a French “Société par Actions Simplifiée” (simplified joint-stock company), with a share capital of 515, 665.75 euros,
whose headquarters are located at Chemin Fontaine de Fanny, Bellevue, Nontron, (24 300), France, registered in the Périgueux Trade and Companies Register under number 420 738 577,
Tel.no.: +33(0) 5 53 60 72 70
Fax no.: +33(0) 5 53 60 72 79
Publication Director: Laurent Duray
Hereinafter referred to as the “Company.”
Host: Online SAS - BP 438 75366 PARIS CEDEX 08, FRANCE - registered in the Paris Trade and Companies Register under number B 433 115 904.
These Terms and Conditions apply to the sales of all the goods bearing the Company's trademark, made remotely via the Company's website identified by the domain name: "www.attractivesaddle.com" (hereinafter referred to as " Website"):
- by taking an order from customers who are natural persons acting as consumers (as defined by the first article of the French Consumer Code) and who have their usual place of residence as defined in Article 10 of
these Terms and Conditions,
- in order to make a delivery to the same customers who are natural persons, on their own behalf or to any third party of their choice who also have their usual place of residence in the same territories as consumers (as defined by the first article of the French Consumer Code).
Any sale of goods bearing the Company's trademarks made through the Customer Relations Department and/or on the Website is subject to these Terms and Conditions, which the customer accepts. These Terms and Conditions may be modified and updated; the terms and conditions which apply to an article ordered by a customer are those in effect on the day of the order.
The information (name, definition, description: size, characteristics and composition, etc.) relating to all the goods bearing the Company's trademarks offered for remote sales are available, in accordance with the applicable legal and regulatory requirements, from all the sales representatives or at the www.attractivesaddle.com Website.
To place an order on the Website, the customer must be of legal age, have his or her usual place of residence as defined in Article 10 of these Terms and Conditions, have the legal capacity to do so and be the holder of a bank card as defined in Article 9 below. Orders will be received in French. If the items ordered are no longer available, the Company will inform the customer by any means (telephone call or e-mail) as soon as possible and will refund the amount invoiced by crediting the customer's bank account. -The customer undertakes to ensure that all information communicated to the Company on the Website within the scope of the order complies with these Terms and Conditions and is complete, accurate and up-to-date. If this is not the case, the Company reserves the right to cancel the order and the payment. The Company shall be entitled to refuse any order:
(i) made by a customer with whom there is a dispute concerning the payment of a previous order; or (ii) which does not comply with these Terms and Conditions. If the Company finds that the order does not comply with these Terms and Conditions (e.g., incorrect delivery address), it will inform the customer by telephone or e-mail within a maximum of six (6) days. If the customer fails to amend the incorrect elements or elements contrary to these Terms and Conditions mentioned in the order, the Company reserves the right to cancel the order and the payment unconditionally.
Ordering on the Website is subject to strictly complying with the procedures described below, which are also expressed in a succession of different screens on which the successive phases are indicated, with which the customer must comply to validate the order.
A-STEP ONE: SELECTION OF GOODS BY THE CUSTOMER
The customer selects, enters and validates the description and quantity of the items he/she wishes to order on the Website; the said items are added to his/her "Basket".
B-STEP TWO: CHECKING THE SELECTED ITEMS
The customer can freely modify his/her "Basket" of selected items online, delete an item initially selected, modify the quantities ordered or add an item by clicking on the corresponding elements available in the "Basket". The price of the items, as defined in Article 7 below, is automatically displayed in the "Basket".
C- STEP THREE: CONFIRMATION OF ITEMS SELECTED AND VALIDATION OF THE ORDER
Once the customer has completed his/her selection and wishes to validate the contents of his/her "Basket", he/she must then identify himself/herself: if he/she has a customer account with the Company, by his/her e-mail address (username) and his/her password; if he/she does not have a customer account with the Company, he/she must create one. The customer must also validate: the delivery address of the order, the amount of the shipping charges of the order specified - and finally the chosen method of payment. Once all this information has been entered and validated, the price of the goods, as defined in Article 7 below, as well as the shipping charges are automatically displayed. After communicating his/her bank card number, in compliance with the conditions of Article 8 below, the customer then clicks on the "BUY" button so that his/her bank account will be debited. The authorisation to debit his/her bank account issued by the customer's bank is displayed. It is recommended that the customer saves and/or prints a paper version of the debit authorisation. Once the debit of the customer's bank account has been authorised by the customer's bank, the customer's "Basket" is sent directly to the Company's order preparation department, and the customer's order number is then displayed. The customer is committed to the order as soon as the Company receives the duly completed "Basket". The order is validated once the order registration page has been displayed.
