General terms and conditions of sale
Version 2.1 – Updated on June 6, 2019
ARTICLE 1 – SCOPE
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales made by GBS SELLIER, a simplified joint-stock company, with capital of 7,060 euros, whose registered office is located at 40 Chemin des Dames ZA La Prêle – 4C 78950 Gambais, registered on the Trade and Companies Register under the number 752 607 267 RCS Versailles (the “Seller”) to buyers (the “Clients” or the “Client”), wishing to make an immediate purchase or place an order for the products offered for sale by the Seller (the “Products”), as well as the products offered for sale by the Seller on the website “www.gbs-sellier.com” (the “Website Products”), as follows:
- New tailor-made and customisable horse saddles;
- Second-hand horse saddles;
- Small items (bridles and accessories, textiles and care products).
In particular, they set out the terms and conditions of immediate purchase, order placement, payment, and handover or delivery of the Products and Website Products ordered by the Clients.
The key features of the Products and Website Products, and in particular the specifications, illustrations and size or capacity information of the Products, are set out in the Seller’s catalogues and on the website. The photographs and graphics shown are not contractually binding and the Seller shall not be held liable in this respect. The Client is required to refer to the description of each Product in order to become acquainted with the properties and main features.
The Products and Website Products are offered, subject to availability, while stocks last.
The Client is required to become acquainted with this information prior to any order placement.
The choice and purchase of a Product is the sole responsibility of the Client.
The Seller’s details are as follows:
40 Chemin des Dames
ZA La Prêle – 4C
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions.
These General Terms and Conditions of Sale are also accessible at all times on the website and these shall prevail, where appropriate, over any other version or any contradictory document.
The Client declares that he has read these General Terms and Conditions of Sales and accepts them prior to his immediate purchase or order placement for any Product or by checking the appropriate box prior to any online order placement or upon receipt of the purchase order by email.
These General Terms and Conditions of Sale are subject to change. The applicable version upon purchase by the Client is the one in effect on the date of the immediate purchase or order placement for the Products and is the one in effect on the website on the date of order placement for the Website Products.
Validation of the order by the Client shall imply acceptance without restriction or reservation of these General Terms and Conditions of Sale.
For orders placed exclusively online, unless there is evidence to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Client.
In accordance with the French Data Protection Act of 6 January 1978, the Client has, at all times, the right of access, rectification and erasure of all personal data by sending a letter, providing proof of identity, to:
40 Chemin des Dames
ZA La Prêle – 4C
In case of order to a country other than mainland France, the Client shall be the importer of the Product or Products concerned. For all Products shipped outside the European Union and French overseas departments and territories, the price shall be calculated exclusive of taxes automatically on the invoice. Customs duties, other local taxes, import duties or State taxes shall be payable. These shall be borne by and the sole responsibility of the Client.
ARTICLE 2 – ORDERS – IMMEDIATE PURCHASES
Orders are defined as sales made online on the Seller’s website and immediate purchases are defined as sales made at physical points of sale (sales at trade fairs or on sectors).
It is the responsibility of the Client upon order to select the Products he wishes to order, as follows:
- validation of the purchase order online;
- provision of the information and details requested in the identification sheet;
- validation of the order after verification of the information;
- order confirmation;
- invoice payment.
The Seller shall file the purchase orders and invoices in a reliable and durable medium, constituting a true copy.
The contractual information shall be presented in French and shall be the subject of a confirmation at the latest upon validation of the order by the Client. Product offers are valid as long as they are visible on the website, subject to availability, while stocks last.The sale shall only be considered definitive after confirmation of the acceptance of the order by the Seller has been handed over or sent to the Client, a signed purchase order has been handed over, and after receipt of the full purchase price.Confirmation of the order shall imply acceptation of the prices and descriptions of the Products available for sale and acceptance of these General Terms and Conditions of Sale, recognition of full knowledge thereof and renouncement of one’s own terms and conditions of purchase or any other terms and conditions.
