General Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE The practice of horse riding requires verifying beforehand with a doctor that one has the required physical aptitude. Riders of les destriers de vaumartin are invited to read these general terms and conditions of sale of les destriers de vaumartin carefully before placing an order. In the absence of acceptance of these general terms and conditions, the Client must not place an order. DEFINITIONS: "Rider" designates a natural person consumer to whom Marc Gaudin, a qualified equestrian tourism guide, provides supervision and accompaniment services within the framework of equestrian sports activities. "Internet Client" designates a Rider who has concluded a contract with les destriers de vaumartin. "Contract" designates the contract between les destriers de vaumartin and the Riders. The stipulations of these general terms and conditions will prevail in the event of a contradiction with any other contractual document of les destriers de vaumartin. "Site" designates the website operated by les destriers de vaumartin whose address is vaumartin.fr or any other address that may be substituted for it. ARTICLE 1- PURPOSE OF THE CONTRACT The Contract details the respective rights and obligations between les destriers de vaumartin and its Clients regarding the sale and provision, by les destriers de vaumartin, of coaching and support services for equestrian sports activities. 1. General terms and conditions of sale to individuals These general terms and conditions of sale detail the rights and obligations of les destriers de vaumartin and its Clients in the context of the services provided by les destriers de vaumartin. These general terms and conditions of sale apply to all contracts concluded with Clients (including on the Site). These general terms and conditions of sale are intended solely for individuals, and professionals must contact les destriers de vaumartin directly in order to conclude, if applicable, an adapted contract. Any service performed by les destriers de vaumartin implies the Client's unreserved acceptance of these general terms and conditions of sale. The Client acknowledges having read these general terms and conditions of sale and expressly declares to accept them in full and without reservation as soon as they sign the registration form or register on the Site. Any condition contrary to the general terms and conditions of sale will, in the absence of express acceptance, be unenforceable against les destriers de vaumartin regardless of when it may have been brought to its attention. les destriers de vaumartin regularly updates the general terms and conditions of sale in order to best match the expectations of Clients as well as the legislation in force. Each version of these presents has a specific date. Therefore, the applicable conditions are those online at the time the order is placed on the site. The date of posting these general terms and conditions constitutes the effective date. The general terms and conditions of sale that will apply to the Client's Contract will be those accessible on the Site. The latter will be considered as having been approved by the Client, without contrary indication communicated by the Client within a period of two (2) weeks. The Client has the option to reproduce the general terms and conditions of sale accessible on the Site. These general terms and conditions of sale govern the sale of the Packages found on the site http://localhost:8888 on the day the order is placed until delivery. They apply whether the order was placed via the internet, by email, by telephone, by fax, or by mail. 2. Territoriality Clients who order via the site https://vaumartin.fr in French are deemed to be purchasing in France and therefore subject to French law. It is expressly stated that in the event of a dispute, the search for an amicable solution will be favored by the Parties. 3. Capacity to contract As the purchase of a Service is not an act of daily life management, in view of compliance with Article 1124 of the Civil Code, the Client declares to be of legal age and to have the legal capacity to contract under the conditions described in these general terms and conditions and not to be protected within the meaning of Article 488 of the Civil Code. Furthermore, the Client declares, at the time of placing an order for a Service, to be in possession of a medical certificate of no contraindication dated less than one month ago, indicating without any reservation that the Client is fit to start their equestrian trek. les destriers de vaumartin reserves the right to request it from the Client at any time. In case of non-presentation, the order will be canceled, without any compensation or refund being claimed. 4. Services les destriers de vaumartin offers its Clients coaching and support sessions for sports and physical activities. The services provided by les destriers de vaumartin have no medical purpose and do not in any way replace medical treatment. Unless otherwise indicated, a session corresponds to one or two hours of actual activity, and preparation between les destriers de vaumartin and the Client, as well as the setup and storage of equipment, are not included in this hour. 5. Organization and Planning Session booking is done directly with les destriers de vaumartin by email or phone. The location of the sessions must be approved in advance by les destriers de vaumartin. 