Terms and Conditions of Purchase

General Terms and Conditions of Purchase/Sale
 April 30, 2025

 

PREAMBLE

The simplified joint-stock company CLUB ELEVAGE TROT, registered with the Trade and Companies Register of Coutances under number 819 254 582, with its head office located at 26 Rue de la Poterie Gavray, 50450 GAVRAY SUR SIENNE, represented by CLUB ELEVAGE FINANCE in its capacity as President, operates the www.iwantthewinner.com website  on which it offers the online sale of horses in co-ownership.

I WANT THE WINNER is an intermediation platform aimed at connecting Horse owners and Buyers for the acquisition of shares in foals, yearlings and horses ready to race. It is agreed that CLUB ELEVAGE TROT will act as Manager of the Indivision of each Horse that has been the subject of the purchase of Shares on the platform.

 

CLUB ELEVAGE TROT can in no way be considered as the seller of the shares, only the Seller being the co-contractor of the Buyers. Consequently, CLUB ELEVAGE TROT cannot be held liable in the event of a claim and/or complaint in the context of the contractual relations between the Parties and in particular with regard to the purchase of shares in Horses and, more generally, concerning the contractual relations between Buyers, Sellers and CLUB ELEVAGE TROT.

These terms and conditions supersede the previously applicable terms.

 

 ARTICLE 1: DEFINITIONS

For the purposes of these Terms and Conditions, the following terms shall have the following meanings between the parties:

"Buyer" or "Co-owner" refers to the natural or legal person who purchases shares in Horses from the Seller.

"Horse(s)" means foals, yearlings and horses ready to race that are the object of the acquisition of shares

"CLUB ELEVAGE TROT" refers to the company selecting the Horses and appointed first manager of each Indivision

"Contract": refers to the contract for the sale of shares in Horses

"Indivision": refers to the organisational arrangements for the management of the Horse's co-ownership between the various owners of Shares

"Share of Horses": Refers to the title deed resulting from a syndication of a Horse,

"Party": refers to the Buyer and the Seller.

"Platform" or "I WANT THE WINNER" refers to the digital platform for connecting Sellers and Buyers with a view to acquiring and selling Horse Shares and setting up joint ownership through CLUB ELEVAGE TROT.

"Pre-training": refers to the period following breaking-in, its purpose is to "mechanize" horses and consists of preparing the horse as an athlete.

"Qualifying": refers to the event allowing, if validated, French trotters to be entered in the races.

"Rest": refers to a period during which the horse is on "holiday" to allow it to finish its growth, recharge its batteries, ...

"Seller": refers to the seller of shares in Horses.

 

ARTICLE 2: GENERAL PROVISIONS

The purpose of these general terms and conditions is to organize the sale of Horse Shares between the Seller and the Buyer and the creation of joint ownership to collectively manage each Horse sold through the platform.

In this context, this Contract is supplemented by the General Terms and Conditions of Use of the Platform, in particular with regard to the terms and conditions of registration of the Buyer and the information relating to the Horses offered for sale.

 

ARTICLE 3: DECLARATIONS

Each Party declares that it is not bound to any person by any obligation that would prohibit it from concluding all or part of these terms and conditions or that would make such conclusion subject to prior authorization that has not yet been obtained. In particular, the Buyer declares that he or she can fulfil the obligations under the character investigation and has sufficient income to maintain the Horse, allowing him or her to be approved as a co-owner by the SETF.

As such, given the particularity of the purchases made on the Site by the Buyer and the obligation to have an approval issued by the administration, the Buyer cannot be considered a priori as acting as a lay consumer, the primary objective in acquiring Shares being to obtain a profit through any gains due to the Horse's performance.

In addition, the acquisition of the Shares requires participation in the maintenance and operating costs of the Horse (veterinary fees, boarding with the trainer, etc.), and participation in the decisions of the Indivision, obligations that cannot be interpreted as a simple hobby for the layman.

