Legal notice

Equinail SAS – Capital 10 000 €
Le Hallier 37230 LUYNES
RCS Tours - Siret : 80205875000018
Phone: +33 609 673 222

 

Customer service email address: contact@equinail.com

Publication Director: Yves Langlois

Hosted by: OVH

SAS capital 10 000 000 €
RCS Roubaix – Tourcoing 424 761 419 00045
Code APE 6202A
VAT number: FR 22 424 761 419
Head Office: 2 rue Kellermann - 59100 Roubaix - France.
Publication Director : Octave KLABA

 

Terms and Conditions

Preamble

The present Terms and Conditions apply between:

Equinail SAS – Capital 10 000 €
Le Hallier 37230 LUYNES
RCS Tours - Siret : 80205875000018
Phone: …….

contact@equinail.com

 

Named hereafter « Equinail »

 

And

 

Any physical person who acts as an individual or as a representative of a legal person who is visiting or purchasing on the website named www.equinail.com . Equinail is a brand that belongs to Yves Langlois and that has been registered at the INPI under the number 134042301.

Following “Internet user”

www.equinail.com is a website dedicated to accessories, cosmetic products or any other product in relation with horses.

Any order placement made on the website implies the reading and the acceptation of the present Terms and Conditions.

As the website is an e-commerce space, the Internet user admits that his agreement regarding the present Terms and Conditions does not require any hand-written signature.

The Internet user is invited to save and print the present Terms and Conditions that are valid between the parties.

The Internet user declares being over the age of majority and having full legal capacity that allow him to undertake to the present Terms and Conditions and to subscribe to a contract under the French Law.

 

1 – Object

The present Terms and conditions aim to define the rights and obligations of the parties as part of the product selling on the online sales area that is accessible on the website, from the order placement to the after-sale service and guaranties, including the payment and the delivery.

2- Enforceability of the Terms and Conditions

The Terms and Conditions version that is opposable to the Internet user is the one that appears on the website at the moment of the validation of the order by the Internet user.

The different Terms and Conditions versions are archived by Equinail.

The Terms and Conditions are subject to modification or cancellation at any time.

3. Unavailability of the website

The website or the access to one or several services related to the website, such as the sales area, could be closed temporarily or definitively, without notice. Then, the Internet user could not pretend to any compensation.

4. Products

4.1 Availability

The products (goods or services) sold by Equinail are those who appear on the website the day the Internet user consults the website.

The products are sold while stocks last. Failing product availability, Equinail commits to inform the Internet user in any way within five days from the order placement.

Under these circumstances, and with the agreement of the Internet user, Equinail could schedule another delivery date subject to availability. Failing an agreement, or if the order product can’t be provided, Equinail will refund the amount paid by the Internet user within 15 days. Then, the Internet user could not pretend to any compensation.

4.2 Information / warranty

Before the order placement, the best care is provided to bring online all the information related to the essential product characteristics, to the payment modes and to the delivery. However, some minimal variations in the representation of the product that do not affect the main characteristics can be done. These variations can’t commit Equinail contractual liability, in no way.

The information that appears online do not exempt the Internet user from reading the instructions of use or any other enclosed information related to the product (precautions, conditions of use…).

The presented products are in compliance with the current French Law and the French applicable standards, as well as with the use they are aimed at.

If located outside of France, the Internet user must check with the local authorities the import and use possibilities of the products or services that will be ordered. In this respect, Equinail does not guarantee anything, whatever the nature.

4.3 Order placement as a professional

In order to place an order as a professional, the Internet user must provide a copy of the company registration (not more than 3 months old), as well as his banking information.

For any order inferior to 400 euros excluding taxes, Equinail will get a 12 euros participation considered as management fees.

For any order superior to 400 euros excluding taxes, the orders will be exempted from shipment and management fees.

The payment of the first order must be done in advance by bank transfer, on proforma invoice.

5. Price

The prices related to the order of the products are indicated on the dedicated online sales area.

The indicated prices are in euro, all taxes included.

Unless otherwise specified, the prices do not consider the shipment cost that will be indicated in addition to the all taxes included price.

The price considers the applicable VAT on the day of the order placement. Any change of the VAT rate will be automatically affected to the product prices on the sales area.

The e-mail order confirmation that will be sent to the Internet user will indicate the total amount of the order (all taxes included price + shipment cost) in euro.

