General Terms and Conditions 10/03/2014
Equi-Clic, a company that wants the best for your horse!
Therefore, we wish to draw your attention to the drugstore items, which are sold freely without veterinary prescription, but are no less harmless (it is important to check the composition and follow the dosage). Do not let doubt hurt your horse, veterinary advice is sometimes indispensable.
The Terms and Conditions detailed below (hereinafter referred to as the “Terms”) govern exclusively the contractual relationship between any Customer (meaning a person having identified themselves and having ordered a product for sale via the www.equi-clic.com website) and Equi-Clic (limited liability sole proprietorship, with head office at 1 impasse des Photinias, 44300 Nantes and registered in the Commercial Register of Nantes under number 800 633 323; intra-community VAT number FR46800633323) editing the website: http://www.equi-clic.com (hereinafter “the Site”).
These Terms are the only ones applicable between the Customer and Equi-Clic.
The Customer or non-professional is, as such, entitled to specific rights as laid out in the Consumer Code. The Customer acknowledges that these rights shall be called into question if the products as defined below are acquired via the Site in a professional capacity.
The Customer declares to be at least 18 years of age and to have the legal capacity or hold parental authorization to place an order on the Site.
We inform you that certain provisions of these Terms may be amended. Also, it is necessary that these Terms be reread before each order on the Site. These changes are effective as they are posted online but cannot be applied retroactively. Each order on the Site is governed by the Terms applicable to the date of such order. We believe that by confirming your order, you unreservedly accept our Terms after reading them.
The present Terms are intended to determine the conditions under which any act is performed of purchasing a product or products presented on the Site and defined in section 2 below.
Users not resident in France wishing to order via the Site should verify if the law applicable to them allows them to carry out such transactions. The existence of the Site may not be characterized as an act of solicitation.
In general, the Customer and Equi-Clic expressly accept the possibility of exchanging information via email.
The Equi-Clic catalogue, available at www.equi-clic.com, lists all the products available for sale.
These items are offered for sale within the limits of available stocks.
The perfect representation of the products on the Website cannot be guaranteed, due to differences in colour rendering by browsers, the screen resolution, or the change in packaging/facing of certain products. Equi-Click cannot be held responsible for minor inaccuracies of photographs on the Site, provided they are not misleading (Article L.121-1 and 121-6 of the Consumer Code).
Particular care is taken to update product info. However, such information is provided on an indicative basis only and therefore cannot constitute a contractual commitment, since the manufacturer can make partial changes at any time without informing Equi-Clic, as long as such differences are not of a misleading nature. These differences may in no case be construed as non-compliance and cannot void the sale.
You can place your order using any one of three ways:
• Online on our Site, 24/7.
• By phone at 0033 9 70 40 61 21 Monday through Friday from 9 to 4 PM.
• By email to firstname.lastname@example.org.
3.1 Customer Identification
The Customer must first ensure that they identify themselves on the Site by entering their personal info. Once identified, the Customer can reconnect with their email address and a password that they will have chosen. The password is strictly personal and should be kept confidential.
The Customer acknowledges that any successive login with their email address and password will identify them.
3.2 Processing of the Order Placed Through the Site
Any Customer who wants to purchase an item on the equi-clic.com website must follow the following purchasing process, once the selection of items in the cart is complete:
• Click on CART in the upper right section of the page and click on “order”;
• Validate the cart by checking the size and quantity selected for each product;
• Create an account on the site owned by Equi-Clic by filling the identification form which must include all the data requested or provide their email address and password if they already have an account;
• Check the order, the delivery and billing addresses and validate;
• Make payment as provided;
• Confirm the order and authorize payment.
The order confirmation implies the purchaser’s unreserved acceptance of these Terms, recognition of complete comprehension and disclaimer with regard to their own conditions of purchase or any other conditions.
All data provided and the recorded confirmation shall constitute proof of the transaction. The confirmation shall constitute a valid signature and acceptance of performed transactions.
Equi-Clic communicates confirmation of an order by email. It is strongly recommended to keep this email as acknowledgment, with particular regards to the order number specified. This email will be required if the Customer requests to exchange the product.
In case of breach of these Terms by the Customer, Equi-Clic reserves the right to cancel any or all outstanding orders or suspend deliveries of goods.
3.3 Order Fulfilment – Unavailability of Products
Equi-Clic is committed to make every effort to fulfil its orders, but may only physically do so according to the limits of available stocks at referenced suppliers.
