The Syndicat Linaro is a company, the head office of which is based at Lisieux in France:
SARL with a capital of 150 000 €
Chemin de la Folletière - 14100 LISIEUX
Mob: +33 (0)6 25 46 40 39 - Tel /Fax: +33 (0)2 31 62 27 66
syndicatlinaro@wanadoo.fr www.syndicatlinaro.com
RCS LISIEUX: 510 568 231 00011 - APE Code: 0162Z - TVA N° : FR 15 510 568 231
The principal objectives of the Syndicat Linaro are the purchase, sale, maintenance, rental and management of pony or horse stallions, arranging coverings by these stallions and all general transactions which might be helpful to the use of these stallions. The Syndicat Linaro has the additional objectives of the purchase, sale and use of broodmares of a high genetic level for the production of future stallions.
The business of Syndicat Linaro is agricultural and is of a commercial nature.
Director: Jean-Marc LEFEVRE
Client service number: +33 (0)6 25 46 40 39 (the price of a normal call not surcharged via the SFR network).
Web host: OVH
- General
The present general sale conditions of the company Syndicat Linaro set out the rights and obligations of the parties within the context of the sale of products and services by the Syndicat Linaro to purchasers via the online boutique of the Syndicat Linaro website (hereafter known as ‘the Website’).
The Purchaser declares that they have read, understand and accept unreservedly the rights and obligations set out herein. All orders for services are governed by the present conditions.
- Terminology
All of the services proposed by the Syndicat Linaro via the ‘Boutique’ section of their website shall hereafter be known as ‘the Boutique sales services’.
The Boutique sales services are offered in mainland France and in the French language. Each individual or corporate body, aged 18 years and over and capable, having previously been registered via a ‘Buyers Account’ and wishing to benefit from the sales services of the ‘Syndicat Linaro Boutique’ and who satisfy the present general conditions shall hereafter be known as ‘The Purchaser’, whether French or otherwise, whether they live in France or not. Each purchase or reservation of a product or of a service completed by a Purchaser on the website in the conditions set out in the present General Sales Conditions shall hereafter be known as ‘the order’.
- Aim
The Syndicat Linaro’s main aim is the management of pony stallions but also all other activities that could be beneficial for the use of the aforementioned. It is precisely in response to this objective that the Syndicat Linaro’s online boutique has been created.
The range of products and services offered are visible on the website of the Syndicat Linaro (‘Online Boutique’). The Syndicat Linaro offers products aimed at maintaining, strengthening and developing the brand image and the influence of all the activities of the Syndicat Linaro. The products and services could equally concern the equipment of a pony as that of the rider, as well as any other product or service concerning the image, the production, the broadcasting, publishing or the marketing of products or services intended to enhance the activities of the Syndicat Linaro.
Taking into account the possible evolution of the Online Boutique, the Syndicat Linaro reserve the right to adapt or modify the scope of the Online Boutique. All changes will be published on the website and will only be applicable to sales taking place after the amendment.
Article 1 – Terms for ordering and price
1.1 By clicking on the ‘Buy’ button during the order process, having first checked the contents of the order in one’s ‘Basket’ and amended it if necessary, the Purchaser declares that they unreservedly and fully accept all of the General Sales Conditions.
Having confirmed the contents of their order, the Purchaser will confirm it permanently by paying for it. The order will only be definitive once the appropriate price has been paid.
The Syndicat Linaro will automatically confirm the order of each Purchaser, then its despatch, by email.
1.2. The Purchaser has the option throughout the sale of a product or a service, having ordered, confirmed and paid for their order, to add other products or services to the same purchase, via two methods:
- either by clicking on the link ‘Complete my order’ in the section ‘My account’ under the header ‘My order’,
- or by clicking on the link ‘Add to basket’ on the Website.
This new order will follow the process set down in the aforementioned Article 1.1.
1.3. The price of each product or service of the Online Boutique is expressed in euros. The tax inclusive price of each product or service is indicated in the description of the corresponding product or service. The Syndicat Linaro reserves the right to change the prices at any moment and without giving notice. Any changes regarding the price of the products or services of the Online Boutique will only be valid for orders placed after the said amendment. The shipping costs for the order placed by the Purchaser will be indicated to him before the final validation of the said order. Furthermore, once an order has been confirmed, the price and the fees remain visible in the section ‘My Account’ on the website.
For deliveries and services outside of France, the arrangements set out by the French Tax Code in relation to TVA are applicable.
