General terms and conditions of sale
Website : https://westcheval.fr
Phone : 02.43.86.98.16
Article 1 – Prerequisties definitions
For the application of the present general conditions, the after terms aim for receive the following definitions :
T&Cs : designates the present general conditions of sale.
Client : designates all physical or moral people which have the capacity necessary to contract and purchase the products.
Shop : designates the commercial place "WEST CHEVAL" located at Yvré L'Evêque (72530) the equestrian stadium.
Part(s) : the saler and the client would be denominated, ont he present T&Cs, individually or collectively part(s).
Products : designates all the products purpose to the sale in the shop or on the website by the saler.
Website : designates the website https://westcheval.fr
Saler : designates WETS CHEVAL, Ltd with a capital of 208.000€, the equestrain stadium 72530 Yvré L'Evêque, SIREN 453 372 450, APE 4778C - INTRA-COMMUNITY taxes : FR46453372450.
Article 2 – Scope of application
The present T&Cs applied, withotu restriction or reserve to all the sales conclued by the saler to a client, who would purchase one or several porducts. They precise in particular the conditions of order, payement, delivery and the management of possible come back of the products ordered by the clients. This T&Cs may be complete by particular conditions, before all transactions with the client. The present T&Cs applied to the exclusion of all condition, and in particular these which are applicable for the sales in the shop or online or any other way of any others circuits of distribution and of marketing. They are always communicated to all the client previously to the immediate purchase or durign the passation of an order and available at any moment on the Website and will prevail, if applicable, on all other version or all other contradictory document. All order of products involves, for the client part, the agreement with the T&Cs. This T&Cs which may subject to subsequently modifications, the version apllicable on the buying of the client is one which is in effect on the website on the date of the passation of the order.
Article 3 – Products
The principal features of the products and in particular specifications, illustrations and indications of dimensions of the products are shown in the shop and/or on the website. The client is obliged to take not of it before all passation of an order. The choice and the buying of a product is the only responsability of the client. The offer of the product extends to the limite of the available stocks, as it is notice during the passation of the order. The photographs and graphic design shown in the shop or on the website are not contractuals et shall not be binding on the saler’s responsability. The client is obliged to report to the description of each products to known the properites, the essential particularities and the delivery time. The contractuals informations are present en French language and are subject of a confirmation at the latest of the moment of the validation of the order by the client. In case of an order to an other cournty of the metropolitan France, the client is the importer of the concern product. For all the products shipped oustide of the European Union and overseas territories :
- - - he available of the product dépend of the regulations suitable for each country et will be indicated on the website.
- - - he price will be calucate automcatically withtout taxes on the invoice. Customs duties or others locals taxes or rights of importations or state taxes are susceptible to be require. They will be in charge of the client and refer to his only responsability.
Article 4 – Orders
4.1 Immediate purchase in Shop
The immediat purchase are made directly in the shop by the immédiat discount of the product against payement of the price which correspond.
The sale will not be considerate as definitive that after delivery/sending to the client of the confirmation of the acceptation of the order by the saler, et after payement by this one on the intraglity of the price.
It belongs to the client to check the accuracy of the order and report immediately all error.
4.2 Orders on the website
It belongs to the client to slect on the website the products which he desire order, according to the following modalities : The products are present from a descriptive sheet allowing the client to take note of the price, the delivery costs and modes available, as well as the description of the products. The client have the possibility to check the details with his order, his total price and correct possible errors before ton confirme his acceptation. It is his responsability to check the accuracy of the order and report or correct immediately all mistakes. The registration of an order on the website is realised when the client accepts the present T&Cs by ticking the box provided for this prupose and valid his order. This validation involves the acceptation of the integral of the present T&Cs. The sale is definitive only after the sending to the client, the confirmation of the acceptation of the order by the saler by email, and after payement by this one of the intreglity of the price. All order passed, validate by the client and confirmed by the saler, in the conditions and according to the terms above describe, ont he website constitute the formation of a contract conclued at a distance between the client and the saler. Except evidence to the contrary, the data registered into the informatique system of the saler constitue the evidence of all transactions conclued with the client. The client could follow the evolution of his order on the website. In case or breaking up or of unavailability of the product, the saler will inform the client. This one may then terminate his order and ask for a credit note or refund. In case of non response by the client under 7 days, the saler will process to a credit note.
