GENERAL CONDITIONS OF SALES
At the time of entry of his personal data under the heading «Order a Horseshoe», the Customer shall ensure himself of the accuracy and exhaustive nature of the data furnished by him, which are indispensable to the processing of his order.
In the case of error, notably in the wording of the contact details of the addressee, HARAS BUCEPHALE shall not be held liable if it is impossible for it to deliver the ordered product.
For security purposes, HARAS BUCEPHALE reserves the right to cancel any order whenever the IP address of the computer used by the Customer comes from a country that is different than the billing and/or delivery address.
II - The Products
In accordance with Articles L. 111-1 and L. 112-1 of the French Consumer Code, the essential features and the prices of the products offered for sale on-line on the Site HARAS BUCEPHALE, as well as the eventual delivery times of the products and warranty conditions shall be available on the Site.
HARAS BUCEPHALE shall use the utmost care in the presentation and description of its products to accommodate the Customer’s information needs. It is, however, possible that minor errors may appear on the Site, which the Customer acknowledges and accepts. The information is purely illustrative.
Similarly, the photographs on the Site shall tend to best present the colors and forms of the products. Nevertheless, in spite of all the care taken by HARAS BUCEPHALE in respect of the presentation of the photographs, minimum differences are liable to exist, it being understood that the setting of the Customer’s computer screen could have a possible influence on the perception of the products. As the photographs do not have any contractual value, these differences are not such as to constitute a ground for HARAS BUCEPHALE liability.
In any event, in the case of non-conformity of the product delivered in relation to its description on the Site, the Customer may either exercise his right of withdrawal (Article VI of the GCS), or call in the warranty of conformity of HARAS BUCEPHALE (Article VIII of the GCS), which shall then, as the case may be, and at its election, either exchange the product or reimburse the price (in whole or in part) that may have been invoiced.
Prior to and at the latest before conclusion of the Sale, the Customer shall receive the information provided for at Articles L. 111-1, L. 111-2 and L. 221-5 of the [French] Consumer Code, in a legible and comprehensible manner, both on the Site and by means of these GCS.
III - The Order
The taking of the order on the Site shall be subject to compliance with the procedure put into place by HARAS BUCEPHALE, materialised by a succession of various stages that the Customer must necessarily follow in order to validate his order.
It is understood that any order implies payment of the price of the products selected by the Customer.
The sale shall be deemed concluded on the date of HARAS BUCEPHALE acceptance of the order. Prior to such date, and in accordance with the provisions of Article L. 221-25 of the [French] Consumer Code, these conditions of sale shall be made available to all purchasers for information purposes only.
Before definitively validating his order, the Customer may verify the details thereof and its total price and correct any errors before confirming the order in order to express his acceptance.
Any order confirmed by the Customer amounts to a sales agreement and acceptance of all of the terms of these GCS.
In accordance with Article L. 122-11 of the [French] Consumer Code, HARAS BUCEPHALE may refuse any order from a Customer for legitimate reason, notably if it is unacceptable, placed in bad faith or for any other reason, notably if there is a dispute with the Customer or an incident relating to the payment of a prior order or which contravenes the provisions of these GCS. In such event, HARAS BUCEPHALE shall inform the Customer thereof by e-mail. If the Customer fails to correct those elements that are erroneous or contrary to these GCS, HARAS BUCEPHALE reserves the right to not process his order.
A confirmation summarizing the order (products, price, availability of the products, quantity, etc.) shall be sent by HARAS BUCEPHALE to the Customer to the e-mail address furnished at the time of the order, and forthwith once the order is validated by the Customer.
For such purpose, the Customer formally accepts the use of e-mails for the confirmation of the content of his order. In any event, invoices shall be remitted at the time of delivery on paper medium or electronic format (PDF).
HARAS BUCEPHALE shall fulfill the order within the limit of available stock. In the absence of available stock HARAS BUCEPHALE shall promptly inform the Customer of this fact.
IV - Price and Payment conditions
Determination of the price
The price of products sold on the Site shall be respectively indicated by article and reference.