1.4. The non-respect by the Purchaser of the obligations set out in the present General Sales Conditions, and in particular concerning all incidents of payment for an order, may lead to the suspension of access to services, or even the withdrawal of a Client Account dependent upon the degree of the severity of the behaviour concerned. Furthermore, the company the Syndicat Linaro can decide to seek damages and interest. The Syndicat Linaro also reserves the right to refuse any order from a Purchaser with whom such litigation exists.
Article 2 – Conformity of products or services
2.1. The information provided in each product description is that which has been supplied to the Syndicat Linaro by the suppliers from whom the products or services have been acquired. The photographs of the products or those that refer to services are only given as an indication and do not form part of the contract. If the photograph/s depicted does/do not exactly match the product or the service, the company the Syndicat Linaro will not be held responsible.
2.2. If the product does not meet the expectations of the Purchaser they can return them to the company the Syndicat Linaro by following the procedure described hereafter.
The Purchaser can ask the Syndicat Linaro:
- either to supply an identical product or service to that which was ordered, dependent upon the stock available;
- or to supply a product or service of an equivalent quality and price, dependent upon the stock available;
- or to be reimbursed for the amount of the product or service ordered, within thirty days of the Purchaser’s request.
The costs for the return of the product ordered and delivered to the Purchaser, as well as the potential delivery of another product will be supported by the Syndicat Linaro.
2.3. In any event, these arrangements do not prevent the Purchaser from benefiting from his right to withdraw, such as set out in Article 4 of these General Sale Conditions.
Article 3 – Availability of products and services
In the event of a product or service being completely or partially unavailable after the order has been passed, the Purchaser will be informed by email of the delivery of a partial order or the cancellation of the order.
By applying the clauses of Article L 121-20-3 of the Consumer Code, in the event of a product or service being unavailable the Purchaser will have the right:
- either to be supplied with a product or service of an equivalent quality and price, dependent upon the stock available;
- or to be reimbursed for the amount of the product or service ordered, within thirty days following his request.
The Syndicat Linaro will bear the delivery charges of a new product or service.
Article 4 – Right to withdraw
4.1. Scope
The Purchaser can, within a delay of seven days following the delivery of his order and concerning the products subject to the right of withdrawal, exercise the latter by telephoning +33 (0)6 25 46 40 39 (price of an normal call, not surcharged, via the SFR network)
On the other hand, certain products and services set out in Article L.121-20-2 of the Consumer Code cannot be the subject of a right of withdrawal by the Purchaser. The products or services concerned are set out as such in the descriptions for Purchasers available before the sale is finalised.
This applies in particular:
- to audio, video or software. If the latter have been unwrapped (taken out of their protective wrappers), after delivery, these products cannot be returned to the Syndicat Linaro by the Purchaser, nor can they be subject to a reimbursement to the Purchaser by the Syndicat Linaro;
- to products which, due to their nature, cannot be reshipped or which are likely to deteriorate or to expire rapidly; these products are notably, in the sense of the law, perishable food goods, or liquids;
- supply of newspapers, periodicals or magazines;
- finally, those products made according to the specifications of the Purchaser or clearly personalised.
Likewise, the Purchaser cannot exercise his right of withdrawal on the products and services set out in Article L. 121-20-4 2° of the Consumer Code, namely services in relation to lodging, transport, catering, leisure which must be supplied on a particular date or during a defined period will not be the subject of any reimbursement – the said services in any case being pointed out to the Purchaser before the conclusion of the sale in the description.
4.2. Terms
Before the return of any product or withdrawal from a service, the Purchaser must write expressing his intention via the heading ‘Contact’ on the website of the Syndicat Linaro.
This right can be exercised by the Purchaser returning the article/s to the Syndicat Linaro at the address indicated at article 11.5, or for services, by following the procedure laid out specifically for services which will be indicated on the website. Refunds to the Purchaser will be made by any method of payment within a delay of 30 days starting from the Syndicat Linaro’s receipt of the Purchaser’s request to exercise the right to withdraw, on the condition that the product or the service has been recovered by the Syndicat Linaro.
The return of all the products or services ordered will lead to a refund equal to the total of all sums paid by the Purchaser, that is to say the purchase price of the product or products, service or services purchased and possible delivery charges. The return of an order is recorded as a negative transaction – information available at any time on the website under the heading ‘My Account’ which can only be viewed by the Purchaser concerned.
