Terms & Conditions

DBS Equestrian BV

GENERAL TERMS AND CONDITIONS WEBSHOP B2B AND B2C

1. INFORMATION ABOUT DBS Equestrian BV

2. DEFINITIONS

OFFER:

The various PRODUCTS listed on the WEBSITE offered for sale

PURCHASE PROCESS:

The purchase process as described in article 4.1 of the general terms and conditions

CUSTOMER:

Every CONSUMER and every natural or legal person who purchases or will purchase PRODUCTS via the WEBSITE, (whether or not) for professional purposes

CONSUMER:

Every natural person who acts for purposes outside of his trade, business, craft or professional activities and who purchases or may purchase PRODUCTS via the WEBSITE

COMPANY:

DBS Equestrian, a private limited company under Belgian law, with registered office at Berkenbroekstraat 1, 3960 Bree, registered in the legal entity register under number 0737.613.932, known at the Commercial Court of Antwerp, Division Tongeren

AGREEMENT:

The remote agreement concluded via the WEBSITE between the COMPANY and the CUSTOMER  concerning the purchase of PRODUCTS

PRODUCTS:

All goods available for purchase on the WEBSITE

WEBSITE:

The website of the COMPANY: www.dbs-equestrian.com

WORKDAY:

Every day, except Saturdays, Sundays, and national holidays in Belgium

3. APPLICABILITY

3.1.  These general terms and conditions apply to every OFFER from the COMPANY and to all AGREEMENTS.

3.2.  These general terms and conditions will be made available to the CUSTOMER at least before the conclusion of the AGREEMENT in a manner that allows the CUSTOMER to store the general terms and conditions on a durable electronic data carrier.

3.3.  Acceptance of these general terms and conditions also implies that the CUSTOMER completely waives the application of its own general (purchase) conditions.

3.4.  The COMPANY can amend these general terms and conditions at any time. The general terms and conditions in force at the time of the purchase of the PRODUCTS will apply.


4. GENERAL – CONCLUSION AND DURATION OF THE AGREEMENEET

4.1.  The AGREEMENT is concluded as soon as the CUSTOMER has completed the PURCHASE PROCESS. The PURCHASE PROCESS is completed at the moment the CUSTOMER has reviewed his order, pressed the confirm button, and the payment is completed.

4.2.  The AGREEMENT and the general terms and conditions remain in force until all obligations by the CUSTOMER and the COMPANY have been fulfilled.


5. DESCRIPTION OF THE PRODUCTS

5.1.  For each PRODUCT, photos and a product description are provided.

5.2.  The COMPANY makes all reasonable efforts to ensure that colors and product descriptions are displayed as accurately as possible. This is only a commitment of effort and not a commitment to results.

6. PRICE

6.1.  The prices of the PRODUCTS are the prices listed on the WEBSITE at the time the CUSTOMER places an order.

6.2.  All prices are displayed in EURO and include VAT.

6.3.  Under no circumstances shall the CUSTOMER invoke Article 5.97 of the Civil Code regarding price reduction.

6.4.  All prices exclude delivery costs. Delivery costs are borne by the CUSTOMER.

6.5.  Before the PURCHASE PROCESS is completed, the total price, including all costs and taxes, will be displayed.

6.6.  If a PRODUCT is not priced correctly on the WEBSITE, the COMPANY will contact the CUSTOMER in writing, via email, as soon as the COMPANY becomes aware of the incorrect price. The CUSTOMER has the option to purchase the PRODUCTS or cancel the order in accordance with the cancellation procedure specified in Article 10. The order will only be processed after the COMPANY receives the written instructions from the CUSTOMER within 14 days from the moment the COMPANY notified the CUSTOMER of the price change. If the COMPANY fails to contact the CUSTOMER, or if the COMPANY does not receive a response from the CUSTOMER within the aforementioned period, the COMPANY will consider the order canceled and will inform the CUSTOMER of this in writing, via email.

7. PAYMENT AND PAYMENT METHODS

7.1.  The CUSTOMER can pay for the PRODUCTS using the following payment methods: Bancontact, iDeal, Paypal, SOFORT Banking, EPS, Giropay, Przelewy24 (Poland) or with a credit card from Mastercard, VISA, and American Express.

7.2.  If payment is made via Mastercard, Maestro, Visa, or American Express, the CUSTOMER must pay immediately at the time of finalizing the order.

7.3.  If the CUSTOMER pays via bank transfer, the payment obligation of the CUSTOMER arises at the time of finalizing the order, and the CUSTOMER must make full payment within three (3) calendar days.

7.4.  The COMPANY will only start processing orders upon receipt of full payment. If the COMPANY does not   receive full payment within three (3) WORKING DAYS after the order is finalized, the COMPANY has the      right to cancel the order. The CUSTOMER will be informed of this in writing, by email.