For orders placed exclusively online, an order is registered on the Seller’s website when the Client accepts these General Terms and Conditions of Sale by checking the appropriate box and validates his order. The Client has the option to verify the details of his order and the total price and to correct any errors prior to confirming acceptance (article 1127-2 of the French Civil Code). This validation implies acceptance of these entire General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is therefore the responsibility of the Client to verify the accuracy of the order and to signal any error with immediate effect.
All orders placed on the website constitute the formation of a contract concluded remotely between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.
If a down payment is paid upon order, in case of cancellation of the order by the Client after acceptance by the Seller, for any reason whatsoever, the down payment paid upon order, as defined in the article “Payment Terms” of these General Terms and Conditions of Sale will be acquired as of right by the Seller, and no refund whatsoever shall be payable.
Immediate purchases follow the rules set out in these General Terms and Conditions of Sale. Therefore, the sale shall only be considered definitive after handover to the Client of confirmation of the acceptance of the purchase by the Seller (handover of a purchase order), and after receipt of the full purchase price. The rules applicable in case of payment of a down payment set out above are also applicable.
ARTICLE 3 – PRICES
The Products are provided at the current prices shown in the catalogue and on the Seller’s website, on the date of the immediate purchase, order placement or registration of the order by the Seller on the website.
Prices are given in Euros, exclusive of taxes and/or including all taxes.
These prices are binding and cannot be revised during their validity period, as indicated in the Seller’s catalogue and on the website. The Seller reserves the right, outside this validity period, to amend the prices at any time.
For Products not collected by the Client in person, the prices do not include processing, shipping, transport or delivery costs, which are invoiced separately, under the terms indicated upon order placement for Products and on the website for Website Products. The payment requested from the Client corresponds to the full sale amount, including these costs.
Specific orders from the Client can be considered. Where appropriate, these will be the subject of an estimate accepted in advance by the Client.
Estimates drawn up by the Seller are valid for 30 days from the date of issue. This period shall not be applicable to certain special offers, in particular sales at trade fairs.
Orders based on estimates shall only be considered accepted after payment of a down payment of one thousand (1,000) euros on the full order amount.
An invoice is drawn up by the Seller and handed to the Client upon delivery of the Products ordered.
ARTICLE 4 – PAYMENT TERMS
In case of purchase by the Client of a new tailor-made and customisable saddle, a down payment on the full purchase price will be required upon immediate purchase or order placement.
This down payment cannot in any case be described as a deposit.
The balance of the price is payable on the date of delivery, under the terms defined in the article “Deliveries” below.
In all other cases, the price is payable in cash, in full on the date of the immediate purchase or order placement by the Client, as follows:
– by card: Visa, MasterCard, American Express, other credit cards;
Card payments are carried out using the SSL (Secure Socket Layer) protocol secure system so that the information transmitted is encrypted by software and no third party can access it during transmission over the network.
The Client’s account is debited upon immediate purchase or order placement for the Products.
The online provision of the card number and the final confirmation of the order shall constitute proof of the entire order in accordance with the provisions of the law of 13 March 2000 and shall imply liability for the costs incurred by the input of the items appearing on the purchase order.
– by cheque and transfer;
– in cash, up to one thousand (1,000) euros per order or fifteen thousand (15,000) euros per order if the non-professional Client is domiciled abroad for tax purposes;
– by Natixis Payments (in two, three or four instalments up to a maximum amount of two thousand (2,000) euros).
The methods will be sent by the Seller by email upon order placement.
Cheque payments must be issued by a bank domiciled in mainland France or Monaco.
The Seller shall not be required to proceed with the issue of the Products ordered by the Client if the latter has not paid the full purchase price under the terms set out above.
Payments made by the Client shall only be considered definitive after actual receipt by the Seller of the sums owed. As a result, the applicable delivery times in this case shall commence upon receipt of payment.
Moreover, the Seller reserves the right, in case of non-compliance with the above payment terms or in case of card or cheque refusal by the officially accredited bodies, to suspend or cancel the delivery of current orders placed by the Client.
The Seller also reserved the right to refuse to carry out a delivery or honour an order from a Client that has not fully or partly settled a previous order or with whom there is a settlement dispute pending.
The Client assures the Seller that he has the necessary authorisations to use the chosen payment method, upon validation of his order.