The prices of products shall be indicated in euros, inclusive of all taxes, excluding contribution to shipping costs. The total price of the order (excluding taxes outside of the EU/including shipping costs) shall be indicated at stage No. 5 of the payment.
HARAS BUCEPHALE reserves the right to modify its prices at all time. Products shall be invoiced based on the prices in effect at the time the order is entered, subject to availability.
Any telecommunication costs inherent to access to the Site shall be borne exclusively by the Customer.
The term of validity of the offers and prices shall be determined by the updating of the Site. HARAS BUCEPHALE shall not reimburse any possible difference in price between the time of the placing of the order and a subsequent price decrease.
Terms of payment
Products shall be payable in cash on the day of the actual order.
Payment of purchases shall be made either by:
V – Delivery
The Customer shall select one of the delivery methods proposed on the Site at the time of placing of the order. The ordered products shall be delivered depending on the available method of transportation according to the place of delivery.
Delivery shall be made to the delivery address indicated by the Customer at the time of his order, it being stated that such address must be the address of the residence of the Customer or any other natural person of his choice. Delivery cannot be made either to hotels nor to post office boxes.
The amount of delivery costs shall depend on the amount of the order and the delivery method selected by the Customer. The amount of the delivery costs shall be indicated to the Customer before validation of the order.
Delivery times are available on the Site according to the conditions set by Article L. 111-1-3° of the [French] Consumer Code.
In order that delivery times be observed, the Customer must ensure himself that he communicated to HARAS BUCEPHALE, before validation of his order, accurate and complete information concerning the delivery address (such as, but not limited to: street number, building, staircase, access codes, interphone names and/or numbers, particular delivery information, etc.).
The indicated times are indicative, corresponding to average handling and delivery times. HARAS BUCEPHALE may not be held liable for the consequences due to a delay in shipping not due to any fault on its part.
In case of a delay in delivery, the order shall not be automatically cancelled. HARAS BUCEPHALE shall inform the Customer of any delay and the Customer may then decide to cancel the order and send a notice of cancellation by registered letter, acknowledgement of receipt requested to the following address:
HARAS BUCEPHALE
Le Tourneur La Chapelle Haute Grue
14140 Val de Vie, France
In the case where the order has not yet been shipped at the time that HARAS BUCEPHALE receives the notice of cancellation from the Customer, delivery shall be blocked and the Customer shall be promptly reimbursed for any sums that have been debited following receipt of the notice of cancellation.
If the order has already been shipped at the time of receipt by HARAS BUCEPHALE of the Customer’s notice of cancellation, the Customer may still cancel the order by refusing the package. HARAS BUCEPHALE shall then reimburse the debited sums and the return costs incurred by the Customer within fifteen (15) days following receipt of the return of the refused package which shall be complete and in its original condition.
At the time of delivery the Customer must verify the condition of the packaging as well as the products. If the package is damaged (already open, missing products, etc.), the Customer shall notify all its reservations to the carrier and HARAS BUCEPHALE within three (3) days following receipt of the product, by registered letter, acknowledgement of receipt requested.
Failure to make a claim within the above-mentioned time limit shall extinguish any and all action against the carrier in accordance with Article L. 133-3 of the [French] Commercial Code.
VI – Right of withdrawal
VI –A. In accordance with Article L. 221-18 of the [French] Consumer Code, the Customer has a right of withdrawal that he may exercise without providing any reason therefor, within fourteen (14) days as of delivery of the order in order to be able to return one or several ordered products and be reimbursed without having to justify any reasons therefor nor pay any penalty.
Whenever this time limit expires on a Saturday, Sunday, public holiday or non-working day, it shall be extended to the next business day. In the case of an order involving several products that are delivered separately, the time limit shall begin to run as of receipt of the last product.
Link toward the Return & Exchange form.
The Customer shall inform HARAS BUCEPHALE of his withdrawal decision by sending it, before expiry of the time limit set out in the preceding paragraph, the withdrawal form mentioned in Annex 1 or any other unambiguous declaration expressing his intent to withdraw.
