Terms & Conditions

Definitions

Agreement: The agreement concluded between the Company and the Customer for the purchase of the Products, of which the General Terms and Conditions form an integral part.

Article: Each Article of these General Terms and Conditions.

Company: FOUR EQUESTRIAN BV, a private limited company incorporated under Belgian law, having its offices at Lovegemstraat 8, 1861 Wolvertem (Belgium) and registered in the Crossroads Bank for Enterprises under the number VAT BE 1037.679.571 (RLE Brussels, Dutch section).

Customer: Any natural person acting for purposes falling outside its trade, business, craft or professional activities, and who purchases the Products from the Company or the Third Party Seller.

Force Majeure: Any unforeseeable event which cannot be attributed to the party invoking the Force Majeure, and which renders the performance of the obligations by that party impossible, including, but not limited to, (a) a flood, drought, earthquake or other natural disaster; (b) an epidemic or pandemic; (c) a terrorist attack, civil war, unrest or riot, war, threat of war or preparation for war, armed conflict, sanction, embargo or severance of diplomatic relations; (d) any nuclear, chemical or biological contamination; (e) any law or action taken by a government or public authority, including, without limitation, any export or import restriction, quota or prohibition; (f) any building collapse, fire or explosion; (g) any labour or trade dispute, strike, industrial action or lockout; (h) any non-performance (or late performance) by the supplier or subcontractor; and (i) any interruption, malfunction or failure of utility services.

General Terms and Conditions: The present general terms and conditions.

Offer: The offer of Products on the Platform.

Order: An offer by the Customer to purchase the Products on the Platform, subject to the General Terms and Conditions.

Platform: The Company’s platform www.four-equestrian.com, from which the Customer purchases the Products.

Products: All goods that are available for purchase by the Customer on the Platform.

Third Party Agreement: The agreement concluded between the Third Party Seller and the Customer as a result of the Customer purchasing a Product from the Third Party Seller on the Platform.

Third Party Seller: a third party, being a legal or natural person who offers the Products to the Customer on the Platform.

Withdrawal Period: Wherever applicable, the period of fourteen (14) calendar days within which the Customer can revoke the Order from the day on which the Customer, or a third party designated by the Customer other than the carrier, takes physical possession of the Products.

Applicability

1. The General Terms and Conditions shall apply to each Offer made by the Company, each Order placed by a Customer, all (Third Party) Agreements and the use of the Platform. 
   
2. The General Terms and Conditions shall be made available to the Customer prior to the conclusion of the (Third Party) Agreement in a manner that enables the Customer to store the General Terms and Conditions on a durable electronic data carrier.
   
3. The Customer can consult the General Terms and Conditions on the Platform at any time. 

Formation of the Agreement

1. The Agreement shall come into effect as soon as the Customer accepts the Offer and the General Terms and Conditions by clicking on the "place order and pay" button and pays for the Order. After the aforementioned date, the Order shall be final and the Company shall not accept any adjustments or cancellation of the Order from the Customer.
2. After placing the Order, the Company shall send the Customer an order confirmation listing the Products ordered, the Order number, and the expected delivery time. 
3. The Company reserves the right to cancel the Order if the Product ordered by the Customer is (temporarily) no longer available.
4. If the Company cancels the Order, the Company shall refund to the Customer all amounts already paid by the Customer, in accordance with Article 7.7.
5. All descriptions or illustrations of the Products on the Platform are intended only to provide an approximate idea of the Products. They shall not form part of the Agreement.

Prices

1. The prices of the Products shall be the prices as stated on the Platform at the time the Customer places the Order.
2. The Company reserves the right to adjust the prices on the Platform at any time.
3. All prices shall be inclusive of VAT.
4. All prices of the Products shall be exclusive of shipping costs. Shipping costs shall depend on the country to which the Products are to be shipped. No shipping costs shall be charged for home deliveries with a total Order value exceeding EUR 400 (inclusive of VAT).
5. Before the Order is placed, the total price, including all (shipping) costs and taxes, shall be made available to the Customer and listed in an order summary.

Payment and means of payment

1. Prior to placing the Order, the Customer can, if applicable, enter a valid discount code in the provided field on the Platform. The Customer can subsequently pay for the Products via credit card, iDEAL, Paypal, bancontact, the KBC/CBC Payment Button, the Belfius Pay Button or (partially) by voucher.
2. Any voucher is valid for a period of one (1) year as from the date of purchase. Upon expiry of this period, the voucher shall automatically lapse without any right to reimbursement.
3. The Customer must pay for the Products at the time of placing the Order.

Shipping and delivery

1. The Customer may choose between different delivery methods made available by the Company on the Platform.
2. The Company shall deliver the Goods within a period of five (5) business days after full receipt of payment, unless the Company and the Customer agree on a different delivery date.
3. If the Company is unable to deliver the Products within the timeframe stipulated in Article 6.2 or otherwise agreed upon between the parties, the Company undertakes to notify the Customer thereof by e-mail. The Customer shall then grant the Company an additional, reasonable delivery period, without the Customer having the right to terminate the Agreement. If the Company fails to deliver the Products within the additional period, the Customer shall have the right to terminate the Agreement, without the right to claim any damages.
4. The Customer shall receive a confirmation via email as soon as the Order leaves the Company. The confirmation shall include the tracking number and estimated delivery date.
5. The Company shall deliver the Order to the address specified by the Customer to the Company during the purchase process.
6. The Company shall not be liable for delays in delivery caused by the delivery service exclusively chosen by the Customer. The same shall apply to any loss or damage to the Products caused by the delivery service chosen by the Customer.
7. The Company reserves the right to make partial deliveries of the ordered Products, for example if a part of the Order is unavailable or delayed. In this case, the Company shall notify the Customer via email.

