Terms and Conditions

General Terms and Conditions of Equiherds

Version: 19/01/2026Effective as of: 19/01/2026

Table of Contents

1. Preamble and Definitions

1.1 Preamble

These General Terms and Conditions (hereinafter the "Terms") govern the use of the Platform operated by Equiherds. By accessing or using the Platform, the User accepts these Terms in full and without reservation.

1.2 Definitions

For the purposes of these Terms:

1.2.1 "Equiherds"

refers to the company operating the Platform, headquartered at 1050 Route de Mouliherne, 49390 Mouliherne, France. Contact: info@equiherds.com.

1.2.2 "Platform"

refers to the website and related digital services offered by Equiherds.

1.2.3 "User"

any natural or legal person who uses the Platform, whether registered or unregistered.

1.2.4 "Consumer"

a User acting for non-commercial, personal purposes, within the meaning of Article L.221-1 of the French Consumer Code.

1.2.5 "Professional User"

any User acting in the context of their commercial, industrial, craft, liberal, or agricultural profession.

1.2.6 "Services"

functionalities offered on the Platform, including ad posting, account management, messaging, premium features, etc.

1.2.7 "Premium Services"

paid optional features that increase visibility or functionality (e.g., featured ads, additional photos).

1.2.8 "Content"

any information, text, image, video, or data uploaded or published by Users.

1.2.9 "Ad" or "Advertisement"

a listing published by a User on the Platform offering goods or services.

1.2.10 "Force Majeure"

any unforeseeable, irresistible event beyond the reasonable control of Equiherds, as per Article 1218 of the French Civil Code.

2. Purpose and Scope

2.1 Purpose

The Platform enables Users to publish, browse, and respond to advertisements related to equine sales, services, and related products.

2.2 Scope

These Terms apply to all Users of the Platform. Specific provisions apply differently to Consumers and Professional Users in accordance with applicable legal standards.

3. Access to the Platform

3.1 General Access

Access to the Platform is open to the public. However, certain features require account registration.

3.2 Availability

Equiherds strives to maintain uninterrupted access but does not guarantee continuous operation. The Platform may be unavailable due to maintenance, upgrades, or Force Majeure.

3.3 Technical Requirements

Users are responsible for maintaining internet connectivity and compatible devices to access the Platform.

4. Registration and Account Use

4.1 Account Creation

Users must provide accurate, up-to-date information. Multiple accounts per User are prohibited unless authorized by Equiherds.

4.2 Account Security

Users are responsible for safeguarding their credentials. Unauthorized use must be reported immediately.

4.3 Account Suspension

Equiherds may suspend or terminate an account in cases of suspected fraud, violation of these Terms, or abuse of the Platform.

5. Use of Services and User Obligations

5.1 General Conduct

Users shall use the Platform in good faith and in compliance with all applicable French and EU laws.

5.2 Prohibited Activities

Users must not:

  • Post false, misleading, or unlawful content;
  • Impersonate others or create fake identities;
  • Scrape, hack, or reverse-engineer the Platform;
  • Promote illegal sales or animal abuse.

5.3 Obligations for Professional Users

Professional Users must:

  • Clearly disclose their professional status;
  • Comply with obligations under French Commercial Code;
  • Issue proper invoices where applicable;
  • Respect consumer protection laws (e.g., cooling-off period, legal warranties).

6. Content and User Responsibility

6.1 User-Generated Content

Users remain fully responsible for all content they publish.

6.2 Prohibited Content

The following are strictly forbidden:

  • Copyright-infringing material;
  • Defamatory, hateful, or violent content;
  • False or misleading advertising;
  • Animal cruelty or violations of animal welfare laws.

6.3 Moderation Rights

Equiherds reserves the right to review, edit, or delete any Content that violates these Terms.

7. Rights Granted to Equiherds

7.1 License to Use Content

By publishing Content, Users grant Equiherds a:

  • Worldwide,
  • Non-exclusive,
  • Royalty-free,
  • Sub-licensable license

to use, copy, display, and distribute the Content for the purpose of operating and promoting the Platform.

8. Posting Ads and Marketplace Rules

8.1 General Principles

Users may publish advertisements (hereafter "Ads") offering equine-related goods or services, such as horses, equipment, boarding, training, and transport. All Ads must comply with these Terms and applicable laws.

8.2 Eligibility

Only registered Users may post Ads. Equiherds reserves the right to verify the identity of any User prior to allowing ad placement.

8.3 Ad Content Requirements

Each Ad must:

  • Be clear, truthful, and accurate;
  • Include essential information (e.g., age, breed, sex, price, health status of horses);
  • Be updated promptly when circumstances change;
  • Indicate whether the seller is a Professional User or Consumer.