Article 5 – Terms concerning the return of a product or service by the Purchaser/Return of used electrical or electronic items
Return of a product in the case of failure to conform or exercising the right of withdrawal
In order to benefit fully from the conditions in Article 2 ‘Conformity’ and those in Article 4 ‘Right of Withdrawal’, the Purchaser must return the product or service to the Syndicat Linaro:
- on condition of having obtained agreement via the header ‘Contact’;
- at the following address: Syndicat Linaro, Chemin de la Folletière, 14100, LISIEUX, France;
- protected correctly, in its original packaging, in perfect condition for resale (not spoilt, nor damaged, nor dirty), accompanied by all accessories, guides to usage and documentation;
- accompanied by the invoice for the purchase in order to identify the Purchaser (order number, surname, first name, address);
- on condition that the products are not identified as having an extended use which is out of the timescale necessary for their testing and they are in a condition which allows them to be resold (that is to say that the produce or service has clearly not been subjected to sustained use, beyond several minutes).
Article 6 – Payment
6.1. Obligations of the parties when the order is placed:
In passing an order via the online Boutique the Purchaser undertakes to pay the price of the products or services ordered. In return, the Syndicat Linaro undertakes to send the products or services ordered to the Purchaser.
6.2. Payment by bankcard uniquely via Paypal
Online payment is effected via credit card by furnishing the card number, the credit card validation number – the three numbers situated in the box on the back of the card - as well as the expiry date. The types of cards accepted for payment are: CB, Visa, MasterCard and American Express. Personal and banking information is subject to a secure protection guaranteed by Paypal. The Purchaser’s bank account will be debited within a maximum four days after the date of the ordered and this will be considered as being effective after confirmation of the agreement of the banking centres.
Article 7– Security
The Syndicat Linaro will never have access to confidential information concerning the means of payment. This is why the bank details of the Purchaser are requested with every order.
In effect, only Paypal holds confidential information (bank number and expiry date), which is not accessible to a third party.
Article 8 – Delivery
8.1. Place of delivery
The products or services will be sent to the delivery address indicated by the Purchaser during the placing of order.
Logistical and delivery fees are expressed as tax inclusive. Notice will be given of all deliveries via email.
Once an order is despatched the original invoice including the delivery fees and the TVA is available online on the website under the heading ‘My Account’.
In the event of a partial delivery a consignment note will be available in the parcel recapitulating the products and/or the services that are actually contained in the parcel.
The Syndicat Linaro delivers parcels throughout mainland France, Monaco and Corsica.
The Purchaser must nominate a place for the delivery. In the event of no-one being present at the delivery address indicated by the Purchaser, a delivery notice will usually be left in the letterbox: it is therefore possible to collect the parcel at a Post Office in the ten days following this note being left. If this parcel is delivered by a courier a slip will equally be left in the letter box at the address indicated by the Purchaser when ordering: it is the Purchaser’s responsibility to contact the courier to arrange a new delivery date.
In the event of these deadlines being exceeded the parcel will be returned to the Syndicat Linaro. The Customer Service Department will then make contact with the Purchaser regarding a possible redelivery and will remain available to the Purchaser on request.
8.2. Delivery times
The maximum delivery time is thirty working days with effect from the ordering of the product or service, unless specifically indicated to the Purchaser before passing the order as well as the definitive validation of the order beforehand. In this case, the Syndicat Linaro will point out the estimated delivery times to the Purchaser.
This timescale will be noted in the ‘order summary’ as well as in the section ‘Delivery times’ on the website.
8.3. Late delivery
In such an event the Purchaser can contact the Syndicat Linaro Customer Service Department, whose contact details are shown in the section ‘Contact’ on the website.
The Purchaser has the right to cancel his order if the delivery has not taken place within seven working days of the delivery date indicated by the Syndicat Linaro, except if the delay is due to exceptional circumstances as defined by French law.
In the ten working days following the cancellation by the Purchaser the Syndicat Linaro will refund the Purchaser via their bank.
8.4. Partial delivery
The purchaser will be informed by email of the partial delivery of an order. A second email will give notification of the delivery of the other products and/or services ordered.
8.5. Delivery failure
The Purchaser has the right to cancel his order if the delivery has not taken place within seven working days of the delivery date indicated by the Syndicat Linaro, except if the delay is due to exceptional circumstances as defined by French law.
In the ten working days following the cancellation by the Purchaser the Syndicat Linaro will refund the Purchaser via their bank.
8.6. Completed delivery
Each delivery is said to have been completed once the product or service is available for use by the Purchaser, notably by the courier, brought about by the monitoring system in place by the courier, such as the monitoring system offered on the website of La Poste (the French Postal Service) in relation to their ‘Colissimo’ service.
It is the Purchaser’s responsibility to check deliveries on their arrival and to make any reservations and complaints that appear to be justified, or even to refuse the parcel, if it appears to have been opened or if it shows obvious signs of spoiling. The said reservations and complaints should be addressed to the courier by recorded letter in the three working days following the delivery of the products as well as a copy to the Syndicat Linaro.
