EKESTRIAN WEBSITE GENERAL TERMS AND CONDITIONS OF USE
The General Terms and Conditions of Use govern the access and use of this website, located at the URL address, http://www.ekestrian.com, hereinafter referred to as the “Website”.
Any connection, usage or consultation of the Website assumes that the user has accepted and respects the General Terms and Conditions of Use. The use of the website implies acceptance of these General Terms and Conditions of Use.
The terms and expressions identified by a capital letter in these General Terms and Conditions of Use, including the above Preamble have the meaning indicated below, whether used in the singular or in the plural forms.
• Buyer: the User who has signed a contract with the Seller in order to purchase a horse through the EKESTRIAN Website.
• EKESTRIAN Commission: the EKESTRIAN Commission is defined as a percentage, before taxes, deducted from the total sales amount before taxes of the sale of the horse(s). The commission rate is agreed upon between the Seller and EKESTRIAN in the contract between EKESTRIAN and the Seller.
NB : In the particular case of the auction service, the commission is referred to as a sales fee and is applicable in addition to the auction price excluding taxes of the horse. This sales fee is equal to 11% excluding taxes of the pre-tax auction price of the horse. The sales fee is to be paid by the buyer.
• General Terms and Conditions of Use: this contract governs the relations between EKESTRIAN and the Website Users. In the dealings with the Seller and the Buyer, the EKESTRIAN/Seller and the EKESTRIAN/Buyer contracts prevail over these General Terms and Conditions of Use.
• Sales Contract : the signed contract between the Seller and the Buyer; since EKESTRIAN is acting as an intermediary, it is not part of the Sales Contract.
• EKESTRIAN/Buyer Contract: the contract signed between EKESTRIAN and the Buyer.
• EKESTRIAN/Seller Contract: the brokerage contract signed between the Seller and EKESTRIAN.
• Collection mandate contract: Collection and payment mandate contract signed between EKESTRIAN and the Seller.
NB : In the particular case of the auction service, Ekestrian does not collect the money intended for the seller. The money is transferred by the buyer through a secured escrow account, Mangopay. The money is then separately paid to the seller and to Ekestrian.
• EKESTRIAN: the company, IT’S MY CHAMPION, a simplified joint-stock company with a capital of 39,150 euros, headquartered at 6 rue La Fayette - 95600 EAUBONNE, registered with the trade and companies register (RCS) of Pontoise under the number 537 477 861, represented by its President, duly authorized, Ms. Claire-Aline Quantin. EKESTRIAN is the publisher of the Website.
• Services: all of the services published and proposed by EKESTRIAN on its Website, identifiable and described not only on its Website in the “Concept” tab, but also in these General Terms and Conditions of Use.
• Website: website accessible at the following address: http://www.ekestrian.com.
• User: designates any Buyer or Seller, or more generally all natural and legal persons, of French or foreign nationality, acting for themselves or as a representative of third parties, that uses the Website or who browses the Website after having accepted the General Terms and Conditions of Use.
• Seller : the User who signs a contract with the Buyer to sell a horse through the EKESTRIAN Website.
2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE
EKESTRIAN allows you to use its Services provided that each User agrees to respect these General Terms and Conditions of Use. Consequently, the agreement between EKESTRIAN and the User collectively referred to as the “Parties” covers the contract which consists of these General Terms and Conditions of Use.
EKESTRIAN has the right to modify or complete the General Terms and Conditions of Use at any time. EKESTRIAN commits to inform the Users on the first page of the Website if any modification or addition has a significant impact on the rights and obligations of the Users.
If a User continues to use the Service after the addition or modification of the General Terms and Conditions of Use, he/she/it therefore irrevocably accepts the modified or completed General Terms and Conditions of Use. If the User does not approve of the modified or completed General Terms and Conditions of Use, he/she/it shall no longer use the Service.
3. ACCESS TO THE WEBSITE
The Website content and Services are available in French.
The Website is accessible 24 hours a day, 7 days a week, except in cases of force majeure, third parties and/or maintenance or interventions necessary to the proper functioning of the Website. Planned interruptions shall be notified by a warning post on the homepage or by any other means.
