TERMS AND CONDITIONS OF USE
The SECF (the French Association for Horse-Breeding) does not guarantee, under any circumstances, the sale of "French Trotters" resulting from the classified ads section on the www.cheval-francais.com Web site. Its role is restricted to providing a sale and purchasing tool for owners of "French Trotters" throughout the world; it plays no role whatsoever in the transaction and cannot provide any guarantee regarding the condition of horses advertised or the correct conclusion of transactions. Information in this section is binding only for the advertiser.
GENERAL TERMS AND CONDITIONS OF THE WWW.CHEVAL-FRANÇAIS.COM CLASSIFIED ADS SECTION
The classified ads section of the www.cheval-francais.com Web site (hereafter referred to as "Classified Ads Section") is intended for advertisers (hereafter referred to as the "Advertiser") to place advertisements (hereafter referred to as "Advert" or "Adverts") for the sale of horses of the "French Trotter" breed (hereafter referred to as "Horse" or "Horses").
By clicking on the Classified Ads Section, Advertisers and Users agree to the stipulations set down in these General Terms and Conditions.
The SECF reserves the right to modify, at any time, these General Terms and Conditions by posting a new version online and thus invites Advertisers and Users to refer regularly to the latest version of the General Terms and Conditions. Modifications take effect immediately after being posted.
ARTICLE 1 - CONDITIONS PRECEDENT TO PLACING ADVERTS
ARTICLE 2 - PLACING ADVERTS ONLINE
- 1.1. The Advertiser is imperatively the owner, or co-owner of the Horse, or specifically authorised by such person to enter into contract (hereafter referred to as "Contract" or "Contracts") with the SECF, such contract being to place an Advert online.
If the Advert is placed by an authorised agent, the owner or co-owners of the Horse for sale shall notify the SECF of the role and identity of the authorised agent.
- 1.2. The Advertiser must be capable, in terms of French law, of entering into a contract of sale.
- 1.3. The Advertiser shall send SECF the content of his Advert using a form obtained or downloaded from the Classified Ads Section, duly filled in, which he shall return to the SECF, if necessary along with the fee (hereafter referred to as "Fee").
The Advertiser declares on honour to the SECF that the information provided on the form and to be contained in the Advert is exact and true.
- 1.4. Other documents, such as photographs, may be sent with the Advert wording; they shall not be returned after being placed online.
However, the SECF reserves the right to choose not to place online any document it considers to be overloaded or of poor quality.
- 1.5. The Advert shall only be put online if the Advertiser provides his complete contact details (last name, first name, postal address and, wherever possible, e-mail address, landline, mobile and fax number).
- 1.6. In the interest of respecting its graphical identity, editorial policy and/or deontology, or to facilitate sorting or classifying the Advert, the SECF reserves the option to make modifications to its presentation, without changing the sense or vital information provided by the Advertiser.
- 1.7. The SECF reserves the right to refuse to place any Advert online that contravenes public order, good character, or its moral interest, or whose content is clearly illicit.
The SECF can exercise this right without providing justification for its refusal.
Exercising this right shall result in the Fee being redeemed by return post if such Fee has already been banked by the SECF or if a bank or postal check payment has not yet been banked.
- 1.8. It is forbidden to put logos or brand photographs online.
ARTICLE 3 - SECF ROLE LIMITATIONS
- 2.1. Once the Advert has been paid for, the Advertiser cannot opt out.
- 2.2. The Advert will be placed online as soon as the Fee paid by the Advertiser has been banked, according to the conditions and modalities stated in article 5 of these General Terms and Conditions.
The Advertiser will be informed by letter or e-mail of the date on which his Advert will go online.
- 2.3. The Contract is valid from the moment the Advert is placed online.
Once the Advert is online, it cannot be removed, except in the case stipulated in paragraph 2.6 below.
