Terms and Conditions of Use
ARTICLE 1 - General Terms and Conditions
1.1 These general terms and conditions are concluded between I WANT THE WINNER, a simplified joint stock company with a capital of €5,000, whose registered office is located at 66 avenue de Breteuil 75007 Paris, RCS PARIS 841 979 081 (hereinafter referred to as "I WANT THE WINNER") and persons wishing to access the services offered on the website www. I WANT THE WINNER.com (hereinafter referred to as the "Site"), hereinafter referred to as the "Users", and the professional customers listed on the Site, hereinafter referred to as the "Customers".
I WANT THE WINNER, the Users and the Customers are hereinafter referred to as the "Party(ies)". The products offered for sale on the Site are hereinafter referred to as "Products".
Users are either professionals or consumers. In this respect, a professional is defined as any natural or legal person, public or private, who acts for purposes within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name of or on behalf of another professional. A consumer is defined as any natural person who is acting for purposes which are outside his trade, business, craft, profession or agricultural activity.
As a result, certain clauses of these general conditions will apply exclusively to consumer Users. Conversely, certain clauses of these general terms and conditions are intended solely for professional Users.
1.2 The purpose of the Site is:
- To present the Saillies, Shares of stallions, Broodmares, Young horses, Horses in training and Horses in association;
- To allow Users to buy or sell Products online;
- To proceed with the online payment of the Products ordered;
- To transmit invoices and order forms.
In this context, it is specified that certain Products are sold by I WANT THE WINNER on its own behalf, while other Products are sold on behalf of Third Parties. In the latter case, the Products are sold in the name of I WANT THE WINNER, but on behalf of the Third Party in question.
In any case, the purchase of Products by Users via the Site is governed by the general terms and conditions of sale established by I WANT THE WINNER and which are accessible by clicking HERE.
1.3 These terms and conditions determine the conditions of use of the Website by the Users.
1.4 Browsing the Website implies the full and unreserved acceptance by Users of these terms and conditions.
The present general conditions cancel and replace the previously applicable conditions. I WANT THE WINNER reserves the right to adapt, modify or update these general conditions of use at any time. In any case, the general conditions applicable are those in force on the day of navigation on the Site.
1.5 The fact that one of the Parties does not avail itself of one of the present conditions at a given time may not be interpreted as a waiver of the right to do so at a later date. The cancellation of a clause of these general conditions shall not affect the validity of the general conditions as a whole.
ARTICLE 2 - USE AND OPERATION OF THE SITE
To use the Site, the User connects to the Site at the following address : www.iwantthewinner.com
2.1 Browsing the Site
Browsing the Site and consulting the presentation pages does not require any registration on the part of the User, who simply visits the Site.
2.2 Creating a personal account
2.2.1 In order to access all the services offered, it is not necessary to register. To buy or sell Products, the User is invited to create a personal account free of charge by filling in the fields provided for this purpose.
To register, the User must provide the following information:
If he is a consumer:
- Postal address
- E-mail address
- Username to be defined
- Password to be defined
- Company name
- SIRET number
- Address of the registered office
- VAT or not
- E-mail address
- Username to be defined
- Password to be defined
- Status to be defined
2.2.2 The User is responsible for the information entered on the registration form. In the event of an error, I WANT THE WINNER cannot be held responsible for any failure to process the User's requests.
2.2.3 The User declares that he/she has the capacity to use the Site, in particular that he/she is over 18 years of age at the time of registration.
2.2.4 The User undertakes not to create or use any other account than the one initially created, either under his/her own identity or that of a third party.
2.2.5 To be able to connect to his personal account, the User must follow the instructions indicated on the Site and, in particular, enter his login and password.
ARTICLE 3 - TERMS AND CONDITIONS FOR LISTING, UNLISTING AND RANKING PRODUCT OFFERS AND CUSTOMERS
3.1 I WANT THE WINNER's customers are bound by a partnership contract. In this respect, in order for the Products or the client to be listed on the Site, a partnership contract must be concluded with the client concerned.
Products can be removed from the Site in the event of unavailability and/or injury and in the event of a serious breach by the client of the partnership contract concluded with I WANT THE WINNER and/or of its contractual obligations towards Users. The end of the contractual relationship between I WANT THE WINNER and a Client, for whatever reason, will result in the removal of the Client and its Products from the Site.
3.2 Products are classified by category and then displayed in descending order according to their price. The Products may also be classified according to their category.
ARTICLE 4 - PURPOSE AND CONDITIONS OF THE RELATIONSHIP
4.1 The Clients are professionals and amateur enthusiasts.
4.2 The Website allows Users to consult offers relating to Products, the latter being sold by I WANT THE WINNER on its own behalf or on behalf of Customers.
It also allows Users to order Products online and, if applicable, to pay for them online.
The Site therefore allows the conclusion of distance selling contracts.
4.3 The Site is accessible free of charge by Users (excluding any connection costs), with only the sale price of the Products to be paid.
4.4 In any case, the payment of the Products is made by the Users via the Site and to I WANT THE WINNER. Payment is made by credit card (CB, visa, mastercard) and bank transfer.
In the case of Products sold by I WANT THE WINNER on behalf of a Customer, I WANT THE WINNER will send an invoice in the name and on behalf of the Customer.
Nevertheless, any returns of Products (in the event of a return for retraction, for legal guarantee of conformity, etc.) must be made directly to the Client when the Products in question have been sold on behalf of a Client.
4.5 Disputes concerning the use of the Website and the purchase of Products by the User are handled by I WANT THE WINNER, which may then deal with the dispute with the Customer concerned.
The procedures for settling disputes are set out in article 9 of these terms and conditions.