7.5.  Until full payment is received, the PRODUCTS remain the exclusive property of the COMPANY.

7.6.  In case of late payment by a CONSUMER, after a period of at least fourteen calendar days from the third working day following the sending of a registered notice of default, or on the calendar day following the day on which a notice of default was sent by email, default interest and a fixed compensation are due. The default interest rate is equal to the interest rate as included in the Law of August 2, 2002, on combating late payment in commercial transactions, which is conventionally applicable. The fixed compensation will be: for debts under 150.00 euros: 20.00 euros; for debts between 150,01 euros and 500.00 euros: 30.00 euros + 10% on the amount above 150.00 euros; for debts above 500.01 euros: max. 65.00 euros + 5% on the amount above 500.00 euros, with a maximum of 2,000.00 euros.

In the event of non-payment or late payment by a CUSTOMER who is not a CONSUMER, any amount that remains unpaid will automatically, and without any prior notice of default, accrue an interest equal to the interest rate referred to in the Law of August 2, 2002, on combating late payment in commercial transactions, and a fixed compensation of 10% of the total outstanding balance due.

8. SHIPPING AND DELIVERY

8.1. To the extent that the purchased PRODUCTS are in stock and the COMPANY has received full payment, the COMPANY will deliver the PRODUCTS within a period of three (3) WORKING DAYS for delivery in Belgium and within five (5) WORKING DAYS for delivery to other European countries. This is a commitment of effort and not a commitment to results.

8.2. The COMPANY will deliver the order to the address provided by the CUSTOMER during the PURCHASE PROCESS. The COMPANY uses Bpost, PostNL, Deutsche Post, or DHL for this purpose.

8.3. The CUSTOMER will receive a confirmation via email once the order is shipped. This confirmation will include a tracking number and the estimated delivery date.

8.4. If there is no one available at the CUSTOMER’s address at the time of delivery, the CUSTOMER must follow the instructions of the delivery service responsible for delivering the order.

8.5. Upon delivery, the CUSTOMER must immediately inspect the PRODUCTS for any damage. If the PRODUCTS are damaged, the CUSTOMER must refuse the delivery and promptly notify the COMPANY via email addressed to info@dbs-equestrian.com. Upon notification, the COMPANY will provide the CUSTOMER with the necessary instructions regarding the return of damaged PRODUCTS.

9. FORCE MAJEURE

9.1.  Force majeure is understood to mean any circumstance beyond the control of the COMPANY or the CUSTOMER that is unforeseeable and that makes the execution of the AGREEMENT wholly or partially impossible. Force majeure includes, among other things, force majeure with the subcontractors of a party, war situations, riots, exceptional natural or weather conditions (floods, lightning strikes, storms, earthquakes, hurricanes, etc.), epidemiological outbreaks, national, regional, or professional strikes, lockouts, government measures, fire, technical malfunctions of installations, pandemic events, and any   increase or evolution thereof, acts of terrorism. This enumeration is not exhaustive.

9.2. The COMPANY is not liable or responsible for the non-performance or delay in the performance of its obligations under the AGREEMENT that is due to force majeure.

9.3.  In the event of force majeure:

–  the COMPANY will notify the CUSTOMER thereof in writing, via email, or by phone, and;


– the obligations of the COMPANY under the AGREEMENT will be suspended, and the deadline for the performance of the obligations will be extended for the duration of the force majeure. To the extent that the force majeure continues for a period of three (3) consecutive months, the CUSTOMER has the right to terminate the AGREEMENT. The CUSTOMER must notify the COMPANY of this in writing in accordance with Article 18 of these general terms and conditions.


10. RIGHT TO CANCEL AN ORDER BEFORE FIRST DELIVERY (Applicable to CONSUMERS only)

10.1. The CUSTOMER has the right to cancel the order without specifying a reason and without any costs before the order is shipped.

10.2. The CUSTOMER can cancel the order by sending an email to info@dbs-equestrian.com. After the cancellation of the order, the CUSTOMER will receive a confirmation of the cancellation via email, and the COMPANY will refund the amounts already paid using the same payment method that was used for the original order.

10.3. After receiving confirmation that the order has left the COMPANY (in accordance with Article 8.2), the CUSTOMER cannot cancel the order anymore.

10.4. If the order is not canceled (timely), it will be delivered, and the CUSTOMER, to the extent that he/she is a CONSUMER, can return one or more PRODUCTS according to the procedure described in Article 11.