Orders are sent with an invoice showing the VAT. The Client can, upon request, obtain an invoice showing an address other than the delivery address by checking the appropriate option on the purchase order.
In case of late payment or payment of the sums owed by the Client beyond the deadlines set out above, and after the payment date appearing on the invoice sent to the Client, late payment penalties calculated at a monthly rate of 5% of the full purchase price inclusive of taxes appearing on said invoice, shall automatically be acquired as of right by the Seller, without formality or prior notice.
Late payment shall lead to the sums owed by the Client becoming payable with immediate effect, without prejudice to any other action that the Seller may be entitled to take, in this respect, against the Client.
ARTICLE 5 – DELIVERIES
The Products ordered or purchased by the Client shall be delivered in mainland France within 30 days of shipment of the order of the finished Product. The Client is informed in case of purchase by the Client of a new tailor-made and customisable saddle, that the Product manufacture time is around twelve weeks.
The Client is informed of the shipment of the order via his online account. The deadline indicated above shall commerce from receipt of this information.
Delivery consists of transfer to the Client of the physical possession or control of the Product.
Except in specific circumstances or non-availability of one or more Products, the Products ordered shall be delivered at the same time.
The Seller undertakes to make every effort to deliver the Products ordered by the Client within the timeframes set out above. However, if the Products ordered have not been delivered within 30 days of the scheduled delivery date, for any reason other than force majeure or because of the Client, the sale can be cancelled on written request by the Client under the terms provided for in articles L 216-2 L 216-3 L241-4 of the French Consumer Code. Any sums paid by the Client shall be refunded at the latest within fourteen days of the contract termination date, excluding any compensation or deduction.
Deliveries are carried out by an independent carrier or representative of the Seller (who will have the delivery note signed upon delivery), at the address provided by the Client upon order placement or immediate purchase, which can be accessed easily by the carrier.
Therefore, the Client recognises that it is the responsibility of the carrier to carry out the delivery and that no action may be taken against the Seller in the event of non-delivery of the transported items.
The Client is required to verify the conditions of the Products delivered. He has 14 days from delivery to raise any reservations or complaints relating to non-compliance or apparent defect of the Products delivered (for example damaged package already open, etc.), with all the proof thereof (in particular photos) by registered mail with acknowledgment of receipt. After this deadline or having failed to comply with these formalities, the Products shall be deemed compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller shall refund or replace as quickly as possible and at his own expense, any Products delivered, whose non-compliance or apparent or hidden defects have been duly proven by the Client, under the terms set out in articles L 217-4 et seq. of the French Consumer Code and those set out in these General Terms and Conditions of Sale (see Guarantees, in particular).
In case of delivery problem concerning the carrier
In case of damage to the Products contained in the package refused, any problem must be signalled in advance by email to the address firstname.lastname@example.org, stating the order reference and stating whether a refund or exchange is required.
In case of exchange, the new shipping costs shall be borne by the Seller.
In case of missing package, any delivery delay in relation to the date indicated in the shipping confirmation email must be signalled as quickly as possible by email to the address email@example.com, stating the order reference, in order to raise the query with the carrier.
The Seller cannot proceed with any refund or exchange until the query with the carrier has been concluded. If the package is not found, the Client can choose to receive an exchange or a refund.
In case of delivery error
Any return must be signalled in advance by email to the address firstname.lastname@example.org, stating the order reference, describing the anomalies and stating whether an exchange or refund is required (including shipping costs).
In case of exchange, the return and new shipping costs shall be borne by the Seller.
No shipping costs shall be refunded without submission of the carrier’s supporting invoice, which should be attached to the returned package. Only returns carried out using the carrier will be refunded.
ARTICLE 6 – TRANSFER OF OWNERSHIP – TRANSFER OF RISKS
The transfer of ownership of the Products from the Seller to the Client, whether via immediate purchase or order, will only take place after payment of the full purchase price by the latter, irrespective of the delivery date of said Products.
Irrespective of the transfer of ownership of the Products, the transfer of risks of loss and damage, will only take place when the Client takes physical possession of the Products. The Products are therefore transported at the risk of the Seller.
