These general terms and conditions of sale are concluded between the simplified joint-stock company Karitale, whose registered office is located at 19 rue du Stade, 30230 Bouillargues, registered with the Nîmes Trade and Companies Register under number 910 513 431 (hereinafter referred to as “Karitale”) and any person, natural or legal, non-professional, wishing to purchase product(s) on the website www.karitale.com (hereinafter referred to as “the buyer”).
Website published by:
The simplified joint-stock company KARITALE
19 rue du Stade, 30230 Bouillargues, France
karitale.produits.chevaux@gmail.com
Tel.: +33 6 99 29 47 06
Registration number with the Nîmes RCS: 910 513 431 00015
Share capital: €60,000
Publication Director: Luce Dejoie
Host of the website www.karitale.com :
OVH Company
Head office: 2 rue Kellermann – 59100 Roubaix, France
Tel. +33 (0)8 99 70 17 61
www.ovh.com
Article 1. Purpose
These general conditions of sale aim to define the contractual relations between Karitale and the buyer and the conditions applicable to any purchase made through the website. www.karitale.com . Access to this website requires an internet connection, the cost of which is the responsibility of the buyer.
The acquisition of a product through this site implies unreserved acceptance by the buyer of these general conditions of sale, which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site www.karitale.com is not directly related to his professional activity and is limited to strictly personal use and on the other hand have full legal capacity, allowing him to commit to these general conditions of sale.
Karitale reserves the right to modify these terms of sale at any time, in order to comply with any new regulations or to improve the use of its site. Therefore, the applicable conditions will be those in effect on the date of the order by the buyer. Karitale will inform the buyer by any means, who must accept the new general conditions of sale in order to complete their purchase.
Article 2. Products
The products offered are those which appear on the site www.karitale.com , within the limits of available stocks on the day of the order. Karitale reserves the right to modify the product assortment at any time. Each product is presented on the website in the form of a description including its main technical characteristics (capacity, use, composition). The photographs are as faithful as possible. The sale of the products presented on the site www.karitale.com is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.
Article 3. Rates
The prices listed on the product catalog sheets on the Karitale website are in Euros (€), all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. Karitale reserves the right to modify its prices at any time, it being understood, however, that the price listed in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, which are invoiced in addition to the price of the products purchased according to the total amount of the order. The amount of these delivery costs is indicated at the time of ordering. In mainland France, for any order greater than or equal to 80 euros including VAT, delivery costs are free.
Article 4. Order and payment terms
Creating a customer account is required to place an order. Certain personal information is required when placing an order. The user agrees to ensure that this information is correct, complete, and up-to-date. Otherwise, Karitale cannot be held liable for any delivery failure or delay due to incomplete or incorrect information.
Secure payment by credit card: the buyer selects the products they wish to order in the "basket", modifies if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer. The next step is to check all the information, read and accept these general terms and conditions of sale by checking the corresponding box, and then invites them to validate their order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the secure interface to securely enter their personal credit card details. If the payment is accepted, the order is registered and the contract is definitively formed. Payment by credit card is irrevocable.
All data provided and the recorded confirmation will constitute proof of the transaction.
Karitale will communicate to the buyer by email confirmation of the registration of his order.
If the buyer wishes to contact Karitale, he can do so either by mail to the following address:
19 rue du Stade, 30230 Bouillargues
either by email to the following address: contact@karitale.com
or by telephone at 06 82 74 59 08.
Article 5. Retention of title
Karitale retains full ownership of the products sold until full payment of the price, including principal, costs and taxes.
Article 6. Delivery
Deliveries are made to the address indicated by the buyer when ordering. Delivery times are given when the order is validated and correspond to the average order processing times. Karitale uses external service providers (carriers, postal services, etc.) for the delivery of products. Karitale cannot be held responsible for the consequences due to a failure or delay in delivery not due to its fault.
Karitale will provide the buyer with the tracking number of their package by email. The buyer will be delivered to the address indicated when ordering by the carrier. If the buyer is absent at the time of delivery, they will receive a delivery notice from the carrier. The risks associated with transport are the responsibility of the seller from the moment the products leave Karitale's premises. The buyer is required to check the condition of the packaging of the goods and their contents upon delivery in the presence of the carrier. In the event of damage during transport, any protest must be made to the carrier within three days of delivery. If an anomaly is found upon delivery of the products, the buyer must notify the carrier by any means, and Karitale (by email at contact@karitale.com ) all reservations within 3 working days of receipt of the product(s). Any claim filed after the deadline cannot be processed.
Delivery costs also include order preparation costs.
In the event of delivery of parcels to a Relay Point for which the shipping costs are free or not, if the buyer does not collect the parcel within the allotted time, the costs of reshipping the parcel will be borne by the buyer.
Any delays by the carrier chosen by the Customer do not give the buyer the right to cancel the sale, refuse the goods or claim damages.
In the event of an error in the delivery address, Karitale cannot be held responsible for the impossibility of delivery. Once the order has been paid for and validated, it is no longer possible to change the delivery address for the order.
Article 7. Withdrawal
7.1. What is the withdrawal period?
The buyer has a period of fourteen working days from receipt of the order to exercise his right of withdrawal, without having to justify it, and thus return the product to Karitale for exchange or refund.
In the event of an order for several products delivered separately, the withdrawal period starts from receipt of the last product.
