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General Conditions of sale

The grips of orders on the site to equiracing.com require the consultation and the preliminary acceptance of the following terms of sale.

Consequently, the consumer recognizes to be perfectly informed about the fact that his agreement concerning the contents of the present general conditions does not require the handwritten signature of this document, as far as the customer wishes to command on-line products presented within the framework of the shop of the Web site. The consumer has the faculty to protect or to edit the present general conditions, being specified that so much the protection which the edition of this document raise from its only responsibility.

The general conditions of sale are the following ones:

Article 1: completeness

The present general conditions express the completeness of the obligations of the parts. This way, the consumer is considered for accepting without reserve the completeness of capacities planned in these general conditions. No general or specific condition appearing in documents sent or put back by the consumer can become integrated into the present, since these documents would be incompatible with these general conditions.

Article 2: object

The present general conditions have for object to define the rights and duties of the parts within the framework of the on-line sale of the possessions and the services proposed by the company B.O.S France his to the consumer.

Article 3: contractual Documents

The present contract is trained by the following, presented contractual documents in order hierarchical lessening: the present general conditions, the order form. In case of contradiction between measures contained in the documents of different rank, the measures of the document of upper rank will prevail.


Article 4: come into effect - lasted

The present general conditions come into effect in the date of acceptance of the order. The present general conditions are concluded for duration necessary for the supply of the possessions and the signed services, until the extinction of guarantees owed by the company B.O.S France SAS.

Article 5: electronic Signature

The "click" of the consumer in conformance with the validation of the command establishes an electronic signature which has, between the parts, the same value as a handwritten signature.


Article 6: confirmation of command

The contractual information will be the object of a confirmation by e-mail at the latest at the time of the delivery or in defect, in the address indicated by the consumer within the order form.

Article 7: proof of the transaction

Registers computerized, kept in the computer systems of the company B.O.S France his in reasonable conditions of safety, will be considered as the proofs of the communications, the orders and payments intervened between the parts. The filing of order forms and invoices is made on a reliable and long-lasting support which can be produced as proof.

Article 8: information on products

Has 8-a: the present B.O.S France his company on its Web site products to be sold with the necessary characteristics which allow to respect the Article L 111-1 of the Code of the consumption, which the possibility for the potential consumer plans to know before the grip of definitive command the essential characteristics of the products which he wishes to buy.

8-b: the offers presented by the company B.O.S France his are valid only while stocks last.

8-c: the information, the photos of all the products are given only to title area codes. They were communicated with us by the manufacturers and the suppliers. EQUIRACING .COM would not know how to be considered as person in charge of differences between the indications extras on the site and the reality of products.

Article 9: price lists

The prices appearing in the on-line catalog are prices including tax in euro taking into account the French applicable VAT in the day of the command ; any change of the rate can be echoed on the price of products or services.
The B.O.S France his company reserves the right to modify its prices at any time, being however understood that the price appearing in the catalog the day of the order will be the only one applicable to the Buyer.
The indicated prices include the expenses of treatment of commands, but do not include the costs of transport and delivery. The payment of the totality of the price must be realized during the command. At no time, the paid sums cannot be considered as deposit or deposits.
All the orders are charged in euro and payable in euro. For any delivery outside Metropolitan France, the possible customs charges or the local taxes stay chargeable to the country.

Article 10: payment conditions

To settle his command, the consumer has, in his choice, all the payment conditions indicated on the site. The consumer guarantees the B.O.S France his company that he arranges authorizations possibly necessary to use the method of payment chosen by him, during the validation of the order form. The B.O.S France his company reserves the right to suspend any management of command and any delivery in case of refusal of authorization of credit card payment on behalf of the officially accredited bodies or in case of not payment. The B.O.S France his company reserves in particular the right to refuse to make a delivery or to honor a command emanating from a consumer who would not have settled totally or partially a previous order or with which a dispute of payment would be in the course of administration.