D- STEP FOUR ACKNOWLEDGEMENT OF RECEIPT OF THE ORDER BY THE COMPANY
The Company acknowledges receipt of the order in the form of an e-mail sent to the e-mail address provided by the customer. In accordance with the provisions of Article 1369-2 of the French Civil Code, the customer formally accepts the use of electronic mail by the Company to confirm the content of his/her order. This confirmation e-mail includes all the information communicated by the customer with details, if necessary, of any difficulties or reservations concerning by the order.
In general, it is expressly agreed that the Company and the customer will consider e-mails as proof between the parties, as well as the automatic recording systems used on the Website, in particular concerning the nature and date of the order. Moreover, for any order over 120 euros, the Company stores the information relating to any order for a period of 10 years, which may be obtained by the customer by sending a request to LIM France, Chemin Fontaine de Fanny, 24 300 Nontron, France. It is however recommended, for the orders placed on the Website, that the customer also keeps a copy (electronic and/or paper format) of the elements relating to his/her order (for example, the e-mail addressed by the Company in accordance with Article 5-D above).
The prices displayed on the Website are indicated in euros and are inclusive of all taxes, excluding delivery charges. The prices invoiced are those in effect on the date of the order. The amount of the delivery charges will be automatically displayed on the Website when the order is validated and will be communicated to the customer again when the order is confirmed by e-mail. In accordance with the provisions of article L.121-19 of the French Consumer Code, the customer will receive written confirmation of the price paid and the delivery charges for each item upon delivery.
The customer can pay for his/her purchases with all French “CB" cards, Visa, Eurocard, Mastercard, American Express. Cards issued by banks domiciled outside France must be international bank cards.
In this context, the customer undertakes to pay with a bank card of which he/she is the personal holder and which bears his/her identity (last name and first name). The online shop does not store any credit card numbers. By communicating his/her bank card number and/or bank details, the customer unconditionally accepts beforehand that the Company may proceed with the secure transaction. The customer therefore authorises his/her bank in advance to debit his/her account based on the records or statements sent by the Company, even when there are no invoices signed by the cardholder. Authorisation to debit the customer's account is always given for the amount of the item(s) purchased as invoiced by the Company. The customer's bank card is debited within a maximum of six (6) days. In the event that, for any reason whatsoever (card blocked, refusal of the issuing centre, etc.), the debit of the sums due by the customer is impossible, the order will not be placed by the Company.
The company retains the ownership of the delivered goods until it has received full payment and any interest due. Payment shall be deemed to have been made when the amount due is received. In the event of non-payment in full or in part, the company may, without prior notice, claim the good(s) that it has delivered to the customer.
The goods may only be delivered: - either at the customer's usual place of residence; - or at the delivery address indicated by the customer at the time of ordering, on the condition that the said address must correspond to the usual place of residence of a third party chosen by the customer or, failing that, to the address of the company within which he/she carries out his/her professional activity, provided that this is located in the countries defined in the Zone and Delivery Charges paragraph of this article - on the understanding that the goods may not, in any event, be delivered either in hotels or at post office boxes. In this respect, the customer undertakes to have communicated, at the time of validation of his order, the exact address of his usual residence. The delivery of the goods will take place, after the payment of the amount of the order has been registered, at the delivery address indicated by the customer. In accordance with the provisions of Article L.138-1 of the French Consumer Code, the delivery of the ordered items will take place either within 30 days of the date of the order at the latest; or, within the timeframe of which the customer will be notified beforehand, in the event of temporary unavailability of the said item and accepted by him/her: when an item is added to his/her "Basket" as well as before accepting the order. The Company will deliver the ordered items from Monday to Friday between 9am and 12 noon, except on public holidays. The orders will be delivered to the customer’s home address using signature tracking.
The customer is forbidden from publishing or copying the Website, in full or in part, in any form whatsoever. The Company's goods, as well as all illustrations, images, designs and logos appearing on the Company's goods sold remotely, their accessories or their packaging, whether registered or not, are and shall remain the exclusive property of the Company.
