1. About us
The company MOVIN’SMART, SAS, with a capital of 40 000 euros, whose head office is at MEYREUIL (13560) 100 Impasse des Houillères Le Pontet FRANCE, registered with the trade and companies register of AIX-EN-PROVENCE under the number 833 487,432 represented by Mr Michel LAURENT in his capacity as Chairman (hereinafter the “Company”).
The Company offers the following services: the design, development and operation of monitoring devices for the physical activity of the horse and rider / the provision of services in the fields of equestrian and equine activities, to improve the training, the performance and the health of the animal for its valorization in particular / the conception, the development, the edition, the exploitation of softwares, multimedia applications, the activity of collection, treatment, of exploitation and commercialization of data resulting from these devices, the negotiation of licenses and more generally any intellectual property right, the taking, the acquisition, the exploitation or the transfer of all brands, processes and patents, and more largely of any intellectual property right relating to these activities: the direct or indirect participation of the Company in any financial activities or operations res, real estate or securities, in France or abroad, in any form whatsoever, and in all commercial or industrial enterprises that may be related to the corporate purpose or all similar, related or complementary objects.
The Company invites its Users to carefully read these General Conditions of Sale and Use (hereinafter the “GCS / GCU”). The GCS / GCU apply to all Services provided by the Company to its Customers of the same category, regardless of the clauses that may be listed on the Customer’s documents and in particular its general conditions of purchase.
The GCS / GCU are systematically communicated to the Customer who requests it.
The Customer is required to read the GCS / GCU before placing an Order.
In the event of a later modification of the GCS / GCU, the Customer is subject to the version in force at the time of his Order.
The data recorded in the Company’s computer system constitutes proof of the transactions concluded with the Customer.
“Customer” means any natural or legal person who places an Order on this Website ;
“Order” means any order placed by the User registered on this Site, in order to benefit from the Services of the Company ;
“General Conditions of Sale and Use” or ” GCS / GCU ” means these general conditions of sale and use online ;
“Consumer” means the natural person purchaser who does not act for professional needs and / or outside his professional activity ;
“Professional” means the buyer who is a legal or natural person acting in the course of his professional activity ;
“Services” means all services offered to Users by the Company through this Site ;
“Site” means this Site, that is www.movinsmart.com
“Company” means the MOVIN’SMART Company,
“User” means any person who uses the Site.
Registration on the Site is open to all legal entities or physical majors and enjoying their full personalities and legal abilities.
The use of the services offered on the Site is subject to the registration of the User on the Site. Registration is free.
To proceed with registration, the User must complete all the required fields, without which the service can not be delivered. Failing registration can not be completed.
Users guarantee and declare on their honor that all the information communicated on the Site, in particular during their registration, is accurate and in conformity with reality. They undertake to update their personal information from the page dedicated to them and available in their account.
Any registered user has a username and password. These are strictly personal and confidential and should in no case be the subject of a communication to third parties on pain of deletion of the account of the offending registered User. Each registered User is personally responsible for maintaining the confidentiality of his username and password. The Company will in no way be held responsible for the identity theft of a User. If a User suspects fraud at any time, he must contact the Company as soon as possible so that the latter can take the necessary measures and regularize the situation.
Each User, whether a legal person or a physical person, may only hold an account on the Site.
In case of non-compliance with the GCS / GCU, including the creation of multiple accounts for a single person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the ‘Registered user offending.
The deletion of the account entails the definitive loss of all the benefits and services acquired on the Site. However, any Order made and billed by the Site before the deletion of the account will be executed under normal conditions.
In case of deletion of an account by the Company for breach of the duties and obligations stated in the GCS / GCU, it is formally forbidden for the offending User to re-register on the Website directly, through another e-mail address. or by an intermediary without the express authorization of the Company.
Each User has the right to terminate the use of MOVINSMART products and services at any time via the settings of his account. The Company will confirm this termination with respect to the user.
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for the sales in store or by means of other channels of distribution and marketing.
They are accessible on the website www.movinsmart.com and will prevail, if necessary, on any other version or any other contradictory document.
The Company and the Customer agree that these terms and conditions govern exclusively their relationship. The seller reserves the right to modify his general conditions.
They will be applicable as soon as they are posted online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the Company to the Client, from the website www.movinsmart.com.
These conditions apply only to orders made by Customers located in France and delivered exclusively on French territory.
The Customer declares to have taken knowledge of the present general conditions of sale and use and to have accepted them before his immediate purchase or the placing of his order. In this respect, they are opposable in accordance with the terms of Article 1119 of the Civil Code.