4.3 Provision common to all orders
The saler keeps the right to cancel or decline all order of a client with one who it may exist a litigation relative to the payement of an anterior order.
The possible demands of modifications of the order of the client will not be taking into consideration, in the limit of possibilities of the saler, only if they are notified by email (firstname.lastname@example.org) , mininmum 48 hours before the date planned for the shipping of the order. In the hypothesis which this modifications could not be accepted by the saler, the possible sum paid during the passation of the order by the client will be returned to him in a maximum of 14 days start from the notification of the impossibility of accept the modifications asked by the client (except if this one prefer to benefit from a credit). The orders can be canceled by the client out of the exercise of the right of retractation or major force until the sending of the email which inform the client of the shipping of his product, and this, without cost for the client.
Article 5 – Tariffs
5.1 The products are provided with tariffs in effect listed on the website, or in the shop, at the day of the immédiat purchase, or the registration of the order by the saler. The prices are expressed in Euros, without taxes. The tariffs take account of possibles discount which will granted by the saler. This tariffs are definitive and non-reviewable during their validity period, as it is indicated on the website or in the shop, the saler keeps the right, out of this period of validity, to modified the price at any moment. For the products which are not withdrawn by the client himself, the prices don’t take account the treatment, shipping, transport and delivery costs, which are invoicing in addition, in the conditions indicated on the website and calculated previously during the passation of the order. If the client ask for a shipping mode faster or more expansive thant the normal shipping, additional delivery costs, than they appear at the moment of the validation of the order by the client, are in its entirely at its own expense. The payement asked to the client correspond to the toal price of the purchase, including its costs.
5.2 Programme de fidélité West Cheval
Le programme fidélité de West Cheval est valable sur le Site Internet et en Magasin. Il ne fonctionne pas pour certaines opérations commerciales qui seront précisées en Magasin et/ou sur le Site Internet. Pour bénéficier dudit programme, le Client doit, avant toute commande, créer un compte à son nom en renseignant l'ensemble des informations demandées.
Ainsi, chaque tranche de 100 € d'achat génère 6 € sur le compte du Client, utilisable pour les prochains achats. Ils sont cumulables entre eux. Le bon d'achat est directement crédité sur le compte du Client dans ‘’mes récompenses’’. Le Client doit transformer sa récompense afin de pouvoir appliquer la réduction sur son prochain panier. Dans le récapitulatif du panier, la référence de la récompense sera indiquée et le Client devra cliquer dessus ou saisir le code généré dans l'espace prévu.
5.3 The gift card
The gift card is nominative and is valid 1 year on the porducts. The gift card buy in th shsop is valid as well on the wesite as in the shop. The gift card buy on the website is valid only in the website.
Article 6 – Terms of payment
6.1 The price is payable in cash, in totality at the day of the immediate purchase or during the passation of the order byt he client, by secure payement, according to the following terms and conditions :
- by bank card : Visa, MasterCard, American Express, other bank cards
- by Paypal,
The payement by bank card is irreversible, excpet in case of a fraudulent use of the card. In this case, the client can ask the cancellation of the payement and the resitution of the corresponding amounts.
The payements made by the client will be considered as definitive only after efffective collections of the sums due by the saler.
The payement data are exchange in encrypted mode thanks to the SystemPay protocol. The confidential data (N° of bank card, validity date and cryptogram) are encrypted thanks to the SSL standard and are in no way stocked on the website servers.
6.2 3x and 4x payment with fees
Payement of an order in 3 or 4 times by credit card start from 100€ of purchase to 3000€ with Oney Bank.
Our partner Oney Bank prupose you a financial solution named 3x 4x Oney, which allows to pay your purchase from 100€ to 3000€ in 3 or 4 times with your credit card.
Conditions : The offer is reserved for the clients resident in Metropolitan France as well as the Réunion, Guadeloupe, Guyanne and Martinique and holder of a Visa and MasterCard credit card only and having a validity date superior to the financial time choosen.
Subscritption terms and conditions : after have validate his shopping cart, the client click on the « payement in 3x 4x Oney by credit card button ». He is so redirect to the internet page 3x 4x Oney of our partner showing the summary detailed of his order and the demand of custom financing, which must be validate after. He accept, after reading of the general terms and condition of payement in several times by which he reconized his consent to contract and constitued an agreement irrévocable and withtout reserve of general terms and conditions of the products. Oney Bank keeps the right to accept or decline the financing demand in 3x 4x Oney. The client has a retractation deadlines of 14 days to renounce to his credit.