 

ARTICLE 4: PRESENTATION OF HORSES / VETERINARY CERTIFICATES/FINANCIAL RISK

4.1 The Seller is bound to CLUB ELEVAGE TROT by a mandate contract, which is a mandatory prerequisite for the Horse to be referenced on the Platform. CLUB ELEVAGE TROT only acts as an agent of the Seller and is not a party to the sale, binding only the Buyer and the Seller.

The Seller has transmitted in writing, before the sale, the information that has been brought to the attention of the Buyers, under its responsibility.

In this context, the Buyer is perfectly informed that the information communicated on the Platform corresponds to the information known to CLUB ELEVAGE TROT and which for some is published without effective verification.

Indeed, CLUB ELEVAGE TROT is only responsible for the conformity of the declarations given by the Seller with those given to the Buyers but is in no way responsible for the accuracy and sincerity of the declarations made by the Seller, in particular with regard to the designation of the horses, those of their origins and country of birth,  their reporting, redhibitory defects, the VAT liability regime, etc.

4.2 The Seller has sent in writing, before the sale, the information that must be brought to the attention of the Buyers, under his responsibility, as part of the veterinary follow-up of the Horse.

In this context, CLUB ELEVAGE TROT has had a veterinary visit carried out and guarantees that a certificate of good health has been established and for the foal and yearling category that genomic tests have been carried out.

As such, a report of the veterinary visit is drawn up by a veterinary doctor in order to assess the clinical condition of the Horse whose Shares are intended for sale, as well as any risk factors for the desired use. In no case can this report constitute a guarantee as to the future racing performance or breeding of this Horse or its future clinical condition.

With the agreement of the Seller, the potential Buyer has the opportunity to examine the horse's medical file and, if necessary, to have it clinically examined by a veterinarian of his choice before the sale and at his own expense.

Before consulting a veterinary file appearing on the presentation of the Horse offered for sale by I WANT THE WINNER, the potential buyer or his veterinarian must undertake to respect the obligation of confidentiality of the information contained therein.

The Sellers have undertaken to ensure that the Horses presented for sale are up to date with the mandatory vaccinations and deworming under the regulations.

4.3 The Buyer is fully informed that the Horses marketed on the Site are Horses intended for competition and that therefore he cannot act as a simple consumer.

The foals and yearlings are selected at a very young age on the basis of a genetic and genomic heritage in order to limit the financial risk.

Ready-to-race athletes are selected after qualifying or once their racing career has begun.

However, it can in no way be guaranteed, either by the Seller or by the Platform, that the Horse will perform and cover the investment made by the Buyer.

In this respect, it is recalled that the services provided by CLUB ELEVAGE TROT are limited to the management of the Indivision and that consequently CLUB ELEVAGE TROT does not organize the career of the Horse in any way.

The fact remains that even if the Horse does not perform, the Buyer remains liable for the various maintenance and accommodation costs of the Horse for the duration of its holding of the Shares.

It is therefore advisable for the Buyer to obtain information from any competent professional and in particular to call on a veterinarian before purchasing the Shares.

 

ARTICLE 5: SALE OFFERS / CO-OWNERSHIP AGREEMENT CONTRACT / RESOLUTORY CONDITION

5.1 Offers for the sale of Horse shares are those accessible on the Platform. They are valid as long as they are accessible on the Platform.

Information relating to Horse offers is provided by the Seller. The Seller reserves the right to modify them.

The Buyer is perfectly informed that only Horse Shares are for sale and that the purpose of this acquisition is to become co-owner in joint ownership of the Horse.

5.2 By entering into the Contract, the Buyer entrusts CLUB ELEVAGE TROT with the primary management of the Indivision under the conditions defined in Article 8 hereof.

5.3 The Buyer will place an order in accordance with the instructions given to him on the Site. Upon written confirmation of the conclusion of the contract for the purchase of Shares via the electronic signature provider, the Buyer undertakes to pay the price of the Purchased Shares.

5.4 The Buyer is fully informed that as long as all the Shares have not been marketed, the subscription to the co-ownership of the Horse is not definitive.

