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The present General Terms and Conditions of Sale supplement the General Terms and Conditions of Use and the Data Protection Policy.
The website www.aravolte.fr and www.aravolte.com (hereinafter referred to as " the Site ") is an e-commerce platform that enables Internet users (hereinafter referred to as " the Purchasers ") to purchase various products, in particular clothing and equipment for horse riding (hereinafter referred to as " the Products "), offered for sale on the Site by MLG EQUESTRIAN (hereinafter referred to as " the Seller "), whose identity is set out below. Purchasers may purchase Products by placing an order on the Site (hereinafter referred to as " the Order ").
These General Terms and Conditions of Sale (hereinafter referred to as " the GTCS ") apply without restriction or reservation to all online sales offered on the Site by the Vendor.
Their purpose is to define and govern the terms and conditions of online sales of Products, as well as the rights and obligations of the Vendor and Purchasers in this context.
The Site is operated by the Vendor, namely:
Thecompany MLG EQUESTRIAN, a simplified joint stock company with a share capital of 1,000 euros and registered office at the following address: 24 Chemin de Margerie à Montboucher - 26200 Montélimar, registered with the Romans Trade and Companies Register under number 887 598 407, represented by Mrs Marion LUPETTI in her capacity as President, duly authorized for the purposes hereof. Email address: bonjour@aravolte.com
Telephone number: 06.86.98.46.92
In the event of a complaint, the Buyer may contact the Seller at the above-mentioned email address, or on the above-mentioned telephone number.
The Buyer may consult the legal notice by clicking on this link
The GTCS are accessible and printable at any time via a direct link at the bottom of each page of the Site.
Acceptance of the GTCS by the Buyer is evidenced by a checkbox on the Order form. Any conditional acceptance is considered null and void. A Buyer who does not agree to be bound by the GTCS may not place an Order on the Site.
The GTCS take precedence over any other general or special conditions not expressly approved by the Vendor.
The Vendor reserves the right to modify the GTCS under the conditions set out in article 15.
Before placing any Order, and in particular in application of the provisions of article L111-1 of the French Consumer Code, the Buyer may consult the Site for the essential characteristics of each Product he/she wishes to order. This contractual information is presented in French.
The Products are offered for sale within the limits of available stocks only, or subject to the possibility of pre-ordering them where applicable.
For any further questions relating to the Products, the Buyer may contact the Vendor under the conditions set out in article 2 of the GCS.
The sale prices of the Products are displayed on the Site prior to the Order, in the Order summary prior to payment and in the Order confirmation e-mail.
Prices are indicated in euros, inclusive of all taxes (French VAT and other applicable taxes).
Prices do not include:
- any delivery charges applicable to the delivery of the Products, invoiced in addition to the price of the Products. The amount of applicable delivery charges will be indicated before the Buyer validates the Order.
- any customs duties and local taxes or import duties or state taxes that may be payable, depending on the case, particularly in the case of purchases outside the European Union and/or in French overseas departments and territories. These rights and sums are not the responsibility of the Vendor. They shall be borne by the Buyer and are the Buyer's responsibility (in particular declarations, payment to the competent authorities). In this respect, the Vendor invites the Buyer to obtain information on these aspects from the corresponding local authorities.
- any bank charges and telecommunication fees required to access the Site, which are to be borne by the Buyer.
The Vendor reserves the right, at its own discretion and on terms to be determined by it alone, to modify Product prices at any time, and to offer promotional offers or price reductions.
The applicable Product prices are those indicated on the Site on the day of the Order.
The Buyer may place an Order for one or more Products under the following conditions.
The Buyer must follow a series of specific steps in order to complete his/her Order:
- Information on the essential characteristics of the Product;
- Choice of the Product, and if applicable its options;
- Indication of the Buyer's contact details;
- Verification of the elements of the Order and, if applicable, correction of errors;
- Indication of delivery information;
- Follow-up of payment instructions, and payment of the Order, under the conditions of article 7 of the present GTCS.