7. Precontractual informations
7.1 The Customer acknowledges having received notice, before the placing of his order and the conclusion of the contract, in a readable and understandable way, these general conditions of sale and all the information listed in Article L. 221-5 of the code of consumption.
7.2 The following information is transmitted to the Customer in a clear and comprehensible manner:
- the essential characteristics of the good or service;
- the price of the good or service;
- all additional costs of transport, delivery or postage and any other costs;
- in the absence of immediate execution of the contract, the date or the deadline at which the service provider undertakes to deliver the goods or to perform the service, regardless of its price;
- information relating to the identity of the service provider, to his postal, telephone and electronic contact details, and to his activities, those relating to legal warranties, the functionalities of the digital content and, where appropriate, its interoperability, the existence of and the terms of implementation of the guarantees and other contractual conditions.
7.3 The Company communicates to the Customer the following informations:
- his name or corporate name, the geographical address of his establishment and, if different, the address of the head office, his telephone number and his e-mail address;
- the terms of payment, delivery and performance of the contract, as well as the procedures provided by the professional for the processing of claims;
- in the event of sale, the existence and the conditions of exercise of the legal guarantee of conformity envisaged in articles L. 217-1 and following of the code of the consumption, the guarantee of hidden defects provided for in articles 1641 and s. of the civil code, as well as, where applicable, of the commercial guarantee and the after-sales service respectively referred to in Articles L. 217-15 and L. 217-17 of the Consumer Code;
- the duration of the contract, when it is concluded for a fixed term, or the conditions of its termination in the case of a contract of indefinite duration.
Any Order can be made only when the User has registered on the Site. The User, when logged into his account, can add Services to his virtual cart. He can access the summary of his virtual cart in order to confirm the Services he wishes to order and carry out his Order by pressing the “Order” button.
In case of unavailability of a product ordered, the Customer will be informed by email.
He must then enter his address, the method of delivery and a valid payment method to finalize the order and form effectively the sales contract between him and the Company.
The registration of an Order on the Site is made when the Customer accepts the GCS / GCU by checking the box provided for this purpose and validates the Order. This validation constitutes proof of the sales contract. The finalization of the Order implies the acceptance of the prices and terms of performance of the services as indicated on the Site.
Once the Order has been placed, the Customer will receive confirmation by email. This confirmation will summarize the Order and information relating to the performance of the service (s).
The sale will be considered final:
- after the sending to the Customer of the confirmation of the acceptance of the order by the Company by email;
- and after receipt by the Company of the full price.
Any order implies acceptance of prices and descriptions of products available for sale.
In the event of payment default, incorrect Customer address or other problem on the Customer’s account, the Company reserves the right to block the Customer’s order until the problem is resolved. If unable to perform the service, the Customer will be informed by email to the address he has provided to the Company. The cancellation of the order of this service and its refund will be made in this case, the rest of the order remaining firm and final.
In case of cancellation of an Order accepted by the Company less than 8 days before the scheduled date of supply of the Service for reasons other than a case of force majeure, the Company reserves the right to retain 10% of the amount net of tax of the Order as damages and interest in compensation for the damage suffered.
The Company may grant the Customer discounts, discounts and rebates depending on the number of Services ordered or on the basis of regular orders, according to the conditions set by the Company.
For any question relating to the follow-up of an order, the Customer must write to the email address: firstname.lastname@example.org
9. Electronic signature
The online provision of the Client’s credit card number and the final validation of the order will be proof of the Customer’s agreement:
- payment of sums due under the purchase order,
- signature and express acceptance of all the operations carried out.
10. Service and price
The Services subject of the GCS / GCU are those which appear on the Website and which are offered directly by the Company.
The services are described on the corresponding page within the Site and mention is made of all their essential characteristics. The Company can not be held responsible for the impossibility of realizing this service when the User is not eligible.
When a Registered User wishes to obtain a service sold by the Company through the Site, the price indicated on the page of the service corresponds to the price in euros all taxes included and takes into account the reductions applicable and in force the day of the Order. The quoted price does not include the incidental expenses which will be indicated if necessary in the recapitulative before placing order.
The Company reserves the right to modify its rates at any time. It undertakes to invoice the services at the rate applicable at the time of their Order. For services whose price can not be known a priori or indicated with certainty, a detailed estimate will be sent to the Customer.
Under no circumstances will a User be able to demand the application of discounts no longer in effect on the day of the Order.