Functionnement : this payement in 3 or 4 times by credit card allows to the clients to pay for the order made on the website by the following way :
A obligatory contribution, debited on the day of the confirmation of the shipping of the order corresponding to 1/3 or ¼ of the order, on which are adding the corresponding cost at 1,45% of the total amount of the order for a 3 times and at 2,2% for a 4 times (in the limit of 15€ maximum for a payement in 3 times and of 30€ maximum for a 4 times)
Two or three monthly payments, corresponding each to a tierce or a quart of the order, taken at 30 and 60 days after for the 3 time and at 30, 60 and 90 after for the 4 times.
The payement in 3 times from 100€ of purchase and to 3000€. For example : for a purchase fo 150€, deposite of 52,18€ then 2 monthly payments of 50€. Credit for a period of 2 months at TAEG fix of 19,26%. Financing cost : 2,18€ in the limit of 15€ maximum.
The payment in 4 time from 100€of purchase to 3000€.
Example : for a purchase of 400€, deposite of 108,80€ then 3 monthly payements of 100€. Credit on 3 month at TAEG fix of 19,31%. Financing cost : 8,80€ in the limit of 30€ maximum. Oney Bank – LC with capital of 51 286 585€ - Siège social : 34 avenue de Flandre 59170 CROIX-RCS Lille Métropole 546 380 197 – n° Orias : 07 023 261 – www.orias.fr – Correspondance : CS 60006 – 59 895 Lille Cedex 9 – www.oney.fr – Contact at 3670.
6.3 Payement by discount code:
The discount code that the client have in his possession can be use by entering the code corresponding in the part of the shopping cart order provided for this purpose. A discount code is available only on the scope the wording of the operation and it is not cumulable with an other code and/or offer in progress.
The codes which are available only 1 time by person are the following :
- Gift card code (usable in several times, but nominative)
- Discount code during a game competition or all the calendar event
- Code which are said « birthday »
The promotional code (balances, French Days, Black Fridays…) are available several times by person.
Their validity time can’t be prolonged and their are not replaced in case or loss, steal or destruction.
The discount codes are by default valid on all the products EXCEPT destocking (except contrary information of the saler).
Despite our attention range to the application of the reduction, if a validated code did not match to the wording of the operation in progress, if the discount applies on a product which are not concerned by the offer or if a code is validate for a amount inferior to the minimum amount provided for the application of the reduction, the order will be canceled automatically.
The reduction cost are non-transferable and undivided and can’t in no way have an exchange value or a refund, be sold or coined in any form whatsoever.
Article 7 – Delivery
The products subject to an immediate purchase can be immediately carried away by the client from the shop.
The products ordered by the client could be delivered according to the following indicative terms & conditions:
Terms & conditions
Deadlines (working days)
Cost of shipping
From 0 € to 75 € of purchase regardless of the delivery method
48 to 96 hours
Start from 5,95 €
Start from 75 € in a pick-up point
48 to 96 hours
Whatever the amount in express at home
24 to 48 hours
Start from 15 €
Colissimo or Chronopost carrier
1 to 5 days
Start from 16 €
Colissimo or Chronopost carrier
3 to 10 days
Start from 19 €
According to the weight / volume ratio of the package
The shipping costs are directly indicated in the basket according to the order and the delivery zone
Overseas Departments areas*
Colissimo or Chronopost carrier
Start from 40 €
Area's details :
Area 1 : Germany, Belgium, Netherlands, Luxembourg,
Area 2 : United Kingdom, Ireland, Italy, Spain, Portugal, Austria.
Area 3 : Denmark, Hungary, Poland, Czech Republic, Slovakia, Slovenia, Estonia, Latvia, Lithuania, Switzerland, Sweden.
Area 4 : Greece, Iceland, Finland, Norway, Turkey, Maghreb, specific territory Spain and Portugal (Canary Islands, Balearic Islands, Ceuta, Melilla, Azores, Madeira), other Eastern European countries.
Area 5 :Australia, Canada, China, Hong Kong, India, Israel, Japan, Russia, Singapore, South Korea, Thailand, USA, Vietnam.
Area 6 : Others Country.