Any total or partial reproduction, downloading, modification or use of these trademarks, illustrations, images and logos, drawings and models, is strictly prohibited, without the Company's written consent beforehand. The same applies to any combination or integration with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. Similarly, the following are strictly prohibited without the Company's written consent beforehand:
- the creation of hypertext links to any of the pages or any of the elements making up the Website;
- any use that does not comply with the present licence to use the Site and in particular the use of any of the elements that make up the latter (goods presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for sales purposes or any other direct or indirect commercial use.
In accordance with the legal provisions, the customer is entitled to a fourteen (14) day cooling-off period, from the receipt of the goods, without having to justify his/her reasons. In this context, the customer may return the goods delivered within this period, in their original packaging, in perfect condition, complete and with a copy of the invoice. It is the customer's responsibility to keep the proof that the goods have been returned, which implies that the goods are returned by registered mail, or by any other means establishing the specific date of its return. In any event, the return shipping charges are at the customer's expense. The refund of the invoiced price of the returned goods as well as the delivery costs will be credited to the customer's bank account at the latest within fourteen days following the cancellation request; this period may be extended until the Company has received the returned goods or proof of the return of the goods. The customer is responsible for goods that are returned incomplete, spoiled, damaged, deteriorated or soiled. They will not be refunded in full and will not, in any event, give rise to a credit note for a sum equivalent to the initial order. To cancel his /her order, the customer must fill in the form provided and return it by e-mail to email@example.com or by post to the address: LIM France, Chemin Fontaine de Fanny 24 300 Nontron, France. The goods must be returned to the following address: LIM France, Chemin Fontaine de Fanny 24 300 Nontron, France. Items purchased online cannot be returned or refunded by a salesperson or retailer.
Special offer concerning pre-owned saddles:
For pre-owned saddles purchased on the website, a 30-day trial offer is available. If the customer decides not to keep the saddle after the 30 days, he/she must inform the Company by e-mail at firstname.lastname@example.org. The Company will provide the customer with a pre-paid label to return the saddle. The customer shall return the saddle in its original, clean condition and in its cover without delay (and under no circumstances later than 14 days after informing the Company that he/she is not keeping the saddle) together with the new cleaning kit. The Company will refund the customer for his/her purchase as soon as possible. The Company reserves the right not to refund the full amount of the saddle if its condition is not in conformity with its original condition or if the cleaning kit returned has been used (the price of the kit featured on the website will not be refunded).
The customer must ensure that the goods delivered to him/her correspond to his/her order. In the event that the goods delivered do not comply with the order, the customer must inform the Company as soon as possible either by e-mail sent to email@example.com, justifying the non-compliance of the ordered item and, after agreement from the Company, return the goods in question in their original packaging, in perfect condition, complete and with a copy of the invoice. The returned item must be sent by registered mail, or by any other means establishing the specific date of its return. If the non-compliance of the item discovered by the customer is proven, the costs incurred to return the item will be at the Company’s expense. If it is not possible to exchange the returned item and if the customer does not wish to have a credit note from the Company, the refund of the amount invoiced for the non-compliant goods returned will be credited to the customer's bank account at the latest within thirty days following receipt of the returned items by the Company. The refund of the costs incurred in returning and transporting the non-compliant goods will be credited to the customer's bank account after the customer has sent proof of the said costs.
Aside from this contractual guarantee, the Company is bound by the legal safeguards mentioned below
a - Legal guarantee of conformity
According to the conditions provided for in Articles L. 211-4 et seq. of the French Civil Code, the goods sold to the customer by the Company benefit from a legal guarantee of conformity.
The customer can invoke the legal guarantee of conformity by sending a letter to this effect to the Company at the following address: LIM France, Chemin Fontaine de Fanny, 24 300 Nontron, France.
When he/she invokes the legal guarantee of conformity, the customer is specifically informed that he/she:
(i) has a period of two (2) years as from the delivery of the ordered goods to take action;
(ii) may choose between having the ordered item repaired or replaced, subject to the cost conditions provided for in Article L. 211-9 of the French Consumer Code;
(iii) is exempt from proving the existence of the lack of conformity of the item ordered during the six (6) months following its delivery. This period is extended to twenty-four (24) months as of 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies irrespectively of the contractual guarantee referred to in point 1 of Article 13.