- 2.4. The Advertiser undertakes to check the text of his Advert as soon as it is placed online and to notify the SECF within forty-eight (48) hours from that time, by recorded delivery letter with acknowledgement of receipt, of any error or omission that he wants to correct.
The SECF undertakes to correct any error or omission thus informed immediately.
- 2.5. The Advert will stay online for three weeks (except for promotional periods).
The Advertiser will be informed by letter or e-mail of the date on which his Advert is to be taken offline.
- 2.6. If an advertised Horse is sold, the Advertiser undertakes to inform, quickly, the SECF of the aforementioned conclusion of sale by recorded delivery letter with acknowledgement of receipt.
As soon as the SECF receives this notification, it shall remove the Advert from the Classified Ads Section.
However, the Fee paid will remain entirely payable to the SECF, without any reimbursement from the SECF.
ARTICLE 4 - SECF RESPONSIBILITY LIMITATIONS
- 3.1. Within the framework of the Classified Ads Section, the SECF is only a simple service provider allowing Advertisers to be put in contact with Users, or potential buyers of Horses, via the Adverts it places online in the Classified Ads Section.
- 3.2. The role of the SECF in the Classified Ads Section is thus strictly restricted to placing Adverts online.
- 3.3. The SECF plays no role whatsoever in the Horse sales contracts that may be entered into following on from agreements exchanged between an Advertiser and a User.
ARTICLE 5 - PAYMENT OF FEE
- 4.1. The SECF does not carry out any checks as to the capacity of Advertisers to sell the Horses advertised, or the capacity of Users to buy the Horses in question. Responsibility belongs to the Advertisers and Users concerned.
Advertisers and Users are therefore solely responsible, to the exclusion of the SECF, for any injurious situation that may result from one or other of the two parties being unable to enter into a contract regarding the sale or purchase of a Horse.
- 4.2. The SECF does not carry out any checks regarding the truthfulness, accuracy, completeness or relevance of the Adverts' contents. The Advertisers are solely responsible for any injurious situation that may result from failing to provide truthful, accurate, complete or relevant information in the Adverts.
- 4.3. The SECF does not carry out any checks as to the qualities, characteristics or state of health of the Horses mentioned in the Adverts. The Advertisers are solely responsible for any injurious situation that may result from any defect or failure to conform of the Horses mentioned in the Adverts.
- 4.4. The Advertisers are solely responsible, to the exclusion of the SECF, for any injurious situation to any third party, be they a natural or legal person, governed by public or private law, that may result from their Adverts placed online.
Advertisers guarantee the SECF, and any company having played a role in placing their Adverts online, against any conviction that may be pronounced against them due to or related to placing their Adverts online.
- 4.5. The Advertisers are solely responsible, to the exclusion of the SECF, for any infringement of the rights of third parties that may result from placing documents online, particularly photographs, in connection with their Adverts, that may be subject to intellectual property rights.
- 4.6. The SECF declines all responsibility:
- for any interruption to the online placing of Adverts on the Classified Ads Section due to technical maintenance operations or the updating of published information;
- for any temporary failure to access the Classified Ads Section due to technical problems, whatever their cause;
- for any direct or indirect damages caused to Advertisers and Users resulting from the content, access or use of the Classified Ads Section;
- for any abnormal or illicit use of the Classified Ads Section.
ARTICLE 6 - INTELLECTUEL PROPERTY RIGHTS
ARTICLE 7 - PROTECTION OF PRIVATE DATA
- 6.1. All of the elements making up or appearing in the Classified Ads Section, in particular Adverts, text, graphics, software, photographs, pictures, videos, sounds, maps, names, logos, creations, protectable items or databases, as well as the Classified Ads Section itself, are governed by French and international intellectual property laws.
Elements making up or appearing in the Classified Ads Section are the exclusive property of the SECF, with the exception of elements made by external service providers who have not assigned their intellectual property rights to the SECF.