VI–B. The Customer shall send the products that are the object of the right of withdrawal within the latest fourteen (14) days following communication of his decision to withdraw. The return of the new products (in their original packaging, which have not been worn nor washed), together with the number of the orders, shall be made at the Customer’s expense, to the following address:
HARAS BUCEPHALE
Le Tourneur La Chapelle Haute Grue
14140 Val de Vie, France
VI-C. The right of withdrawal may be excluded in the case of an order for customized products or products produced according to the Customer’s specifications.
VI-D. If HARAS BUCEPHALE considers several returns to be abusive or abnormal, it reserves the right to refuse subsequent orders from the Customer involved. The Customer may incur liability in the case of depreciation of the products resulting from handling other than that necessary for establishing the nature and features of such products.
VII – Reimbursement
In all cases of return of ordered products, HARAS BUCEPHALE shall reimburse the Customer for sums already paid (including shipping costs), but excluding the costs of return, within fourteen (14) days as of the date of recovery of the products.
The reimbursement shall be effected according to the same method of payment selected by the Customer at the time of his order, absent consent of the Customer with a view to using another means of payment that will not engender costs for him.
HARAS BUCEPHALE shall not be obliged to reimburse additional costs if the Customer has expressly selected a method of delivery that is more costly than the standard method of delivery against signature.
VIII – Legal warranty
The terms of these GCS are without prejudice to legal warranties, in particular the warranty against latent defects referred to at Articles 1641 to 1649 of the [French] Civil Code.
Article L.217-4 of the [French] Consumer Code: «The seller is bound to deliver goods that conform with the contract and shall be liable for lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, or assembly or installation instructions whenever he is responsible therefor pursuant to the contract, or which have been carried out under his responsibility. »
Article L.217-5 of the [French] Consumer Code: «Goods shall conform with the contract:
1° If they are fit for the use usually expected from similar goods and as the case may be:
-if they correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of samples or models;
- if they have the features that a buyer may legitimately expect considering the public representations made by the seller, by the producer or by its representative, in particular in the advertising or labelling;
2° Or they have features defined by a mutual agreement between the parties or are fit for any special use sought by the buyer, brought to the knowledge of the seller and that the latter has accepted.»
Article L.217-5 12 the [French] Consumer Code: «An action for lack of conformity shall be time-barred two years following delivery of the good.»
Article 1641 of the [French] Civil Code: «The seller is bound to a warranty against latent defects in the res sold that render it unfit for its intended purpose, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.»
Article 1648, para. 1 of the [French] Civil Code: «An action resulting from redhibitory defects must be brought by the buyer within two years from discovery of the defect.»
It is hereby recalled that in connection with the legal warranty of conformity, the consumer:
IX - Applicable law and Disputes
IX-1. Applicable law
All orders entail the ipso jure acceptance by the Customer of the GCS. These GCS shall be governed by the laws of France.
IX-2. Disputes
In accordance with Article L. 211-3 of the [French] Consumer Code, all consumers have the right of gratuitous recourse to a consumer mediator with a view to an out-of-court resolution of a dispute between him and a professional.
HARAS BUCEPHALE guarantees the Customer effective recourse to a consumer mediation mechanism according to the provisions of Articles L. 611-1 et seq. of the [French] Consumer Code. The Customer may select the mediator of his choosing, whose contact details appear on the site of the European Commission
Failing an out-of-court agreement, any dispute relating to the GCS shall be submitted to the exclusive jurisdiction of the competent court of Paris, with the exception of disputes concerning individuals who are not merchants and for which the legal rules of attribution of jurisdiction shall apply.
X – Data Processing and Freedoms
The information collected by HARAS BUCEPHALE at the time the Customer places an order is necessary for management of the transaction and, for such purpose, may be communicated, in whole or in part, to HARAS BUCEPHALE service providers acting in connection with the order, notably carriers.
The Customer is hereby informed that this same personal data may also be collected by a body responsible for the analysis of orders and the fight against bank card fraud.
In accordance with the provisions of Law no.78-17 of 6 January 1978 known as "Data Processing and Freedoms", the Customer shall at all times have the right of access, rectification, modification and deletion of personal data concerning him if such data is inaccurate, equivocal or out-of-date.
