General terms and conditions of sale
Updated on 26-09-2019
Article 1 - Purpose
These general terms and conditions (hereinafter the "General Terms") govern the relationship between the company Horse Remedy SRL - Leuvensesteenweg 20, 1320 Beauvechain - VAT BE0712635541, specializing in the sale of natural products for horses, and the customer (hereinafter the "Customer") and apply to any sale of goods or services between Horse Remedy SRL and the Customer.
Article 2 - Prices
The prices of our products are indicated in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise stated, and excluding processing and shipping fees. In the case of an order to a country other than Belgium, the Customer is the importer of the concerned product(s). Customs duties or other local taxes or import duties may be payable. These duties and amounts are not the responsibility of Horse Remedy and will be entirely at the expense and responsibility of the Customer, both in terms of declarations and payments to the competent authorities and organizations of the concerned country. We strongly recommend that the Customer inquire about these aspects with the relevant local authorities. All orders, regardless of their origin, must be paid in euros. Horse Remedy reserves the right to modify its prices at any time, but the product will be invoiced based on the rate in effect at the time of order validation and subject to availability.
Article 3 - Transfer of Ownership and Risks
Horse Remedy retains its ownership rights over the products sold until the full payment of the price and all its accessories (possible fees, interest, and penalties). Consequently, the Customer expressly forbids modifying, transforming, or altering the products covered by the contract in any way or selling, transferring, pledging, exchanging, renting, depositing, or disposing of them in any way before full payment. Without prejudice to the above and the applicable legislation for the Customer with consumer status, the physical possession by the Customer of the ordered products transfers all risks of loss or damage to the Customer.
Article 4 - Orders
You can place an order as follows: Specify the chosen modalities, for example: • Online: www.horseremedy.eu Contractual information is presented in French and will be confirmed at the latest upon validation of your order. Horse Remedy reserves the right not to record a payment and not to confirm an order for any reason, particularly in case of supply problems or difficulties concerning the received order. • In our premises • Via email to info@horseremedy.eu
Article 5 - Validation of Your Order
Any validation of an order, including that placed via the website www.horseremedy.eu, irrevocably and unconditionally implies adherence to these General Terms, without exception or reservation. All provided data and the recorded confirmation will serve as proof of the transaction. The order confirmation will be considered a signature and acceptance of the operations carried out. The deadlines set for the execution of services or deliveries by Horse Remedy are, unless otherwise stipulated, indicative only.
Article 6 - Payment
Validating your order implies the Customer's obligation to pay the indicated price. Unless expressly agreed otherwise between the parties, payment is made by credit card using the secure Paypal or Hipay system. The debit of the card is only made at the time of shipment of the order. In the case of fractional deliveries, only the shipped products are debited. For sales concluded between Horse Remedy SRL and professional Customers, invoices are payable at the registered office of Horse Remedy SRL, no later than seven days from their dispatch. After this period, any unpaid amount will automatically and without notice produce a conventional interest of 12% per annum, and will also be increased automatically and without notice, by a flat-rate and non-reducible indemnity of 15% of the remaining unpaid amount with a minimum of €50 per invoice. Under penalty of forfeiture, any dispute regarding an invoice must reach us in writing within five days of its dispatch. A payment reminder fee of €50 may also be applied after 30 days of exceeding the deadline.