ARTICLE 5 - OBLIGATIONS AND RESPONSIBILITIES
5.1 Users' obligations
5.1.1 The User's browsing of the Site is carried out under the User's responsibility. Under these conditions, the User is required to browse the Site and use the services offered in accordance with their purpose and in compliance with these general conditions, without infringing public order, good morals or the rights of third parties.
5.1.2 Users are responsible for the computer security of their equipment and, in particular, for any loss of data and security breaches that may result from a virus or hacking.
5.1.3 Users shall not:
- Accessing or attempting to access the Site by any means other than those made available to them by I WANT THE WINNER.
- Sharing, with a third party, all connection identifiers (login and password), a third party being any person other than the unique User to whom the email address is assigned.
- To disrupt, slow down or block access to the networks allowing access to the Site.
- Use data mining, robots or similar methods to collect and exploit data.
- Monitor, scan or test the vulnerability of the Site, its host or network or breach security or authentication measures.
- To use any technique that could undermine the security of the Website, personal and financial information and, in general, the image of I WANT THE WINNER (for example, ransomware, etc.).
5.2 I WANT THE WINNER's obligations
5.2.1 I WANT THE WINNER is bound by an obligation of means in the execution of its services, unless otherwise stipulated.
5.2.2 I WANT THE WINNER reserves the right to modify the characteristics of the Site according to technical developments. I WANT THE WINNER retains full latitude in carrying out any updates and remains free to develop the functionalities of its software without prior notice to Users, provided that this does not lead to any degradation of the service or loss of data or functionalities.
5.2.3 In order to preserve the efficiency and security of the Website, I WANT THE WINNER reserves the right to suspend access. The suspension will be lifted after verification of the conformity of the service. I WANT THE WINNER undertakes to ensure a level of security compatible with the technical standards of the sector. I WANT THE WINNER, which is bound by an obligation of means in terms of computer security, cannot however guarantee the absence of modification, intrusion, alteration or unavailability of the service by a third party (person, virus, etc.).
5.3.1 I WANT THE WINNER may not be held liable if any non-performance or damage results from the misuse of the Website by the User or from a fault on the part of the User or a third party or from a case of force majeure.
5.3.2 Similarly, I WANT THE WINNER cannot be held responsible for temporary or permanent damage caused to the User's mobile terminal or computer, nor for any loss or damage that may be suffered as a result of accessing or browsing the Site.
5.3.3 The transmission of data via the Internet may result in the appearance of errors and/or the fact that the Site is not always available. Consequently, I WANT THE WINNER cannot be held responsible for the availability or interruption of the online service. Users are reminded that they are advised to protect access to their computer tools with a password and to take out any useful insurance in the event of their loss or theft.
5.3.4 When I WANT THE WINNER's liability is incurred as a result of a fault on its part, compensation only applies to the direct, personal and certain damage suffered by the Professional User.
In any case, it is recalled that I WANT THE WINNER declines all responsibility for
- Damage resulting from a failure by Users to comply with the rules and recommendations of I WANT THE WINNER resulting in particular from these general conditions;
- Malfunctions, inability to access or poor operating conditions of the Site, in particular due to unsuitable equipment, disruptions related to the User's access provider and/or congestion of the Internet network and/or for any other reason related to a case of force majeure;
- Malicious acts by Users.
ARTICLE 6 - INTELLECTUAL PROPERTY
The entire content of the Site is the property of I WANT THE WINNER or is used by I WANT THE WINNER with the authorisation of the holders of the rights in question.
Users acknowledge the exclusive rights of I WANT THE WINNER to its intellectual property rights, in particular its trademarks and copyrights, and shall refrain from making any use whatsoever of them and more generally from infringing on the intellectual property rights of I WANT THE WINNER.
Any reproduction of all or part of the Site, as well as the creation of hypertext links, is prohibited, unless I WANT THE WINNER gives its express prior authorisation.
I WANT THE WINNER reserves the right to request the deletion of any link to the Site that has not been, or is no longer, authorised and that would be detrimental to it.
ARTICLE 7 - PERSONAL DATA
ARTICLE 8 - APPLICABLE LAW / LANGUAGE
The general conditions of use are subject to French law.
The language of these terms and conditions and of the relations between the Parties is French.
ARTICLE 9 - SETTLEMENT OF DISPUTES / MEDIATION
9.1 Consumer Users
The consumer user declares that he has been informed in advance by I WANT THE WINNER of the possibility of having recourse to a consumer mediation procedure in the event of a dispute.
The consumer user may thus submit any dispute with I WANT THE WINNER to the following mediator: SARL DEVIGNY MEDIATION (address: DEVIGNY MEDIATION, 11 rue de l'étang, 49220 THORIGNÉ-D'ANJOU; telephone number: 02.41.25.47.58; website: https://devignymediation.fr/; e-mail: email@example.com).
Before referring the matter to the above-mentioned mediator, the consumer User undertakes to address his complaint to the I WANT THE WINNER customer service department at the address indicated in article 10 of these conditions.
9.2 Professional Users
For professional Users only, all disputes relating to these general terms and conditions will fall under the exclusive jurisdiction of the Commercial Court of I WANT THE WINNER's registered office, to which jurisdiction is expressly granted in advance, even in the event of a third-party claim or multiple defendants.
ARTICLE 10 - CONTACT
For any question or complaint relating to the Site, its services or personal data, the User may contact I WANT THE WINNER at the following address
By post: SAS I WANT THE WINNER, 66 av de Breteuil 75007 Paris
By telephone: 06 09 12 28 45
By email: firstname.lastname@example.org
- The IWW Team
- Contact Customer Service