When placing an Order, the Purchaser clicks on the " Order " button and acknowledges that he/she is placing an Order with an obligation to pay. This action constitutes the formation of a distance selling contract between the Vendor and the Buyer. Once this action has been taken, the Buyer may no longer cancel his/her Order (subject to exercising his/her right of withdrawal under the conditions of article 9 of the GTCS).
The Order is deemed to have been received by the Seller when the latter has access to it.
Once the Buyer has paid for the Order, he/she will receive an Order confirmation e-mail, summarizing the elements of the Order, i.e. the description of the Product(s) purchased and the corresponding price, as well as the expected delivery time and the Seller's contact details. The confirmation e-mail also includes a copy of the current General Terms and Conditions of Sale, as well as a mention of the withdrawal period and procedures.
The Buyer must ensure that the e-mail address provided at the time of placing the Order is correct and that it enables him/her to receive the Order confirmation e-mail. If the Buyer does not receive the confirmation e-mail within twenty-four (24) hours of placing the Order, he/she should contact the Vendor using the contact details given in article 2 of the GTCS.
The Vendor recommends that the Buyer keep the information contained in the Order confirmation.
The Order confirmation is deemed to have been received by the Buyer when he/she has access to it.
The Vendor reserves the right to cancel any Order if the Product is out of stock. The Vendor will inform the Buyer by e-mail and, if applicable, will refund the full price paid by the Buyer. The Vendor may also offer the Buyer an alternative product should one become available.
The Vendor reserves the right to suspend or cancel any Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous Orders.
The full price of the Products is due (in euros) immediately upon Ordering, including for pre-ordered products, when the Buyer clicks on the " Order " button and acknowledges placing an order with an obligation to pay.
Payment is made online by credit card, via the Stripe application, a payment service provider. Once payment has been made by the Buyer, the transaction is immediately debited.
In accordance with the provisions of the French Monetary and Financial Code, the payment order given by the Buyer is irrevocable and he thus authorizes his account to be debited for the price of the Order. The Buyer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it.
The Buyer guarantees the Vendor that he/she has the necessary authorizations to use the method of payment he/she has chosen for his/her Order.
The invoice corresponding to the Order will be sent to the Buyer in paper format as soon as delivery of the Order has been completed.
The Vendor retains full and complete ownership of the Products which are the subject of the Order until full and complete payment of the price of the said Order, including delivery costs, has been received.
Deliveries can be made both inside and outside France.
Products ordered on the Site are delivered to the delivery address indicated at the time of the Order (which may be different from the billing address, in which case the Buyer must indicate this).
The Products ordered by the Buyer will be delivered by La Poste.
The Buyer must provide all the information required for the effective delivery of the Product(s) by this method.
The Buyer is informed, prior to the Order, of the delivery method. This information is also included in the Order summary prior to payment, as well as in the Order confirmation e-mail.
The delivery price of the Order is indicated prior to the Order and is recalled in the Order summary before payment, as well as in the Order confirmation e-mail.
Delivery prices may be re-evaluated by the Vendor according to the rates applied by the carriers. The applicable delivery charges are those indicated on the Site at the date of the Order.
Delivery is made within the time indicated before the Order, in the Order summary before payment and in the Order confirmation email.
In the event of an order for several Products, delivery will be made in one go.
In the event of a pre-order of one or more Products, delivery will be made in one go as soon as the pre-ordered Product(s) is (are) available (including if the Order includes Products already in stock).
The Buyer may contact the Seller for the follow-up of his Order by contacting him at the coordinates mentioned in article 2 of the GTC.
The Seller reminds that at the moment the Buyer takes physical possession of the Order, the risks of loss or damage to the Products are transferred to the Buyer. At the time of delivery, it is the Buyer's responsibility to check that the package has not been damaged and to report this to the carrier if necessary.
Failing delivery within the above time limit, except in the cases mentioned in articles 12.4 and 12.5 of the GCS, the Buyer may cancel the Order, by registered letter with acknowledgement of receipt or by writing on another durable medium, if, after having enjoined the Seller, by the same means, to make delivery within a reasonable additional time, it has not complied within this time limit.
The contract shall be deemed terminated upon receipt by the Seller of the letter or writing informing it of such termination, unless delivery has taken place in the meantime.