EKESTRIAN shall not be held responsible in the event of an interruption of access networks to the Website, total or partial unavailability of the Website resulting notably from telecommunications operators, transmissions errors or problems linked to transmissions security, or in the case of failure on the part of the User’s reception equipment or telephone line.
Access to the Website requires sufficient broadband Internet access and the use of an appropriate access terminal (computer or other). Possible fees relating to Internet access and the price policy of your access provider are at your expense.
EKESTRIAN shall not be liable for the Users’ failure to connect due to a technical problem or any problem relating to network traffic congestion or the use of an insufficient connection speed.
4. PURPOSE OF THIS WEBSITE
User access to the Website is free and unlimited in time.
EKESTRIAN offers a portal site with different Services.
• A CUSTOMIZED SEARCH (paragraph not applicable to the specific case of the auction service)
The customized horse-searching Service is the first step in the EKESTRIAN turnkey Service.
You can browse a set of horses on your own in accordance with the EKESTRIAN/Buyer Contract or do a customized search by going through EKESTRIAN.
In such case, after a detailed analysis of the needs of the Buyer, EKESTRIAN performs a customized search among more than 1000 horses according to information disclosed by the Seller.
These horses are selected for all rider levels (club, amateur, professional), and all projects (purchase, investment-return)
The horse search performed solely by the Buyer without using EKESTRIAN as an intermediary implies no guarantee from EKESTRIAN at this stage of the process. In these circumstances, EKESTRIAN shall not be held liable in any way.
• THE TEST TOUR : CUSTOMIZATION, SERENITY, EFFICIENCY (paragraph not applicable in the particular case of the auction service)
You have chosen with your EKESTRIAN agent a shortlist of horses you wish to try, from a pre-selection. Ekestrian organizes your personalized testing tour: itinerary, schedule, reservations, confirmations. Taking into account the duration and complexity of the tour, a cost estimate will be provided for you for validation before billing by EKESTRIAN.
You will try between 3 and 10 horses in two days. This number can vary depending on the location of the stables and your project.
The Horse testing phase is an important phase in horse sale process. The Buyer makes his/her/its requests to EKESTRIAN in order to test the horse. EKESTRIAN then transfers the aforementioned requests directly to the Seller. Any accident suffered by the horse or by a third party and/or any degradation during this test phase is the sole responsibility of the Buyer.
EKESTRIAN shall not be held liable in any way for accidents and/or injuries and/or degradations suffered by the horse or by any third party during the test phase.
• VETERINARY PROTOCOL
You have chosen one of the horses tested during the tour.
The horse veterinary test phase is an important phase. The cost of the veterinary tests are borne in full by the Buyer according to the EKESTRIAN/Buyer Contract. The Buyer makes his/her/its requests to EKESTRIAN pertaining to the veterinary tests. The aforementioned requests are then transferred directly to the Seller. EKESTRIAN provides you with a suggestive list of veterinarians, who are qualified to treat horses, for reference only. EKESTRIAN shall not be held liable in any way for the veterinarians on this list. (paragraph not applicable in the particular case of the auction service)
In the particular case of the auction service, each lot is subject to a health protocol visit at the expense of the seller before the sale, the visit report is available by request made directly via the hotline: +33 6 86 49 60 06 or by email at : email@example.com.
In order to make your purchase under the best conditions, EKESTRIAN provides you with several contracts and legal documents which are standard documents drawn up by a lawyer with expertise in sport horse commerce and made available to you on the website http://www.achatcheval.com/. Note, however, that EKESTRIAN acts as a mere broker, the Sales Contract for the horse is signed directly between the Seller and the Buyer: EKESTRIAN is therefore not a party to the Sales Contract.
• TRANSPORTATION OF YOUR EQUID
EKESTRIAN offers several transportation options for your horse after purchase.
The transportation of your new horse to your stables can be organized in several different ways, you can choose to transport the horse yourself, or make an agreement with the Seller, or request that Ekestrian put you in contact with one of its transporters. To this end, EKESTRIAN shall provide you with a suggestive list of referenced and authorized horse transporters. EKESTRIAN shall not be held liable in any way for the transporters referenced on this list.