The payments by Bank card:

- Bank cards are the object of a check during the validation of the order then the day of the debit of this one.

- For the regulations in 1 step: the day of the expedition, bank cards are sold by the total amount of the command in the case of a partial sending of the goods.

- For the payments in 3 free of charge times: bank cards are sold at once in the validation of the order for the first monthly salary then in 30 and 60 days for the following 2 monthly salaries.

- In case of total or partial repayment, the amount of the dûes sums is recrédité directly at the expense of the Bank card of the buyer. In the case of the regulations in 3 free of charge times, the dûes sums will be paid off by recrédit of the bank card after the reception of the totality of the monthly salaries of the command.

Checks must be denominated in the order of EQUIRACING and be sent accompanied with the voucher of :

EQUIRACING

11, Road of éculieu
42480 Fouillouse
FRANCE

The payments by check, or by transfer have to reach us within 30 days according to the date of order; crossed this deadline the command will definitively be cancelled.

You have the possibility of making your payment by classic or international transfer. Make a transfer order with the number attrib at the end of command, and send on our following bank account

EQUIRACING:
B.O.S France SAS
CRÉDIT AGRICOLE  LOIRE HAUTE LOIRE
Bank: 14506
Agency: 03320
Account number: 72811261379
Key: 14

IBAN: FR76 1450 6033 2072 8112 6137 914

BIC: AGRIFRPP845

Article 11: availability of products and delivery deadlines

The availability of products and of delivery deadlines are given only as a rough guide.

In case of unavailability of the commanded product, in particular because of our suppliers, the consumer will be informed about it as soon as possible and will have the possibility of cancelling his order by simple request on pure paper, by email or by telephone. The consumer will have then the choice to ask either for the refund of the sums paid in 30 days at the latest by their payment, or the exchange of the product and\or the color.

The delivery deadlines are not guaranteed, they are given as a rough guide. We cannot be held persons in charge of the delays in delivery of our carrier or of the post office.
EQUIRACING is released from its obligation to deliver in due time in the cases of absolute necessity as the strikes of the staff of his usual carriers, the fire, the flood...
All the commanded and undelivered articles are maintained in command. In case of incomplete delivery, not sent articles are sold but can be cancelled and\or paid off on simple demand.

Article 12: modalities of delivery

Products are delivered to the address indicated by the consumer on the order form and only in metropolitan France. The consumer is anxious to verify the state of the packaging of the goods in the delivery and to indicate the damage due to the carrier on the delivery slip. B.O.S France SAS would get free of any responsibility if this procedure was not respected.

As regards the shipping, we work essentially with THE POST OFFICE and its Coliposte service. As soon as we proceed to a sending, you receive at once an e-mail by informing you.

B.O.S France SAS can deliver you where you wish it: at home, to a close, on your workplace do not in that case forget to specify well the address on your form of command.

The expenses of delivery are chargeable to the buyer and the goods travel at the risks and the dangers of the addressee.

THE POST OFFICE

To reduce at most the transport costs, all the products of low or average dimension are sent by a service of the post office Colissimo Suivi. Besides the fact of being economic, this service delivers in 48 hours in all France and offers you the possibility of getting back products ordered your post office close to the delivery address in case of absence of the place of initial delivery during the presentation of the factor. Concretely, if you are absent the day of the delivery, your factor will leave with you a calling card in your mailbox, which will allow you to remove your parcel to your post office during the opening hours, within 15 days. Colissimo Suivi is a very reliable service. However, it is possible, as in any expedition, that he can have a delay in delivery there or that the product gets lost. In case of delay in delivery with regard to the date when we indicated to you in the e-mail of expedition, we ask you to indicate us this delay by contacting us by the telephone or by e-mail. We shall contact then the Post office to make start a survey. A investigation Posts can last until 21 days as from the date of the beginning of the survey. If during this deadline, the product is found, will be rerouted at once in your place of residence (the majority of the cases). If on the other hand the product is not found at the conclusion of the deadline of 21 days of investigation, the Post office considers the parcel as lost. It is only at this moment when we can send back to you a product of replacement, at our expenses. If one or several commanded products were not available any more at this moment, we would pay off to you the amount of products concerned by the loss of the carrier. I one or several products were still available, but had changed sale price on the site, we would apply the new sale prices, either by paying off you by check of the difference, or by asking for a complementary check concerning this price difference. We decline any responsibility as for the elongation of delivery deadlines because of the carrier, in particular in case of loss of products or strike.

