GENERAL TERMS & CONDITIONS OF SALES
Presentation of the e-commerce website and the company
The e-commerce website www.gem-equitation.com is accessible electronically on the internet server and it open to all users of the net. It is edited by the company GEM SARL who has a capital of 10 000 euros and resides in its headquarters at 75 rue de Bermerie 59310 Beuvry-la-forêt (France) under the Siret number 797 681 707 00015.
FIRST ARTICLE – Applied to
All Sales General Terms and Conditions are applied on all sales transactions between GEM SARL and a direct consumer or commercial buyer who will purchase their items on our website: www.gem-equitation.com
- saddle pad, current collection or customised
- Ear net for horses, current collection or customised
- Rider’s hat
- Passport wallets for horse’s passport
These conditions apply to the exclusion of all other conditions, and in particular those applicable to in-store sales or other distribution and marketing channels.
These General Conditions of Sale are available on this website at any time and will prevail, if necessary, over any other version or any other contradictory document.
Unless proven otherwise, the data recorded by GEM SARL constitutes proof of all transactions.
Changes to these General Terms and Conditions of Sale are binding on users of the website as of their posting and cannot be applied to transactions concluded previously.
Confirmation of the order by the buyer constitutes unreserved acceptance of these General Terms and Conditions of Sale.
ARTICLE 2 - Orders
You declare that you are at least 18 years old and have the legal capacity or hold parental authorisation to place an order on the website.
It is up to the customer to select on the site the products he wishes to order, according to the following methods:
- Select the product
- Add it to your basket
- Validate your order
- Select of paying method
- Confirm your order
If the order is confirmed.
The order has to be confirmed by the buyer with an electronic mail.
The sale will only be considered final after the seller has been sent a confirmation email and received the full payement from the customer.
The customer's account is debited at the time of shipment. The shipment of the ordered products depends on the reception of the total payment. If it is impossible to collect the total payment, in particular due to incorrect, invalid or false information, the products will not be sent and the order will be canceled.
The customer will be informed by email and invited to renew his/her order.
Validation of your order :
GEM SARL is allowed to refuse all orders :
- that do not follow the general sales terms and regulations and the client will be informed within 5 days by email.
- That is made by a customer with whom a dispute is pending regarding a previous order.
ARTICLE 3 - Prices
The products are supplied at the rates chosen by the seller mentioned on the GEM website on the day the order is placed. The prices are written in euros, with tax and without tax.
These prices are non revisable during a given period as indicated on the GEM website.
They do not include processing, shipping rates, import taxes and delivery costs, which can additionally be billed for countries other than mainland France.
In case of quoted order :
The buyer’s order will have quoted order which will be accepted in advance. The quoted orders are valid for 90 days from their date of establishment.
The quoted order is only considered accepted after payment of a deposit of 50% of the amount of the order.
An invoice is issued by the Seller and given to the Buyer upon delivery of the products ordered.
ARTICLE 4 - Payment Conditions
The payment must be done in full on the day the order is placed by the customer, by secure payment :
- Debit or Credit Card
The Seller will not be required to deliver the products ordered by the Buyer if the buyers does not make full payment under the conditions indicated above.
All card transactions are debited when the order is shipped.
If the payment is made by bank check, the check will be dropped at collection point upon its reception.
Payments made by the Buyer will only be considered final only after the reception of the entire payment.
ARTICLE 5 - Delivery
The products acquired by the customer will be delivered in France (and in the following countries: *Guadeloupe, French Guiana, Martinique, Mayotte, Réunion, Germany, Denmark, Spain, Belgium, Finland, Great Britain, Ireland, Italy, Netherlands, Portugal, Sweden, Luxembourg, Switzerland.
GEM offers free delivery in France.
The GEM products are send via Colissimo or Lettre Max.
To track your package, you can visit the La Poste website thanks to the tracking number that is emailed to you when the package is expedited.
Your order is directly sent to your door step or mailbox.
For all orders sent out of France we ask a 7,5 euros shipping fee.
*Guadeloupe, French Guiana, Martinique, Mayotte, Réunion, Germany, Denmark, Spain, Belgium, Finland, Great Britain, Ireland, Italy, Netherlands, Portugal, Sweden, Luxembourg, Switzerland.
All orders of the “recurrent collection” made on the website gem-equitation.com will be received 7 working days after the order was confirmed and payment is received in full.
All orders of the customised collection will be expedited with a 6 to 8 week working days delay after the order is confirmed and payement is received in full.
GEM undertakes to make the best efforts to deliver the products ordered by the customer within the deadlines specified above. However, these deadlines are provided as information only but these delays can be disrupted which might cause further delay. However, if the products ordered have not been delivered within 2 weeks after the indicative delivery date, for any reason other than force majeure, the sale may be canceled at the written request of the customer or the Seller. The payment will be returned to the customer without delay, to the exclusion of any compensation or withholding.
Delivery is deemed to have been made upon delivery of the products ordered by the Seller to the carrier once he has handed over the goods sold to the carrier who has accepted them without further reservation.
The Buyer therefore acknowledges that it is the carrier who is responsible for making the delivery and has no warranty against the shipper in the event of failure to the delivery of the goods transported.
The Buyer is required to check the condition of the products delivered. He has a period of 10 days from delivery to return his products with any reservations or complaints for non-conformity or apparent defect of the apparent defects. products delivered( to be sent with all the relevant supporting documents). If there is no complaints or return within these 10 days, we acknowledge that all products are received in good quality and without any apparent defect.
If there are apparent defects or lack of conformity proven by the buyer, the seller will replace as soon as possible and at its expense.
ARTICLE 6 - Transfer the ownership / Transfer the risks
There will be a transfer of ownership and risks upon acceptance of the order.
The transfer of ownership of the Seller's products and the corresponding transfer of the risks of loss and deterioration relating to the products will be carried out upon acceptance of the order by the buyer which will materialise the agreement of the parties on the item and on the price and this regardless of the date of payment and delivery. The products therefore travel at the risk of the Purchaser who may, in the event of damage, make any complaint to the carrier under the legal and regulatory conditions in force.
ARTICLE 7 - Right to Retract
According to the article L121-20 of the Consumer Code For fixed ranges and only for these ranges; the Buyer has a withdrawal period of 7 he delivery of the products to return them to the seller for an exchange or refund provided that the products are returned in their original packaging and in perfect condition.
All articles damages or used will not be accepted to be returned.
Return shipping cost are at the discretion of the buyer. Your return package must be sent with the return form available on the website. (Click here to get your return form).
All exchanges or refund will be done within 15 days upon reception of your package to our headquarters.
According to the article L121-20-2, for the customised GEM collection or product that was created by the client on our website cannot be returned for refund or exchange.
ARTICLE 8 - Computerised information & Liberties
With the law 78-17 of 6 janvier 1978, it is recalled that the personal data requested from the buyer are necessary for processing their order and in particular for preparing invoices.
The processing of information communicated through www.gem-equitation.com will be declared to the CNIL.
With National and European regulations in force, the buyer has a right of permanent access, modification, rectification and opposition in regard to their personal information.
ARTICLE 9 - Intellectual Property
The content of the website is the property of GEM SARL and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited.
ARTICLE 10 - Applicable Law & Language
This contract is governed and subject to French laws and is an express agreement between the parties. It is written in French and English. In the event that it is translated into other languages, only the French text will prevail in the event of a dispute.
ARTICLE 11 - Pre-contractual information - Customer acceptance
The customer acknowledges having had communication prior to the conclusion of the contract, in a clear and understandable manner, of these General Conditions of Sale and of all the information and rules referring to the Article L121-19 of the Consumer Code.