The transportation of the horses is at the expense of either the Seller or the Buyer. EKESTRIAN is thus relieved of any liability related to the transportation of the horse as well as any damages to the horse that may occur during this transportation phase.
EKESTRIAN may in no circumstances be regarded as the horse’s guardian at this or any moment of the sale process.
• ONLINE AUCTION SALE
EKESTRIAN can set up online auctions during determined time periods These online auctions are therefore subject to specific online auction rules and regulations that must be accepted by any User of this specific service and which specifies the terms and conditions of the auctions which must be respected by the participants.
For more information about the Services offered by EKESTRIAN, please visit the Website: http://www.ekestrian.com.
5. CONNECTING THE SELLERS AND THE BUYERS
Given that EKESTRIAN acts as a broker, simply putting the Sellers in contact with the potential Buyers, also that the Sales Contract is concluded directly between the Buyer and the Seller, the following terms and conditions apply:
➢ Claims handling policy
In the case of a dispute between the Website and a User, we invite you to contact us at the following address: 6, rue La Fayette - 95600 EAUBONNE or by email at the following address: firstname.lastname@example.org.
EKESTRIAN will endeavor to achieve a satisfactory solution within a reasonable time.
In the case of a dispute between the Buyer and the Seller, EKESTRIAN shall not intervene.
The Seller and the Buyer are encouraged to reach out to each other in order to reach an amicable solution.
EKESTRIAN shall not be held liable in any way in the case of a dispute between the Buyer and the Seller.
➢ Payment to EKESTRIAN
Ekestrian is remunerated by a commission defined as a percentage before taxes deducted from the total sales amount before taxes of the sale of the horse(s). The commission rate is agreed upon between the Seller and EKESTRIAN in the contract between EKESTRIAN and the Seller.
Please note that, in the case where the online auction service, Ekestrian Elite Auction is used the method of payment differs and is the following: Ekestrian collects a commission of 11% of the price of the horse excluding taxes, this 11% is added to the auction price of the horse excluding taxes. As a buyer, the amount to be paid is therefore the auction price of the horse excluding taxes added to the 11% of the auction price amount excluding taxes, to which shall be added the applicable taxes according to the Buyers’ country and status, including, for example, the VAT on the total price resulting from the auction price and the 11% of sales fees
According to the Collection mandate contract signed between EKESTRIAN and the Seller, the Buyer shall transfer the amount corresponding to the price of the horse directly to EKESTRIAN. EKESTRIAN shall then transfer to the Seller, after the sale is validated, the amount due after the deduction of its Commission and within 2 business days from the day the sum is received from the Buyer. Please note that, in the case where the online auction service, Ekestrian Elite Auction is used the method of payment differs and is the following: The Buyer deposits the corresponding amount by bank transfer to the intermediary’s secured escrow account, Mangopay. The Buyer has 48 hours to pay via bank transfer, proof of bank transfer delivered by the buyer’s bank can serve as evidence of the transaction.
The remuneration of any other intermediary who may take part in the sale of the horse is at the Buyer’s expense. Ekestrian shall in no circumstances suffer the cost of this remuneration. Warning/note, in the case where the online auction service, Ekestrian Elite Auction is used the method of payment differs : brokers must officially register with Ekestrian by telephone at +33 6 86 49 60 06 before closure of the auction with proof signed by the hand of the buyer whom they intermediate for as well as a photocopy of the buyer’s identification. These brokers will be remunerated up to 5% of the auction price of the lot, this 5% are deducted from the amount received by the seller.
6. RESPONSIBILITY OF THE SELLER REGARDING THE ADVERTISEMENT
The Seller publishing an advertisement certifies that he/she/it is the sole and full owner of the horse(s) that he/she/it puts up for sale. He/she/it agrees to:
• Publish his/her/its advertisement in an honest and accurate way.
• provide clear and comprehensible information about the horse.