- 6.2. Advertisers and Users undertake not to:
- reproduce, for commercial reasons or otherwise, the elements making up or appearing in the Classified Ads Section, including using them on another site,
- copy the elements making up or appearing in the Classified Ads Section to any medium whatsoever that would make it possible to reconstruct all or part of the original file.
- 6.3. Any full or partial representation or reproduction of the elements making up or appearing in the Classified Ads Section that has not been specifically authorised is a violation of the copyrights of the SECF or the external service providers holding the rights for these elements and thus an infringement engaging the public and penal liability of the author of such representation or reproduction.
The same applies to the translation, adaptation, transformation, composition or reproduction using any kind of artwork or process.
6.4. The SECF is the producer of the database established from the Classified Ads Section, within the meaning of articles L. 341-1 and following of the intellectual property Code.
Any extraction or use of the database that has not been specifically authorised may engage the public liability of its author.
- 6.5. Placing hyperlinks on a site to the Classified Ads Section requires the prior agreement of the SECF.
ARTICLE 8 - APPLICABLE LAW, COMPETENT JURISDICTION
- 7.1. The www.cheval-francais.com Web site, on which the Classified Ads Section is hosted, was registered with the French Data Protection Authority (CNIL) on 31st December, 2001 under the number.
- 7.2. Information given to the SECF by Advertisers and Users of the Classified Ads Section, which is used to directly or indirectly identify them, is essential to process their orders and to ensure the Classified Ads Section functions correctly.
Under Act 78-17 of 6th January 1978, known as the Data Processing, Data Files and Individual Liberties Act, this information is considered as personal data (hereafter referred to as "Personal Data").
- 7.3. Compulsory Personal Data is marked with an asterisk (*).
Failure to enter Personal Data marked with an asterisk will result in the Advertiser's or User's request not being processed.
- 7.4. Advertisers and Users undertake to make sure that their Personal Data:
- is correct and true;
- does not infringe any copyrights, patent rights, brand rights, trade secrets, any other intellectual property rights or disturb the private life of a third party;
- does not infringe any law or regulation;
- is not defamatory, libellous or slanderous;
- is not discriminatory or does not incite violence, racial, religious or ethnic hate;
- does not contain any obscenities;
- does not contain any computer programs aiming to damage or clandestinely intercept any computer system, data or nominative information.
- 7.5. Advertisers and Users can, at any time, ask the SECF to correct, add to, update, block or delete incorrect, incomplete, ambiguous or out-of-date data, or data that it is forbidden to collect, use, communicate or keep.
his right must be exercised in writing by letter or e-mail to the SECF.
However, any request to correct, add to, update, block or delete data that would result in preventing the identification of an Advertiser or User shall automatically result in all Adverts or messages placed on the Classified Ads Section by such person being deleted.
ARTICLE 9 - INFORMATION PERTAINING TO THE CLASSIFIED ADS SECTION
- 8.1. These General Terms and Conditions are subject to French law.
- 8.2. The Law Courts of the registered office of the SECF shall alone have the competency to hear any claim or dispute that may arise in relation to the interpretation or application of these General Terms and Conditions or Contracts that are subject to French law.
The Classified Ads Section is part of the www.cheval-francais.com Web site, published by the SECF, an association governed by the law of 1st July 1901 and the decree 97-456 of 5th May 1997 pertaining to horse racing and pari mutuel companies and having its head office at 7 rue d'Astorg - 75008 Paris, France, represented by its Chairman, Mr Dominique de Bellaigue.
The e-mail address for the SECF is:
The Publications Director of the www.cheval-francais.com Web site is the Chairman of the SECF.
The www.cheval-francais.com Web site is hosted by Oléane - France Telecom.
The SECF was alerted on fraudulous attempts concerning some transactions.
So-called potential buyers propose a payment higher than the agreed price with a cheque which cannot be honoured. Greatest vigilance is thus advised with those wishing to sell their horses and it is recommended to claim the payment of the transaction either by credit transfer, or by certified cheque of bank.