In the event of termination of the contract in accordance with the above terms, the Buyer shall be reimbursed for all sums paid, including delivery costs, no later than 14 (fourteen) days following the date on which the contract was terminated.
The Buyer has a period of fourteen (14) days, from the date of receipt of the Products ordered, to retract without having to justify his reasons or pay any penalties, with the exception of the return costs which remain at his expense and which he must pay. When the Buyer's Order covers several Products delivered separately, the above period runs from receipt of the last Product.
The Buyer who wishes to exercise his right of withdrawal must send the Vendor by e-mail at sav@aravolte.com
, before the expiry of the above period, the withdrawal form appended to the GTS duly completed, or a statement clearly expressing his wish to withdraw and including his order number. The Vendor shall immediately provide the Buyer with an acknowledgement of receipt of the withdrawal on a durable medium.
Products must be returned under the following conditions:
- They must be returned by post to the following address: 24 Chemin de Margerie à Montboucher - 26200 Montélimar, no later than fourteen (14) days following the Buyer's communication of his or her wish to withdraw.
- They must not be washed or worn (except for the first fitting). If possible, they should be accompanied by a copy of the proof of purchase. The Buyer is deemed responsible in the event of deterioration of the Products when they are returned to the Seller (in particular marks, deterioration of fabrics, tears, cooking or perfume smells, stains).
The Buyer will be reimbursed for all sums paid for his/her Order, less return shipping costs, which remain the Buyer's responsibility. This reimbursement will be made as soon as possible, and at the latest within fourteen (14) days of the effective recovery of the Products by the Vendor, or until the Purchaser has provided proof of shipment of the Products, whichever comes first. The refund will be made using the same means of payment as that used for the initial transaction, unless the Buyer and the Vendor expressly agree in writing to a different means. In any event, this refund will not incur any costs for the Buyer. The Seller is not obliged to reimburse additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard one proposed by the Seller.
In accordance with the law, the Buyer benefits from the legal guarantees of conformity as well as for hidden defects in the item sold.
When acting under the legal warranty of conformity, the Purchaser:
- has a period of two years from the date of delivery of the goods in which to take action;
- may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L. 211-9 of the French Consumer Code;
- is exempted from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months as of March 18, 2016, except for second-hand goods.
The legal warranty of conformity applies independently of any commercial warranty that may have been granted.
The Buyer may decide to invoke the warranty against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code. In this case, he/she may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.
If the Buyer finds that the Product delivered to him/her presents a non-conformity, he/she must inform the Seller by email at sav@aravolte.com, indicating the nature of the non-conformity found (it being specified that non-conformities which appear within a period of twenty-four (24) months from delivery of the Product are presumed to have existed at the time of delivery, in the absence of proof to the contrary).
The Seller will carry out the necessary checks and offer the Buyer repair or replacement of the Product wherever possible.
However, the Seller may not proceed according to the Buyer's choice if this choice entails a cost that is manifestly disproportionate to the other modality, taking into account the value of the good or the importance of the defect. In such a case, he is obliged to proceed, unless this is impossible, according to the method not chosen by the Buyer.
If repair and replacement of the good are impossible, the Buyer may return the good and have the price returned, or keep the good and have part of the price returned. The same option is open to him:
1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month of the Buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the Buyer given the nature of the good and its intended use.
However, the sale may not be rescinded if the lack of conformity is minor.
The Seller will agree, with the carrier of its choice, the terms of return, of which it will inform the Buyer by any useful means. The Vendor will bear the costs of this return.
Products must be returned to the Vendor with a copy of the corresponding purchase invoice.
It is recalled that the legal warranty of conformity applies independently of any commercial warranty that may have been granted.
Under the warranty for hidden defects, the Buyer has the choice of returning the Product and having the price refunded, or keeping the Product and having part of the price refunded.
The Buyer may, for a period of two (2) years from the date of the Order, request the free repair of a Product he has ordered, under the conditions detailed below.
Independently of the commercial warranty granted, the Seller remains bound by the legal warranty of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. In the event of non-compliance with these provisions, the warranty remains valid. The Purchaser is entitled to avail himself of it.