Article 13: problems of delivery because of the carrier

In case of dispute, the addressee can establish a reserve or a complaint with the carrier (on the list of the carrier or by registered letter in 3 days following the reception) then send us his reserves by registered letter within 48 hours in:
B.O.S France SAS
11, road of éculieu
42480 the fouillouse
FRANCE

Article 14: errors of delivery

Has 14-a: the consumer will have to formulate with the company B.O.S France his that very day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and\or nonconformity of products in kind or in quality with regard to the indications appearing on the order form. Any complaint formulated beyond this deadline will be thrown back(rejected).

14-b: the formulation of this complaint with the company B.O.S France his can be made: by telephone in +33(0)4 77 35 92 87 from Monday to Friday from 9pm to 5am hours or by sending us an e-mail in contact@equiracing.fr understanding your address and phone number(coordinates) and the object of your complaint indeed by specifying the reference of the command.

14-c: any complaint not made in rules defined above and within the time limits allowed cannot be taken into account and will loosen(kick away) the B.O.S France his company of any responsibility face to face of the consumer.

14-d: in reception of the complaint, the B.O.S France his company will attribute a number of exchange of one or several product (s) concerned (s) and will communicate it by e-mail, by fax or by telephone to the consumer. The exchange of a product can take place only after the attribution to the consumer of a number of exchange according to the approach presented above.

14th: in case of error of delivery or exchange, every product to be exchanged or to be paid off must have returned to the company B.O.S France his in general and in its original packing, at the expense of the buyer, in Colissimo Recommandé, at the following address:
B.O.S France SAS
11, road of éculieu
42480 the fouillouse
FRANCE

To be accepted, any return must be beforehand indicated to the Commande service of the company. B.O.S France SAS expenses of forwarding are chargeable to the company B.O.S France his, except in case it would turn out that the resumed product does not correspond to the declaration of origin made by the consumer in the voucher of return.

Article 15: guarantee of products

Every article is sold with a guarantee established by the invoice. It is thus recommended to keep it. According to the Article 4 of the decree n°78-464 of March 24th, 1978, the capacities of the present cannot deprive the consumer of the legal guarantee which obliges the professional salesman to guarantee it against all the consequences of the latent defects of the sold thing. The consumer is expressly informed that the B.O.S France his company does not produce products presented within the framework of the Web site, in the direction of the law n°98-389 of May 19th, 1998 and relative to the responsibility because of the defective products. Consequently The guarantee of articles sold on the site to equiracing.fr limits itself to that of the manufacturers.In case of a non compliance with the normal conditions of uses or the non-observance by the user of the instructions for use or the prescription of maintenance of articles, B.O.S France's responsibility  would not know how to be engaged. Only defects of manufacturing, conception duly noticed by the manufacturer can pull his possible questioning.

Also, B.O.S France SAS cannot be made responsible for deteriorations and breakage due to a defense or an evasion of your horse.

If B.O.S France's responsibility  was engaged, postal charges would be paid off on production of a documentary evidence.