The product prices do not include the communication cost linked to the use of the online services that must be borne by the Internet user.

Equinail reserves the right to modify the prices at any time. However, the products will be invoiced according to the prices indicated when placing the order.

 

6 - Order

6.1 Order placement

Placing an order implies the following steps:

- Step 1: fill your cart

- Step 2: fill in the mandatory fields on the identification and/or information form. The Internet user confirms the truthfulness and the accuracy of the information.

- - Step 3: reading of the Terms and Conditions

- Step 4: agree the Terms and Conditions by checking the box “Terms and Conditions” (unchecked by default), then by clicking on the box “I agree”.

- Step 5: confirm the order by clicking on “order with payment obligation”

The Internet user received an acknowledgment of receipt of his order by email.

Any order placed by the Internet user following the previous steps represents a definitive acceptation of the Terms and Conditions and an electronic signature that has the same value as a hand-written signature, according to the Civil Code.

 

6.2 Order confirmation

In compliance with he feasible rules, the contractual information will have to be confirmed by email, at the address indicated by the Internet user on the order form, at the latest at the moment of the delivery.

This email confirmation will contain the following information:

- the product description

- the order number

- the order total amount (excluding taxes, including taxes, shipment cost)

- a reminder of the secure payment conditions

The Internet user is responsible of the conservation of the contractual information.

Equinail has the right to not confirm the order, especially in case of payment authorization refusal, wrong address, or any other problem met on the user account. In any case, Equinail will inform the Internet user by email.

The order becomes definitive only after:

- The payment of the whole price by the Internet user.
- Checking the availability of the product by Equinail within 48 working hours from the sending of the acknowledgment receipt of the order by email to the Internet user.

For order placement, the working hours stretch from Monday to Friday, from 9:00am to 5:00pm, excluding public holidays.

7 - Payment

7.1 Payment modes

The payment can be made online by credit card, check, or via Paypal. The invoice of the product will be inside the box of the ordered product.

The order is not confirmed until the buyer pays the total amount.

For credit card online payment, Equinail uses the secure payment service provided by the server of its bank partners. All the information transferred from the website to the payment system are scrambled in order to ensure the confidentiality.

Besides, Equinail has set up a checking procedure that aims to verify that no one is using your bank details without you knowing. As part of this checking, Equinail can ask to the customer to send by fax a copy of his ID as well as a proof of address. The order will be confirmed only after the reception and the verification of the documents by Equinail services.

7.2 Payment default

In the event of a payment default of the un-justified price for legitimate reason, Equinail has the right to ask you some late payment interest, calculated according to the operative legal rate increased of three points from the due date of the payment.

For professional customers, in case of contentious recovery (collection company, lawyer, bailiff) and after a simple mail, Equinail’s claims will be increased of 40 euros as fixed indemnity without prejudice to any damages that might be applicable.

7.3 Retention of title

The delivered product remains Equinail property until the reception of the complete payment. A payment default could lead to the product claim by Equinail.

The damage and loss risks are transferred to the buyer as soon as he receives the product.

8 - Conditions and delivery schedule

8.1 Withdrawal on site

The Internet user can order and withdraw his order on site, at the following address:

-       Le hallier 37230 luynes

Equinail will inform the Internet user as soon as the order is ready.

8.2 Delivery schedule

The ordered products are delivered within 15 days after the reception of the order confirmation and its payment.

Please note that the order processing usually lasts 24 hours. This period can vary and extend to several days according to the availability of the products and the quantity of orders.

In case of unavailability of the ordered product, Equinail commits to inform the Internet user as soon as possible and to refund him the paid amount within 30 days.

In case of extension of the delivery schedule, Equinail commits to inform the Internet user as soon as possible so he can chose to maintain or cancel his order, completely or partially.

Equinail can’t be blamed or responsible for the consequences of an out of control event, particularly in force majeure case, that could delay or prevent the delivery of the ordered product.

In case the mentioned delay is not respected, and increased by 7 days, the Internet user has the right to cancel his order by sending a recorded letter against signature to the address mentioned at the beginning of the Terms and Conditions part. Equinail will take into account the cancelation only if the shipment or the delivery has not been done between the moment when the recorded letter has been sent and its reception. Then, Equinail will refund the Internet user within 30 days after the reception of the recorded letter.