The Customer also has the right to oppose personal data concerning him being processed for legitimate reasons. However, such opposition shall render execution of the order impossible.
The Customer may exercise these rights by the sending of a postal letter together with proof of identity to the following address:
HARAS BUCEPHALE
Data Processing & Freedoms
Le Tourneur La Chapelle Haute Grue
14140, Val de Vie
XI – Intellectual property
Trademarks, domain names and drawings and models appearing on the Site are HARAS BUCEPHALE's exclusive property. Any reproduction or use of such trademarks, domain names or drawings and models in any form whatsoever is strictly prohibited.
XII – Customer Service
In accordance with Article L. 121-16 of the [French] Consumer Code, the Customer shall have the right to contact HARAS BUCEPHALE with a view to obtaining proper performance of the sales agreement or the handling of a claim. There shall be no additional charge for such contact.
HARAS BUCEPHALE customer service is open from Monday to Friday, from 10 am to 6 pm, and may be reached at customerservices@harasbucephale.fr.
XIII – Legal Notices
The Site is edited by the HARAS BUCEPHALE company, with a capital of €5,000 under the Registry of Trade and Companies of Lisieux number 889 279 089 00011, whose registered office is located at Le Tourneur La Chapelle Haute Grue, 14 140 Val de Vie.
The hosting provider of the Site is Tilda Publishing
In the case of error, notably in the wording of the contact details of the addressee, HARAS BUCEPHALE shall not be held liable if it is impossible for it to deliver the ordered product.
For security purposes, HARAS BUCEPHALE reserves the right to cancel any order whenever the IP address of the computer used by the Customer comes from a country that is different than the billing and/or delivery address.
II - The Products
In accordance with Articles L. 111-1 and L. 112-1 of the French Consumer Code, the essential features and the prices of the products offered for sale on-line on the Site HARAS BUCEPHALE, as well as the eventual delivery times of the products and warranty conditions shall be available on the Site.
HARAS BUCEPHALE shall use the utmost care in the presentation and description of its products to accommodate the Customer’s information needs. It is, however, possible that minor errors may appear on the Site, which the Customer acknowledges and accepts. The information is purely illustrative.
Similarly, the photographs on the Site shall tend to best present the colors and forms of the products. Nevertheless, in spite of all the care taken by HARAS BUCEPHALE in respect of the presentation of the photographs, minimum differences are liable to exist, it being understood that the setting of the Customer’s computer screen could have a possible influence on the perception of the products. As the photographs do not have any contractual value, these differences are not such as to constitute a ground for HARAS BUCEPHALE liability.
In any event, in the case of non-conformity of the product delivered in relation to its description on the Site, the Customer may either exercise his right of withdrawal (Article VI of the GCS), or call in the warranty of conformity of HARAS BUCEPHALE (Article VIII of the GCS), which shall then, as the case may be, and at its election, either exchange the product or reimburse the price (in whole or in part) that may have been invoiced.
Prior to and at the latest before conclusion of the Sale, the Customer shall receive the information provided for at Articles L. 111-1, L. 111-2 and L. 221-5 of the [French] Consumer Code, in a legible and comprehensible manner, both on the Site and by means of these GCS.
III - The Order
The taking of the order on the Site shall be subject to compliance with the procedure put into place by HARAS BUCEPHALE, materialised by a succession of various stages that the Customer must necessarily follow in order to validate his order.
It is understood that any order implies payment of the price of the products selected by the Customer.
The sale shall be deemed concluded on the date of HARAS BUCEPHALE acceptance of the order. Prior to such date, and in accordance with the provisions of Article L. 221-25 of the [French] Consumer Code, these conditions of sale shall be made available to all purchasers for information purposes only.
Before definitively validating his order, the Customer may verify the details thereof and its total price and correct any errors before confirming the order in order to express his acceptance.
Any order confirmed by the Customer amounts to a sales agreement and acceptance of all of the terms of these GCS.