11. Deadlines and payment terms
Unless otherwise specified, all sales are paid in cash at the time of placing the Order.
Depending on the nature or amount of the Order, the Company remains free to demand a deposit or payment of the full price when placing the Order or upon receipt of the invoice.
Payment can be made by credit card.
In the event of total or partial non-payment of the services on the date agreed upon on the invoice, the Professional Client must pay the Company a late payment penalty at a rate equal to the rate charged by the European Central Bank for its increased refinancing operation. by 10 percentage points. The financing transaction chosen is the most recent at the date of the Ordering of the Services. In addition to the late payment, any sum, including the deposit, not paid on its due date will automatically produce the payment of a fixed compensation of 40 euros due for recovery costs.
In the event of total or partial non-payment of the services on the date agreed upon on the invoice, the Consumer Client must pay the Company a late payment penalty at a rate equal to the legal interest rate. No compensation may be made by the Customer between late penalties in the provision of services ordered and amounts owed by the Client to the Company for the purchase of Services offered on the Site.
The penalty payable by the Customer, Professional or Consumer, is calculated on the amount inclusive of all taxes of the remaining amount due, and runs from the date of expiry of the price without any prior notice being required.
In case of non-compliance with the terms of payment described above, the Company reserves the right to cancel or suspend the sale.
12. Realization of services
The provision of services ordered on the Site will be provided by: The Company
The Company undertakes to implement all human and material resources to carry out the service within the deadlines announced when placing the Order. However, it can in no way be held responsible for delays in the performance of services caused by fault attributable to it.
If the services have not been performed within the deadline, the resolution of the sale may be requested by the Customer under the conditions provided for in Articles L138-2 and L138-3 of the Consumer Code. The sums paid by the Client will be refunded at the latest within fourteen days of the date of termination of the contract.
This provision does not apply when the delay of the Company is due to a fault of the Customer or to a case of force majeure, ie to the occurrence of an unforeseeable event, irresistible and independent of the will of the Society.
In the case where the execution of a physical service could not have been carried out or would have been postponed due to an error on the address indicated by the Customer, the travel expenses of the service provider mandated by the Company to realize the unsuccessful service will be the responsibility of the Customer.
For all Orders made on this Site, the Customer has a right of complaint of 20 days from the provision of the Service.
To exercise this right of complaint, the Customer must send to the Company, at the address email@example.com, a declaration in which he expresses his reserves and claims, accompanied by supporting documents relating thereto.
A complaint that does not comply with the conditions described above can not be accepted.
After examination of the claim, the Site may replace or refund the services as soon as possible and at its expense.
14. Right of withdrawal of the Consumer
The Consumer has a right of withdrawal of 14 working days from the delivery of the Order, except for the products mentioned in article L121-21-8 of the Consumer Code as reproduced below:
Le droit de rétractation ne peut être exercé pour les contrats :
1° De fourniture de services pleinement exécutés avant la fin du délai de rétractation et dont l’exécution a commencé après accord préalable exprès du consommateur et renoncement exprès à son droit de rétractation ;
2° De fourniture de biens ou de services dont le prix dépend de fluctuations sur le marché financier échappant au contrôle du professionnel et susceptibles de se produire pendant le délai de rétractation ;
3° De fourniture de biens confectionnés selon les spécifications du consommateur ou nettement personnalisés ; 4° De fourniture de biens susceptibles de se détériorer ou de se périmer rapidement ;
5° De fourniture de biens qui ont été descellés par le consommateur après la livraison et qui ne peuvent être renvoyés pour des raisons d’hygiène ou de protection de la santé ;
6° De fourniture de biens qui, après avoir été livrés et de par leur nature, sont mélangés de manière indissociable avec d’autres articles ;
7° De fourniture de boissons alcoolisées dont la livraison est différée au-delà de trente jours et dont la valeur convenue à la conclusion du contrat dépend de fluctuations sur le marché échappant au contrôle du professionnel ;
8° De travaux d’entretien ou de réparation à réaliser en urgence au domicile du consommateur et expressément sollicités par lui, dans la limite des pièces de rechange et travaux strictement nécessaires pour répondre à l’urgence ;
9° De fourniture d’enregistrements audio ou vidéo ou de logiciels informatiques lorsqu’ils ont été descellés par le consommateur après la livraison ;
10° De fourniture d’un journal, d’un périodique ou d’un magazine, sauf pour les contrats d’abonnement à ces publications ;
11° Conclus lors d’une enchère publique ;
12° De prestations de services d’hébergement, autres que d’hébergement résidentiel, de services de transport de biens, de locations de voitures, de restauration ou d’activités de loisirs qui doivent être fournis à une date ou à une période déterminée ;
13° De fourniture d’un contenu numérique non fourni sur un support matériel dont l’exécution a commencé après accord préalable exprès du consommateur et renoncement exprès à son droit de rétractation.
