Terms & Conditions

BETWEEN 

 

On the one hand, “Tranquille Saddle Fitting”, Individual Entrepreneur, residing at “10 Bd de la Grosille, 87600 Rochechouart”, registered with the RCS of “Limoges” under the number “880 228 473 00018”, 

Hereinafter referred to as “the Provider” or “the Seller”  

AND 

On the other hand, the natural or legal person purchasing products or services from the Provider as a consumer or non-professional customer, 

Hereinafter referred to as “the Buyer”, or “the Customer” 

 

1 Content and scope 

 

These General Conditions determine the rights and obligations of the Parties when a request for the provision of services and/or the sale of equipment is requested from the Individual Entrepreneur. 

 

The Service Contract concluded between the Customer and the Provider (hereinafter the “Contract”) is composed of: 

 

of these General Conditions. 

And if necessary, the quote or purchase order signed between the Customer and the Provider; 

The General Conditions apply automatically to all Goods or Services delivered by the Provider to Customers, and prevail over all other conditions, including those including contradictory clauses, and in particular its general conditions of purchase which will be unenforceable against the Provider, even if he is aware of it. 

 

Prior to the conclusion of the Contract, the Customer acknowledges having been informed, in a readable and understandable manner, of these General Conditions, and accepts them without restriction or reservation. 

 

These General Conditions may be subject to subsequent modifications in the event of a change in the legislative and regulatory context, the version applicable to the Customer is that in force on the day of conclusion of the Contract. 

 

2 Pre-contractual information 

 

As soon as a request for the provision of services and/or the sale of equipment is requested from the Provider, the following information is notably transmitted to the Customer, in a clear and understandable manner: 

 

the essential characteristics of the good or service; 

the price of the good or service. 

 

3 Order 

 

By order, we mean any order relating to the provision of services and/or sales of equipment offered by the Provider. 

 

For services giving rise to the establishment of a quote or prior order form, the latter is established by the Provider and is valid for a period of 6 months. 

 

The date affixed by the Provider on the document is used to count the starting point of the 6-month period. 

 

The Contract is only deemed to be formed after payment by the Customer of a deposit of 50% of the total price of the service. 

 

The conclusion of the Contract entails full and complete adherence and acceptance of these general conditions and obligation to pay for the products ordered (subject to the exercise by the Buyer of his right of withdrawal, within the deadlines and conditions below). 

 

The Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. 

 

For services not giving rise to the establishment of a quote or purchase order / prior purchase order, namely saddle fitting consultations, the order is taken between the Provider and the Customer by any means (e.g. e-mail, Messenger, SMS, etc.). 

 

The sale of Services will only be considered final after confirmation of acceptance of the order by the Provider has been sent to the Customer and after receipt by the latter of the full price, at the latest on the day of the service. 

 

4 Right of withdrawal: 

 

FOR CONSUMERS WHOSE CONTRACT HAS BEEN CONCLUDED “REMOTELY” 

 

4.1. In accordance with the legal provisions currently in force, the Customer has the right to withdraw from the contract, without giving reason, within 14 days from the conclusion of the contract (date of signing the quote or order form.) 

 

To exercise the right of withdrawal, the Customer must notify his decision to withdraw from the contract to the Provider by means of an unambiguous declaration (for example: by post to the address of the registered office of the Provider “10 Bd de la Grosille, 87600 Rochechouart” or by email to the following address “tranquille.saddlefitting@gmail.com”) in accordance with the provisions of article R. 221-1 of the Consumer Code. 

 

For the withdrawal period to be respected, it is sufficient for the Customer to transmit his communication relating to the exercise of the right of withdrawal, by any means, before the expiration of the withdrawal period. The postmark is authentic for postal items. 

 

4.2. The Provider must reimburse the Customer for all sums paid, at the latest within 14 days from the date on which he is informed of the latter's decision to withdraw. 

 

If the Seller does not reimburse the amounts paid by the Customer, the amounts due are automatically increased, in accordance with the provisions of article L. 242-4 of the Consumer Code. 

 

4.3. The right of withdrawal is excluded for supplies of goods made to the Customer's specifications or clearly personalized. Consequently, the right of withdrawal will not apply to personalized saddles or equipment. 