ARTICLE 7 – RIGHT OF WITHDRAWAL – EXCHANGES AND REFUNDS
Right of withdrawal
In accordance with the current legal provisions, the Client has fourteen days from receipt of the Product to exercise his right of withdrawal with the Seller, without having to provide grounds or pay a penalty, in order to obtain an exchange or refund, on condition that the Products are returned in their original packaging and in perfect condition within fourteen (14) days of notification to the Seller of the Client’s decision to withdraw. The Products must be returned, together with their purchase invoice, by the carrier to GBS Sellier, 40 Chemin des Dames, ZA La Prêle – 4C 78950 Gambais, stating whether an exchange or refund is required (including shipping costs). Any Product returned after this time cannot be accepted and the Seller shall be exempt from any liability with respect to the Client. Returns are carried out under the responsibility of the Client.
For all intents and purposes, it is stated that this right is not applicable to professional Clients.
It is however stated that, for customised accessories and saddles tailor-made to the wishes of the Client, the right of withdrawal is not applicable to the latter. This is because these customised Products can be described as “items made according to the specifications of the consumer or clearly customised” in accordance with article L221-28 of the French Consumer Code, which are not covered by this right.
The Client recognises that the purchase of a new horse saddle tailor-made to his wishes is clearly a customised item and in accordance with the provisions of article L221-28 of the French Consumer Code, he cannot exercise his right of withdrawal in this case.
The right of withdrawal can be exercised online, using the withdrawal form available on the website, in which case acknowledgment of receipt in a durable medium will be communicated with immediate effect to the Client by the Seller, or by any other unambiguous declaration, expressing the desire to withdraw by email to the address email@example.com, stating the order reference.
Returns are carried out in their original condition, complete (packaging, accessories, instructions, etc.) and intact, so that they may be resold as new, together with the purchase invoice.
Damaged, dirty or incomplete Products shall not be accepted.
In case of exercise of the right of withdrawal within the aforementioned time, only the price of the Product or Products purchased and delivery costs shall be refunded. Return costs shall be borne by the Client.
Exchanges and refunds
Exchanges (subject to availability) or refunds shall be carried out within fourteen (14) days of receipt, by the Seller, of the Products returned by the Client under the terms set out above.
In case of exchange, the return costs and new shipping costs shall be borne by the Client. The original Product must be returned with a cheque for the current delivery costs. No exchange can be carried out between Products with difference sales prices. If the Product or Products ordered are no longer available at this time, the Seller shall refund the cost of the Products concerned. If the Product or Products are still available but the sales price has changed on the website, the Seller shall apply the sales price in effect at the time of the original order.
In case of refund (excluding shipping costs), this shall be carried out by bank account credit or cheque, at the Seller’s discretion.
Modifications of the Products
In case of purchase of a new tailor-made and customisable saddle, the Client has fourteen days from receipt of the Product to request the modification of the saddle purchased.
Any modification request concerning a new saddle must be requested in advance by email to the address firstname.lastname@example.org, stating the order reference and describing the desired modifications. The modifications must be approved by the Seller within the limit of the material, technical and financial possibilities. The Seller can accept the modifications or not, in this case an exchange or refund shall be considered as described above. The Products must be returned in their original condition, complete (packaging, accessories, instructions, etc.) and intact, so that they may be resold as new, accompanied by the purchase invoice, in their original packaging and in perfect condition within fourteen (14) days of notification to the Seller of the Client’s modification decision.
The Products must be returned, accompanied by their purchase invoice by carrier, to GBS Sellier, 40 Chemin des Dames, ZA La Prêle – 4C 78950 Gambais. Any Product returned after this time cannot be accepted and the Seller shall be exempt from any liability with respect to the Client. Returns are carried out under the responsibility of the Client.
Modifications accepted by the Seller shall be the subject of a Modification Order signed by the Client, detailing the items to be modified and the new delivery dates.
ARTICLE 8 – RESPONSIBILITY OF THE SELLER – GUARANTEE
The Products offered for sale are compliant with the regulations in effect in France and offer performances compatibles with non-professional uses.