The products must however be returned in their original packaging and in perfect condition within 21 days of notification to the Company of the Customer’s decision to withdraw.
Returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their remarketing in new condition, accompanied by the invoice.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on the website www.movinsmart.com. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.
In case of exercise of the right of withdrawal within the aforementioned period, are refunded the price of the product (s) purchased (s) and the delivery costs are refunded.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Company, the products returned by the Customer under the conditions provided above.
To exercise this right of withdrawal, the Consumer sends a declaration to the address: firstname.lastname@example.org. However, if the provision of services has already begun on the date of acknowledgment of the retraction by the Company, the value corresponding to the service already provided will be deducted from the refund. The latter will be operated by the same means of payment as for the purchase.
15. Force majeure
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and shall lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, beyond the control of the parties and can not be prevented by them, despite all efforts reasonably possible. Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to review the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.
16. Processing of personal data
The registration on the Site entails the processing of the Customer’s personal data. If the Customer refuses the processing of his data, he is asked to abstain from using the Site.
This processing of personal data is done in compliance with the General Regulation on Data Protection 2016/679 of 27 April 2016.
Moreover, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right to question, access, rectify, modify and oppose all of its personal data by writing, by post and giving proof of identity, to the following address : email@example.com.
This personal data is necessary for the processing of the Order and the preparation of its invoices, as the case may be, as well as for improving the functionality of the Site.
17. Protection of personal data
The Company ensures a level of security that is appropriate and proportional to the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
However, these measures are in no way a guarantee and do not commit the Company to an obligation of result regarding the security of the data.
17.1 Collection of personal data
The personal data collected on the Site are as follows:
When creating the user’s account, his last name, first name, email address and date of birth.
When the user logs on to the Site, the User registers, in particular, his last name, first name, login, usage, location and payment data.
The use of services provided on the Site allows you to enter a profile, which may include an address and a telephone number.
As part of the payment of products and services offered on the Site, it records financial data relating to the bank account or the credit card of the user.
When the Site is used to communicate with other members, the data concerning the user’s communications are subject to temporary retention.
Cookies are used in connection with the use of the Site. The user has the option to disable cookies from his browser settings.
To enable its Users to benefit from an optimal navigation on the Site and a better functioning of the different interfaces and applications, the Company may place a cookie on the User’s computer. This cookie makes it possible to store information relating to the navigation on the Site, as well as any data entered by the Users (including searches, login, email, password).
The User expressly authorizes the Company to deposit on the hard disk of the user a so-called “cookie” file.
The User has the option to block, modify the retention period, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the User’s browser prevents him from using certain services or features of the Site, this malfunction can not in any way be a prejudice to the member who can not claim any compensation as a result.
17.2 Use of personal data
The personal data collected from users are intended to provide the Site’s services, improve them and maintain a secure environment. Specifically, the uses are:
- access and use of the Website by the user;
- management of the operation and optimization of the Site;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of the data transmitted by the user;
- offer the user the opportunity to communicate with other users of the Site;
- implementation of a user assistance;
- customization of services by displaying advertisements based on the user’s browsing history, according to his preferences;
- prevention and detection of fraud, malware (malicious softwares or malware) and security incident management;
- management of any disputes with users;
- sending commercial and advertising information, according to the preferences of the user.
17.3 Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses payment services, for the implementation of these services, the Site is in contact with third-party banking and financial companies with which it has entered into contracts;
- when the user publishes, in the free comment areas of the Site, information accessible to the public;
- when the user authorizes the website of a third party to access his data;
- when the Site uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data, in connection with the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations regarding the protection of personal data;
- if required by law, the Site may transmit data to respond to claims against the Site and comply with administrative and judicial procedures;
- if the Site is involved in a merger, acquisition, asset transfer or bankruptcy procedure, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed before the personal data are transferred to a third party.
17.3 Transfer of personal data
Due to the organization of the company responsible for the Site, within an international group, the user authorizes the Site to transfer, store and process its information in the United States. Laws in this country may differ from applicable laws in the user’s place of residence within the European Union. By using the Site, the user consents to the transfer of his personal data to the United States.