 

As such, any saddle ordered with a colour (including colour of edging, trim, decorations, etc.) other than the basic colour (black or brown) and with specific options relating to the tree for the horse, the panels, the type of leather and the quarter size. 

 

FOR PROFESSIONALS PRACTICED FOR THE NEEDS OF THEIR PROFESSION 

The Buyer being a professional purchasing within the framework and for the needs of his profession, there is no reason to apply the right of withdrawal provided for by the Consumer Code. 

 

5 Prices 

 

The services offered by the Provider are provided at the rates in effect on the day the appointment is made for saddle fitting consultations and on the day the quote or purchase order is issued for the sale of equipment. The price indicated in the order confirmation by the Provider is the final price. 

 

Prices are expressed in euros excluding tax (VAT not applicable art 293 B of the CGI). These prices are firm and non-revisable during their period of validity. 

 

An invoice is drawn up by the Provider and given to the Customer upon provision of the service or delivery of the goods (namely, at the end of the saddle fitting consultation or on the day of delivery of the goods). equipment). 

 

6 Payment 

 

6.1. The services offered by the Service Provider (saddle fitting consultation appointments, sale of equipment and equipment adjustments) are payable by cash, credit card or bank transfer. No other means of payment is accepted. 

 

Travel costs will be systematically invoiced to the Client, regardless of the service desired, according to the calculation method used by the Provider. 

 

6.2. For the saddle fitting consultation, the price agreed between the Parties is payable in full, on the day of the service. 

 

6.3. The Provider refuses payment in instalments. 

 

7 Late payment 

 

By express agreement and unless exceptional postponement requested by the Customer and granted by the Provider, failure to pay for a service or material upon delivery will result, after formal notice, in the immediate payment of all sums which are due to the Provider, whatever the cause, without prejudice to any other action that the Provider would be entitled to take, in this respect, against the Customer. 

 

Failure to meet payment deadlines will also result in the application of late payment penalties under the conditions and rates provided below. 

 

Any late payment, with reference to the day after the due date indicated on the invoice, will result in the application of late payment penalties of an amount equal to three (3) times the legal interest rate then in force, which will be acquired automatically and automatically from the Service Provider, without any formality or prior notice. 

 

Late payment penalties will be calculated on the amount excluding tax of late payment invoices. 

 

Any partial payment attributable to the Customer and for which the reason has not been duly justified or justifiable to the Provider will be considered as a late payment. 

 

If the Customer is a professional, any late payment will give rise, in addition to late payment penalties, to the payment of a lump sum compensation for recovery costs for the benefit of the Individual Entrepreneur. This compensation was set at a flat rate of forty (40) euros. It will be due automatically and without formality by the professional, in the event of late payment. 

 

8 Obligations of the Provider 

 

8.1. The Provider undertakes to provide the ordered service within a maximum period of six months from the final validation of the Customer's order. 

 

The Provider undertakes to make its best efforts to provide the services ordered by the Customer within the framework of an obligation of means, within the time limit specified above. However, these deadlines are communicated for informational purposes only. 

 

8.2. The Provider undertakes to perform the contractual obligations defined in the quote or purchase order signed by the Customer, to the exclusion of any other without the following restrictions ever being considered restrictive. 

 

8.3. The Provider undertakes to propose or have proposed a minimum annual follow-up, including the revision of the wool panel saddle, to take into account the physical transformation of the horse, the evolution of the riding level of the rider and his balance in the saddle. 

 

It is also recalled that the absence of annual monitoring can influence the optimal use of equipment. 

 

8.4. The responsibility of the Provider cannot be incurred in the event of non-compliance with the Client's obligations (equipment used in abnormal conditions of use or maintenance), for any cause whatsoever, or damage of any nature whatsoever. either during the use of the equipment. 

 

9 Materials 

 

9.1. The Provider only supplies the equipment precisely specified on the quote or order form signed by the Customer, which comes from a portfolio of suppliers working regularly with him. 

 

The material is described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the Service Provider cannot be held liable. 

 

9.2. The liability of the Provider can only be incurred in the event of proven fault or negligence and limited to direct damage, to the exclusion of any indirect damage of any nature whatsoever. 