Indeed, the Seller markets a set of Shares which will constitute a definitive sale from the marketing of all the Shares.

Consequently, the sale will be final on the day of the signing of the purchase of the last Share. And in the event that the Buyer acquires Units and that other Units remain to be marketed, the contract for the purchase of Units will only become final on the day of the purchase of the last Share to be sold.

As long as all the Shares are not marketed, the Seller may withdraw his Horse from sale, it being specified that the latter must withdraw the Horse for a legitimate reason, namely the expiry of the marketing period, a medical problem of the Horse, the death of the Seller or a case of force majeure.

In the event that all the Shares were not marketed or in the event of withdrawal at the Sale of the Horse, the Share purchase contract would be automatically terminated, with the Seller reimbursing within 8 days any amount received in respect of the acquisition of Shares.

5.5 Once all the Shares have been sold to the Buyers, a co-ownership contract will be drawn up in the form of an indivision within the meaning of Article 1873-1 of the Civil Code. This co-ownership contract will mention the name, breed, date of birth and SIRE number of the horse.

The management of the Indivision will be entrusted to the company CLUB ELEVAGE TROT. The Buyers will jointly determine the choice of the Horse's initial accommodation. In the event that the Seller is a co-owner, the accommodation service will be carried out by default by him.

5.6 The Buyer is obliged to insure its share of civil liability from the final conclusion of the Contract in order to insure the risks of accident, transport, etc.

 

ARTICLE 6: SHARE PRICEAND PAYMENT

6.1 The price of the Share is set by the Seller. It is closed and includes all CLUB ELEVAGE TROT's fees and commissions.

The purchase of a foal and yearling  share includes:

  • 5 or 10% of the joint ownership,
  • 1 year of mortality insurance from the final conclusion of the Contract. At the end of this period, the Buyer remains free to continue the mortality insurance on his part of the Horse
  • The Horse's civil liability insurance is the responsibility of the Indivision from the final conclusion of the contract
  • The boarding costs until the breaking-in and the breaking-in. The costs of boarding: rest, pre-training and training are paid by the Joint Ownership at the end of the breaking-in
  • The current farriery and current veterinary costs (deworming, vaccination, etc.) up to a limit of €1,000 excluding tax for all these costs up to and including breaking-in (included)

The purchase of a share of horses ready to race includes:

  • 5 or 10% of the joint ownership,
  • All operating and maintenance costs are borne by the Joint Ownership from the final conclusion of the contract
  • The mortality insurance of each share is at the choice and expense of each Co-owner from the final conclusion of the Contract
  • The Horse's civil liability insurance is the responsibility of the Indivision from the final conclusion of the contract
  • The boarding costs are borne by the Indivision

6.2 The Buyer has a period of 8 days after the actual sale of the Shares, i.e. after receipt of the elements of the sales file (signed documents, receipt of the invoice) to pay the invoice to CLUB ELEVAGE TROT, by bank transfer only. Payment will be made by transfer to the account of CLUB ELEVAGE TROT.

If at the end of this 8-day period, no full payment has been made, the Seller and I WANT THE WINNER are free to cancel the sale of the unpaid Share and offer the Share for sale again on the Site.

In this case, the Buyer will be liable for compensation equal to 20% of the value of the Share, without prejudice to any claim for additional damages.

 

ARTICLE 7: ORGANIZATION OF CO-OWNERSHIP AGREEMENT IN THE ABSENCE OF A CO-OWNERSHIP CONTRACT

7.1 The Buyers remain free to enter into an agreement organising the Indivision of the Horse.

In the absence of such an agreement, this article shall apply. In any event, if an indivision agreement has been concluded, the Buyers undertake to implement stipulations similar to the clauses of this article relating to the payment of invoices and in particular the maintenance of the Horse as well as the forced transfer clauses.

In the event that an indivision agreement has been concluded, all the provisions relating to the service contract provided for in Article 8 hereof shall apply.

7.2 As part of the administrative management of the Joint Ownership of the Horse, CLUB ELEVAGE TROT will provide the services defined in Article 9 hereof.