* : Overseas departments excluding French Southern and Antarctic Lands and Clipperton.
Provided that the seller keeps the right to modifi all delivery terms (area in all or in part, terms & conditions, delivery time and cost and transport fees), and this, for any reason.
The products are delivered at the indicated address by the client during his purchase or his order on the website. All packages send back to the client in reason of an wrong or incomplete delivery address will be reship at the client’s fees.
In case of particular demand of the client concerned about the packing terms & conditions or of transport of the ordered products, duly accepted by the saler, the related costs will be subject to a specific additional invoice.
The delivery is made up of the transfer to the client of the physical possession or of the product’s control.
The saler is commited to do his best effort to delivery the cordered products by the client in the delivery time precise above. However, this delivery time are communicate as an indication. If the ordered products have not be delivered in the delivery time indicate previously after the indicative date of delivery, for any other reason that the major force or the fact of the client, the sale may be resolve by the writing demand of the client in the expected conditions on the art. L 216-2 L 216-3 L241-4 of the C of consom. The amount paid by the client will be returned to him at the latest of the 14 days which follow the denonciation date of the contract, to the exclusion of any compensation or retention.
The delivery are insured by a freelance carrier, at the address mentionned by the client during the order and to which the carrier will have easy access to. The client therefore recognizes that it is to the carrier that it belongs to carry out the delivery and does not have any recourse by guarantee against the saler in case of delivery default of the purchasing transported.
In case of non-conformity of the delivered product, the saler is commited to remedy this, like indicate on the article 10.
The client is obliged to check the condition of the products delivered. He has a 48-hour deadline from the delivery to make by email (email@example.com) all reserves or reclamation for no-conformity or visible defect on the delivered products (for example damaged package already opened), with all related supporting documents (photos in particular). After this deadline and in default of having respect these formalities, the products will be deemed to be in conformity and free of any apparent defect and any reclamation cannot be validity accepted by the seller
From the acceptation of the saler about the condition of the product, the client has 21 days to return the product. The saler, once the porduct received and the non-conformity and/or visible defect constat, will reimburse as soon as possible and at his fees, the delivered products which the default of conformity or the visible or hidden defect will have been proven by the client, under the conditions provided for the art. L 217-4 and following of the C. consom and these provided at the present T&Cs (see guarantee in particular)
Article 8 – Transfer of ownership - Transfer of risk
The transfer of the ownership of the products of the saler, for the benefit of the client, wheter it is a immediate purchase or an order, will be realised only after complete payement of the price by this last, and this whatever the date of the delivery of the products. Except when the client appeals a carrier that he himslef has chosen, freelance of the saler, in which case the transfer of the risk is made at the moment of the delivery of products ordered by the saler to the carrier chosen by the client, whatever is the date of the transfer of the ownership of the products, the transfer of the risk of loose and deterioration related to it, will not be realised that at the time when the cliet will take physically possession of the products. The products therefore travel at the seller’s risk.
Article 9 – Right of withdrawal
As per of legal provisions in effect, the client has a 14 day deadline start from the reception of the products to exercise his right of withdrawal at the saler, without having to give reasons or pay penalty, for credit or refund, provided that the products was return on their original state and complete (packaging, accessories, notice, unworn or washed product and ungreased leather…) allowing them to be placed on the market as new, accompanied with the purchase’s invoice, in the 21 days following the notification to the saler of the decision of withdrawal of the client.
The damaged products, dirty or incomplete are not take back.
The cleaning and care products such as precise on the website and/or in the shop can’t, due to their packaging specificity, be taken over.
The right of withdrawal can be exercise online, with help of the from of withdrawal available on the website or by email (firstname.lastname@example.org) in which case an acknowledgement of reciept on a durable medium will be immediately communicated to the customer by the seller, or of all other declaration, unambiguous, expressing the will to withdraw
In case of exercise of the right of withdrawal in the deadline above, only the price of the buying product(s) the delivery fees are refund exclusively for the orders made in France Métropolitan (for all others territories, the back in the conditions above will be at the client’s fees). The fees of back staying in charge of the client as well as the respect of the packaging in accordance with current transports standards.
The refund will be made in the 14 days start from the reception of the product by the seller.
Article 10 – Seller's liability - Warranty
The products offered for sale are compliant to the reglementation in effect in France and have compatible performance with the uses.