In accordance with Article L. 122-11 of the [French] Consumer Code, HARAS BUCEPHALE may refuse any order from a Customer for legitimate reason, notably if it is unacceptable, placed in bad faith or for any other reason, notably if there is a dispute with the Customer or an incident relating to the payment of a prior order or which contravenes the provisions of these GCS. In such event, HARAS BUCEPHALE shall inform the Customer thereof by e-mail. If the Customer fails to correct those elements that are erroneous or contrary to these GCS, HARAS BUCEPHALE reserves the right to not process his order.
A confirmation summarizing the order (products, price, availability of the products, quantity, etc.) shall be sent by HARAS BUCEPHALE to the Customer to the e-mail address furnished at the time of the order, and forthwith once the order is validated by the Customer.
For such purpose, the Customer formally accepts the use of e-mails for the confirmation of the content of his order. In any event, invoices shall be remitted at the time of delivery on paper medium or electronic format (PDF).
HARAS BUCEPHALE shall fulfill the order within the limit of available stock. In the absence of available stock HARAS BUCEPHALE shall promptly inform the Customer of this fact.
IV - Price and Payment conditions
Determination of the price
The price of products sold on the Site shall be respectively indicated by article and reference.
The prices of products shall be indicated in euros, inclusive of all taxes, excluding contribution to shipping costs. The total price of the order (excluding taxes outside of the EU/including shipping costs) shall be indicated at stage No. 5 of the payment.
HARAS BUCEPHALE reserves the right to modify its prices at all time. Products shall be invoiced based on the prices in effect at the time the order is entered, subject to availability.
Any telecommunication costs inherent to access to the Site shall be borne exclusively by the Customer.
The term of validity of the offers and prices shall be determined by the updating of the Site. HARAS BUCEPHALE shall not reimburse any possible difference in price between the time of the placing of the order and a subsequent price decrease.
Terms of payment
Products shall be payable in cash on the day of the actual order.
Payment of purchases shall be made either by:
- Paypal
- Bank card: the Customer shall access a dedicated space made available by a banking establishment, which ensures the security and registration of the payment order. The Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is in fact his. The Customer shall communicate the sixteen figures and the date of expiry of his bank card, as well as the visual cryptogram numbers. In this regard, the Customer expressly acknowledges that communication of his bank card number to HARAS BUCEPHALE amounts to authorization to debit his account up to the amount of the ordered products and all included taxes. In accordance with Article L. 132-2 of the [French] Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. HARAS BUCEPHALE shall implement all means necessary for ensuring the confidentiality and security of the data transmitted on the Site.
- The data entered and kept by HARAS BUCEPHALE constitutes proof of the order and all of the entered transactions. The data entered by the payment system constitutes proof of the financial transactions.
- In connection with its order control policy and in order to limit the risk of usurpation of identity and/or use of any stolen means of payment, HARAS BUCEPHALE reserves the right to request identification from the Customer as well as proof of domicile. In such case, the order shall not be definitively validated until following verification of these items.
V – Delivery
The Customer shall select one of the delivery methods proposed on the Site at the time of placing of the order. The ordered products shall be delivered depending on the available method of transportation according to the place of delivery.
Delivery shall be made to the delivery address indicated by the Customer at the time of his order, it being stated that such address must be the address of the residence of the Customer or any other natural person of his choice. Delivery cannot be made either to hotels nor to post office boxes.
The amount of delivery costs shall depend on the amount of the order and the delivery method selected by the Customer. The amount of the delivery costs shall be indicated to the Customer before validation of the order.
Delivery times are available on the Site according to the conditions set by Article L. 111-1-3° of the [French] Consumer Code.
In order that delivery times be observed, the Customer must ensure himself that he communicated to HARAS BUCEPHALE, before validation of his order, accurate and complete information concerning the delivery address (such as, but not limited to: street number, building, staircase, access codes, interphone names and/or numbers, particular delivery information, etc.).
The indicated times are indicative, corresponding to average handling and delivery times. HARAS BUCEPHALE may not be held liable for the consequences due to a delay in shipping not due to any fault on its part.