6. Delay, absence, cancellation, and suspension Clients are required to respect the appointments and schedules defined in advance. No session, once booked, may be cancelled and will be due. It may, however, be moved within the week depending on the availability of les destriers de vaumartin and only if the rescheduling of the session is requested by the Client at least 24 hours in advance. In the event of a delay by Marc Gaudin, he must make up for the lost time at the end of the session or during the following session. In the event of an unscheduled absence by Marc Gaudin, he must make up for the session. A session may be cancelled by Marc Gaudin up to six (6) hours before the start of the latter. Marc Gaudin reserves, however, the right to cancel an outdoor session up to one (1) hour before the start of the session in the event of weather conditions not allowing it to be held. In the event of cancellation, the concerned Clients will receive a call (or, in the absence of a response, an SMS) and the session will be postponed to a later date. For group sessions, Marc Gaudin reserves the right to make schedule changes or to close a class that does not have enough participants or to create an additional class. Marc Gaudin cannot be held responsible for the delay in the execution of the service in the event of force majeure such as atmospheric disasters, an accident occurring on his way, or any other case of force majeure. In this event, the Client will then be notified as quickly as possible and the session will be postponed to a later date. 7. Physical condition The Client is required to have a physical condition that allows them to practice the equestrian activity they have selected. The Client must have undergone a medical examination prior to any activity with a doctor and produce a medical certificate of fitness for physical and sports activity less than three (3) months old, and submit a signed version of the information sheet and liability waiver that appears in the appendix of the registration form before the first session. The medical certificate must be renewed each year and presented to Marc Gaudin. In the context of sessions provided to pregnant women, a medical authorization may be requested by Marc Gaudin. 8. Internal Regulations The Client must wear appropriate and clean sportswear for the practice of sports activities. The Client must take all necessary precautions for their health, safety, and hygiene and comply with Marc Gaudin's instructions in this regard. Without prejudice to the following, Marc Gaudin may, without notice or compensation of any kind, exclude or even terminate the Contract of any Client whose attitude or behavior is contrary to good morals, or is notoriously disruptive, unacceptable, or dangerous for themselves or others. ARTICLE 2- ORDER AND RIGHT OF WITHDRAWAL: 1. Placing an order When the Client places their order, they must fill in all the mandatory fields appearing in the registration forms themselves. The Client is invited to reread their forms before validating their order. The Client guarantees that the data they communicate is accurate and conforms to reality. The Client undertakes to inform les destriers de vaumartin without delay in the event of any modification of the data they communicated during their registration. Marc Gaudin is not responsible for shipping errors due to a poorly filled or outdated form. 2. Right of withdrawal In accordance with Article L 121-20 of the French Consumer Code, the Client is informed that they have a withdrawal period of 7 (seven) clear days from: – their order for services, – receipt of their product for Physical Products. However, in accordance with Article L 121-20-2, 1° of the French Consumer Code, the right of withdrawal can no longer be exercised once the Client has accessed the Services. In the event of exercising the right of withdrawal, a refund check or bank transfer will be sent to the Client within a maximum period of 30 (thirty) days. ARTICLE 3- EXECUTION OF THE CONTRACT In the event of partial performance of the Contract, the full price remains due to les destriers de vaumartin unless this partial performance results from an act or omission of les destriers de vaumartin. No cause for suspension or termination of the Contract by the Client is admitted, except in cases of force majeure, medical reasons, or accident. The Client must provide proof of the reason for suspension of the Contract, and, in this case only, les destriers de vaumartin undertakes to reimburse the fees that the Client may have incurred for sessions that they will not be able to attend. 1. Pricing and payment terms The price of the sessions for the current year is defined on the website https://vaumartin.fr. In order to benefit from a booking purchased on the website, the purchase must be made at least 48 (forty-eight) hours before the date and time set and accepted by les destriers de vaumartin. In the event of a session cancellation, the session will be considered as completed. Except in cases of force majeure provided for by French jurisdiction. In the event of a no-show for a purchased session, the session will be considered as completed. In the event of a cancellation of a purchased session more than 36 (thirty-six) hours in advance, the session will be rescheduled by les destriers de vaumartin. Les destriers de vaumartin reserves the right to update the price of the service when subscribing to a new booking. Prices are displayed in euros (€). They include the bookings. The prices take into account the reflection carried out for the preparation of the technical sessions and the monitoring of the group. The Client undertakes to pay les destriers de vaumartin on the dates and in accordance with the payment methods