In the case of an international connection, the Seller and the Buyer are required to fill out the administrative formalities for custom declaration and pay any customs duties in force to the competent authorities. EKESTRIAN is in no way directly or indirectly involved in the execution of these formalities.
The Seller and the Buyer freely agree on a transfer price et together choose the terms and conditions of the sale within the framework of the Sales Contract.
Any attempt to violate these rules and/or regulations or laws will be reported to the competent authorities, without affecting the right of EKESTRIAN to immediately delete the disrespectful User’s Account.
7. EKESTRIAN’S LIABILITY
➢ EKESTRIAN’S liability as Website publisher
EKESTRIAN commits to providing recent and exact information and data. However, EKESTRIAN shall not be held liable regarding the accuracy, completeness or relevance of the information established from external sources.
Under no circumstances shall EKESTRIAN be held responsible for information disclosed by the Seller in an advertisement.
We invite you to alert us to any errors or omissions that you may find on our Website at the following email address : email@example.com.
EKESTRIAN shall not be held liable for any damages that may arise upon visiting the Website, caused by the technical environment of the User (computers, software, network equipment or any other materiel).
EKESTRIAN will not be held responsible in the case of improper use of the Website by the User.
EKESTRIAN will not in any case be held responsible for the reliability of data transmissions, access time, possible access restrictions on the internet network or other networks that are connected to it.
The use of the Internet does not guarantee confidentiality of communication ; You are responsible for taking appropriate measures to protect your data, tools and materials.
All information contained in this Website, data, text, graphics, images, sounds, videos, etc. are made available to the Users for reference only. They do not constitute a commercial offer.
Without calling into question the rights granted to the Users by law, EKESTRIAN, its management, directors, employees or suppliers will not be held liable for any economic loss (including, without limitation, loss of revenue, of turnover, or of opportunities), interruption of business, technical problems, data loss or any other direct, indirect, special, exemplary or repressive damages resulting in the use or unavailability of the Website or any other cause.
➢ EKESTRIAN’S Liability as a broker
As only an intermediary, EKESTRIAN shall not be held liable for contracts undertaken by the Buyer that are not carried out or are carried out improperly regarding purchase contracts (purchase themselves, transportation of the horse, veterinary service, customs formalities)
EKESTRIAN acts a broker For this reason:
• EKESTRIAN shall not be held liablein any way for information disclosed by the Seller, videos of the horses provided by the Seller, declarations made by the Seller concerning the horse. EKESTRIAN shall not be held liable if information concerning the horse is incorrect, falsified or insufficient.
• The Seller warrants EKESTRIAN against all claims by third parties in the contract, the Seller warrants in particular, in the case of the sale of the horse, the absence of any action on the basis of a covenant for peaceful possession
• The Buyer assumes full responsibility of any accident and/or injury and/or degradation suffered by the horse and/or a third party during the testing phase.
EKESTRIAN shall not be held liable in any way for accidents and/or injuries and/or degradations suffered by the horse and/or a third party during the testing phase.
• EKESTRIAN is freed from any liability regarding the transportation of the horse as well as any damages to the horse that may occur during the transportation phase.
• EKESTRIAN may in no circumstances be regarded as the horse’s guardian at any moment of the sale process.
• EKESTRIAN is under no obligation to intervene in the case of a dispute between the Sellers and the Buyers on the Website. In the case of a dispute, EKESTRIAN shall be free of any claims, any damages present or future, presumed or not, observed or not, arising directly or indirectly from or relating to such claims.
8. USER OBLIGATIONS
The Website is reserved for Users, natural or legal persons, for their personal or professional needs.
The Website shall not be used as an intermediary for a regular horse sales or purchase activity.
The Users commit to to not interfering with the correct functioning of the Website in particular by not blocking or altering the normal flow of data, not fraudulently accessing the Website’s information system or the entirety of its database, by disrupting it or modifying it.
9. PRIVACY (POLICY)
Data collected from the contact form during registration or from use of the Website and its Services are subject to legal regulations on privacy.
