Algemene voorwaarden


1. General, Sophie Van Landeghem with registered office at Oude Veldstraat 51, 2960 Brecht, registered in the Crossroads Bank for Enterprises under number 0790.655.908 (“Epique”), has as its main activity the sale of horse equipment and equestrian articles.

Current general terms and conditions (hereinafter "GTC") apply to all offers, agreements, deliveries and sales concluded by Epique with a Customer (hereinafter "Customer"). The general terms and conditions of the Customer are expressly excluded.

The GTC are communicated to each Customer who places an order before a unique purchase agreement is concluded. Epique reserves the right to deviate from current GTC. However, this deviation is only valid if it is recorded in writing and signed by Epique prior to the order.

Current T&Cs are considered accepted by the Customer when placing an initial order.

The T&Cs are subject to change by Epique at any time without prior notice. If Epique decides not to invoke certain clauses from the GTC, this in no way results in a waiver of the GTC in their entirety.

2. Orders

Each order placed by the Customer constitutes an irrevocable purchase intention. Once accepted by Epique, an order cannot be modified or cancelled. However, Epique may expressly authorize in writing that:

A change in the order is implemented, whereby Epique reserves the right to postpone its initial delivery period as a result of the change;
An order by the Customer is canceled subject to payment of a penalty of 20% of the total price of the order payable by the Customer, subject to Epique's right to claim a higher amount if the damage suffered by Epique exceeds the fixed penalty of 20% of the total price.
A request to change the order will only be considered if this is notified in writing to Epique at the e-mail address:

Changes to the order approved by Epique will result in the target date stated in Article 3 being automatically extended in accordance with the former's estimate. In no way can Epique be held liable for alleged damages due to extensions of the target dates due to changes in the order requested by the Customer. Retaining the initial target dates in the event of changes to the order can only take place after express approval from Epique and always on the condition that all costs necessary to still achieve the initial target dates are borne by the Customer.

Negotiations regarding changes to the order can in no way affect the execution of the initial purchase agreement. Neither party has the right to suspend the performance of the initial order or obligations arising therefrom (such as payment for delivered goods) as a result of negotiations regarding changes to the order.

3. Delivery and Risk

The order confirmation issued by Epique may contain a target date for delivery. This target date is purely indicative and informative. The postponement of the target date can in no way give rise to any form of compensation with regard to the Customer, or to refusal of payment for the delivered goods, nor can any postponement give grounds for canceling the order.

The risk of loss and damage to the goods is transferred to the Customer upon delivery.

Unless agreed otherwise in writing, delivery will take place Ex Works at the address of Epique's registered office. The costs and risks of transport are borne by the Customer. Epique bears no responsibility whatsoever for any consequences of transport, theft, destruction or any other risk, even if the carrier has been chosen by Epique. In the event of damage of any kind occurring during transport, the Customer has no recourse against Epique and the Customer must exercise recourse against the carrier or its insurer.

The loading of the goods is done by the Customer and at his risk. The Customer is liable for all damage during or after delivery.

The Customer who refuses to collect the ordered goods pays a storage fee of EUR 25 net per day after the 15th day of the date of initial delivery. All risks of fire, theft or any other damage are borne by the Customer from the date of initial delivery. In case the Customer refuses to collect the ordered goods on the date of the initial delivery, the purchase price will be immediately due and payable by Epique from the date of the initial delivery. The Customer can only receive the goods after that if he has paid Epique the full purchase price, the storage fee owed and any default interest and compensation.

Epique is entitled to deliver the goods in parts, unless this has been deviated from by agreement or the partial delivery has no independent value. Epique is entitled to invoice the thus delivered separately.

4. Complaints

It is up to the Customer to check the delivered goods and, if necessary, to make all necessary comments about the goods in accordance with the conditions as described below. Failing this, the goods will be deemed to have been delivered in accordance with the agreement.

Remarks regarding the conformity of the goods or visible defects must be made by registered letter to Epique within 8 days of receipt of the goods, accompanied by photos that demonstrate the non-conformity or visible defects.

Any resale or use of the goods by the Customer deprives it of the right to formulate any comment regarding the conformity of the goods. The warranty does not cover defects or any loss of goods resulting from careless storage of the goods by the Customer. The comments formulated by the Customer in no way allow it to fail to fulfill its payment obligations with regard to the delivered goods.

No legal claim based on non-conformity can be brought by the Customer more than 1 month after the delivery of the goods and a legal claim within this expiry period can only be made insofar as the comments have been formulated and submitted together with the photographs for proof within 8 days after delivery of the goods. After the expiry of this period, the Customer can no longer invoke any non-conformity or visible defect with regard to the goods, nor can it invoke any non-conformity or visible defect to defend itself against Epique when the latter has a claim for payment. of outstanding debts.

5. Hidden Flaws

Hidden defects are understood to mean manufacturing defects that make normal use of the good impossible and that were not detectable to the Customer before use (“Hidden defects”). Epique indemnifies the Customer against Hidden Defects, under the legal provisions and under the following conditions:

The guarantee only applies to goods that have legally become the property of the Customer;
The warranty only applies to goods sold solely by Epique;
The guarantee is limited to the replacement or repair of the defective parts without the Customer being able to claim compensation and this regardless of the cause;
The warranty does not cover defects and theft as a result of storage at the Customer;
The warranty does not cover abnormal use of the goods or use that is not in accordance with the instructions for use included in the manual that is handed over to the Customer at the time of purchase;
The warranty does not cover defects resulting from lack of maintenance;
The warranty does not cover the level of performance desired by the Customer;
The hidden defect will be notified to Epique by registered letter within 48 hours after becoming aware of the hidden defect and must be supported by photos that substantiate the hidden defect. Failing this, any intervention from Epique will lapse.
In the event of outstanding debts of the Customer, Epique is always permitted to suspend repairs and/or replacements under the warranty until full payment of the debts.