8.7. Information about the terms of delivery
Lost parcel
Once the Syndicat Linaro has sent a parcel, it can be tracked either via La Poste (‘Colissimo’), or via a courier. The Purchaser is informed how his order will be transported by email once a parcel has been despatched.
1/ In the event of a despatch via Colissimo, the Purchaser is informed of its despatch by the sending of an email summarising the products or services sent, listing the tracking number (often starting with 8V…) and allowing it to be followed on the internet via the website www.coliposte.fr (in the event of a malfunction of the Coliposte.net website: by minitel on the 3615 COLIPOSTE).
The Purchaser should provide his tracking number, which is given in the email sent to him by the Syndicat Linaro.
You should count five working days for the delivery to arrive, or to receive a delivery slip in the letterbox. After the delivery slip has been left in the letterbox at the address indicated, the Purchaser has around ten days to collect it from the Post Office. After this time has elapsed the parcel will be returned to the Syndicat Linaro. The Customer Service Department will then make contact with the Purchaser in relation to a possible re-delivery.
Nevertheless, if five working days after the parcel has been sent, the Purchaser has no news of his order, he should approach the nearest Post Office to the address shown on the parcel.
If neither the Post Office (La Poste) nor the tracking service (www.coliposte.net) is able to locate the parcel, the Purchaser should make this known to the Syndicat Linaro via the ‘Contact’ section. ‘I have not yet received my order’ on the website.
Syndicat Linaro’s Customer Service Department will then launch an inquiry with the postal service. The Purchaser will subsequently receive an email confirming that an inquiry has been instigated. The timescale for Syndicat Linaro to receive a definitive response from the postal service is generally fourteen working days.
- If the parcel is located it will then be sent to the Purchaser: the procedure for receiving the parcel will then follow its normal course (delivery of the parcel or delivery slip etc)
- If the parcel is declared as lost the Syndicat Linaro will notify the Purchaser and will immediately proceed with the formalities in relation to a refund for the lost parcel (product and delivery costs)
2/ In the case of a despatch via courier, the Purchaser is informed of the delivery via email summarising the products or services being sent (the tracking number is that of the order). You should allow three working days for the delivery to arrive. In the event that no one is present at the delivery address a delivery slip will be left in the letterbox at the address indicated by the Purchaser. The courier’s details will be passed in this way to the Purchaser who should telephone the number shown on the slip to arrange an appointment. If the courier cannot leave a delivery notice (unknown address, door code not transmitted etc) he will notify the Syndicat Linaro that the Purchaser has not provided elements of the address. Without a reply from the Purchaser the parcel will be returned to the Syndicat Linaro and remains available for the Purchaser.
Article 9 - Guarantees
9.1. Legal Guarantee (articles 1641 and following the civil code)
At the Purchaser’s request the Syndicat Linaro undertakes either to refund the price of the product or service or to exchange the product or the service for an identical product or service as far as available stock allows, or to exchange a product or service for a product or service of an equivalent price as far as available stock allows in the event of delivery of a wrong product (article 6 previously) and in the case of a product or service with a latent defect.
For all requests of this nature the Purchaser should contact the Syndicat Linaro via email (under the heading ‘Contact’). These arrangements do not debar the right of withdrawal defined in Article 4 above.
9.2. Contractual Guarantee
Certain products or services can give rise to a contractual guarantee and this will be shown on the product sale file on the Syndicat Linaro website. These guarantees are clearly marked on the descriptive file and each Purchaser cannot ask for a more extensive guarantee that that which is described.
The contractual guarantee granted by the Syndicat Linaro will be that which is usually granted by the supplier to his Purchasers.
In the event of a problem with a product or service the Purchaser must keep the purchase invoice transmitted by the Syndicat Linaro and send it to the Syndicat Linaro via email (under the heading ‘Contact’).
9.3. Exclusion of guarantees
Products or services that have been modified, repaired, inserted or added by the Purchaser or any other person not authorised to do so by the supplier are excluded from the guarantee. The guarantee does not cover obvious defects. The guarantee does not cover products or services damaged during transport or through inappropriate use.
Article L211-4 of the Consumer Code
The Seller must deliver an item conforming to the contract and conforming to standards at the time of the delivery. It is equally applicable to conformity defects resulting from the packaging, the assembly instructions or for the installation when the contract deems they are responsible for it or when it has been carried out under its supervision.
Nota - Ordonnance 2005-136 2005-02-17 art. 5: The provisions of this order apply to contracts completed subsequent to its coming into effect.