8.4 Restrictions on Ads

Users are expressly prohibited from:

  • Posting duplicate Ads;
  • Offering multiple horses in one Ad (one horse per Ad policy);
  • Advertising stolen animals or items;
  • Using misleading titles or keywords to manipulate search results.

8.5 Duration and Visibility

Unless otherwise agreed, Ads remain visible for a maximum of 30 calendar days and may be renewed subject to applicable fees or limits. Equiherds may remove outdated Ads.

8.6 Reporting Infringements

Users may report suspicious, illegal, or fraudulent Ads via a designated reporting tool or by contacting support@equiherds.com. Equiherds reserves the right to investigate and take corrective measures, including ad removal and account suspension.

9. Premium and Paid Services

9.1 Description of Premium Services

Equiherds offers optional Premium Services that may include:

  • Featured listings or homepage placements;
  • Highlighted Ads with color or badges;
  • Enhanced media uploads (e.g., video, image gallery);
  • Access to analytics or performance statistics.

9.2 Subscription Models

Premium Services may be offered as:

  • One-time purchases;
  • Monthly subscriptions;
  • Annual plans.

Each plan is described on the Platform, including features, fees, and renewal conditions.

9.3 Price Transparency

All prices are listed in euros (€) and include French VAT (TVA) unless otherwise stated. Users will be shown final payable amounts before confirming any purchase.

9.4 Automatic Renewal

Where applicable, Premium Services may be automatically renewed at the end of each billing cycle. Users will be informed of this mechanism upon purchase, in accordance with Loi Chatel and Loi Hamon.

9.5 Cancellation

Users may cancel subscriptions at any time via their account settings. Cancellations become effective at the end of the current billing period unless otherwise specified.

9.6 Refund Policy

In accordance with French consumer protection laws, refunds for Premium Services may only be issued:

  • If the service was not delivered;
  • If the Consumer exercised their right of withdrawal within 14 days and the service was not fully executed.

No refunds are given for partial use of services or subscription periods already begun unless required by law.

10. Prices, Billing, and Payment Terms

10.1 Accepted Payment Methods

Equiherds accepts the following methods:

  • Major credit and debit cards (Visa, Mastercard, etc.);
  • PayPal or other payment gateways as listed on the Platform.

10.2 Invoicing

Invoices are generated electronically and made available in the User’s account area or sent via email. Professional Users are required to retain invoices for accounting purposes.

10.3 Payment Terms

Payment is due immediately upon order confirmation unless otherwise stated. Delayed payments may result in account suspension.

10.4 Taxation

All fees include applicable French VAT unless otherwise specified. Non-EU Professional Users may be exempt upon providing valid proof of tax registration.

10.5 Late Payments (Professionals Only)

Under Article L441-10 of the Code de commerce, late payments by Professional Users are subject to:

  • Legal interest penalties (at ECB base rate + 10%);
  • A fixed recovery fee of €40 minimum;
  • Additional damages if collection costs exceed the fixed fee.

11. Default and Suspension

11.1 Non-Payment

In the event of non-payment of any amount due, Equiherds may:

  • Suspend access to Premium Services or account functionalities;
  • Block publication of new Ads;
  • Initiate collection proceedings or terminate the contract.

11.2 Breach of Terms

In cases of breach of these Terms, Equiherds may:

  • Issue a formal warning;
  • Suspend or permanently deactivate the User’s account;
  • Remove or block specific Content;
  • Claim damages or initiate legal proceedings.

11.3 Notification

Where feasible, Users will be notified before enforcement actions are taken, except in urgent or criminal matters (e.g., fraud, illegal content).

12. Right of Withdrawal for Consumers

12.1 Legal Right

Under Articles L221-18 to L221-28 of the French Consumer Code, Consumers have the right to withdraw from a contract within 14 calendar days without giving any reason.

12.2 Start of Withdrawal Period

The withdrawal period begins:

  • From the date of contract conclusion for digital services;
  • From the date of delivery for physical goods (if applicable).

12.3 Exercise of the Right

Consumers must notify Equiherds of their decision to withdraw via:

  • Email: info@equiherds.com;
  • Online form (if available);
  • Or by sending the Model Withdrawal Form (Annex 1).

12.4 Effects of Withdrawal

In case of valid withdrawal:

  • Equiherds shall reimburse all payments received within 14 days;
  • Refunds are issued using the original payment method.

12.5 Exceptions to Withdrawal

No right of withdrawal applies to:

  • Services fully performed before the end of the withdrawal period, provided the Consumer consented and acknowledged loss of the right;
  • Personalized or custom digital content.

13. Limitation of Liability

13.1 General Principle

Equiherds shall not be held liable for any damages resulting from the User’s use of the Platform, except as required by mandatory legal provisions.