7.3 All ongoing operating costs of the Horse are borne by all the co-owners and therefore by the Buyer up to the number of Shares (with the exception of the costs included in the purchase of the foal and yearling Shares described in paragraph 6-1

The current operating costs of the Horse include expenses such as boarding, shoeing, routine veterinary care (dentistry, deworming, vaccinations, annual check-up, transport, travel, entry in events, civil liability insurance and mortality insurance, etc.).

Invoices are payable monthly within 30 days of their date of issue and include the services provided by CLUB ELEVAGE TROT.

In the event of two successive unpaid debts by a co-owner, the non-co-owner undertakes to proceed with the transfer of his or her Shares in accordance with the forced transfer procedure provided for in Article 7.6 hereof. In the absence of an undivided buyer, the Share will revert to the trainer, in return for the sums due to him by the undivided co-owner and the payment of other unpaid invoices.

7.4 The Co-owners authorise the trainer or the person responsible for the custody of the Horse to take, if necessary, any medical measure made necessary by the state of health of the Horse, particularly in the case of colic. In this case, the costs of emergency care or surgery will be borne by the co-owners in proportion to the shares held.

The trainer or the person responsible for the care of the Horse will inform the Buyers as soon as possible, following the observation of the Horse's emergency state of health, to make a collective decision.

7.5 In the management of the Joint Ownership, it is agreed that the Joint Owners will determine:

  • Choosing a compulsory civil liability insurance policy
  • The choice of the colours to compete

If several Co-owners wish to be awarded the colours, priority will be given to the Buyer who is not a breeder of the Horse and/or to the Buyer with the largest share. In the event of a tie, a draw will be held. The Indivisor who will be selected to wear the colours will bear the costs of entry and forfeit at the Horse races. He will re-invoice the co-ownership for the costs of entry and forfeit at the Horse's races, with the exception of his share on presentation of proof.

If there is no suitor, the powers of the managing partner (except those concerning the withdrawal of the sums earned) are transferred during the term of the association to the trainer of the horse, if none of the partners is directly involved in the operation of the horse's quarry. In this case, the entry and package fees for the Horse races may be re-invoiced to the co-owners in proportion to their share.

Decisions relating to the management of the day-to-day life of the Joint Ownership and the Horse may be taken by the Manager, with the joint owners giving him or her a mandate.

The following decisions will be taken by a simple majority of the In-Owners, with an additional vote being given to the trainer of the Horse in the event of a tie:

  • The choice of coach and accommodation and any desired modifications,
  • Any expenditure exceeding €1,000 excluding tax excluding board and training costs, and in cases of absolute urgency that do not allow the organisation of a vote.
  • Any decision to change civil liability insurance
  • Any decision to change the initial project, in particular in the event that the Horse can no longer compete. The co-owners undertake to maintain and feed the Horse throughout the period they are co-owners.

 

 

7.6 Sale of part or all of the horse

7.6.1 Sale of shares by an Undivided Partner

Each co-owner can sell his or her share at any time, knowing that a priority of purchase goes to the remaining co-owners. Consequently, in the event of a firm offer to buy back a Unit, the Joint Owner must propose to the other Joint Owners the purchase of his Share on the basis of the offer received. The transfer of ownership can only be effective after payment of the remaining sums due to the Indivision.

In the event of liquidation of a Co-owner who is a legal entity, it is agreed that the remaining Co-owners will have a right of priority to redeem the Share.

               7.6.2 Sale of the entire horse

Pursuant to Article 815-3 of the Civil Code, the sale of the Horse must be carried out unanimously by the Joint Owners.

On the day of the sale of the horse, in order to distribute the sale price, it is necessary to take the share held by each co-owner on the date of signature of the sales contract, less any sums remaining to be owed to the Indivision.

                              7.6.2.1 Offer to sell 100% of the horse's shares

In the event of disagreement between the Co-owners as to the continuation of the Co-ownership and the sale of the Horse, a Co-owner may notify the Co-owner or the recalcitrant Co-owners of an offer to purchase their shares at a price that he or they will have previously determined, and corresponding to a price established by an expert.