The exercise of this right of withdrawal must be done by email to contact@karitale.com , for example using the standard form below. The buyer must return the product(s) concerned to the following address:
Karitale, 19 rue du Stade, 30230 Bouillargues
within fourteen (14) days of having informed Karitale of his request for withdrawal by email to contact@karitale.com . Upon receipt of the product(s), Karitale will (i) either reimburse the buyer the price of the product(s) purchased, including delivery costs, within 14 days; the cost of returning the product(s) will be borne by the buyer, (ii) or exchange the product(s) of equivalent value.
Products must be returned in their original condition, unopened, complete and properly protected, in their original packaging in perfect condition (packaging, accessories, instructions, etc.) to allow them to be resold by Karitale. In the event of receipt of opened, used, incomplete, damaged or soiled products, Karitale will not make any refund or exchange.
The return of the product is made at the buyer's risk. If the package is lost, stolen, or damaged during the return process, Karitale reserves the right to refuse a refund for the returned product(s).
In the event of a product return, subject to Article L.221-28 of the French Consumer Code, reproduced below, and verification of the condition of the returned products, Karitale will reimburse the buyer. The refund will be made using the same payment method used by the buyer to pay for the order.
7.2. In which cases cannot I withdraw?
In accordance with Article L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised in the following cases:
“5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items (…)”.
7.3. How can I exercise my right of withdrawal?
The buyer must inform Karitale of his intention to withdraw either by completing the standard form below or by sending a clear and precise request to this effect.
Standard withdrawal form:
I, the undersigned ______, hereby notify you of my withdrawal from the contract for the sale of the product below:
Product name:
Date of order and receipt:
Order number:
Withdrawal request tracking number:
Buyer Name:
Buyer's address:
Buyer's signature:
Date :
Products must be returned at the buyer's expense to the following address:
Karitale, 19 rue du Stade, 30230 Bouillargues
Here it is also in PDF format: Withdrawal form .
Article 8. Warranty
All products supplied by Karitale are covered by legal guarantees. In the event of non-conformity of a product sold or a hidden defect, it may be returned to Karitale, which will exchange or refund it depending on the buyer's wishes, availability, and value of the products. All requests must be made by registered mail to the following address: Karitale, 19 rue de Stade, 30230 Bouillargues.
8.1. You benefit from the legal guarantee of conformity
Karitale is liable for any lack of conformity of the product existing at the time of delivery, in accordance with the provisions of Articles L.217-4 et seq. of the Consumer Code.
In this respect, the buyer:
– has a period of 2 years from delivery of the product to take action;
– in the event of a lack of conformity, the buyer chooses between repair and replacement of the product.
However, Karitale may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate compared to the other method, taking into account the value of the product or the significance of the defect. Karitale is then required to proceed, unless impossible, according to the method not chosen by the buyer.
8.2. You benefit from the legal guarantee against hidden defects
You also benefit from a legal guarantee against hidden defects in the item sold, in accordance with articles 1641 et seq. of the Civil Code.
These are hidden defects in the product sold which make it unfit for the use for which it is intended, or which reduce this use so much that you would not have acquired it, or would have paid a lower price for it, if you had known about them.
This action must be taken within 2 years of the discovery of the defect.
The main applicable texts are:
L.217-4 Consumer Code
"The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or carried out under his responsibility."
L.217-5 Consumer Code
“The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
L.217-9 Consumer Code
"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. 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 option, taking into account the value of the goods or the extent of the defect. He is then required to proceed, unless this is impossible, according to the option not chosen by the buyer."
L.217-12 Consumer Code
“The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.”
1641 of the Civil Code
"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known of them."
1648 of the Civil Code
“The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. […]”
Article 9. Liability
Karitale shall not be held liable under any circumstances for any loss or damage due to improper use of the product(s) by the buyer, including in particular any modification or alteration of the product(s) not authorized by Karitale.
Article 10. Force majeure
In the event of the occurrence of a force majeure event within the meaning of Article 1218 of the Civil Code, the party concerned must inform the other within fifteen (15) days of the occurrence of this event.
All obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
Article 11. Intellectual Property
All elements of the site www.karitale.com are and remain the intellectual and exclusive property of Karitale. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photos, logos, visuals, text or other, under penalty of counterfeiting.
Article 12. Personal data
Karitale is committed to complying with regulations and legislation on personal data law according to the confidentiality policy accessible here.
Article 13. Dispute
In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.612.2 of the Consumer Code, has the option of submitting a request for amicable resolution by mediation, within a period of less than one year from the date of his written complaint to the professional.
KARITALE designated, by membership registered under number 53627/VM/2409 there SAS Mediation Solution as a consumer mediation entity.
To contact the mediator, the consumer must formulate their request:
– Either in writing to: Sas Médiation Solution – 222 chemin de la bergerie 01800 Saint Jean de Niost
– Either by email to: contact@sasmediationsolution-conso.fr
– Either by completing the online form entitled “Contact the mediator” on the website https://www.sasmediationsolution-conso.fr
Whatever the means of referral used, the request must imperatively contain:
– The applicant’s postal, telephone and electronic contact details,
– The name, address and registration number with Sas Médiation Solution of the professional concerned,
– A brief statement of the facts,
– Copy of the prior complaint,
– All documents enabling the processing of the request (purchase order, invoice, proof of payment, etc.)
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating independent out-of-court settlement of online disputes between consumers and traders in the European Union. This platform is accessible via the following link: https://ec.europa.eu/consumers/odr/