In case a product is unavailable, the Customer shall be notified by email as soon as possible. Two options will be proposed: An exchange with an item of equivalent quality and price or a refund of the amount corresponding to the unavailable product within a maximum period of 15 days after the payment.
4. PRICE OF ITEMS
The sales prices shown on the Site are in Euros and include taxes but exclude delivery charges.
Equi-Clic reserves the right to change prices at any time but is committed to applying the rates shown on the Site at the time of the Customer’s order.
In case an incorrect price is shown which is obviously ridiculous (low price), regardless of the reason (IT bug, manual error, technical error), the order – even if complete and validated – shall be cancelled and the customer shall be notified accordingly.
Customers of the European Union which provide either a valid intracommunity VAT number, or a VAT exemption number, are exempt from VAT in France under Article 262 ter I of the General Tax Code.
If the customer’s intracommunity VAT number should be flagged as “invalid”, VAT would be charged.
5.1 Proposed Methods of Payment
Equi-Clic offers several methods of payment:
• Credit Card (CB, Visa or Mastercard, e-carte bleue): the debit is made as soon as you confirm your order. 3D Secure is activated for orders over 50€ (tax and shipping included).
• Bank Transfer: the preparation of the order is triggered once payment is received.
5.2 Security of Payments
The Customer warrants to the Equi-Clic company that they have permission to use the chosen payment method when validating the order.
Equi-Clic reserves the right to:
• Suspend any order and any delivery in case of refusal of authorisation of payment per bank card on behalf of the officially accredited organisations or in the event of non-payment.
• Refuse to make a delivery or honour an order from a customer who has not fully or partially settled a previous order or with whom a payment dispute is under way.
Equi-Clic has set up a mechanism to fight against fraud with regards to online payment methods in order to protect all consumers. As such, the information entered by the Customer during the placement of an order is checked.
In case of a fraud alert, the competent authority may ask the Customer for additional information and certain supporting documents (such as: copies of identification, proof of address...) based on which Equi-Clic will either validate or cancel the order.
Including a telephone number in the customer account accelerates the verification and order validation process.
5.3 Retention of Ownership
Equi-Clic retains ownership of the goods sold until the purchase price, including any principal and ancillary costs, has been paid in full. Failure to pay, even partially, may lead to the products being reclaimed.
6.1 Delivery Locations
Products purchased on the Site can be delivered to:
- Metropolitan France
- International zone 1 : Deutschland, Belgium, The Netherlands and Luxembourg
- International zone 2 : The United Kingdom, Italy, Spain and Switzerland
- International zone 3 : Austria, Ireland and Portugal
- International zone 4 : Hungaria, Poland, Czech republic, Slovaquia, Slovenia, Estonia, Lithuania, Latvia and Denmark
- International zone 5 : Greece, Island, Finland, Norway, Sweden, Croatia and Romania
The products are delivered to the address specified by the Customer when the order is placed.
Delivery to PO boxes and military bases will not be guaranteed.
6.2 Delivery Times
A colour system indicates the state of a product’s stock. The words “Add to Cart” are:
• Green: The product is in stock.
• Orange: The product’s stock needs to be replenished (the time required is specified on the items’ product pages).
When the item is shown as in stock on the Site, the delivery date is determined by the sum of the two following elements:
1. The shipping time (24 to 48 h): verification of the information entered, including payment of your order + order preparation + receipt of the parcel by the carrier.
2. The delivery of your parcel by the carrier according to the delivery method chosen by you on the Site.
Private carrier: 4-12 days (the time varies depending on the quantity and location).
Post: Delivery times are those of La Poste and therefore depend on the services of this company. The delivery time generally observed is 48 hours.
Pursuant to Article L114-1 of the Consumer Code and for any order for an amount equal to or greater than € 500, the Customer has the right to request the cancellation of the order if more than 7 days are exceeded past the originally expected delivery date (provision not applicable for non-EU residents). The Client shall cancel the order by sending a registered letter with acknowledgment of receipt to Equi-Clic - 1, impasse des Photinias - 44300 Nantes.
6.3 Delivery Methods
La Poste for any order weighing less than 30 kg.
Private carrier for any order weighing more than 30 kg.
6.4 Shipping Fees
Shipping fees will be charged in addition to the price of the product.
The fee depends on the delivery method chosen by the Customer, the geographical area, and the weight of the order. They will be shown to the Client at the end of the order before confirmation by the Client.