The Equinail Company is in charge of the choice of the carrier and guarantees the careful transport of the goods.

8.3 Delivery control

The Equinail company guarantees that the delivered product is in compliance with the essential characteristics mentioned on the website, for an adapted use.

The Internet user is required to check the package and the product conformity. He has the possibility to express reservations on the delivery slip of the carrier.

The Internet user is up to take note of the specific delivery instructions in the appendix 1.

8.4 Delivery zone

The parcel shipment is made from France to any country, subject to custom restrictions. The delivery in mainland France is made via So Colissimo, or recorded Colissimo without signature. The shipment cost is added to the order amount according to its weight and volume. La Poste determines the price scale.

We advise you to read the Colissimo information for further details.

For the other countries, the shipment cost is indicated when placing the order, according to the country and the associated delivery options.

Equinail is not able to provide you with the importation taxes and the custom fees applied to an order sent outside the European Union. Thus, you are required to contact your custom office to get the information you need and the cost related to the delivery of your product. The import taxes and custom fees will be borne by you.

9 – Warranty

9.1 Latent defects warranty

Equinail is required to respect the legal warranty of the latent defect, according to the Article 1641 of the Civil Code: « A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them. »

In any way, Equinail can’t be responsible for the wrong use of the product by the buyer, but also for the non-respect of the applicable regulatory and legislative measures.

9.2 Non-compliance and defectiveness

In case of non-compliance or defectiveness of the delivered product during its proper use, the Internet user is required to contact the Equinail Customer Service by indicating clearly the reasons of the refusal.

Then, Equinail commits to exchange the product or refund the Internet user, subject to the return of the good in the original package. In case of a return due to defectiveness, Equinail will refund the shipment cost upon presentation of the receipt and according to the Colissimo price scale.

The stipulations of this article do not prevent you from benefiting from the revocation right foretold in the Article 10.

10 - Withdrawal right

If the Internet user is a professional who is buying as part of his job’s needs, the period of withdrawal foretold in the Consumer Code is not feasible.

According to the Article L 121-16 of the Consumer Code, the non-professional Internet user benefits from a fourteen-day period of withdrawal from the day of reception of his order.

If the non-professional Internet user asserts his right of revocation, the product must be returned unused, and in its original and undamaged package (no major deterioration on the package). The product has to be returned within 14 days after the communication of the revocation, with the potential accessories and instructions as well as the related invoice.

Damaged or incomplete products will not be taken back. The return fees will be borne by the non-professional Internet user.

If the non-professional Internet user exercises his right of revocation, he will have the possibility to ask for a refund of his order, with the exception of the return fees, or to exchange the product. In the event of an exchange, the non-professional Internet user will have to pay the shipment cost of the new product if the amount is superior to the first ordered one. He will also have to pay for the eventual additional cost of his order.

Consequently, Equinail commits to send the new product to the non-professional Internet user as quickly as possible.

In case of a refund requirement indicated in the withdrawal form, or if the exchange product box is not checked, Equinail will refund the non-professional Internet user within 14 days from the date Equinail is informed of the exercise of the revocation right. Re-crediting the bank account by secure transfer if the initial payment was made by credit card, otherwise by Paypal or check will do the refund.

Beforehand, every return should be announced to the Equinail Customer Service: - in priority by phone…, from Monday to Friday, …- or – online, on our website in the “order tracking” part where you will get your order number after entering your customer number. The product must be returned by recorded Colissimo to Equinail, Le Hallier 37230 LUYNES.

11 - Personal data protection

The required information, especially via the forms, are necessary to the treatment of your order and will be communicated to our partners in charge of the processing of your order, and to the transporter and/or all the competent authorities able to manage the litigation between Equinail and the Internet user. Also, the personal data can be used to know better the Internet user and to provide him adapted offers.

The required information, especially via the forms, are necessary to the treatment of your order and will be communicated to our partners in charge of the processing of your order, and to the transporter and/or all the competent authorities able to manage the litigation between Equinail and the Internet user. Also, the personal data can be used to know better the Internet user and to provide him adapted offers. According to the law n°78-17 of January 6th, 1978, concerning computer science, files, and liberties, the treatment of the named information collected on our website is subjected to a receipt declaration n°… from the Computer Science and Liberty National Commission. The Internet user has the right to access, to modify, to correct, and delete all of his personal data. In order to exercise this right, the Internet user will have to send an email to the Equinail Customer Service at the following address contact@equinail.com, or a mail at the address mentioned previously on the Terms and Conditions part.