Article L211-5 of the Consumer Code
In order to conform to the contract the items should:
1° - Be suitable for the normal use expected of a similar item and, if applicable:
• match the description given by the seller and possess the qualities presented to the purchaser in the form of example or model.
• and present the qualities that a purchaser could legitimately expect with regard to public declarations made by the seller, by the producer or by his representative, notably in advertising or labelling.
2° - Or present defined characteristics commonly agreed by the parties to be suitable for all uses specifically sought after by the purchaser, brought to the attention of the seller and which the latter has accepted.
Nota - Ordonnance 2005-136 2005-02-17 art. 5: The provisions of this order apply to contracts completed subsequent to its coming into effect.
Article L211-12 of the Consumer Code
The action resulting from a conformity defect is stipulated for two years with effect from the delivery of the item.
Article 1641 of the Civil Code
The seller is obliged to guarantee hidden defects for the item sold which render it unsuitable for the use for which it was destined, or which so diminish this usage that the purchaser would not have purchased it, or would only have done so at a lesser price, if he had been aware.
Article 1648 first paragraph of the Civil Code
The action resulting from unacceptable vices must be filed by the purchaser within two years of the vice being discovered.
Article 10 – Modification of general sale conditions:
The Syndicat Linaro reserves the right to amend the present General Sale Conditions.
All new versions will be clearly marked on the first page of the ‘General’ section.
Purchasers who do not wish the contractual relations to be governed by the new version of the General Sale Conditions applicable to all new orders should notify the Syndicat Linaro and, with effect from the date that new version takes effect, should cease to use the sales services of the Syndicat Linaro.
Article 11 – Personal information
User name and password: the Purchaser chooses a user name as well as a password, which allows him to connect to his personal account. This information is personal and confidential and the Purchaser is responsible for their use. All transactions carried out via the user name and password of the Purchaser are deemed to have been carried out by the Purchaser himself.
11.1. The Syndicat Linaro undertakes to respect the confidentiality of the personal information communicated to them by the Purchasers on the website and to treat them with respect in accordance with the ‘loi Informatique et Libertés’ of 6 January 1978, a French law pertaining to data protection and freedom.
11.2. The Syndicat Linaro advises Purchasers that this information will be used by their internal services for the processing of the Purchaser’s orders to reinforce and personalise communications, notably letters/emails as well as the personalisation of the website in relation to the Purchaser’s preferences.
The Syndicat Linaro may equally provide statistics in relation to their purchasers, sales, trading structure and information relating to the website to third party partners in whom they trust, but these statistics will not contain any personal data.
11.3. The Syndicat Linaro advises Purchasers that they nevertheless pass on this data to ensure the delivery of orders by their providers, certain aspect of after sales service and to carry out customer satisfaction surveys. Furthermore, the Syndicat Linaro may also pass on this data to respond to a summons by legal authorities.
11.4. Following the creation or the consultation of an account the Purchaser can choose to receive offers sent directly from commercial partners of the Syndicat Linaro or their subsidiaries.
11.5. Furthermore, in accordance with the ‘loi Informatique et Libertés’ of 6 January 1978, a French law pertaining to data protection and freedom, the Purchaser can exercise his right to access his files, his right of opposition and his right to modify or delete the information about him by addressing his request (indicating his email address, surname, christian name and postal address to: Chemin de la Folletière - 14100 LISIEUX.
Article 12. Miscellaneous
12.1 In the event that any one of the terms in the General Sales Conditions is considered to be illegal or unenforceable by a legal decision, the other clauses remain in force.
12.2 In applying articles 1316 and following the Civil Code and, if necessary, article L.110-3 of the Commerce Code, the information given on the website shall apply between the parties. Elements such as the moment of reception or of sending, as well as the quality of information received shall have priority such as the information systems of the Syndicat Linaro, or those certified by the computerised procedures of the Syndicat Linaro unless otherwise proved to the contrary in writing by the Purchaser. The onus of proof of the information delivered by the computer systems of the Syndicat Linaro is that which is accorded to an original in the sense of a written paper document, signed as if handwritten.
Article 13. Rights and Litigation
The present General Covering Conditions in the French language will be executed and interpreted in accordance with French law.
In the event of a dispute the Purchaser should first refer to Syndicat Linaro to try to obtain a friendly solution.
Failing this the French courts at Lisieux will be deemed competent, subject to common law arrangements on the one hand and communal arrangements in the case of litigation between parties established in different states on the other hand (EC regulation number 44/2001 of the 22 December 2000 Committee concerning the judicial competence, the recognition and the implementation of decisions in relation to civil and commercial matters).