1- Contents of the commercial warranty
During the term of the commercial warranty, the Purchaser may request one (1) free repair of one (1) Product he has ordered, as well as the parts incorporated therein, except in the case where the deterioration for which repair is requested has been caused by misuse of the Product, i.e. use not in accordance with the indications given on the Product label and the instructions communicated by the Vendor.
This commercial warranty is valid only for one (1) repair of one (1) Product. Any additional repair request will be subject to a charge and will be the subject of an estimate sent to the Buyer.
2- Terms and conditions for implementing the commercial warranty
Products must be returned by the Purchaser by post to the following address: 24 Chemin de Margerie à Montboucher - 26200 Montélimar, no later than fourteen (14) days following the Purchaser's communication of his wish to withdraw.
The Buyer must return the Product with proof of purchase.
3- Price of the commercial warranty
The commercial warranty is free of charge.
4- Duration of the commercial warranty
The commercial warranty runs for a period of two (2) years from the date of the Order for the Product concerned by the repair request.
When the Buyer requests from the Seller, during the course of the commercial warranty granted to him, a repair covered by the warranty, any period of immobilization of at least seven (7) days shall be added to the duration of the warranty that remained to run.
This period runs from the time of the Buyer's request for service or from the time the goods in question are made available for repair, if such availability is subsequent to the request for service.
5- Territorial scope of the commercial warranty
The commercial warranty covers any Order delivered in any territory, in France and outside France.
6- Name and address of the guarantor
Theguarantor is the Seller: Société MLG EQUESTRIAN, 24 Chemin de Margerie à Montboucher - 26200 Montélimar.
7 - Disputes relating to the commercial warranty
Inthe event of a dispute relating to the commercial warranty, the Buyer may avail itself of Articles 17 (Mediation) and 18 (Applicable Law and Jurisdiction) of the GCS.
For all intents and purposes, the following legal provisions are recalled:
Article L217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is liable for defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the French Consumer Code: The good conforms to the contract:
1°If it is fit for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling ;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L. 217-7 of the French Consumer Code: Conformity defects that appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is six months. The seller may rebut this presumption if it is not compatible with the nature of the good or the claimed lack of conformity.
Article L. 217-8 of the French Consumer Code: The buyer is entitled to demand that the good conforms to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he contracted. The same applies when the defect originates in materials he himself supplied.
Article L217-12 of the French Consumer Code: Action resulting from lack of conformity is barred by two years from delivery of the good.
Article L217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.
Article 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he known of them.
Article1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be discharged from the defects or apparent lack of conformity.
Ordering is accessible to:
- Any natural person with full legal capacity to enter into commitments under the GTCS. Consequently, if a person who does not have legal capacity orders Products on the Site, his or her legal guardians (parents, guardians, in particular) will assume full responsibility for this Order.
- To any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
The Buyer is solely responsible for the use he makes of the Products.
It is his responsibility to use the Products in accordance with the indications given on the Product label and the instructions communicated by the Seller.
The Buyer guarantees that all information provided for the purpose of placing an Order is accurate, up-to-date and sincere, and is not misleading in any way.
The Buyer is hereby informed and accepts that the information provided for the purpose of placing an Order constitutes proof of his/her identity. The information entered by the Buyer is binding on him/her.
The Buyer must, moreover, take the necessary measures to safeguard by his/her own means the information he/she deems necessary, no copy of which will be supplied to him/her.
The Vendor provides the Buyer with no guarantee as to the suitability of the Products to the Buyer's needs, expectations or constraints, other than the guarantee of conformity set forth above.
The Seller cannot guarantee that the information on Product packaging will be translated into all languages. However, this information is available at least in French.
The Seller shall not be held liable for any damage resulting from use of the Products that does not comply with the recommendations on the Product label or with the instructions provided by the Seller.
The Vendor cannot be held responsible for non-performance or delay in performance of the sales contract due to force majeure, as usually defined by the jurisprudence of French courts. In particular, the following are considered to be cases of force majeure exceptional weather conditions, natural disasters, fires and floods, explosions, lightning, attacks and acts of terrorism, wars and riots, epidemics and pandemics, administrative, regulatory or legal closures, bans and/or restrictions, disruption or blockage of telecommunication networks, means of transport or postal services, including as a result of strikes, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying the GCS.