Without prejudice to the contractual guarantee referred to in point 1 of Article 13 and the legal guarantee of conformity, the Customer may decide to implement the guarantee against hidden defects of the item sold as defined by Article 1641 of the French Civil Code. If necessary, he/she may choose between a rescission of the sale or a reduction in the sale price of the item, in accordance with Article 1644 of the French Civil Code.
In accordance with Article L. 211-15 of the French Consumer Code, the stipulations of Articles L. 211-4, L. 211-5 and L. 211-12 of the said Code are reproduced in full below:
Article L. 211-4 of the French Consumer Code:
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He/she shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation of the goods, when it was covered in the contract or was carried out under his/her responsibility.”
Article L. 211-5 of the French Consumer Code:
"To be in conformity with the contract, the goods must:
1. 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, given the public statements made by the seller, the producer or his representative, in particular in advertising or on labelling;
2. Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.”
Article L. 211-12 of the French Consumer Code:
"Actions resulting from the lack of conformity expire after two years from the delivery of the goods.”
b- Legal guarantee against hidden defects
According to the conditions defined in Articles L. 1641 et seq. of the French Civil Code, the goods sold to the customer by the Company benefit from a legal guarantee against hidden defects.
In accordance with Article L. 211-15 of the French Consumer Code, the stipulations to Article 1641 and the first paragraph of Article 1648 of the French Civil Code are reproduced in full below:
Article 1641 of the French Civil Code:
“The seller is bound by the guarantee against hidden defects of the item sold, which make it unfit for the use for which it was intended, or which diminish this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he/ she known about them.”
The first paragraph of Article 1648 of the French Civil Code:
"Actions resulting from latent defects must be initiated by the purchaser within two years of the discovery of the defect.”
The Company's fulfilment of all or part of its obligations shall be suspended in the event of force majeure as defined by French case law, which would delay its fulfilment. The Company shall inform the customer of such a case of force majeure within seven days of it occurring. In the event that the suspension of the Company's obligations continues beyond a period of fifteen days, the customer will then have the possibility of cancelling the order in progress, and the Company will then refund the customer as soon as possible by crediting his/her bank account.
The fact that the Company refrains from demanding the fulfilment of any of the provisions of these terms and conditions at a given time cannot be interpreted as a waiver to invoke the said total or partial non-fulfilment of the contract subsequently.
If any of the provisions of these terms and conditions are declared invalid in full or in part, the other provisions and the other rights and obligations arising from these terms and conditions shall not change and will remain applicable.
These terms and conditions are fulfilled and interpreted in accordance with French law. In the event of any difficulty arising regarding the order or delivery of the Company's goods, the customer shall have the possibility, before taking any legal action, of seeking an amicable solution, in particular with the help of a consumer association or any other advisor of his /her choice.
The customer may also use consumer dispute mediation or to any other dispute settlement method.
The customer may also use the consumer ombudsman to which the Company belongs. The proposed consumer mediator is MCP Médiation. This mediation service can be contacted:
- By post: MCP Médiation 12 square Desnouettes 75015 PARIS, France.
- By email: http://mcpmediation.org
Finally, Article R.616-2 of the French Consumer Code states that “the Commission de l'évaluation et du contrôle de la médiation de la consummation Website includes all useful information for consumers in the event of cross-border consumer disputes. In particular, it provides the contact details of the French European Consumer Centre and information on the assistance available to consumers for the out-of-court settlement of such disputes.”
The information concerning your order is electronically processed by the intended Company (i) to facilitate the processing of your order and (ii) to create a customer file.
ATTRACTIVE SADDLE attaches particular importance to the treatment, confidentiality and security of your Personal Data. We are committed to providing you with effective personalised services while respecting your privacy and personal choices.
Here you will find: https://eu.attractivesaddle.com/img/cms/Datas/donnees-personnelles-2021.pdf the Privacy and Data Protection Charter, which allows ATTRACTIVE SADDLE to communicate its policy and practices to you, regarding the collection, use and disclosure of information about you, in a clear, simple and precise manner, in accordance with applicable data protection laws, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
The Website may include links to other websites or other sources on the Internet. Since Attractive Saddle cannot control these external websites and sources, Attractive Saddle cannot be held responsible for enabling users to access these external sites and sources, and cannot be held responsible for the content, advertising, products, services or any other material available on or from these external websites or sources.
Furthermore, Attractive Saddle shall not be liable for any damages or losses caused or alleged to be caused, arising out of or in connection with the access to, use of or having trusted any such content, goods or services available on such websites or external sources.