These general terms and conditions and all agreements and transactions between the Customer and Equibitfit shall be governed by Belgian law.
Article 1: General provisions
Equibitfit’s e-commerce, for Gitlirhof bv with its registered office at Vaartstraat 44 in Alveringem, VAT no. BE0449641124, Commercial Register of Veurne, offers its customers the opportunity to purchase the products from its web shop online. These general terms and conditions apply to any order placed by a visitor to the e-commerce website (customer). When placing an order via the Equibitfit web shop, the customer must explicitly accept these terms and conditions, thereby agreeing to the applicability of such terms and conditions to the exclusion of all other terms and conditions.
In the event of a dispute, the parties shall attempt to resolve it by mutual agreement and in good faith. If the dispute cannot be settled amicably, the competent courts of the district in which Equibitfit is located shall have exclusive jurisdiction to entertain the dispute.
The Customer, if he or she is a consumer, may also use the European Commission’s Online Dispute Resolution (ODR) platform to resolve disputes. The ODR platform can be accessed via the following link: https://ec.europa.eu/consumers/odr.
If any provision of these general terms and conditions is declared void or unenforceable by a competent court, this shall not affect the remaining provisions of these general terms and conditions which shall remain in full force and effect. The parties shall replace the void or unenforceable provision with a new provision that reflects as much as possible the original intention of the parties.
These general terms and conditions constitute the entire agreement between the Customer and Equibitfit with respect to the subject matter hereof and supersede all prior and contemporaneous written and oral statements, agreements and understandings with respect to the subject matter hereof.
We reserve the right to amend these general terms and conditions at any time. Any amendments shall be effective from the time they are published on our website. It is the Customer’s responsibility to consult the general terms and conditions regularly. By using our services after an amendment of the general terms and conditions, the Customer agrees to the amended terms and conditions. In any case, when booking a consultation via the website, the Customer is always asked to explicitly accept these general terms and conditions.
Article 2: Price
All prices quoted are given in euros, always including VAT. If delivery, travel , reservation or administrative costs are charged, this will be stated separately.
Article 3: Delivery
The delivery obligation only arises from the moment of payment for the goods ordered. We use Bpost services for deliveries or La Poste France.
Article 4: Warranty
The consumer has legal rights under the law of 21 September 2004 on the protection of consumers in the sale of consumer goods- This legal guarantee applies from the date of delivery to the first owner. To invoke the warranty, the customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods. For items purchased online and delivered to the customer’s home, the customer must contact Equibitfit by mail at info@equibitfit.com or by phone at 0032 475 781307 and return the item to Equibitfit at his or her expense. In the event of a fault or defect being identified, the customer must inform Equibitfit as soon as possible. Any defect must in any case be reported by the customer within a period of 2 weeks of such defect being established. Any right to repair or replacement shall lapse on expiry of the aforementioned period. The warranty never applies to faults or defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, adjustments or changes to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Article 5: Privacy
Equibitfit respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal data.
Article 6 : Intellectual property rights
All intellectual property rights relating to our website and our social media channels and their content, including but not limited to texts, images, logos and designs, are the property of Equibitfit. You may not copy, reproduce or use any part of our website or content without our permission.
Where a customer agrees to the taking of photos and/or videos at their consultation, they also agree that such materials may be used and distributed by Equibitfit for commercial, informational and educational purposes.
Article 7 : Customer’s liability
Equibitfit is committed to equine welfare. It is the Customer’s responsibility to ensure that the horse is fit for the scheduled consultation. We are not responsible for any consequences arising from the inadequate health or condition of the horse and/or the unsuitability of the location and/or conditions where the consultation takes place.
Equibitfit reserves the right at any time to decide not to conduct a consultation if we consider that the horse is not fit to participate in the consultation or the location and/or conditions are not suitable for the consultation to take place in a safe and high-quality manner. In such case, the cost of the consultation and travel expenses shall be charged in full.
Article 8 : Quality
Equibitfit strives to carry out consultations with the utmost care and professionalism. However, we cannot guarantee the results of our services and undertake a mere best-efforts commitment. If we consider that the problem for which Equibitfit was engaged cannot be remedied by us and may have another cause, referrals will be made to other professionals within our network if possible.
We shall not be liable for any damage, injury or loss to the Customer’s property (including the horse participating in the consultation and the Customer’s own equipment) as well as to the Customer himself as a result of the use of our services, unless there is intent or gross negligence on our part. As a participant, you are also responsible for contributing to your own safety, that of the horse and of the other course participants.
Insurance
Participants are not insured via the training venue during the course sessions. The course participant must take out liability insurance him/herself.
Taking part in a training course or consultation is at the participant’s own risk. Equibitfit is not liable for any consequences of any injury and/or damage sustained during participation in the training/course or after applying what has been learned in practice.
Article 9 : Payment
Unless otherwise agreed, the full amount shall be payable at the end of the consultation. Payment can be made by Bancontact app, bank transfer or cash.
For France, cheques are also accepted.
Professional customers who would like an invoice can specify this when settling the bill.
Article 10 : Cancellations
Cancellations must be communicated at least 48 hours before the start of the scheduled appointment by sending a message to 0032475781307. By booking an appointment, the Customer agrees that the full cost of the consultation will be charged in case of cancellation within 48 hours before the start of the scheduled appointment. If travel to the location of appointment was made or commenced by Equibitfit, full travel costs will also be charged in addition to the cost of the consultation.
Only force majeure can relieve the Customer from paying late cancellation charges, including:
– Sudden changes in weather conditions that could not be foreseen 48 hours in advance;
– The horse becomes unfit to participate in the consultation (accident, lame, colicky, sick, etc.) within the 48 hours before the consultation with proof from a vet or photos.
– The rider becomes unfit to participate in the consultation (accident, illness, death, etc. of himself or a close family member) within the 48 hours before the consultation with proof.
– It’s possible for someone else to attend in your place.
Article 11 : Applicable law and disputes
These general terms and conditions and all agreements and transactions between the Customer and Equibitfit shall be governed by Belgian law.
In the event of a dispute, the parties shall attempt to resolve it by mutual agreement and in good faith. If the dispute cannot be settled amicably, the competent courts of the district in which Equibitfit is located shall have exclusive jurisdiction to entertain the dispute.
The Customer, if he or she is a consumer, may also use the European Commission’s Online Dispute Resolution (ODR) platform to resolve disputes. The ODR platform can be accessed via the following link: https://ec.europa.eu/consumers/odr/.
If any provision of these general terms and conditions is declared void or unenforceable by a competent court, this shall not affect the remaining provisions of these general terms and conditions which shall remain in full force and effect. The parties shall replace the void or unenforceable provision with a new provision that reflects as much as possible the original intention of the parties.
These general terms and conditions constitute the entire agreement between the Customer and Equibitfit with respect to the subject matter hereof and supersede all prior and contemporaneous written and oral statements, agreements and understandings with respect to the subject matter hereof.
We reserve the right to amend these general terms and conditions at any time. Any amendments shall be effective from the time they are published on our website. It is the Customer’s responsibility to consult the general terms and conditions regularly. By using our services after an amendment of the general terms and conditions, the Customer agrees to the amended terms and conditions. In any case, when booking a consultation or a course via the website, by mail, via messenger,Instagram, Whatsapp or by phone and message, the Customer is always asked to explicitly accept these general terms and conditions.
