General Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE Horse riding requires prior verification with a doctor to ensure 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. If these general terms and conditions are not accepted, the Client must not place an order. DEFINITIONS: "Rider" refers to a natural person who is a consumer to whom marc gaudin, a qualified equestrian tourism guide, provides coaching and accompaniment services within the framework of equestrian sports activities. "Internet Client" refers to a Rider who has entered into a contract with les destriers de vaumartin. "Contract" refers to the contract between les destriers de vaumartin and the Riders. The stipulations of these general terms and conditions shall prevail in the event of any contradiction with any other contractual document of les destriers de vaumartin. "Site" refers to 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 in the context of the sale and performance, by les destriers de vaumartin, of coaching and accompaniment services within the framework of 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 an adapted contract, if applicable. 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 that they 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 terms has a specific date. Therefore, the applicable conditions are those online at the time the order is placed on the site. The date these general terms and conditions are posted online is 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, unless otherwise indicated 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 are therefore subject to French law. It is expressly stated that in the event of a dispute, the search for an amicable solution will be prioritized 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 that they are of legal age and have the legal capacity to contract under the conditions described in these general terms and conditions and are not under any protection within the meaning of Article 488 of the Civil Code. Furthermore, the Client declares, at the time of placing the 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 the event of non-presentation, the order will be canceled, without any compensation or refund being required. 4. Services les destriers de vaumartin offers its Clients coaching and accompaniment sessions within the framework of sports and physical activities. The services of 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 effective activity, and the preparation between les destriers de vaumartin and the Clients, as well as the installation and storage of equipment, are not included in this hour. 5. Organization and Planning The booking of sessions is done directly with les destriers de vaumartin by email or telephone. 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 previously defined. No session, once booked, may be canceled 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 postponement 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 unforeseen absence by Marc Gaudin, he must make up for the session. A session may be canceled by Marc Gaudin up to six (6) hours before the start of the latter. Marc Gaudin nevertheless reserves the right to cancel an outdoor session up to one (1) hour before the start of the session in the event of weather conditions that do not allow 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 course that does not have enough participants or to create an additional course. 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 journey, or any other case of force majeure. In this hypothesis, 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 had a medical examination prior to any activity with a doctor and produce a medical certificate of aptitude for physical and sports activity dated less than three (3) months ago and submit a signed version of the information sheet and liability waiver which 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, medical authorization may be requested by Marc Gaudin. 8. Internal regulations The Client must wear correct and clean sportswear for the practice of sports activities. The Client must take all necessary precautions for their health, safety, and hygiene and respect the instructions of Marc Gaudin 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 notoriously annoying, unacceptable, or dangerous for themselves or for others. ARTICLE 2 - ORDER AND RIGHT OF WITHDRAWAL: 1. Placing the 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 re-read their forms before validating their order. The Client guarantees that the data they provide is accurate and complies with reality. The Client undertakes to inform les destriers de vaumartin without delay in the event of any modification of the data they provided during their registration. Marc Gaudin is not responsible for sending 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 the exercise of the right of withdrawal, a check or a refund 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 entire 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 the suspension of the Contract, and, in this case only, les destriers de vaumartin undertakes to reimburse them for the costs they may have incurred for sessions they will not be able to attend. 1. Rates and payment methods The price of the sessions for the current year is defined on the site https://vaumartin.fr. In order to benefit from a booking purchased on the site, 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 cancellation of a session, the session will be considered as performed. Except in cases of force majeure provided for by French jurisdiction. In the event of non-presentation at a purchased session, the session will be considered as performed. In the event of cancellation of a session purchased more than 36 (thirty-six) hours in advance, the session will be rescheduled by les destriers de vaumartin. les destriers de vaumartin reserves the possibility of updating the price of the service when subscribing to a new booking. Prices are displayed in euros (€). They include the booking. 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 can 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 cannot, 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 the sessions or advice provided by it; (iii) if the Client does not respect the commitments they make and guarantees they give 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) cannot be subject to compensation from 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 due to their 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 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" law 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, oppose the processing of data concerning them. The Client may also oppose the use of their personal data for commercial communication purposes by email by using the ad hoc link that appears on each email 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 the commercial offers of les destriers de vaumartin, affiliated companies, or partners. 1. Images The Client must indicate whether they accept that their image be used by les destriers de vaumartin, and, if applicable, sign the copy of the image rights authorization. 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 express prior written authorization of les destriers de vaumartin. ARTICLE 7 - CUSTOMER SERVICE The satisfaction of its clients is a constant concern of 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 Telephone: 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 or non-execution, interruption, or termination of the Contract will be submitted to mediation in accordance with the mediation regulations of the CMAP – Paris Mediation and Arbitration Center – near the Paris Ile-de-France Chamber of Commerce and Industry, of which the Parties have been made aware and to which they declare to adhere. In the event of a failure of the mediation, the disputes will be brought before the competent French courts. ARTICLE 9 - MISCELLANEOUS Any modification of the legislation or regulations in force, or any decision of 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 stipulations of which will retain all their force and scope. Such a modification or decision does not in any way authorize Clients to disregard these general terms and conditions of sale. The fact that les destriers de vaumartin does not avail itself, at a given time, of any of the clauses of the Contract, cannot be interpreted as a waiver of availing itself of them subsequently. The general terms and conditions of sale can be consulted on the Site and can be modified at any time at the discretion of les destriers de vaumartin without any formality other than their posting online; only the latest version will be applicable.

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