The Products supplied by the Seller enjoy, as of right and without additional payment, in accordance with the legal provisions:
– the legal guarantee of compliance, for Products with apparent defects, that are damaged or which do not correspond to the order or immediate purchase,
– the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use,
under the terms and in the manner set out in the box below and defined in the appendices of these General Terms and Conditions of Sale (Guarantee of Compliance / Guarantee Against Hidden Defects).
It should be noted that as part of the legal guarantee of compliance, the Client:
– has a period of two years from the delivery of the item to take action against the Seller;
– can choose between repair or replacement of the Product ordered, subject to the cost conditions set out in article L 217-9 of the French Consumer Code;
– is exempt from having to provide proof of the existence of the non-compliance of the Product during the twenty-four months following the delivery of the Product, except in the case of second-hand items, for which this period is limited to six months (art. 217-7 of the French Consumer Code);
The legal guarantee of compliance applies independently of any commercial guarantee that may cover the Product.
The Client can decide to invoke the guarantee against hidden defects in the Product in accordance with article 1641 of the French Civil Code. In this case, he can choose between termination of the sale or reduction of the sales price in accordance with 1644 of the French Civil Code.
In order to assert his rights, the Client must inform the Seller in writing of the non-compliance of the Products within the aforementioned timeframes and return or take the defective Products back to the store in the condition in which they were received, together with all the items (accessories, packaging, instructions, etc.).
The Seller shall refund, replace or repair the Products or items under guarantee deemed non-compliant or faulty. In case of delivery, the shipping costs shall be refunded on the basis of the price invoiced and the return costs refunded upon submission of receipts.
Refunds for Products deemed non-compliant or faulty shall be carried out as quickly as possible and at the latest within fifteen (15) days of the Seller registering the non-compliance or hidden defect.
The refund will be carried out by credit to the Client’s bank account or by cheque sent to the Client.
The Seller cannot be held liable in the following cases:
– non-compliance with the legislation of the country to which the Products were delivered, it is the responsibility of the Client to verify,
– in case of improper use, professional use, negligence or lack of maintenance on the part of the Client, or in case of normal wear and tear of the Product, accident or force majeure.
The guarantee of the Seller is in any case limited to the replacement or refund of the non-compliant or faulty Products.
ARTICLE 9 – DATA PROTECTION
In accordance with the law 78-17 of 6 January 1978, it should be noted that the personal data requested from the Client is necessary for processing the order and drawing up invoices, in particular.
This data can be communicated to any partners of the Seller responsible for the performance, processing, management and payment of orders.
The processing of information communicated via the website is subject to a declaration to the CNIL (French Data Protection Authority).
The Client has, in accordance with the national and European regulations in effect, a right of access, rectification and erasure of his personal information.
This right can be exercised under the terms and in the manner defined on the website.
ARTICLE 10 – INTELLECTUAL PROPERTY
The content of the website is the property of the Seller and his partners and is protected by the French and international laws relating to intellectual property.
The Seller retains ownership of all intellectual property rights over the photographs, presentations, studies, designs, models, prototypes, etc., produced (even at the request of the Client) with a view to supplying the Products to the Client.
Therefore, the Client is prohibited from making any reproduction or use of said photographs, presentations, studies, designs, models, prototypes, etc., without the express, written, advance authorisation of the Seller, who can make it conditional on financial compensation.
ARTICLE 11 – HARDSHIP
These General Terms and Conditions of Sale expressly exclude the legal regime of hardship provided for in article 1195 of the French Civil Code for all Product Sales transactions from the Seller to the Client. Therefore, the Seller and the Client each renounce the provisions of article 1195 of the French Civil Code and of the regime of hardship set out therein, undertaking to meet their obligations even if the contractual balance has been disrupted by circumstances unforeseeable at the time of sale, and even if their performance proves excessively costly and to assume all the economic and financial consequences thereof.
ARTICLE 12 – FORCE MAJEURE
The Parties cannot be held liable if the non-performance or late performance of any of their obligations, as described in herein, is the result of force majeure, within the meaning of article 1218 of the French Civil Code.