6. Return

Each Customer has the right to withdraw from an agreement within 14 days without stating reasons in the case of a distance sale.
This withdrawal period starts on the day after the Customer has received the purchased goods. In the event that the right of withdrawal is invoked, he must return the goods within 14 days after the right of withdrawal was invoked.
After receipt of the returned goods, the payments received for the goods concerned will be refunded. This revocation must be made in writing.

However, the Customer cannot invoke this right of withdrawal if the goods in question were produced and tailored to the personal wishes of the Customer.

If you exercise your right to cancel your order, the shipping costs will always be borne by the Customer. Choose a shipping option and drop off the package at the nearest postal point.

Returned products must be returned in an unaltered and unused condition. This means that labels, Velcro fasteners and plastic protective material must be in the same condition as when the product was delivered. For an approved return, all products must be returned in the original packaging and in the same manner as they were received.

If the return product does not meet the above conditions and is, for example, damaged or provided with dirt or hair or a broken label, Epique has the right to charge costs for the damaged product.

These costs can amount to 100% of the value of the product if the product is no longer salable. The purchase amount will then be refunded minus the costs for the damaged product.

The Customer will receive the payment back as soon as the return shipment has been received and checked. The Customer will receive the amount of the returned products back. The shipping costs of the original order will not be refunded.

In the event of a non-conforming delivery, a visible or hidden defect is effectively established by Epique and the conditions for intervention in the guarantee have been met, the Customer can only request the refund of the goods that were not in conformity, without the Customer being entitled to any compensation or dissolution of the agreement.

The Customer must take into account that leather is a natural product. Differences in structure and appearance of leather products are not considered a defect and are therefore not a valid reason to return a product or to submit a complaint.

7. Price

The prices and rates applicable to the order are those that apply at the time of placing the order by the Customer as provided for in Article 2. The prices and rates are determined exclusively by Epique and can be adjusted by Epique at any time. without retroactive effect and only for the future. The changed prices will apply as soon as they are communicated to the Customer. No document submitted by the Customer can lead to any change in prices or rates. The prices are shown excluding delivery costs and packaging costs.

In case of a quotation, Epique can grant a discount based on the total order. If, after placing the order, the Customer decides to withdraw a number of goods, Epique reserves the right to cancel the discount and charge the standard price without discount.

8. Payment

Only the effective collection of the full amount of the outstanding sums will count as full payment. To be opposable to Epique, any protest against an invoice must be sent by registered mail to the latter within 8 calendar days after receipt of the invoice. This protest must be substantively substantiated in order to be valid.

If Epique has reasonable suspicions that the Customer is in payment difficulties, does not offer any guarantee of solvency or if the Customer has already failed to pay Epique or others for one or more orders within the foreseen term, Epique is entitled to cancel the acceptance or suspend the execution of the order until payment of an advance or the full amount of a future invoice.

In case of refusal by the Customer of the aforementioned terms and conditions drawn up by Epique without the former offering a sufficient solvency guarantee, Epique is entitled to refuse the continuation of orders placed or the delivery thereof, without the Customer being able to regard this as an unjustified refusal to sell. or without any right to compensation.

9. Late / non - payment

In the event of a payment default, a contractual compensatory interest of 1% per month will automatically be due by operation of law and without notice of default on the principal sum from the due date to the date of payment.

In addition, in the event of a payment default, a contractually stipulated compensation will become due and payable, estimated at 10% on the principal amount of the invoice, with a minimum amount of 150 euros, as compensation for the damage suffered at that time, accepted as established by the Customer, following disorganization of the liquidities, administration costs, collection costs and generally business economic difficulties resulting from this payment default, without prejudice to Epique's right to claim higher compensation if the damage actually suffered exceeds the fixed amount.

10. Retention of Title

The goods remain the property of Epique until full payment of the price stated on the invoice.

This is an express derogation from Article 1583 of the Dutch Civil Code.

11. Force Majeure

In case of force majeure, Epique is not obliged to fulfill its obligations towards the other party. Epique is entitled to suspend its obligations for the duration of the force majeure.

Force majeure is understood to mean any circumstance beyond its control that prevents the fulfillment of its obligations towards the other party in whole or in part.

In such circumstances, Epique will inform the Customer of the situation of force majeure and of the immediate suspension of the obligations of the parties by operation of law and without any right to compensation. In the event of definitive force majeure, the agreement will be dissolved without any right to compensation from the Customer.

12. Indivisibility

If one or more of the clauses of these GTC are declared null and void, this nullity will in no way affect the other provisions of the GTC, nor the agreement as a whole.

13. Intellectual Property

Any technical document, technique or good subject to Epique's intellectual rights must be returned to it upon first request and cannot be alienated, copied, used or commercialized without Epique's prior written consent.

14. Applicable law and competent court

The contractual relationship between Epique and the Customer is exclusively governed by Belgian law. The application of the Vienna Sales Convention is explicitly excluded.

Any dispute between Epique and the Customer will be brought exclusively before the competent courts of Antwerp.

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