The Vendor may not be held liable for non-performance of the contract or delay in delivery if such non-performance or delay is attributable to the Buyer, in particular in the following situations:
- inaccuracy or imprecision of the delivery address provided by the Buyer. Thus, in the event of a new delivery following this inaccuracy or imprecision, the costs relating to this new delivery will be invoiced to the Buyer.
- the Buyer does not collect the parcel delivered within the time limit set by the carrier.
In any event, the liability that may be incurred by the Vendor under the GCS is expressly limited to proven direct damage suffered by the Buyer.
The Buyer undertakes not to infringe the Seller's intellectual property rights.
Not only the structure of the Site, but also the texts, graphics, images, photographs, sounds, videos, computer applications and databases that make it up, as well as the trademarks and other intellectual property rights relating to the Products presented, sold and promoted on the Site (hereinafter referred to together as " the Protected Elements "), are the exclusive property of the Seller and are protected as such by the laws in force in respect of intellectual property. In particular, the term "ARAVOLTE" and the logos "
"and "
" are registered as trademarks.
The Site has been designed by SAS MLG EQUESTRIAN (Marion LUPETTI-GUIRAUD).
Any representation, reproduction, adaptation or partial or total exploitation of the Protected Elements, by any process whatsoever, without the prior, express and written authorization of the Vendor, is strictly forbidden and would be likely to constitute an infringement within the meaning of the provisions of the Intellectual Property Code.
Access to and use of the Site does not constitute recognition of any right and, in general, does not confer any intellectual property right relating to the Protected Elements, which remain the exclusive property of the Vendor.
The Buyer is prohibited from introducing data to the Site that would modify or be likely to modify its content or appearance.
The Seller has a Privacy Policy which the Buyer is expressly invited to read.
The Vendor reserves the right to insert any advertising or promotional messages on any page of the Site and in any communication to Buyers, under conditions to be determined by the Vendor alone.
The Vendor reserves the right to modify the GCS at any time. It will post the amended GTC online. The current version of the GCS is the one available on the Site at the date of the Buyer's Order.
In the event of translation of the GCS into one or more languages, the language of interpretation will be French in the event of contradiction or dispute as to the meaning of a term or provision.
The Buyer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of any dispute concerning the performance of these GTCs which may arise between the Buyer and the Seller, under the conditions laid down in accordance with the provisions of the Consumer Code.
To this end, the Buyer may contact the following consumer mediator:
Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C)
14 rue Saint Jean - 75017 Paris
Telephone: 06.09.20.48.86.
Website: https://cm2c.net/
Email address: cm2c@cm2c.net
The Buyer, if he wishes to have recourse to mediation, must justify having first attempted to resolve his dispute directly with the Seller by means of a written complaint in accordance with the terms and conditions set out in article 2 of the GTCS.
All clauses in these GTS are governed by French law.
In the event of any dispute concerning the validity, interpretation and/or performance of the GTS, and failing amicable resolution or recourse to mediation, or in the event of failure of mediation, the said dispute shall be referred to the French courts, unless otherwise provided by law, which would refer to the mandatory jurisdiction of a foreign court. The Buyer may refer the matter either to one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or to the court in the place where the Buyer resided at the time of conclusion of the GCS or of the occurrence of the harmful event.
If one or more stipulations of the GCS are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
The fact that the Buyer or the Seller does not claim from the other party a breach of any of the obligations referred to in the GTCS shall not be interpreted for the future as a waiver of the obligation in question.
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of: MLG EQUESTRIAN
Postal address: 24 Chemin de Margerie à Montboucher - 26200 Montélimar
E-mail address: sav@aravolte.com
I hereby notify you of my withdrawal from the contract concerning the sale of the goods below:
Order number :
Ordered on (*) / received on (*)
Name of purchaser(s):
Address of purchaser(s):
Signature of purchaser(s):
(only in the case of notification of this form on paper)
Date:(*) Strike out what does not apply.
Content updated on 15/10/2022
