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Article 1 : Scope of Application
The general conditions of sale apply exclusively to current and future commercial
dealings between TOP SELLERIE.com or TOP SADDLERY .com ("We") and
the commissioner ("You"). Any non-conforming condition to our general
conditions that you would have expressed will be discharged, unless we have
acknowledged the applicability expressly and in writing.
We will be able to modify these general conditions of sale, at any time, with
the provision that We show these modifications on our site.
Article 2 : Order
We are committed to accept your order in the terms of these general conditions
of sale.
Please note that we will meet your order within the limits of our stock on hand
or subject to stock availability with our suppliers.
At the time of your order, We inform you on the availability of products you
wish to acquire. Nevertheless, if, in spite of our vigilance, the products prove
to be temporarily unavailable (stockout, out of supplies, etc.) after your order,
We will inform you of this by e-mail and invite you to cancel or modify your
order. If the products prove to be permanently unavailable after order, we will
automatically cancel your order and inform you by e-mail.
On confirming your order, You accept these general conditions of sales, in their
entirety, made available to you on the site, and acknowledge in having full
knowledge, waiving, therefore, to take advantage of any contradictory document,
and notably of your own general conditions of purchase, the bill of purchase
bringing about acceptance of these general conditions of sale. This confirmation
as well as all data that we will have recorded, will constitute proof of our
transactions.
Article 3 : Price
The prices indicated in euros shall be deemed to be inclusive of all taxes,
carriage charges included. We reserve the right to modify our prices at any time,
but we are committed to enforce the prices indicated to You at the time of the
order.
All of our prices are defined in euros.
Article 4 : Payment
The price is immediately payable on the date of the order and payment is made
by card. It is compulsory for cards issued by banks outside of France to be
international bank cards. Safe online payment by bank card presents complete
security. Information transmitted is encrypted by software and can not be read
during transport over the network. Payment by bank check is only possible for
checks in euros, drawn at a bank in France, Belgium or Germany.
The check should be made payable to TOP SELLERIE, and sent to the address below
:
TOP SELLERIE - 1, rue du Cours - 61500 SEES - FRANCE
In the case where You would be delayed in payment of the price, We would have
the right to claim interest charged for late payments at the effective average
rate applied during the previous quarter by the credit institutions for consumer
loans. In the case where We would be able to show an injury, the total of which
being higher than the total of deferred interest resulting in delayed payment
of the price, We would have the right to ask for amends against this loss.
Article 5 : Delivery
Unless otherwise provided, delivery is made to the address that You indicated
at the time of your order. The risks will be your responsibility as from the
date the products ordered have left our premises. The delivery dates are only
indicative, unless, in exceptional circumstances, We committed ourselves to
enforce a precise delivery date. In the case where you choose to settle by bank
check, the order will only be processed on receipt of this and as a result,
the delivery period will run on.
Article 6 : Returns and Refund
All products that We supply You with, benefit from manufacturer’s warranty
and are identical to those you can find in concession. Any product return within
ten (10) clear days as from receipt of the order (indicating the invoice number
to which is relates) for exchange or refund will be made without penalty. You
will be responsible for return charges, unless the return is due to an error
on our behalf. Only products returned complete, in good condition and in their
original packaging, as we delivered to you, will be taken back (in part exchange)
or exchanged.
The products should be returned to the following address :
TOP SELLERIE - 1, rue du Cours - 61500 SEES - FRANCE
At the end of this period of ten (10) days, the delivered products will be deemed
to be conforming to your order and accepted by You.
Article 7 : Reservation of Title
Goods delivered will remain our property until You have fulfilled all your
obligations to us and notably, until complete payment of the price, if need
be, raised interests. This reservation of title fails to hinder the transfer
of risks, for which you will be responsible as from the date on which the ordered
products have left our premises, in accordance with the provisions under Article
5.
Article 8 : Hidden Defects Warranty and Liability
Assuming that the products that We have delivered You present a hidden defect,
We will be able, at your choice, to eliminate this defect or replace the defective
product. If We do not wish to eliminate this defect nor replace the defective
good, or if We are unable to do this, or if We cannot do this within the term
because of parts which neither depend on our will or work, You will be able,
as you wish, to return it to Us against refund of the price and return delivery
costs or request a reduction in the sale price.
The products offered conform to the current French legislation. We refuse any
responsibility assuming that the product delivered will be respected by the
legislation of the country of delivery.
Likewise, our responsibility cannot be reserved because of the content of the
sites to which the hypertext links can return from Our site.
We are committed to bring all care and attention into the profession for implementing
a customer service. Nevertheless, our responsibility will not be able to be
reserved in case of a breach in our contractual obligations on account of a
fortuitous event or a case of ‘force majeure’ such as, and with
no limit, catastrophes, wars, fires, floods, blackout or hardware failure, breakdown
in transport method, communication breakdown or due to your actions.
Moreover, our responsibility will not be committed in the case of delay due
to a stockout with the supplier or in the case of error in the advertising products
on our site, photographs, text and illustrations representing non-contractual
products.
Article 9 : Protection of Personal Data
We are committed to protect your personal data. All personal data concerning
You that We have gathered is treated in the strictest confidentiality, conforming
to provisions of our personal data protection policy. At the time of your purchase,
We only request the necessary information to ensure the quality of our services
and the processing of your order. We do not sell, market or hire this information
to third parties.
In application of article 27 of the ‘Information Technology and Civil
Liberties’ law of January 6 1978, You have the right to access and modify
the data concerning You. You can exercise this right by sending an e-mail to
contact@topsaddlery.com.
In adhering to these general conditions of sale, You acknowledge to have read
our personal data protection policy and consent that we collect and use this
data.
Article 10 : Applicable Law and Place of Jurisdiction
These general conditions of sale are subject to French law and the Vienna Convention
on international sales contracts of goods, excluding the right of sale to the
United Nations. All disputes relating to commercial dealing between You and
Us are subject to the exclusive competency of French jurisdictions.
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