By express agreement, all events and circumstances that are irresistible, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts, constitute force majeure. The following shall be considered as force majeure, in addition to those generally considered so under French case law and by the French courts of law: interruption to transport or supplies, earthquake, fire, storm, flood, lightning, interruption to telecommunications networks or difficulties involving telecommunications networks external to clients.
The Party observing the event must inform the other Party immediately of its inability to perform its service, providing proof therefor. The suspension of obligations may not in any case be a cause of liability for non-performance of the obligation in question, or give rise to the payment of damages or late performance penalties.
The performance of the obligation is suspended throughout the duration of the force majeure, if temporary and does not exceed three (3) months. As a result, as soon as the cause of the suspension of their reciprocal obligations has come to an end, the Parties shall make every effort to return to normal performance of their contractual obligations as quickly as possible. In this respect, the prevented Party shall inform the other Party of the resumption of their obligations by registered letter with acknowledgement of receipt or any other extrajudicial document. If the disruption is definitive or exceeds three (3) months, these General Terms and Conditions of Sale shall be cancelled outright under the terms of the article “Termination for force majeure”.
ARTICLE 13 – TERMINATION OF THE CONTRACT
Termination for breach of obligations by the Client
In case of non-payment on the due date of the Products ordered by the Client under the terms described in article 4 “Payment Terms”, the contract can be cancelled by the Seller.
It is expressly understood that termination for partial breach of obligations will take place as of right fifteen (15) days after sending formal notice to comply, remaining fully or partly unheeded. Formal notice can be sent by registered letter with acknowledgement of receipt or any other extrajudicial document.
This formal notice must mention the intention to apply this clause.
Termination for force majeure
Termination as of right for force majeure can only take place fifteen (15) days after sending formal notice by registered letter with acknowledgement of receipt or any other extrajudicial document.
The services exchanged between the Parties since the conclusion of the contract and up to its termination can only be put to proper use through the full performance thereof. These shall be returned in full.
In any case, the injured Seller can petition the court to award damages.
ARTICLE 14 –APPLICABLE LAW – LANGUAGE
By express agreement between the parties, these General Terms and Conditions of Sale and the resulting translations are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French and English.
In case of translation into one or more foreign languages, only the French text shall prevail in case of dispute.
ARTICLE 15 – DISPUTES
All disputes that may arise from the purchase and sale transactions concluded under these General Terms and Conditions of Sale, concerning their validity, interpretation, performance, termination, consequences and repercussions and which cannot be resolved between the Seller and the Client shall be subject to the French courts.
In case of sale to consumers, all disputes shall fall under the jurisdiction of the courts of the defendant’s place of domicile or, at the defendant’s discretion, those of the actual place of delivery of the Product.
In case of sale to professionals, all disputes shall full under the jurisdiction of the Commercial Court of Versailles.
The Client is informed that he can in any case have recourse to conventional mediation, in particular with the “Commission de la médiation de la consommation” (Consumer Code art. L 612-1) or with the sector-specific mediation authorities in case of dispute.
ARTICLE 16 – PRE-CONTRACTUAL INFORMATION – CLIENT ACCEPTANCE
The Client confirms having received these General Terms and Conditions of Sale and all the information listed in article L.221-5 of the French Consumer Code, in a clear and comprehensible manner, prior to the immediate purchase or upon order placement and conclusion of the contract, in particular the following information:
– main features of the Product;
– price of the Products and related costs (delivery, for example);
– in the absence of immediate performance of the contract, the date or timeframe in which the Seller undertakes to deliver the Product;
– information relating to the Seller’s identity, his address, telephone and email details, and his activities, if not apparent from the context;
– information relating to the legal and contractual guarantees and their means of implementation;
– functionalities of the digital content, where appropriate, and its interoperability;
– option to have recourse to conventional mediation in case of dispute;
– information relating to the right of withdrawal (existence, conditions, deadline, means of exercising this right and standard withdrawal form), Product shipping costs, means of termination and other important contractual terms and conditions;
– accepted payment methods.
The act of a natural person (or legal entity) making an immediate purchase or placing an order for a Product or Website Product on the website implies full adherence and acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognised by the Client, who, in particular, renounces any contradictory document, which would be unenforceable against the Seller.