13.2 Scope of Liability

To the fullest extent permitted by law, Equiherds excludes liability for:

  • Errors, interruptions, or downtime of the Platform;
  • Data loss or corruption;
  • Content posted by Users, including illegal or inaccurate information;
  • Commercial loss, loss of profits, or consequential damages;
  • Transactions concluded solely between Users.

13.3 Limitation

Where Equiherds is held liable, such liability shall be limited to the amount paid by the User in the previous twelve (12) months, unless in cases of:

  • Gross negligence (faute lourde);
  • Intentional misconduct (dol);
  • Personal injury or death caused by negligence;
  • Mandatory consumer rights (see Article 14).

13.4 Third-Party Content and Links

The Platform may contain links or access to third-party services. Equiherds assumes no liability for third-party content, advertisements, services, or websites accessible from the Platform.

13.5 Hosting Provider Status

Pursuant to Article 6 of the Loi pour la Confiance dans l'Économie Numérique (LCEN), Equiherds acts as a hosting provider (hébergeur) and is not liable for unlawful content posted by Users unless it failed to act promptly upon notice.

14. Warranties and Legal Guarantees

14.1 Legal Guarantees (Consumers)

For transactions between Consumers and Professional Users concluded on the Platform, the following French Consumer Code guarantees apply:

14.1.1 Legal Guarantee of Conformity

Under Articles L217-3 et seq. of the Code de la consommation, Consumers benefit from a two-year guarantee from the date of delivery, during which the product must conform to the description and intended use.

14.1.2 Guarantee Against Hidden Defects

Under Articles 1641 to 1649 of the Code civil, Consumers may also invoke the warranty against latent defects within two years of discovery.

14.2 Exclusion of Equiherds' Responsibility

As Equiherds does not act as the seller or intermediary in transactions between Users, it is not responsible for:

  • The performance of the sale;
  • The legal guarantees applicable to the transaction;
  • Defective, fraudulent, or misrepresented items.

Buyers are responsible for checking seller credentials, especially when dealing with Professional Users.

15. Data Protection and Privacy

15.1 Compliance

Equiherds processes personal data in accordance with:

  • Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR);
  • Loi Informatique et Libertés of 6 January 1978 as amended.

A separate Privacy Policy (accessible at [insert link]) governs data processing in detail.

15.2 Data Collected

Data collected includes:

  • Identification data (name, email, phone);
  • Transactional data (payments, ad history);
  • Usage data (IP address, device, preferences);
  • Communications (messages sent via the Platform).

15.3 Purposes of Processing

Data is processed for the following purposes:

  • Providing the Services;
  • Processing payments and billing;
  • Fraud prevention and security;
  • Improving the User experience;
  • Legal compliance.

15.4 User Rights

Under GDPR, Users have the following rights:

  • Right of access to their data;
  • Right to rectification;
  • Right to erasure (“right to be forgotten”);
  • Right to data portability;
  • Right to object to processing;
  • Right to restrict processing.

Requests may be submitted via email to: info@equiherds.com.

15.5 Data Retention

User data is retained only for the period necessary to fulfil the stated purposes or as required by law (e.g., 10 years for invoicing data under French tax law).

15.6 CNIL Complaints

Users may file complaints with the French data protection authority (Commission Nationale de l’Informatique et des Libertés – CNIL): www.cnil.fr.

16. Intellectual Property

16.1 Ownership

All content on the Platform, including but not limited to logos, designs, layouts, texts, source code, and images created by Equiherds, is the exclusive property of Equiherds or its licensors.

16.2 User License

Equiherds grants Users a non-exclusive, non-transferable, and revocable license to access and use the Platform for personal or professional purposes, within the limits of these Terms.

16.3 Restrictions

Users may not:

  • Reproduce, copy, or modify the Platform or its contents;
  • Extract data through automated tools (e.g., bots, scrapers);
  • Sell or sublicense the Platform or its features;
  • Use Equiherds trademarks without prior written authorization.

16.4 User Content

By uploading content, Users confirm they have the necessary rights (copyright, image rights, licenses) and grant Equiherds a royalty-free license (see Article 7.1) for use related to operating the Platform.

17. Duration, Termination, and Account Closure

17.1 Duration of Agreement

These Terms apply from the moment of User access to the Platform and remain in force until:

  • Voluntary closure of the account;
  • Termination by Equiherds;
  • Cessation of the Platform.

17.2 User-Initiated Termination

Users may close their account at any time via the account interface or by contacting support. For Consumers, termination is effective within 14 calendar days unless otherwise agreed.

17.3 Equiherds-Initiated Termination

Equiherds may suspend or terminate a User’s account:

  • With 14 days’ notice for any reason;
  • Immediately and without notice in case of:
    • Serious breach of these Terms;
    • Fraudulent activity;
    • Publication of unlawful content.