11. RIGHT OF WITHDRAWAL AND REFUND (Applicable to CONSUMERS only)

11.1.  The CONSUMER has a legal right to partially or fully withdraw from the AGREEMENT during the period as determined in Article 11.2. The CONSUMER must inform the COMPANY in writing of their decision to partially or fully revoke the AGREEMENT and receive a refund. The CONSUMER is not required to provide a reason for the revocation but is provided with the opportunity to do so. To exercise the revocation of the AGREEMENT, the CONSUMER can use the model form provided in Annex 1 of the general terms and conditions.

11.2.  The CUSTOMER has fourteen (14) calendar days to withdraw from the AGREEMENT. If the delivery is a single PRODUCT, the term begins the day after the CONSUMER receives the PRODUCT.

11.3.  If the COMPANY has not provided the CONSUMER with the legally required information regarding the CONSUMER’s right of withdrawal, the CONSUMER will have twelve (12) months to withdraw from the AGREEMENT, starting from the day after the end of the above-mentioned initial fourteen (14) calendar day term. If the COMPANY has provided the CONSUMER with the legally required information regarding the CONSUMER’s right of withdrawal within the above-mentioned twelve (12) month term, the CONSUMER has fourteen (14) calendar days to withdraw from the AGREEMENT, starting from the day after receiving the information from the COMPANY.

11.4. PRODUCTS are eligible for withdrawal and refund only to the extent that the CONSUMER has handled the PRODUCT and packaging carefully. The CONSUMER may only unpack or use the PRODUCT to the extent necessary to determine the nature, characteristics, and functioning of the product. The underlying principle is that the CONSUMER may handle and inspect the PRODUCT as they would in a physical store.

The CONSUMER cannot exercise the right of withdrawal with regard to:

(a) PRODUCTS that are tailored to the CONSUMER’s specifications or that are clearly intended for a specific person (e.g., personalized items);

(b) PRODUCTS that can quickly perish or have a limited shelf life.

11.5. If the CONSUMER decides to partially or fully withdraw from the AGREEMENT, the CONSUMER   must notify the COMPANY in writing by sending an email to info@dbs-equestrian.com, clearly stating their intention to withdraw from the AGREEMENT.

The CONSUMER must return the PRODUCTS they do not wish to keep to the COMPANY without undue    delay and in any case no later than fourteen (14) calendar days after sending the notification of  revocation to the COMPANY. The PRODUCTS must be sent back to the COMPANY in the same manner as the CONSUMER received them. The CONSUMER will receive the return label via email. The return label must be affixed to the packaging of the PRODUCTS the CONSUMER wishes to return.

11.6. The costs for returning the PRODUCTS are borne by the CONSUMER.

11.7. In the event of withdrawal, the COMPANY will refund the amounts already paid by the CONSUMER for the returned PRODUCTS within a reasonable period after receiving and inspecting the PRODUCTS, using the same payment method used for the original order. The COMPANY may refuse the refund if the CONSUMER has treated the PRODUCTS in a manner not allowed in a physical store.

12. STATUTORY WARRANTY (Applicable to CONSUMERS only)

12.1. The CONSUMER has the right to a statutory warranty of two years under the conditions provided by the applicable legislation. The statutory warranty covers any defect or lack of conformity of the PRODUCTS that manifests within a period of two years from the date of delivery of the PRODUCTS. This is applicable only to the extent that the defect or lack is not due to the CONSUMER’s incorrect or careless use of the PRODUCTS.

12.2.  The CONSUMER must inform the COMPANY via info@dbs-equestrian.com about the defective PRODUCTS  within a period of two (2) months after the defect became known or could reasonably have been known  by the CONSUMER.

12.3. If a defect arises within the statutory warranty period of two years, the CONSUMER must follow the procedure as determined in Article 11.1. Upon receiving the defective PRODUCT, the COMPANY, at the   CONSUMER’s choice, will either send a new PRODUCT or repair the PRODUCT, and the COMPANY will cover all costs related to the exchange/repair of the PRODUCTS.

12.4. The PRODUCT can only be replaced and delivered to the extent that it is still available/in stock with the COMPANY’s suppliers. If repair or replacement is not possible or cannot be done within a reasonable period, the CONSUMER has the right to terminate the AGREEMENT, and the COMPANY will refund the price in accordance with Article 11.7.

13. WARRANTY FOR NON-CONSUMER CUSTOMERS

13.1.  If the CUSTOMER is not a CONSUMER, a warranty for hidden defects applies for a period of three  months, provided that:

(a) The defect significantly renders the goods unfit for use;

(b) The instructions resulting from the product and usage instructions and any warnings have been followed;

(c) The defects have been reported in accordance with the provision in Article 18 of these general terms and conditions within a period of two (2) months after the defect became known or could reasonably have been known by the CUSTOMER.