Article 16: right of retraction

The consumer has a deadline of 7 ( seven) working days to turn, at his expenses, products not being convenient for him. This deadline runs as from the day of the delivery of the order of the consumer. If this deadline expires one Saturday, one Sunday or a holiday or day off, it is extended until the next first working day. Any return must be beforehand indicated with the Commande service of the company B.O.S France SAS: first and foremost by telephone in +33(0)4 77 35 92 87, from Monday to Friday from 2 pm till 6 pm or by sending us an e-mail in contact@equiracing.com understanding your address and phone number and the object of your complaint indeed by specifying the reference of the command. The product must have returned to Colissimo Recommandé at the expense of the consumer in:
B.O.S France SAS
11, road of éculieu
42480 the fouillouse
FRANCE

Only will be resumed products sent back in their set, in their complete and intact original packing, and in perfect state of resale. Everything produces which will have been damaged, or whose original packing will have been damaged, will be neither paid off nor will exchange. This right of retraction practices without penalty, with the exception of the expenses of return. In the hypothesis of the exercise of the right of retraction, the consumer has the choice to ask either for the refund of the paid sums, or for the exchange of the product. In the case of an exchange, the re-expedition will be made at the expense of the consumer.

In case of exercise of the right of retraction, the B.O.S France his company will make all the efforts to pay off the consumer within 15 days. However, considering the technical character of the sold products, this deadline can be spread in 30 days, in particular when the product needs a technical check (cf produced that must be beforehand tested). The consumer will then be paid off by recrédit of her bank account ( secure transaction) in case of credit card payment, or by check in the other cases.

Article 17: force majeure

None of both parts will have failed in his contractual obligations, as far as their execution will be delayed, hindered or prevented by a coincidence or a force majeure. Force majeure any irresistible facts or circumstances, outer the parts, unpredictable, inevitable, independent from the will of the parts will be considered as coincidence or and which cannot be prevented by these last ones, in spite of all the efforts reasonably possible. The party got by such circumstances will inform the other one about it in ten working days according to the date in which it will have had knowledge of it. Both parts will get closer then, within one month, except impossibility due to the case of absolute necessity, to examine the incidence of the event and agree of conditions in which the execution of the contract will be pursued.If the major case of strength has a duration three-month-old superior, the present general conditions can be cancelled by the injured party. In a express way, are considered as cases of absolute necessity or coincidences, besides those usually held by the case law of the courses and the French courts: the blocking of the means of transportation or supplies, earthquakes, fires, storms, floods, lightning; the stop of the telecommunication networks or the difficulties appropriate for the external telecommunication networks to the customers.

Article 18: partial not validation

If one or several conditions of the present general conditions are considered as valid or declared some in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other conditions will keep all their strength and their reach.

Article 19: not renunciation

The fact for one of the parts not to take advantage of a breach by the other part in the one some of the obligations aimed in the present general conditions would not know how to be interpreted for the future as a renunciation of the obligation in cause.


Article 20: title

In case of difficulty of interpretation enter the one some of the titles appearing at the head of clauses, and the one some of the clauses, the titles will be declared non-existent.

Article 21: applicable Law

The present general conditions are subjected to the French law. It's like that for the rules of fund as for the rules of shape. In case of dispute or of complaint, the consumer will address first and foremost the company B.O.S France SAS to obtain an amicable solution. Secondly and in case of appeal, the consumer can put down a complaint with his magistrates' court.

Article 22: computing and Liberties

The information which are asked to the consumer is necessary for the treatment of its order and can be communicated to the contractual partners of the company B.O.S France SAS participant within the framework of the execution of this order. The consumer can write to the company B.O.S France SAS address and phone number of which are within legal notices appearing within the framework of the Web site, to oppose to such a communication, or to exercise his rights of access, rectification towards the information concerning it and appearing in the files of the company B.O.S France SAS, in the statutory conditions of January 6th, 1978.

Article 23.:Données personal

This site is declared to the CNIL, IT National Committee and Liberties under N 1349437. According to the French law N · 78-17 of January 6th, 1978 relative to the computing, to the files and to the liberties (CNIL), every user having given evidence on this site of the directly or indirectly name specific information, can ask for the communication, for the update, for the deletion of the name specific information concerning i by making a request by means of the form of contact.

 
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