 

9.3. The Provider guarantees the conformity only of the materials appearing on the quote or order form signed by the Customer and cannot be held responsible in the specific case where customers wishing to carry out the replacement, opt for the choice of a supplier in their own right, not being part of the portfolio of suppliers having established commercial relations with them. 

 

9.4. The equipment sold is that which seems most appropriate to the Provider at the time of the order. The Provider draws the Customer's attention to the fact that the settings, choices of saddle models or equipment may no longer be relevant in the weeks, months or years to follow. The Provider cannot be held responsible. 

 

10 Delivery of equipment 

 

10.1. Subject to the time it takes to receive the order from its usual suppliers, the Provider undertakes to make an appointment with the customer for delivery of the saddle, as soon as possible. 

 

10.2. Unless there are special conditions, the saddles will be delivered by hand, to the address indicated by the customer, in order to carry out the usual tests with the rider and horse. 

 

However, due to exceptional conditions defined by the Seller (such as, without this constituting an exhaustive list, a confinement or a curfew made necessary by the health situation), the Provider reserves the possibility of sending the saddle by post or carrier, at no additional cost to the Customer. In this case, the Provider undertakes to carry out a free inspection visit as soon as possible following the return to normal. 

 

The delivery of equipment (other than a saddle) can be done either by hand delivery, postal delivery or by means of a carrier. Total or partial coverage of transport costs may be invoiced to the customer. 

 

10.3. It is the Customer's responsibility to check the condition of the equipment at the time of issue or delivery of the equipment. 

 

Any reservation (damaged equipment, etc.) must be mentioned in writing and accompanied by the Customer's signature, on plain paper, and sent by registered letter with acknowledgment of receipt to the following address "10 Bd de la Grosille, 87600 Rochechouart” within three (3) days following issue or delivery. 

 

In the absence of compliance with this procedure, the delivered material is deemed to conform in quantity and quality to the order and the liability of the Provider is automatically released. 

 

11 Use – Information about the equipment 

 

The Customer will make any request for information or expression of concerns regarding the use of the equipment by any means and acknowledges that only the information provided by the Provider is likely to engage the liability of the latter. At the same time, the Customer declares itself aware of the importance of having the equipment regularly maintained by a professional. 

 

12 Return of material 

 

The return of equipment, apart from the exercise of the right of withdrawal or force majeure, remains at the discretion of the Provider. 

 

Where applicable, after validation by the Seller, the return of the equipment must be made as quickly as possible, as defined between the Parties. 

 

The return of the equipment will be made either by hand, by post or by carrier. In any event, the return costs will be entirely borne by the Customer. 

 

The returned equipment must be in its original condition and packaging and accompanied by a copy of the purchase invoice. 

 

The Provider will reimburse the equipment as soon as possible, and at the latest within 15 days from the actual receipt of the products returned by the Customer under the conditions provided for in this article. 

 

13 Saddle fitting consultations 

 

13.1. After their completion, saddle fitting consultations once carried out are not refundable. 

 

13.2. If a problem is identified by the Provider and it does not allow the appointment to be continued in an optimal manner on the equine presented during the consultation (according to the criteria identified by l’Institut français du cheval et de l’équitation, such as, without this constituting an exhaustive list, lameness, sick horse, too thin or overweight horse), the Customer will be informed and the Provider reserves the right to end the consultation. The entire service will however be invoiced to the Customer. A new consultation can be carried out after the equine has been presented to a veterinarian. 

 

Likewise, if the equine presented during the consultation is not physically fit to be saddled or ridden, the Provider reserves the right to end the consultation. The entire service will however be invoiced to the Client. A new consultation can be carried out after the equine has been presented to a veterinarian. 

 

During the consultation, the Customer remains responsible for the equine and its behaviour. The Provider cannot be held responsible for this. 

 

13.3. During the consultation, it is the Customer's responsibility to implement adequate conditions so that the consultation takes place in optimal safety conditions. If the Provider considers that the conditions are dangerous for the Client, for the equine, for himself or for any other human or animal in the surrounding area, he may end the consultation. The entire service will however be invoiced to the Client. 