12 - Intellectual property

The elements that belong to Equinail, such as the website, the brands, the drawings, the models, the pictures, the records and videos, the texts, the photos, the logo, the corporate identity and style guide, the recipes (non-exhaustive list), are the exclusive property of Equinail.

The present Terms and Conditions shall not entail a transfer of intellectual property regarding the elements that belong to Equinail to the benefit of the Internet user.

Equinail provides a non-exclusive, personal, and non-transmittable right of access to the website, in the framework of a conform use defined via the present conditions. Any other use constitutes counterfeiting and is punished by the law on behalf of the Intellectual Property.

The Internet user must forbid himself to harm Equinail Property Right, directly or indirectly, and to exploit in any way the names, brands, and logos. The Internet user asserts to respect the integrality of Equinail’s rights, and forbit himself to create any analogy in the public mind for any purpose whatsoever.

The links, such as hypertext ones, from the website home page or from any other pages require an authorization and should be deleted on Equinail’s demand.

13 - Responsibility

Equinail can’t be held liable of the non-execution of its obligations in case of force majeure case according to the law and the French court, or in case of uncontrollable events.

In any case, Equinail’s responsibility is limited to the price of the sold product as part of its relations with the professionals.

Besides, Equinail can be held liable of the insubstantial and indirect damages that can be due to the access to the website or to the placement of an order, within the framework of the current regulations. Please note that the hypertext links on the website lead to other websites that are under the responsibility of their owners and holders.

14 – Force Majeure

None of the two parties would have failed to their contractual duties, since their execution would be delayed, hindered, or prevented by a force majeure case. Will be considered as a force majeure case all the irresistible facts and circumstances external to the parties, unpredictable, inevitable, and independent from the will of the parties that can’t be prevented by them, despite all the efforts reasonably possible. The affected party by such circumstances will advise the other within ten days after knowing about it. Therefore, the two parties will get in touch within one month, except in case of impossibility due to the force majeure case, to evaluate the impact of the event and agree on the new conditions of the contract. If the force majeure case lasts more than three months, the damaged party could cancel the present Terms and Conditions. Apart from those usually retained by the jurisprudence of the French courts, and expressly, are considered as force majeure cases: the blocking of the transport or supply modes, earthquakes, fires, storms, floodings, lightnings, the shutdown of communication networks, or the difficulties peculiar to the communication networks external to the customers.

15 - Entirety

Assuming that the clauses of the present contract would be null and void by a legislation or regulation change, or by a court decision, the validity and the respect of the present Terms and Conditions could not be affected in no way.

16 - Duration

The present Terms and Conditions apply during all the duration of the existence of Equinail online services.

17 - Proof

Unless the contrary is proved, the computerized records that are saved on Equinail and its host servers are considered as evidences of communications, orders and payments between the parties.

18-Applicable Law

The present Terms and Conditions are subject to the French Law. The same applies to the substantive and formal rules.

In no way, Equinail will have to comply with the local legislation if the Internet user access to the website from another country.

In case of disagreement, and failing an amicable settlement, the litigation will be the exclusive competence of:

-        the Tours Commercial Court for a disagreement between Equinail and a professional;

-        the competent French Court for a disagreement between Equinail and a non-professional

WITHDRAWAL FORM

Statement pursuant of Article L 121-16 and according to the Consumer Code, the non-professional Internet user dispose of a 14-day period of withdrawal from the date of reception of the order.

I, the undersigned, Mr./Mrs./Ms. …, inform you of the use of my revocation right regarding the order n°… placed on your website.

As such, would you please proceed to:

-        the refund of the amount paid for this order within 14 days from the date of exercise of my revocation right;

-        the exchange of the product by the product reference… on your website.

I am aware of the fact that for lack of choice between a refund and an exchange of the product, I will be refund of the aforementioned order.

I also understand that in the event of an exchange, I have to proceed to the payment of the shipment cost of the new products if they are superior to the initial shipment fees, as well as the payment of the potential additional amount of the order.

Furthermore, I assert to pay for the return of the ordered product within 14 days from the date of exercise of my revocation right, with due regard to the Article 10 of the Terms and Conditions, specifically about undamaged products.

Made in …..

On ….

Signature