In the event that one or more Co-owners benefit from a firm offer to acquire 100% of the Horse's Shares from a third party to the Indivision, it will be up to them to notify the Management in writing of the offer to buy-out, which will forward it to all the Co-owners with the convening of a Joint Ownership Meeting to decide on the offer received.

In the event that a majority of at least 50% of the Co-owners declares themselves in favor of the sale without obtaining unanimity, the recalcitrant Co-owner or Co-owners will have a period of fifteen (15) days from the notification of the proposed buyback to present a buyback offer at least equal to the Co-owners who voted in favor of the sale,  by notifying the latter of their intention to repurchase its Units at a price at least equal to the offer previously received.

At the end of the aforementioned period and in the absence of the presentation of a more advantageous offer and the exercise of their right of redemption, the recalcitrant Co-owner or Co-owners will be obliged to sell all of their Shares to the Co-owners who submitted the first offer.

Consequently, the notification of such an offer will automatically generate a promise of sale by the recalcitrant Joint Owner(s) of their Units to the Joint Owners who submitted the offer (who may, if necessary, replace the Third Party to the Joint Owner who issued the offer to buy back all the Units), under the conditions of the offer.

The Sale of Shares by the Parties concerned must be carried out no later than thirty (30) days from the expiry of the aforementioned fifteen (15) day period or the refusal of the recalcitrant Partners to submit a buyback offer, it being specified that the transfer of ownership of the Shares will only take place when the documents necessary for the sale are regularized,  against full payment of the full sale price due to the recalcitrant co-owner or co-owners.

 

              7.6.2.2 Entry and sale in claiming races

Any entry of the Horse in a claiming race requires the prior agreement of a majority of at least 50% of the Co-owners. Exceptionally, recalcitrant co-owners will not be able to assert the right of pre-emption attached to their share in a sale to be claimed decided by a majority of the co-owners, given the fact that they will be allowed to bid at the time of the claim.

 

7.6.2.3 Offering for public sale

Any registration of the Horse in a public auction requires the prior agreement of a majority of at least 50% of the Co-owners.

The registration fees will only be borne by the Co-owners who voted in favour of the registration. Exceptionally, recalcitrant co-owners will not be able to assert the right of pre-emption attached to their share during a public sale decided by a majority of the co-owners, given the fact that they will be allowed to bid at any public sale.

 

7.7 In the event that the Horse becomes a stallion or if the mare becomes a broodmare because of their performance in the race, the Indivisors will meet to organise the continuation of the Indivision.

In the case of a male horse, it is agreed to grant the following breeding rights annually:

  • 3 covering rights are allocated to the breeder for a foal or a yearling; or to the trainer for a Horse ready to race
  • 2 covering rights attributed to CLUB ELEVAGE TROT
  • And any breeding rights granted before the purchase of the shares

The surplus of the covering rights will be managed by a new joint ownership whose purpose will be the management of the stallion career.

In the case of a female : the shares will be managed by 1 joint ownership whose purpose will be to manage the breeding career of the female horse.

 

7.8 The winnings obtained from the Horse's performances will be distributed by the SETF up to the share of each Owner. Each Co-owner undertakes to sign the initial SETF declaration and mandates the Manager to sign any modification made necessary by a change of Co-owner.

7.9 The co-ownership contract is concluded for an indefinite period during the entire period of the race and reproduction, starting from the definitive acquisition of the Shares from I WANT THE WINNER.

On the day of the end of the horse's career, the co-owners will meet to organise the continuation of the indivision.

7.10 It is expressly agreed that the parties will meet once a year for the general meeting of the Joint Ownership, which may be held by videoconference.

 

ARTICLE 8: FINANCIAL TERMS: COMMISSIONS ON THE SALE PRICE

8.1 CLUB ELEVAGE TROT will receive a remuneration of 10% in the form of commissions calculated on the sale of Horse shares via the Site.