 

As the Provider is not intended to supervise the practice of horse riding, he cannot be held liable in the event of an accident or fall. The Provider may possibly ask the Customer or the usual rider to see the equine in movement and/or mounted. 

 

The Provider will not be held responsible for any injuries, pain or lameness or health problems of the equine and/or the Customer and/or the rider, during or after the consultation. 

 

The advice and saddle adjustments carried out by the Provider are done with care and ethics. They correspond to the needs observed and the information received on the day of the consultation. 

 

The adjustments made are those which seem most appropriate to the Provider at the time of the consultation. The Provider draws the Customer's attention to the fact that the adjustments may no longer be relevant in the weeks, months or years to follow. The Provider cannot be held responsible. 

 

The Customer must be made aware that the correct adjustment of the saddle can give the equine freedom of movement which can result in a radical change in morphology. These changes in body shape can occur in a very short period of time and require additional adjustments. In this case, the Customer must contact the Provider as soon as possible. 

 

The Customer must keep in mind that many factors can affect the fit of the saddle such as, without this list being exhaustive, weight gain and loss, level of musculature, intensity and frequency of riding. work, housing conditions, seasons or the age of the equine. 

 

The Provider cannot be held responsible for morphological changes in the equine, nor for the consequences that could result after its service. 

 

13.4. The Provider offers the Customer a follow-up consultation at a reduced rate within 12 months following the initial visit or delivery of a saddle. After this period, a visit at full price is billed to the Client. 

 

14 Transfer of ownership of equipment 

 

The Provider expressly reserves ownership of the equipment until full payment by the customer of the price, regardless of the date of issue/delivery of the equipment. The Provider may therefore make use of this retention of title clause, in the event of non-payment, and may claim the equipment, without compensation to the Customer. 

 

The application of this retention of title clause does not prevent the transfer to the customer, upon delivery or sending of custody of the equipment sold, of the risks of theft, loss and deterioration, as well as any damage they may cause harm to humans or animals. 

 

15 Guarantee certificate 

 

The guarantee certificate consists of either the invoice or a guarantee certificate provided by the manufacturer. The validity of this guarantee certificate may require compulsory steps on the part of the customer, depending on the supplier concerned. 

 

It is the Customer's responsibility to keep the invoice and/or take the necessary steps with the manufacturer. 

 

The Provider cannot be held responsible for the loss of the invoice and/or failure to complete procedures with the manufacturer. No duplicates will be issued elsewhere. 

 

16 Liability and contractual limits 

 

16.1. The warranty on products sold by the Provider is in all cases limited to that of the manufacturer. 

 

16.2. In its relations with any Customer or user of the equipment, whether an individual or professional Customer, the liability of the Provider due to defective equipment is strictly limited, with regard to direct material damage, to the amount paid by this Customer, regardless of the cause, subject or basis of the complaint. 

 

16.3. The Provider cannot be held responsible for indirect and/or immaterial damage, such as loss of earnings or loss of profit in particular. 

 

This Contract does not cover the materials and installations downstream and upstream of the advice and/or sale of saddles and other accessories covered by this Contract. 

 

16.4. The responsibility of the Provider cannot be incurred in the event of lack of use or maintenance, damage due to handling errors, abusive or inappropriate use. 

 

Also excluded from this guarantee are defects and deterioration caused by natural wear and tear or by a modification of the product not planned or specified by the Provider. 

 

The Provider cannot be held responsible for damage and breakage due to the equine's defence. 

 

The responsibility of the Provider cannot be incurred for equipment which has been subject to poor maintenance, poor washing or cleaning. 

 

Finally, the Provider cannot be held responsible for interventions carried out by a third party on the equipment he has provided to the Customer. 

 

17 Force Majeure 

 

17.1. Each Party will be exempt from any liability in the event of a total or partial failure, even temporary, to fulfil one or other of its obligations arising from this Contract which would be caused by a case of Force Majeure. 

 

The same will apply to material or immaterial losses or damages resulting from force majeure events or any other insurmountable or unforeseeable events of a third party to the contract. 

 

Force majeure is defined as an event of an insurmountable and irresistible nature, resulting from an event outside the control of the Parties, which consists of an event or a series of events of a climatic, pandemic, bacteriological, military, political, diplomatic nature. or IT. 