13.2.  If a defect arises within the aforementioned three-month warranty period, the CUSTOMER must follow the procedure as determined in Article 11.1. Upon receiving the defective PRODUCT, the COMPANY will send the CUSTOMER a new PRODUCT, and the COMPANY will cover all costs related to the exchange of the PRODUCTS.

13.3.  The PRODUCT can only be replaced and delivered to the extent that it is still available/in stock with the COMPANY’s suppliers. If replacement is not possible or cannot be done within a reasonable period, the CUSTOMER has the right to terminate the AGREEMENT, and the COMPANY will refund the price in accordance with Article 11.7.

14. USE OF PERSONAL DATA

14.1. The COMPANY uses the personal data of the CUSTOMER solely in accordance with the Privacy Policy on the WEBSITE.

15. LIABILITY

15.1. The liability of the COMPANY is in any case limited to direct damages, and the amount of any compensation cannot exceed the paid price of the PRODUCTS.

15.2. In no event shall the COMPANY be liable for damages arising from the non-compliance or inadequate compliance with product and usage instructions and any warnings, and the CUSTOMER indemnifies the COMPANY from any claims by a third party in this regard.

15.3. The COMPANY only commits to delivering the PRODUCTS offered on the WEBSITE. The COMPANY cannot be held liable for not achieving the intended purpose of the CUSTOMER (e.g., addressing specific health     issues, etc.). The COMPANY does not assume any (resulting) obligation for this.

15.4.  The COMPANY will in no event be liable for:

• Indirect or consequential damages, including but not limited to loss of profit, loss of use, reduced goodwill, missed savings, loss of commercial opportunities;

• Damages caused by third parties;

• Damages resulting from force majeure on the part of the COMPANY, as defined in Article 9 of these general terms and conditions;

• Damages resulting from incorrect information provided by the CUSTOMER to the COMPANY.


15.5. No claim for damages can be filed against the COMPANY more than one (1) year after the cause of the damage occurred.

15.6.  Liability limitations in this article do not apply to liabilities resulting from intentional misconduct or gross egligence of the COMPANY or other liabilities that cannot be excluded or limited by law.

16. COMPLAINTS PROCEDURE

16.1. If the CUSTOMER has complaints, they can contact the COMPANY through the email address: info@dbs-equestrian.com.

16.2. The CUSTOMER can also submit their complaint through the online dispute resolution platform provided by the European Union, http://ec.europa.eu/odr.

17. INTELLECTUAL PROPERTY

17.1. The website, logos, texts, photos, names, and all communication in general are protected by intellectual property rights held by the COMPANY, its suppliers, or other rightful owners.

17.2. It is prohibited to use and/or modify these intellectual property rights. For example, drawings, photos, texts, logos, color combinations, etc. may not be copied or reproduced without prior written consent from the COMPANY.

18. NOTIFICATIONS

18.1.  All written notifications that occur in the context of an AGREEMENT must be sent via email. For written notifications to the COMPANY, this must be done through info@dbs-equestrian.com. For written notifications to the CUSTOMER, the COMPANY will use the contact details (including the email address) provided by the CUSTOMER during the PURCHASE PROCESS.

19. APPLICABLE LAW AND DISPUTES

19.1. Belgian law applies to these general terms and conditions, the OFFER, and the AGREEMENT. The  application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

19.2. All disputes arising from or in connection with these general terms and conditions, the AGREEMENT, fall under the exclusive jurisdiction of the courts of the judicial district of Antwerp, division Tongeren.

20. OTHER PROVISIONS

20.1. The invalidity or unenforceability of any provision or clause of the general terms and conditions will not affect the validity or enforceability of any other provision or clause of these general terms and conditions or of the general terms and conditions as a whole. In case the validity or enforceability of any provision or clause of these general terms and conditions is questioned or challenged, the COMPANY undertakes to take reasonably necessary or useful actions, including the rewording of the relevant provision or clause, to ensure that such provision or clause remains fully effective and operational in a legal manner, or to replace such provision or clause with any other provision or clause that economically, has the same effect for all parties involved, unless such invalidity or unenforceability of the relevant provision or clause would undermine the purpose or balance of these general terms and conditions.

20.2. The COMPANY has the right to transfer its rights and obligations under the AGREEMENT to a subcontractor, but this will not affect the rights and obligations under these general terms and conditions.

20.3. The CUSTOMER cannot invoke Article 5.74 of the Civil Code.

Attachment 1 – Model Withdrawal Form

(Complete and return this form only if you want to withdraw from the Agreement)

(* = delete as appropriate)

• To … (here, the Company should provide its name, address, and email address)
• I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/ provision of the following service (*): …
• Ordered on ()/received on () …
• Name of the consumer(s) …
• Address of the consumer(s) …
• Date …
• Signature of the consumer(s) (only if this form is submitted on paper) …