The Site remains responsible for personal data that is shared with third parties under the Privacy Shield.
The Site complies with the Privacy Shield, a data protection shield between the European Union and the United States, as formulated by the US Department of Commerce relating to the collection, use and retention of personal data. transferred to the United States from the European Union. The Site has told the US Department of Commerce that it adheres to the Privacy Shield principles. In the event of a conflict between the terms of the clause and Privacy Shield principles, the latter will prevail.
17.4 Security and confidentiality
The Site implements organizational, technical, software and physical security measures for the protection of personal data against unauthorized alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the Site can not guarantee the security of the transmission or storage of information on the internet.
17.5 Implementation of user rights
In application of the regulations applicable to personal data, users have the following rights:
- they can update or delete the data that concerns them by logging into their account and configuring the settings of this account;
- they can delete their account, by writing to the following email address: firstname.lastname@example.org. It should be noted that information shared with other users, such as forum posts, may remain visible to the public on the Site, even after the deletion of their account;
- they can exercise their right of access, to know the personal data concerning them, by writing to the following email address: ….. (to be completed). In this case, prior to the implementation of this right, the Site may request proof of the identity of the user to verify its accuracy;
- if the personal data held by the Site are inaccurate, they may request the update of information, by writing to the following email address: email@example.com;
- users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: firstname.lastname@example.org.
17.6 Evolution of this clause
The Site reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the Platform undertakes to publish the new version on its website. The Site will also inform users of the change by email, within a minimum of 15 days before the effective date. If the user does not agree with the terms of the redrafting of the personal data protection clause, he has the option to delete his account.
18. Computers and Freedoms
The nominative data provided by the buyer are necessary for the processing of his order and the preparation of invoices.
They can be communicated to the vendor’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website ….. (specify the website) has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the conditions defined on the website www.movinsmart.com
The Company reserves the right to modify the Site, the services offered therein, the GCS / GCU as well as any delivery procedure or other component of the services provided by the Company through the Site..
When placing an Order, the User is subject to the stipulations set out in the GCS / GCU in effect when placing the Order.
The Company can in no way be held responsible for the unavailability, whether temporary or permanent, of the Website and, although it implements all means to ensure the service at all times, it is possible that it is interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation.
As previously mentioned herein, the Company can not be held liable for delays in performing a service for reasons beyond its control, beyond its control, unforeseeable and irresistible, or whose fault can be attributed to him.
21. No Waiver
If one or more stipulations of the present general conditions are held for invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their reach.
The fact for one of the parties not to claim a breach by the other party to any of the obligations referred to in these terms and conditions can not be interpreted for the future as a waiver of the obligation in question.
23. Intellectual property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole owner of the intellectual property rights to this content.
The brand, the logo, and the graphic charter of this Site are trademarks registered with the INPI and works protected by intellectual property, the property of which is the exclusive property of the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete without the express authorization of said company, will expose the violator to civil and criminal prosecution.
Users undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute a forgery offense.
24. Jurisdiction clause
The law governing the GCS / GCU is French law. Any dispute that may arise between the Company and a User during the execution of the present will be the subject of an attempt to resolve amicably. Otherwise, the disputes will be brought to the attention of the competent courts of common law.
The Client is informed that he can resort to a conventional mediation, with the Consumer Mediation Commission provided for in Article L 534-7 of the Consumer Code or with existing sectoral mediation bodies. It may also use any alternative dispute resolution process in case of dispute.
Since 1 January 2016, all professionals must provide the consumer with the contact details of the competent mediator to whom they report in accordance with the provisions of Article L. 616-1 of the Consumer Code.
ANNEXE 1 – Exemple de formulaire de rétractation
A l’attention de la société MOVIN’SMART, SAS au capital de 40.000 euros dont le siège social est 100 impasse de Houillères Le Pontet F-13590 MEYREUIL immatriculée au Registre du Commerce et des Sociétés d’AIX EN PROVENCE sous le numéro 833 487 432, représentée par Monsieur Michel Laurent en sa qualité de Président, (email@example.com)
Je vous notifie, par la présente, ma rétractation du contrat portant sur : ……………………………………………………………………………………………………………………………………………………….
(indiquer s’il s’agit d’une vente d’un bien ou d’une prestation de service) ci-dessous :
Commandé le : ………………………………………………..
Reçu le : ………………………………………………..
Nom du consommateur : ………………………………………….
Adresse du consommateur : ……………………………………….
Signature du consommateur ……………………………………….