In case of a delay in delivery, the order shall not be automatically cancelled. HARAS BUCEPHALE shall inform the Customer of any delay and the Customer may then decide to cancel the order and send a notice of cancellation by registered letter, acknowledgement of receipt requested to the following address:
HARAS BUCEPHALE
Le Tourneur La Chapelle Haute Grue
14140 Val de Vie, France
In the case where the order has not yet been shipped at the time that HARAS BUCEPHALE receives the notice of cancellation from the Customer, delivery shall be blocked and the Customer shall be promptly reimbursed for any sums that have been debited following receipt of the notice of cancellation.
If the order has already been shipped at the time of receipt by HARAS BUCEPHALE of the Customer’s notice of cancellation, the Customer may still cancel the order by refusing the package. HARAS BUCEPHALE shall then reimburse the debited sums and the return costs incurred by the Customer within fifteen (15) days following receipt of the return of the refused package which shall be complete and in its original condition.
At the time of delivery the Customer must verify the condition of the packaging as well as the products. If the package is damaged (already open, missing products, etc.), the Customer shall notify all its reservations to the carrier and HARAS BUCEPHALE within three (3) days following receipt of the product, by registered letter, acknowledgement of receipt requested.
Failure to make a claim within the above-mentioned time limit shall extinguish any and all action against the carrier in accordance with Article L. 133-3 of the [French] Commercial Code.
VI – Right of withdrawal
VI –A. In accordance with Article L. 221-18 of the [French] Consumer Code, the Customer has a right of withdrawal that he may exercise without providing any reason therefor, within fourteen (14) days as of delivery of the order in order to be able to return one or several ordered products and be reimbursed without having to justify any reasons therefor nor pay any penalty.
Whenever this time limit expires on a Saturday, Sunday, public holiday or non-working day, it shall be extended to the next business day. In the case of an order involving several products that are delivered separately, the time limit shall begin to run as of receipt of the last product.
Link toward the Return & Exchange form.
The Customer shall inform HARAS BUCEPHALE of his withdrawal decision by sending it, before expiry of the time limit set out in the preceding paragraph, the withdrawal form mentioned in Annex 1 or any other unambiguous declaration expressing his intent to withdraw.
VI–B. The Customer shall send the products that are the object of the right of withdrawal within the latest fourteen (14) days following communication of his decision to withdraw. The return of the new products (in their original packaging, which have not been worn nor washed), together with the number of the orders, shall be made at the Customer’s expense, to the following address:
HARAS BUCEPHALE
Le Tourneur La Chapelle Haute Grue
14140 Val de Vie, France
VI-C. The right of withdrawal may be excluded in the case of an order for customized products or products produced according to the Customer’s specifications.
VI-D. If HARAS BUCEPHALE considers several returns to be abusive or abnormal, it reserves the right to refuse subsequent orders from the Customer involved. The Customer may incur liability in the case of depreciation of the products resulting from handling other than that necessary for establishing the nature and features of such products.
VII – Reimbursement
In all cases of return of ordered products, HARAS BUCEPHALE shall reimburse the Customer for sums already paid (including shipping costs), but excluding the costs of return, within fourteen (14) days as of the date of recovery of the products.
The reimbursement shall be effected according to the same method of payment selected by the Customer at the time of his order, absent consent of the Customer with a view to using another means of payment that will not engender costs for him.
HARAS BUCEPHALE shall not be obliged to reimburse additional costs if the Customer has expressly selected a method of delivery that is more costly than the standard method of delivery against signature.
VIII – Legal warranty
The terms of these GCS are without prejudice to legal warranties, in particular the warranty against latent defects referred to at Articles 1641 to 1649 of the [French] Civil Code.
Article L.217-4 of the [French] Consumer Code: «The seller is bound to deliver goods that conform with the contract and shall be liable for lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, or assembly or installation instructions whenever he is responsible therefor pursuant to the contract, or which have been carried out under his responsibility. »
Article L.217-5 of the [French] Consumer Code: «Goods shall conform with the contract:
1° If they are fit for the use usually expected from similar goods and as the case may be:
-if they correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of samples or models;
- if they have the features that a buyer may legitimately expect considering the public representations made by the seller, by the producer or by its representative, in particular in the advertising or labelling;
2° Or they have features defined by a mutual agreement between the parties or are fit for any special use sought by the buyer, brought to the knowledge of the seller and that the latter has accepted.»