Metropolitan France : Free shipping for orders over than 100€* (tax included).
International zone 1 : Free shipping for orders over than 250€* (tax excluded).
International zone 2-3-4-5 : Free shipping for orders over than 450€* (tax excluded).
*except very heavy bulky items : horse bedding, horse feed and LA GEE products.
Delivery by private carrier: Upon receipt of the order and before the departure of the carrier, the Customer must open the package and verify its contents, both in terms of compliance and quantity of products, before signing the delivery slip. Any required reservations may be legibly noted on the slip, in a detailed fashion, as accurately as possible, in the case of observed anomalies (breakage, damage, non-compliance: Error of missing or different products, colours and/or sizes, etc). In this case, the parcel delivery must be refused. These reservations and information shall be communicated to the Equi-Clic company either by email xxxxx or by phone at the following number: xxxx (non-surcharged number), properly specifying the corresponding order number.
Caution: In the absence of reservations or in case of insufficient reservations, Equi-Clic reserves the right to refuse the return, exchange or refund of the products. Once you have signed the delivery note, without specifying any reservations, the carrier and Equi-Clic shall be indemnified with respect to any damages incurred during delivery operations.
It is recalled that the words “subject to unpacking” is devoid of any legal effect and does not relieve the customer of their duty to check the condition of the delivered goods. If the carrier does not leave you time to check the condition of the goods (quality and quantity), for any reason, it is imperative to note this on delivery note and to have it countersigned by the driver. In the absence of precise reservations on the delivery note, the goods shall be deemed as delivered in conformity.
Delivery by La Poste / Colissimo: In case of non-compliance during delivery, you must necessarily provide reservations on the delivery note or reject the goods. Failure to comply with these provisions clears Equi-Clic from any responsibility. Therefore, your order can be neither re-delivered nor refunded.
7. RIGHT OF WITHDRAWAL AND RETURN
7.1 General Terms and Conditions
Pursuant to Article L. 121-20 of the Consumer Code, the Customer has a withdrawal period of 7 clear days from the delivery of the product allowing them to cancel all or part of the order and return the product at their own expense.
This does not apply to products manufactured according to the purchaser’s specifications, personalised or which, due to their nature, cannot be re-shipped or are liable to damage. We will only accept products returned in their entirety in their original packaging complete and intact and in perfect condition for resale. Any product that has been damaged or whose original packaging has been damaged, will neither be refunded nor exchanged.
To exercise the right of withdrawal, the purchaser must :
- Access the "Orders History" section of his or her account.
- Select the order from which he wants to return an item.
- Select the product(s) that s/he wishes to return by checking the box next to its name(s).
- Add an explanation, in order for the shop team to better understand why the customer wants to return this product.
Once the form is complete, the purchaser clicks on "Make an RMA slip", and the request is sent to Equi-Clic.
If Equi-Clic accepts the request, the purchaser must return the products concerned, using the carrier of their choice, to the following address:
1 impasse des Photinias
44300 Nantes FRANCE
The product must be returned by the purchaser within a maximum of 7 working days from the receipt of the parcel. This right of withdrawal is without penalty, except the cost of return.
Assuming the right of withdrawal is exercised, the Customer has the option to request a refund of monies paid, the creation of a credit or a product exchange. In the case of an exchange, the re-shipment will be at the Customer’s expense.
The maximum legal repayment period is 30 days, reduced to 15 days by Equi-Clic.
It is recommended to attach a copy of the purchase invoice to the return.
7.2 Return of products out of warranty or withdrawal period
Any return of non-warranty or out of warranty products beyond the withdrawal period must be requested by writing (email or mail) in advance.
Following authorisation and agreement by Equi-Clic, the parcel will be returned at the Customer’s expense. The Customer will then be entitled to a credit for the amount of the returned product, sent by email and with no expiration date.
Any parcel unclaimed or returned due to incorrect address, and without any contact by the Client within the legal withdrawal period of 7 days, will be treated as a return of non-warranty product outside the legal withdrawal period. A credit will therefore be assigned to the Customer’s account.
7.3 Return Following the Delivery of a Product Different from That Ordered
If the received product does not match the ordered product (incorrect reference, wrong product colour, missing functions listed in the item’s description...), the Customer may request a refund or a product exchange.
The return shipping costs following a preparation/logistics mistake are handled by Equi-Clic.