Article 7 - Right of Withdrawal for Consumer Customers
The Customer with consumer status has a period of fourteen (14) calendar days to cancel his order and, if necessary, return at his own expense the Product(s) he ordered, without penalties and without giving any reason. Returns must be made in their original and complete condition (packaging, accessories, instructions), under the full responsibility and at the entire expense of the Customer. Any damage suffered by the product on this occasion may invalidate the right of withdrawal. This withdrawal period runs from the day after the delivery of the order. The Product(s) must be returned to the following address: HORSE REMEDY SRL Leuvensesteenweg 20, 1320 Beauvechain, Belgium. Proof of return by mail or relay must be validated. In case of exercise of the right of withdrawal under the aforementioned conditions, Horse Remedy will refund the amounts paid by the Customer for the affected product within 10 days following the notification of withdrawal via the same means of payment used during the order. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL Horse Remedy SRL recalls, as necessary, that goods and services listed in Article VI.53 of the Economic Law Code cannot be subject to the right of withdrawal, including but not limited to: 1° service contracts after the service has been fully performed if the performance has begun with the consumer's prior express agreement, who has also acknowledged that he will lose his right of withdrawal once the contract has been fully performed by the company; 2° the supply of goods or services whose price depends on fluctuations in the financial market beyond the company's control and which may occur during the withdrawal period; 3° the supply of goods made to the consumer's specifications or clearly personalized; 4° the supply of goods liable to deteriorate or expire rapidly; 5° the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery; 6° the supply of goods which, after being delivered, and by their nature, are inseparably mixed with other items;
Article 8 - Availability
Products are offered for sale by Horse Remedy SRL as long as they are visible on the website www.horseremedy.eu and within the limits of available stocks. For non-stocked products, our offers are valid subject to availability from our suppliers. In the event of unavailability of the product after placing the order, Horse Remedy SRL will inform the Customer by email. The order will be automatically canceled, and no bank debit will be made. In addition, the website www.horseremedy.eu is not intended to sell its products wholesale or in significant volume. Therefore, Horse Remedy SRL reserves the right to refuse orders for more than 10 identical items.
Article 9 - Delivery
Products are delivered to the delivery address indicated during the order process, within the time indicated on the order validation page. In case of delayed shipment, an email will be sent to inform you of any consequences on the indicated delivery time. In accordance with legal provisions (art. VI.43 of the Economic Law Code), Customers with consumer status only, in the event of a delivery delay and after a letter instructing Horse Remedy to make the delivery within a reasonable period given the circumstances, may cancel the order by registered letter with acknowledgment of receipt if, following this formal notice, Horse Remedy does not execute within the indicated period. The sums paid by the Customer will then be returned to him within a maximum period of fourteen days following the date on which the contract was terminated.
Article 10 - Warranty
All products supplied by Horse Remedy SRL benefit from the legal guarantee provided for in articles 1649bis to 1649octies of the Civil Code. The Customer is required to notify Horse Remedy SRL of the existence of hidden defects by registered letter within ten days of their discovery. This warranty only covers defects of conformity existing at the time of delivery of the goods. The products must be returned in their original condition and packaging, with all accessories and instructions. The warranty does not cover damage caused by external events, accidents, wear and tear, or use not in accordance with the instructions. In the event of a defect, the Customer has the choice between the replacement or repair of the product (unless the chosen option entails a manifestly disproportionate cost for Horse Remedy). In the event of the impossibility of repair or replacement, the Customer may return the product and obtain a refund or keep the product and obtain a partial refund. The return costs are borne by Horse Remedy SRL.
Article 11 - Intellectual Property
All elements of the website www.horseremedy.eu are and remain the exclusive intellectual property of Horse Remedy SRL. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site, whether they are software, visual, or sound. Any simple link or hypertext link is strictly prohibited without the express written consent of Horse Remedy SRL.
Article 12 - Privacy Policy
Horse Remedy SRL undertakes to preserve the confidentiality of the information provided by the Customer, which he would have to transmit for the use of certain services. Any information concerning him is subject to the provisions of the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data. As such, the Customer has the right to access, modify, rectify, and delete data concerning him. He can request it at any time by sending an email to info@horseremedy.eu or by mail to HORSE REMEDY SRL, Leuvensesteenweg 20, 1320 Beauvechain, Belgium. In addition, Horse Remedy SRL undertakes not to communicate the details of its Customers to third parties.
Article 13 - Force Majeure
Neither party will have failed in its contractual obligations insofar as their execution is delayed, hindered, or prevented by a fortuitous event or force majeure. The party affected by such circumstances will notify the other within ten days of the date on which it becomes aware. The two parties will then, within three months, unless impossibility due to force majeure, agree on the conditions under which the execution of the contract will be continued. If the force majeure lasts longer than one month, these terms and conditions may be terminated by the injured party. Explicitly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of Belgian courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to external telecommunications networks to customers.
Article 14 - Applicable Law
All the clauses appearing in these general terms and conditions, as well as all the operations of purchase and sale which are aimed at them, will be submitted to Belgian law.
Article 15 - Disputes
All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning both their validity, interpretation, execution, termination, consequences, and their after-effects, will be submitted to the competent courts in accordance with common law.
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