indicated. ARTICLE 4- INSURANCE AND LIABILITIES The liability of les destriers de vaumartin may only be sought in the event of proof of a causal link between a fault committed by les destriers de vaumartin in the execution of the Contract and the damage suffered by the Client. The liability of les destriers de vaumartin may not, in particular, be sought (i) in the event of an accident resulting from the Client's failure to observe its instructions; (ii) in the event of an accident occurring outside of the sessions or advice provided by it; (iii) if the Client does not respect the commitments made and guarantees given under the Contract; and/or (v) in the event of force majeure. Indirect damages (such as, without this list being exhaustive, loss of income, loss of opportunity, loss of profit, any financial loss or any intangible damage) may not be subject to compensation by les destriers de vaumartin. Les destriers de vaumartin is only responsible for the commitments it makes and the guarantees it gives under the Contract. The Client will be responsible in the event of damage caused or in the event of material or bodily injury resulting from a voluntary or involuntary act occurring through their own actions. The Client also undertakes to guarantee and take charge of all convictions and legal costs that could be incurred or charged to les destriers de vaumartin due to faults, breaches, or other acts occurring due to the Client. ARTICLE 5- PRIVACY AND PROTECTION OF CLIENT DATA In the context of a registration, the Client provides personal data that is mandatory and necessary to process the registration and execute the service, and which may be used for commercial communication purposes by les destriers de vaumartin. Personal data will be kept by les destriers de vaumartin for a maximum of two (6) years. In accordance with the "Data Protection Act" of January 6, 1978, amended in 2004, the Client benefits from a right of access and rectification to information concerning them. Each Client may exercise their right of access, opposition, and rectification by sending an email to les destriers de vaumartin at the following address: marc.gaudin@free.fr. The Client may, for legitimate reasons, object to the processing of data concerning them. The Client may also object to the use of their personal data for commercial communication purposes by email by using the ad hoc link that appears on each email message sent. A Client's opposition to the use of their personal data in the context of commercial communications has the consequence of depriving them of information concerning commercial offers from les destriers de vaumartin, affiliated companies, or partners. 1. Images The Client must indicate whether they agree to their image being used by les destriers de vaumartin and, if applicable, sign the image rights authorization form. ARTICLE 6- INTELLECTUAL PROPERTY All visual and sound elements of les destriers de vaumartin and the Site, including the underlying technology used, are protected by copyright, trademark law, patent law, and more generally by all intellectual property rights. These elements are the exclusive property of les destriers de vaumartin or its licensors. None of the elements of the Site or any part thereof may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented, or exploited in any other way, free of charge or for a fee, regardless of the means and/or media used, whether known or unknown to date, without the prior express written authorization of les destriers de vaumartin. ARTICLE 7- CUSTOMER SERVICE Customer satisfaction is a constant concern for les destriers de vaumartin. Les destriers de vaumartin tries to meet the expectations of its Clients as quickly as possible and to respond to them as soon as possible after receipt of a request, suggestion, or complaint. For any request, suggestion, or complaint, the Client is invited to contact customer service: Email: marc.gaudin@free.fr Phone: 06 07 68 89 69. ARTICLE 8- APPLICABLE LAW AND COMPETENT JURISDICTION Any dispute relating to the interpretation and execution of the Contract is subject to French law. Disputes that may arise regarding the validity, interpretation, execution, non-execution, interruption, or termination of the Contract will be submitted to mediation in accordance with the mediation rules of the CMAP – Centre de médiation et d’arbitrage de Paris – at the Paris Ile-de-France Chamber of Commerce and Industry, which the Parties have acknowledged and to which they declare their adherence. In the event of a failed mediation, the disputes will be brought before the competent French courts. ARTICLE 9- MISCELLANEOUS Any change in current legislation or regulations, or any decision by a competent court invalidating one or more clauses of the general terms and conditions of sale, shall not affect the validity of the entire general terms and conditions of sale, the other provisions of which shall retain their full force and scope. Such a modification or decision does not in any case authorize Clients to disregard these general terms and conditions of sale. The fact that les destriers de vaumartin does not avail itself, at any given time, of any of the clauses of the Contract, cannot be interpreted as a waiver of the right to avail itself of them subsequently. The general terms and conditions of sale are available on the Site and may be modified at any time at the discretion of les destriers de vaumartin without any formality other than their publication online; only the latest version shall be applicable.

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