The User can choose, or not, to accept to benefit from offers on products or Services proposed by EKESTRIAN, or for its contact information to be transferred to EKESTRIAN’s partners in order to receive information or commercial offers from them.
EKESTRIAN commits to handle this information in accordance with French law n°78-17 dated 6 January 1978 relating to the Data Protection Act (loi n°78-17 du 6 janvier 1978 relative à la Loi Informatiques et Libertés).
In enforcing this law, the User has a right to access, to oppose, to correct and to suppress all personal data about them. To exercise this right, the User can contact the company either by a form available on: http://www.ekestrian.com/contact, or by mail sent to the address: 6, rue La Fayette - 95600 EAUBONNE.
It is an integral part of our Website General Terms and Conditions of Use.
Acceptation results from the use of the Website.
For any questions concerning our Privacy and personal data protection policy, please contact our personal data management service at the following address: firstname.lastname@example.org.
All elements of the Website are the exclusive property of EKESTRIAN, unless otherwise specified.
The User may download, view, print a copy of any content from the Website solely for non-commercial use and exclusively limited to personal needs.
Any other usage is prohibited and constitutes a counterfeit. The User is especially not authorized to present to the public, replicate outside of the family circle, modify, use elements from the Website in a derivative work, distribute, sell any content from the Website, attempt to access the Website’s source codes and reverse engineer. However, EKESTRIAN commits to send you, in a reasonable amount of time, any element necessary to to the interoperability of the Website by any reasoned request from the User.
It is especially strictly prohibited to use or to reproduce the name “EKESTRIAN” and/or its logo, individually or together for any purpose whatsoever and in particular for advertising purposes, without prior and written approval from EKESTRIAN. Likewise for downloading or any other form of copying of software or of information found on the Website does not confer any rights over these. It is strictly prohibited to reproduce them (in whole or in part), to forward them(electronically or in any other way) and to modify them. It is also prohibited to use the Website for public or commercial use without prior and written consent from EKESTRIAN.
In the case of a User’s violations of his/her/its obligations, EKESTRIAN reserves the right to legally put an end to these actions and seek redress.
12.REPORTING ILLICIT AND INCORRECT CONTENT
Should a User wish to report erroneous or illicit information on the Website to EKESTRIAN, he/she/it must imperatively specify his/her/its personal information (last name, first name, home address, email address), a precise description of the content that he/she/it deems erroneous or illicit and the reasons why. This requires the User to accept EKESTRIAN’s processing his/her/its personal information and more generally our Privacy and data protection policy.
We invite you to consult/refer to this Policy to know your rights, the conditions and the purposes of this processing and the conditions of acceptation of this Policy.
EKESTRIAN can take appropriate steps, if the content is obviously illicit in accordance with French law number 2004-575 dated 21 June 2004 for the Confidence in the Digital Economy Act (loi n°2004-575 du 21 juin 2004 pour la confiance dans l'économie)
On the other hand, we remind you that reporting illicit content with the sole aim of obtaining its withdrawal and/or to stop its distribution, knowing this information to be incorrect is a criminal offence according to Article 6 Paragraph 4 of French law number 2004-575 dated 21 June 2004 (l’article 6 alinéa 4 de la loi n°2004-575 du 21 juin 2004) and may result in civil or criminal prosecution
13. REFUSAL OF ACCESS TO SERVICES
The User recognizes EKESTRIAN’s right to deny usage and access to Services for any reason and without prior notice.
Reasons for Service access denial may be due to, but are not limited to the violation of the General Terms and Conditions of Use or other documents that are incorporated by reference, a legal request, a request made by a User, actions by a User that are likely to cause financial loss to or involve the liability of EKESTRIAN or its Users.
In addition, neither the User or a third party can trigger liability of EKESTRIAN following this denial.
14.APPLICABLE LAW AND JURISDICTION
These General terms and Conditions of use are subject to French law.
In the event of a dispute, EKESTRIAN and the User shall endeavor to find an amicable solution.
In the case of any legal action relative to any dispute between EKESTRIAN and the User relative to these General Terms and Conditions of Use, the Tribunal de Grande Instance of Paris has exclusive jurisdiction.