Article L.217-5 12 the [French] Consumer Code: «An action for lack of conformity shall be time-barred two years following delivery of the good.»
Article 1641 of the [French] Civil Code: «The seller is bound to a warranty against latent defects in the res sold that render it unfit for its intended purpose, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.»
Article 1648, para. 1 of the [French] Civil Code: «An action resulting from redhibitory defects must be brought by the buyer within two years from discovery of the defect.»
It is hereby recalled that in connection with the legal warranty of conformity, the consumer:
- benefits from a two-year time limit as from delivery of the good to act vis a vis his seller;
- may choose between the repair or the replacement of the good, subject to the cost condition provided by Article L. 217-9 of the [French] Consumer Code; and
- is exonerated from furnishing proof of the existence of the lack of conformity of the good during six months following delivery thereof. Except for used goods, this time limit shall be increased to 24 months as of 18 March 2016.
IX - Applicable law and Disputes
IX-1. Applicable law
All orders entail the ipso jure acceptance by the Customer of the GCS. These GCS shall be governed by the laws of France.
IX-2. Disputes
In accordance with Article L. 211-3 of the [French] Consumer Code, all consumers have the right of gratuitous recourse to a consumer mediator with a view to an out-of-court resolution of a dispute between him and a professional.
HARAS BUCEPHALE guarantees the Customer effective recourse to a consumer mediation mechanism according to the provisions of Articles L. 611-1 et seq. of the [French] Consumer Code. The Customer may select the mediator of his choosing, whose contact details appear on the site of the European Commission
Failing an out-of-court agreement, any dispute relating to the GCS shall be submitted to the exclusive jurisdiction of the competent court of Paris, with the exception of disputes concerning individuals who are not merchants and for which the legal rules of attribution of jurisdiction shall apply.
X – Data Processing and Freedoms
The information collected by HARAS BUCEPHALE at the time the Customer places an order is necessary for management of the transaction and, for such purpose, may be communicated, in whole or in part, to HARAS BUCEPHALE service providers acting in connection with the order, notably carriers.
The Customer is hereby informed that this same personal data may also be collected by a body responsible for the analysis of orders and the fight against bank card fraud.
In accordance with the provisions of Law no.78-17 of 6 January 1978 known as "Data Processing and Freedoms", the Customer shall at all times have the right of access, rectification, modification and deletion of personal data concerning him if such data is inaccurate, equivocal or out-of-date.
The Customer also has the right to oppose personal data concerning him being processed for legitimate reasons. However, such opposition shall render execution of the order impossible.
The Customer may exercise these rights by the sending of a postal letter together with proof of identity to the following address:
HARAS BUCEPHALE
Data Processing & Freedoms
Le Tourneur La Chapelle Haute Grue
14140, Val de Vie
XI – Intellectual property
Trademarks, domain names and drawings and models appearing on the Site are HARAS BUCEPHALE's exclusive property. Any reproduction or use of such trademarks, domain names or drawings and models in any form whatsoever is strictly prohibited.
XII – Customer Service
In accordance with Article L. 121-16 of the [French] Consumer Code, the Customer shall have the right to contact HARAS BUCEPHALE with a view to obtaining proper performance of the sales agreement or the handling of a claim. There shall be no additional charge for such contact.
HARAS BUCEPHALE customer service is open from Monday to Friday, from 10 am to 6 pm, and may be reached at customerservices@harasbucephale.fr.
XIII – Legal Notices
The Site is edited by the HARAS BUCEPHALE company, with a capital of €5,000 under the Registry of Trade and Companies of Lisieux number 889 279 089 00011, whose registered office is located at Le Tourneur La Chapelle Haute Grue, 14 140 Val de Vie.
The hosting provider of the Site is Tilda Publishing