Each product comes with a guarantee comprised by the invoice. It is therefore strongly advised to keep it.
Pursuant to Article 4 of Decree No. 78-464 of 24 March 1978, the provisions of the Terms may not deprive the Client of the legal guarantee which obliges the seller to guarantee against all consequences of hidden defects in the sold product.
The Customer is expressly informed that the Equi-Clic company is not the manufacturer/producer of the items distributed on its Site, within the context of the Law no. 98-389 of 19 May 1998 concerning liability for defective products, and the Equi-Clic company does not unwrap or open sealed products. Consequently, the warranty on items sold on www.equi-clic.com is limited to that of the manufacturers.
The following are excluded from the warranty:
• Damage to the product due to normal wear and tear with regard to its nature, function, composition and price;
• Damage and breakage due to the reaction of the horse/animal;
• Slight differences in the products as defined in Article 2;
• Replacement of consumables;
• Products that have been used too intensively, especially for purposes other than private;
• Any product defect resulting from improper installation, storage, preservation, or mounting (non-compliance with installation instructions), a lack of maintenance, misuse, or use not compliant with the technical specifications (non-compliance with maintenance and upkeep requirements), modifications or repairs executed by the purchaser or a third party, damage caused by objects, external events such as accidents, shocks, fire, vandalism, floods, natural or artificial light (in case of fading), natural disasters or bad weather.
Only manufacturing or design defects duly noted by the manufacturer could invoke its possible liability.
The materials are guaranteed by the manufacturer from the date of delivery, considered as the date made available to the Customer. The warranty period of the materials varies depending on the products and manufacturers.
Since Equi-Clic is not the manufacturer of the products displayed on the Site, it shall not be held liable for any defective products, manufacturing defects or non-conformities. Accordingly, no compensation (due to the loss of use of material found to be defective) may be demanded by the Customer. Similarly, the Customer may not demand repayment of the material found to be defective, unless otherwise expressly agreed in writing with Equi-Clic.
To make a claim under warranty, the Customer shall contact our customer service directly at 02......
The Customer must submit a copy of the product invoice.
9. LOYALTY PROGRAMS
The “loyalty” program imply acceptance of the conditions outlined below. It is reserved to Customers/people having registered on the Site and having a Customer account.
The Loyalty Program
The Customer is rewarded based on the total price of purchases (shipping and discount coupons deducted). The amount of the theoretical reward is displayed on the product page and in the summary of the cart. When the order is validated, the reward will be credited to the Customer’s account and can be used at any time in the form of discount or voucher.
10. DISPUTE RESOLUTION AND LIABILITY
This contract is subject to French law. In case of dispute, the actions must be brought before the Tribunal de commerce de Nantes.
Equi-Clic cannot be held liable for breach of contract in case of force majeure as defined by the courts; in case of fault by the Customer; or resulting from unpredictable and insurmountable circumstances of a third party to the contract.
11. INTELLECTUAL PROPERTY
All elements displayed on this site (logos, photographs, text, graphics...) protected by the Intellectual Property Code and the Civil Code belong to Equi-Clic. Consequently, none of these elements may be represented , downloaded, reproduced, transmitted, translated, sold, exploited commercially or for free, or reused in any way whatsoever without Equi-Clic’s prior consent.
12. PERSONAL DATA PROTECTION
Since the information you provide is essential for processing and delivery of orders, as well as for preparing invoices and warranty contracts, their omission implies the cancellation of your order. This information may be disclosed to the contractual partners of the Equi-Clic company involved in the fulfilment of this order. By registering on the Site, you agree to provide us with sincere and true information about yourself. Communicating false information is contrary to these Terms and the conditions of use of the Site. You therefore authorise Equi-Clic to collect, process and use your personal information.
Pursuant to Law no. 78-17 of 6 January 1978 “Informatique et Libertés” (French Data Protection Act), the collection and processing of your personal data have been declared to the Commission Nationale de l’Informatique et des Libertés (National Data Protection Commission – CNIL) under receipt number 1304390.
You can make a request at any time from the Equi-Clic company to find out what information about you is held by Equi-Clic, to object to their processing, or to edit or delete them, by contacting customer service.
If you accepted the option when you registered on the Site, Equi-Clic can send you information by email regarding accurate and timely promotions. You can request to no longer receive these emails at any time by clicking on the link provided for this purpose and inserted in the footer of each email that will be sent to you.
BtoB terms and conditions : on request.