 

For example, force majeure events include, without this list being exhaustive, natural phenomena such as tornadoes, floods, hurricanes, earthquakes, volcanic eruptions; the use by a State or a terrorist group of weapons of any nature disrupting the continuity of commercial relations; national-scale social movements; the spread of a virus which would be qualified by the authorities as stage 3 of the epidemic such as Sars-Cov-2 or the establishment of a confinement or curfew due to the evolution of a pandemic. 

 

17.2. In the event of the occurrence of a situation that it considers to be a case of Force Majeure, the Party concerned undertakes to notify by registered letter with acknowledgment of receipt (LRAR), as soon as possible, the occurrence of this event in specifying its nature and its impact on compliance with its obligations, and accompanying its request with any document that may justify it. 

 

In the event that the Party invoking a force majeure situation manages to characterize it, its obligations will be suspended for a period of “2” weeks. Any suspension of performance of the Contract by application of this article will be strictly limited to the commitments whose execution has been prevented by the circumstances of Force Majeure and to the period during which the circumstances of Force Majeure have acted. 

 

In any case, the Parties endeavour to implement the necessary means to minimize the damage that may result. 

 

After the period for suspension of obligations, if the Force Majeure situation continues, the Contract will be automatically terminated. 

 

18 Insurance 

 

The Provider is insured with a reputably solvent French company. 

 

19 Dispute resolution 

 

19.1. Any complaint must be made in writing and addressed to the headquarters of the Provider, namely “10 Bd de la Grosille, 87600 Rochechouart”. 

 

19.2.A. For a consumer customer 

 

In the event of failure of the complaint request made to the individual entrepreneur, the Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. 

 

19.2.B. For a professional client 

 

Before any action taken by these courts, with a view to jointly finding a solution to any dispute which may arise in the execution of this contract, the Parties agree to meet within “fifteen days” from receipt of a letter registered with request for acknowledgment of receipt, notified by one of the two parties. 

 

This amicable settlement procedure constitutes a mandatory prerequisite to the initiation of legal action between the parties. Any action brought to court in violation of this clause would be declared inadmissible. 

 

However, if at the end of a period of "fifteen days", the Parties were unable to agree on a written document, the dispute would then be subject to the jurisdiction designated below. 

 

19.3. The law applicable to these general conditions is French law. Any dispute concerning the validity, interpretation, execution, realization or resolution of the Contract, their consequences or their follow-up, and which could not be resolved amicably between the Provider and the Client, will be submitted to the French courts. 

 

In the event of a dispute with professionals and/or traders, it will be submitted to the Commercial Court of “Quimper” in the jurisdiction of which the head office of the Provider is located, whatever the conditions of sale and the method payment accepted, even in the event of a warranty claim or multiple defendants. 

 

19.4. If one of the clauses or provisions of these General Conditions were to be cancelled or declared illegal by a final court decision, this nullity or illegality will in no way affect the other clauses and provisions which will continue to apply. 

 

20 Protection of personal data 

 

The Provider may collect personal data for the smooth running of the service and/or order. 

 

In order to meet European and national constraints on the collection and processing of personal data, the Provider confirms having put in place the necessary actions to comply with the obligations provided for by the European Regulation on the protection of personal data (GDPR) n °2016/679 of April 27, 2016 as well as Law No. 78-17 relating to computing, files and freedoms. 

 

The Provider undertakes, throughout the duration of the relationship with his Customer, to ensure that all personal data concerning his Customer (surname, first name, email address, postal address and telephone number) are processed and collected for its own purposes, in accordance with the community and national provisions in force. 

 

This requires in particular, but not limited to, (i) establishing an appropriate legal basis for the processing, (ii) ensuring the existence of a legal mechanism or legal exemption allowing any transfer of data personal data outside the European Economic Area (EEA), (iii) to put in place appropriate technical and organizational measures to guarantee the security of personal data. 

 

In accordance with the Data Protection Act of January 6, 1978, each Customer has the right to access, oppose, rectify, modify and withdraw any personal data concerning them. The Customer may exercise this right at any time by contacting the individual entrepreneur.