As such, the CLUB ELEVAGE TROT's commission rate, as well as the promotion and communication costs incurred will be included in the sale price including VAT of the Horses' shares.

8.2 I WANT THE WINNER's commission is due upon payment of the order placed by the Buyer on its website.

 

ARTICLE 9: MANAGEMENT SERVICES FOR THE CO-OWNERSHIP AGREEMENT OF THE HORSE BY CLUB ELEVAGE TROT

9.1 By acquiring the Share, the Buyer agrees to entrust the management of the Indivision of the Horse to CLUB ELEVAGE TROT.

As part of the management of the Horse's Joint Ownership, CLUB ELEVAGE TROT will provide the following Restrictive Services:

  • The management of the Horse's maintenance and operating invoices (farriery, accommodation costs, training costs, veterinary fees, racing entry fees, etc.) and the monthly re-invoicing to the co-owners of the Indivision up to their share
  • The performance of any act necessary for the Indivision
  • The writing of a monthly follow-up report of the Horse (training, expenses, etc.) and transcription of the information transmitted by the trainer. Communication by any means (WhatsApp, etc.) will be carried out after each race.
  • The holding and facilitation of the Indivision meetings: at least one annual meeting by videoconference will be organised, in order to allow each co-owner to ask questions and organise the Horse's career.
  • To provoke a collective decision each time an offer to buy the horse is made
  • Intervene in the sale of shares as provided for in Article 7.6

9.2 The remuneration of CLUB ELEVAGE TROT will be one hundred Euros excluding tax per month, this amount being invoiced on the invoice issued for all the costs borne monthly by the Indivision.

9.3 CLUB ELEVAGE TROT undertakes to carry out the management missions of the Indivision in accordance with the rules of the art, with professionalism and rigour. It also undertakes to comply with the regulations and standards required for the performance of its missions. To accomplish its missions, CLUB ELEVAGE TROT will mobilize the necessary resources.

In any event, the Service Provider is bound by an obligation of means and not of results. Thus, CLUB ELEVAGE TROT offers no guarantee of success.

9.4 CLUB ELEVAGE TROT may not be held liable under any circumstances in the event of non-performance or poor performance of its contractual obligations attributable to the Buyer.

CLUB ELEVAGE TROT cannot be held responsible, or considered to have failed to comply with these terms and conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by law or case law.

9.5 Correspondence between the Manager and the Joint Owners (collective decisions - pre-emptive offer) is made by post or e-mail. (Email is preferred). 

The Manager must make available to the Co-owners the written documents that have been used by them to express their wishes.

 

ARTICLE 10: GUARANTEES

The Seller guarantees the purchase of Part by guaranteeing against redhibitory defects from the final sale of the Horse, provided for by Articles L. 213-1 and R. 213-1 of the Rural Code, to the exclusion of any other guarantee.

The Seller guarantees the buyer against the redhibitory defects listed in Article R 213-1 of the Rural Code and not declared by the buyer before the sale of the shares, namely:

  • Immobility
  • Pulmonary emphysema
  • Chronic horning
  • The tic itself (with or without tooth wear)
  • Old and intermittent lameness
  • Isolated uveitis
  • Equine infectious anaemia

The sole proof of the existence of the redhibitory defect is sufficient for the Buyer to obtain the rescission of the sale, under the conditions provided for this purpose and within the limits of the various veterinary responsibilities.

Any action based on the said redhibitory defects must be brought by the Buyer in accordance with the provisions of Articles R 213-3 et seq. of the Rural Code, i.e. within 10 days of delivery, not including the day of delivery, with the exception of periodic fluxion and infectious anaemia, for which the period is 30 days not including the day of delivery.

Any time limit expires on the last day at 24 hours. The period, which would normally expire on a Saturday, Sunday or a public holiday or non-working day, is extended until the first following working day.

Within the said periods, and on pain of inadmissibility, the Buyer must present a request to the Judge of the Judicial Court where the animal is located in order to obtain the appointment of experts responsible for drawing up the report of the examination of the Horse.