The products offered for sale are compliant to the reglementation in effect in France and have compatible performance with the uses. The products provided by the saler have full rights and without complementary payement, independently from the right of withdrawal, in accordance with legal provisions.
- The legal guarantee of conformity, for the products apparently defective, damaged or spoiled or which not correspond at the order or the immediate purchase.
- The legal guarantee against the hidden defects from a defect of the material, of conception or the fabrication affecting the delivered products and making them unfit for use.
In the conditions and according to the terms and conditions covered in the box below
It is recalled that within the framework of the legal guarantee of conformity, the Customer
- has a period of two (2) years from the delivery of the goods to take action against the Seller;
- may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in art. L 217-9 of the Consumer Code;
- is exempted from proving the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product, except for second-hand goods, for which the period is extended to six months (art. 217-7 of the Consumer Code).
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Product. The Customer may decide to implement the guarantee against hidden defects in accordance with art. 1641 of the Civil Code; in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the seller, in writing of the non-conformity of the products within the above-mentioned time limits and retrun at his own expense or bring back to the store the defective products in the state in which they were received with all the elements (accessories, packaging, instructions, unworn or washed products and ungreased leather etc..)
The seller will refund, replace or repair products or parts under warrantly that are found to be non-conforming or defective. In the case of delivery, shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Reimbursements for products deemed to be non-compliant or defective shall be made as soon as possible and at the latest within 30 days of the seller's finding of the non-compliance or hidden defect. Refunds shall be made by crediting the customer's bank account or by bank cheque sent to the customer.
The responsability of the saler cannot be engaged in the following cases :
- No respect of the legislation of the country in which the products are delivered, that it belongs the client to check.
- In case of a bad use, a use non-conforming purposes of the product, negligence or lack of maintenance from the client, like in case of a normal wear and tear of the product, accident or major force.
The guarantee of the saler is, in any case, limiteed to the replacement or reimbursement of the products non conforming or affect by a defect.
Article 11 – Protection of personal data
The saler respect the regulation on the personal data in effect un France, and in particular the Rules (UE) 2016/679 of the european Parlement and the board of the 27 april 2016 relative to the protection of the physical people with regard to the treatment of the personal data and of the free circulation of this data and the law 78-17 of the 6 january 1978 modified regard to the IT, to files and freedoms. In application of this dispositions, it is recalled that the nominative data demand to the client are necessary for the treatment of his order and to the institution of invoices, in particular. This data can be communicate to the potential partner of the saler in charge of the exécution, the treatment, the manage and the payement of the orders. The treatment of the informations communicate through the website answer to the legal requirements in the field of protection of the personal data, the inforamtion system use ensuring an optimal protection of this data.
The client have, in accordance with national and european regulations in effect, at any moment, a right of access standing, of modification, of rectification, of opposition to portability and of limitation of the all of its personal data by writing by mail and by justifiying of his identity at the following address : email@example.com
Article 12 – Intellectual property
The contains of the website is the priority of the seller and his partners and is porect by the french and international law relating to the intellectual property
On the other hand, the seller stay owner of allthe rights of intellectual properties on the photographs, presentations, studies, drawing, models, propotypes, etc, realised (even at the demand of the client) in sight of the suppliesof the products to the client.
The client prohibits himselfof all reproduction or exploitation, total or part, of said website as well as of the said photographs, presentations, studies, drawing, models and prototypes, ect, without the express permission, writen and previously of the seller who can condition it to a financial counterpart.
Article 13 – Unpredictability
In case of a unforeseeable change of circumstances during the conclusion of the contract, the dispositions of the art. 1195 of the C. civil will apply. In case of success of the renegotiation, the parts will etablish withtout deadline of a new order for the operations of supplies of the concerned products. In cas of fail of the renegotiation, the parts will apply the disposition of the art. 1195 of the C. civil.
Article 14 – Exception of non-performance
It is recalled that in application of the art.1219 of the C.civil, each parts may refuse to run his obligation, even though this one is required, is the other part do not run his own and is this non-perfomance is sufficiently serious, i.e. suscptible to question the pursuit of the contract or to turn over basically its economic balance. The suspension of implantation will take effect immediately, on receipt of the part presumed to be in default of the notification of the intention to enforce of the exception of non-perfomance prevent until the allegedly defaulting party fulfils the obligation in respect of which a breach of duty is evident, served by registered letter with acknowledgement of receipt or on any other durable written medium capable of providing proof of posting
This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of Art. 1220 of the Civil Code, if it is clear that one of the Parties will not perform its obligations on the due date and that the consequences of this non-performance are sufficiently serious for the Party suffering from the default. This option is used at the risk of the Party taking the initiative.