17.4 Consequences of Termination

Upon termination:

  • User data may be deleted, except for data required to be retained under applicable law;
  • Any unpaid fees remain due;
  • No refund will be issued unless legally required.

18. Force Majeure

18.1 Definition

In accordance with Article 1218 of the French Civil Code, Force Majeure refers to any event beyond the reasonable control of Equiherds that was unforeseeable, irresistible, and external, which prevents performance of contractual obligations.

18.2 Examples

Such events include but are not limited to:

  • Natural disasters (floods, storms, earthquakes);
  • Fires, explosions, or infrastructure failure;
  • Governmental or legal restrictions;
  • Pandemics or epidemics declared by national or international health authorities;
  • Cyberattacks or significant technological disruptions;
  • Wars, terrorism, riots, or civil unrest.

18.3 Consequences

In the event of Force Majeure:

  • The affected party shall be temporarily relieved from its obligations;
  • Performance deadlines are suspended for the duration of the event;
  • If the event lasts more than 30 consecutive days, either party may terminate the contract without liability, by written notice.

19. Dispute Resolution and Mediation

19.1 Initial Complaint Procedure

Users are encouraged to first contact Equiherds Customer Support to resolve any complaints or disputes:

  • Email: info@equiherds.com
  • Tel: +33 6 89 42 97 37

Equiherds will aim to respond within 15 business days.

19.2 Consumer Mediation (France)

In accordance with Article L612-1 of the French Consumer Code, Consumers may have recourse to a certified consumer mediator free of charge after exhausting internal complaint procedures.

19.2.1 Designated Mediator (to be inserted upon appointment):

  • [Name of Mediator]
  • Website: [URL]
  • Address: [To be inserted]

Equiherds will provide this information via the Platform and in Annex 2 once finalized.

19.3 European Online Dispute Resolution (ODR)

Consumers may also submit complaints via the European ODR platform:

👉 https://ec.europa.eu/consumers/odr

This applies to cross-border online transactions within the EU.

19.4 Jurisdiction in Legal Disputes

If no amicable settlement is reached:

  • For Consumer Users: jurisdiction lies with the courts of the Consumer’s place of residence, in accordance with Article R631-3 of the French Consumer Code.
  • For Professional Users: the courts of Paris, France, shall have exclusive jurisdiction.

20. Governing Law and Jurisdiction

20.1 Applicable Law

These Terms are governed and interpreted under French law, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

20.2 Mandatory Provisions

Nothing in these Terms affects the mandatory rights granted to Consumers under the laws of their country of residence, when such laws are more favourable than French law.

21. Final Provisions

21.1 Entire Agreement

These Terms constitute the entire agreement between Equiherds and the User. They supersede all prior understandings, written or oral, regarding the subject matter.

21.2 Severability

If any provision of these Terms is held invalid or unenforceable by a court, the remaining provisions shall remain in full force and effect.

21.3 Waiver

Failure or delay by Equiherds in exercising any right shall not be deemed a waiver of that right.

21.4 Modification of Terms

Equiherds may modify these Terms at any time. Users will be notified of material changes via the Platform or by email. Continued use after changes constitutes acceptance.

21.5 Language

These Terms are originally drafted in English. In case of translation, the English version shall prevail unless a French version is legally required.

22. Annexes

Annex 1 – Model Withdrawal Form

To be completed and returned only if the Consumer wishes to withdraw from the contract.

MODEL WITHDRAWAL FORM (Article L221-5 of the French Consumer Code)

To: Email Equiherds: info@equiherds.com

I hereby give notice that I withdraw from my contract for the provision of the following service:

Ordered on: [date]

Name of Consumer: [name]

Address of Consumer: [address]

Signature (if paper):

Date:

Annex 2 – Consumer Mediator (to be confirmed)

In accordance with Article L616-1 of the French Consumer Code, Equiherds will designate a consumer mediator. Details will be published on the Platform and updated here once finalized.

Annex 3 – Price List and Subscription Information

All current pricing information for services offered by Equiherds is available at:

👉 https://equiherds.com/pricing (placeholder URL)

Prices include applicable VAT and are subject to change. Users will be informed in advance of any pricing changes.

Annex 4 – Legal Notice (Mentions Légales)

In accordance with Article 6 of the LCEN, the following legal notice is provided:

  • Publisher: Equiherds
  • Head Office: Maine-et-Loire - France
  • Email: info@equiherds.com
  • Tel: +33 6 89 42 97 37
  • RCS: [To be inserted]
  • Director of Publication: [To be inserted]
  • Hosting Provider: [To be inserted – e.g., OVH, AWS]
Terms and Conditions | Platform Usage | EquiHerds