Within the same period, the Buyer must bring one of the actions opened by the existence of a redhibitory defect as defined in Articles L. 213-1 et seq. of the Rural Code.

Within the same period, the Buyer must notify I WANT THE WINNER of the presentation of his request to the Judge of the Judicial Court and send a veterinary certificate stating the defect (by registered letter with acknowledgement of receipt).

Any Seller shall be required, in the event of cancellation of the sale for any reason whatsoever, to reimburse the Buyer for the costs of the sale of the Shares as well as all expenses incurred by the Buyer for the preservation of the object in dispute in France.

In the event of export, the costs of staying abroad and repatriating the Lot to France are the responsibility of the Buyer.

Under no circumstances may the action for termination of sale implicate CLUB ELEVAGE TROT, which cannot be held liable.

 

ARTICLE 11: OBLIGATIONS AND RESPONSIBILITIES

11.1 Obligations of the Buyer

From the Purchase of the Units, the Buyer undertakes:

To scrupulously respect the Racing Code,

To apply for approval from the SETF, if it does not already hold one.

To pay all the invoices due under the Indivision (CLUB ELEVAGE services, accommodation costs, training, transport, maintenance of the Horse, etc.)

Not to act in bad faith

11.2 Obligations of CLUB ELEVAGE TROT

11.2.1 CLUB ELEVAGE TROT is bound, unless otherwise stipulated, by an obligation of means in the performance of its services. The Platform undertakes to perform the obligations incumbent on it with all the care customary in its profession.

11.2.2   When CLUB ELEVAGE TROT is held liable as a result of a fault on its part, compensation applies only to direct, personal and certain damage suffered by the Buyer.

 

ARTICLE 12: NO RIGHT OF WITHDRAWAL

12.1 Taking into account the activity of the Buyer and the products marketed on the Platform, a presumption of the professional nature of the Buyer is established.

Consequently, no right of withdrawal will be granted unless it is established that the Buyer is totally profane.

The lay character of the Buyer can be defined by the following criteria:

  • Lack of knowledge of the world of horse racing
  • No holding of horse shares
  • Failure to perform horse competitions

12.2  In the event that the Buyer is indeed a layman, in accordance with Article L.221-18 of the Consumer Code, the Buyer has a period of fourteen days to exercise his right of withdrawal without giving any reason. This 14-day period runs from the day of conclusion of the contract and will therefore postpone the payment of the Share by 14 days.

12.3 The Buyer may exercise his right of withdrawal by sending the Seller a written letter on the basis of the form attached hereto.

12.4  In the event of withdrawal, any sums paid by the Buyer will be reimbursed to the Buyer at the latest within thirty days from the date on which the Seller is informed of the Buyer's decision to withdraw.

 

ARTICLE 13: GDPR 

13.1 As part of the operation of the Platform, I WANT THE WINNER is required to collect personal data from Buyers, in accordance with the regulations in force applicable to personal data and the privacy policy it has drawn up (hereinafter referred to as the "Privacy Policy").

13.2 I WANT THE WINNER's Privacy Policy supplements these Terms and Conditions and forms an integral part of them.

 

ARTICLE 14: GENERAL PROVISIONS/APPLICABLE LAW/LANGUAGE

The fact that one of the Parties does not avail itself of one of these terms at a given time cannot be interpreted as a waiver of the right to avail itself of it at a later date. The cancellation of any clause of these terms and conditions will not affect the validity of the terms and conditions as a whole.

The general terms and conditions of purchase are subject to French law.

The language of these Terms and of the relations between the Parties is French.

 

ARTICLE 15: DISPUTE RESOLUTION

The Parties will endeavour to resolve amicably any disputes that may arise from the interpretation or execution of these general terms and conditions.

In the event of persistent disagreement, any dispute relating in particular to the interpretation, execution or termination of these general terms and conditions shall be submitted to the commercial court of the registered office of CLUB ELEVAGE TROT, to which express jurisdiction and jurisdiction is made by mutual agreement, even in the event of multiple instances and/or parties or third party claims.

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