Article 15 – Major force
The parts cannot be held responsible if the non-execution or the delays in the exécution pf any of their obligations, as describe in the present T&Cs, is due to major force, in sens with the art. 1218 of the C. civil.
The part of which the exécution of the obligations is prevented by the cause of major force or the indépendant cause of his willingness, inform immediately the other part by any way to his convenience (phone, email, etc) and confirm it by writing in the 5 days following the begining of the non-performance or of the delays in the implementation of the obligation. It is discharged of its obligations as long as the prevention persits and will take commercially reasonable measures to take over the exécution of its obligations.
During this suspension, the parts agree that the fees generated by the situation will be at the expense of the prevented part.
Article 16 – Language - Applicable law - Dispute resolution
The present T&Cs and the obligations that arise from it are governing bodies by the French right. They are written in french language. In the case in which they will be translate in one or several language, only the french text shall be deemed authentic in the event of a dispute.
In case of occurrence of difficulties, whatever their nature and the date of occurrence, concerning the scope, the interpretation or at the implementation of the T&Cs, the parts are obliged to looking for as a priority a transactional solution non-contentious. All the dispute to which the operations of purchase and sales conclued in application of the present T&Cs could give rise to, concerned as their validity, their interpretation, their implementation, their resiliation, their consequences as their aftermath and that could not be solved between the seller and the client will be submitted to the competent courts in the conditions of comman rights.
The client is informed that he can in any case use a conventional mediation, in particular at the commission of the mediation of the consumption (C. consom. Art. L. 612-1) or at existing sectoral mediation bodies, the references of which can be found on the website, or to any alternative dispute resolution method (e.g concilation) in the event of a dispute.
The client who finds that a violation of the general regulations on the protection of personal data has been committed, has the possibility of mandating an association or an organisation mentioned in IV of art. 43ter of the 1978 law on data processing and freedom, in order to obtain compensation against the person responsible for the processing or the subcontractor, before a civil or administrative court or before the national commission on data processing and freedom
Article 17 – Information précontractuelle - Acceptation du Client
The client reconize had communication, previously at the immediate purchase or at the transfer of his order, clear and understandable material, of the present T&Cs and all the informations list at the article L. 221-5 from the C. consom, and in particular the following informations :
- the essential features of the product,
- the price of the products and the additional fees (delivery for example)
- in the absence of immediate performance of the contract, the date or period within which the Seller undertakes to deliver the Product,
- information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
- information on legal and contractual guarantees and how to apply them,
- the functionality of the digital content and, where appropriate, its interoperability,,
- the possibility of resorting to conventional mediation in the event of a dispute.
The fact for a person, to carry out an immédiat purchase or to order a product on the website implies full and whole adherence and acceptance of the present T&Cs and obligation of payement of the concerned productsn, which is expressly recognised by the client, who renounces, in particular, to prevail of all contradictory document, which would be unenforceable against the seller.
The Customer acknowledges that he/she has the required capacity to contract and acquire the Products offered on the Website.
PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the goods must
- Be fit for the purpose usually expected of similar goods and, where applicable :
• correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
• have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee that was granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
ANNEX 2 - WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the Website, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable GTC.
To the attention of WEST CHEVAL, Le stade équestre, 72530 Yvré l'Evêque
- Order of [Date]
- Order number :
- Client's name: ....................................................................
- Client's address: ...............................................................
Signature of the Client (only in case of notification of this form on paper)
APPENDIX 3 - CONTRACTUAL WARRANTY
Certain Products offered by the Seller also benefit from a commercial warranty granted by the manufacturer. Where applicable, the extent and duration of this warranty will be indicated in the description of the Product and, at the latest, in a warranty notice provided upon delivery.
The implementation of the commercial warranty does not deprive the Customer of the provisions relating to the legal warranty as defined in these GTC.
SARL WEST CHEVAL, le stade équestre 72530 Yvré L’Evêque, SIREN 453 372 450, APE4778C – TVA INTRACOMMUNAUTAIRE : FR46453372450