Right of withdrawal and refund

1. The Customer has a statutory right to withdraw from the Agreement during the Withdrawal Period. The Customer is not required to provide a reason for the withdrawal.
2. The starting point of the Withdrawal Period may vary:
   1. if the delivery is a single Product, the Withdrawal Period shall begin on the day after the Customer receives the Product; and
   2. if the delivery relates to multiple Products delivered on separate days, the Withdrawal Period shall begin to run the day after the Customer receives the last Product ordered.
3. During the Withdrawal Period, the Customer shall handle the Products and packaging with care. The Customer shall only unpack or use the Products to the extent necessary to assess whether it wishes to retain the Products and to determine their nature and characteristics.
4. Only Products that are in their original packaging, together with all accessories and proof of purchase can be taken back by the Company. Used, soiled, damaged or incomplete Products shall not be taken back under any circumstances.
5. If the Customer wishes to withdraw from the Agreement, the Customer must notify the Company before the expiry of the Withdrawal Period by completing the model form in Annex 1 to these General Terms and Conditions and sending it to the Company by email info@four-equestrian.com, or by sending an email to info@four-equestrian.com in which the Customer unequivocally declares to withdraw from the Agreement.
6. The Customer must return the Products to the Company at the address specified in Article 1 without undue delay and in any event within a period of fourteen (14) calendar days after sending the notice of withdrawal to the Company. The Customer shall bear the cost of returning the Products.
7. In case of withdrawal in accordance with the present Article 7, the Company shall refund all amounts already paid by the Customer, including standard shipping costs, within a reasonable time after receipt of the Products using the same means of payment that was used by the Customer to pay for the Order. The Company may charge a fee for any diminution in value of the Products if this was the result of the Customer having handled them in a manner exceeding what was necessary to establish the nature, characteristics and operation of the Products.
8. In case the Products are returned, the Customer shall bear the risk of damage or loss.

Warranty and non-conformity

1. The Products comply with their description on the Platform.
2. The Company does not provide the Customer with any specific warranties regarding the Products and does not warrant that the Products are suitable for any (specific) purpose intended by the Customer.
3. The Customer is entitled to a statutory warranty period of two (2) years. The statutory warranty covers any defect or lack of conformity of the Products that manifests itself within a period of two (2) years from the date of delivery of the Products to the Customer.
4. The warranty as per Article 8.1 and Article 8.3 shall not apply if:
   1. the Customer continues to use the defective Product after notification in accordance with Article 8.5;
   2. the Customer was aware of the defects at the time of the sale;
   3. the defect is due to abnormal use of the Products by the Customer; or
   4. the defect is the result of normal wear and tear, intentional damage, or negligence on the part of the Customer. 
5. The Customer must notify the Company of the defective Products by sending an email to info@four-equestrian.com within a period of two (2) months after the defect became known or could reasonably have become known to the Customer.
6. If a defect occurs within the statutory warranty period of two (2) years, the Customer must follow the procedure set out in Article 7. After returning the defective Product, the Company shall, at the Customer’s discretion, either send the Customer a new Product, or repair the Product, and the Company shall bear all costs associated with the replacement or repair of the Products. The Product can only be replaced and delivered insofar as it is still available. If the replacement is not possible or cannot be made within a reasonable time, the Customer has the right to terminate the Agreement, and the Company shall refund the price of the Products in accordance with Article 7.7.

Liability

1. References to liability in the present Article 9 include any form of liability arising out of or in connection with the Agreement, including contractual liability, tort liability (including negligence), misrepresentation, restitution or otherwise. 
2. Nothing in these General Terms and Conditions excludes or limits the liability of the parties that cannot be excluded or limited by law, including liability for (a) any wrongdoing affecting the life or physical integrity of any person; (b) fraud or deceit; or (c) wilful misconduct.
3. To the maximum extent permitted under applicable law, the Company's total liability per Order shall be limited to amounts actually paid by the Customer to the Company for that Order.
4. To the maximum extent permitted under applicable law, the Company shall not be liable for (a) loss of profits; (b) loss of turnover or business; (c) loss of agreements or contracts; (d) loss of anticipated savings; (e) loss of or damage to software, data or information; (f) loss of or damage to goodwill; and (g) indirect or consequential damages. 
5. To the maximum extent permitted under applicable law, the Customer agrees, and accepts, to hold the Company liable exclusively on a contractual basis for breaches and errors arising under or in connection with the Agreement and not on a extra-contractual basis. Furthermore, the Customer agrees, and accepts, to bring any (liability) claim for breaches and errors arising under or in connection with the Agreement exclusively against the Company and not to hold the Company's employees, directors and independent service providers personally (extra-contractually) liable for breaches and errors arising under or in connection with the Agreement. This constitutes a third-party Article for the benefit of, and may be invoked by, the Company's employees, directors and independent service providers directly against the Customer or any other third party. 
6. The present Article 9 shall remain in force after the termination of the Agreement.

Intellectual property rights

1. All intellectual property rights related to the Products and the Platform are and shall remain the exclusive property of the Company or the Third Party Seller. Intellectual property rights shall be understood to mean all intellectual and industrial property rights, whether registered or unregistered (including the right to register), including copyrights, trade names and trade secrets, design rights, trademark rights, patents, sui generis rights and all other possible intellectual property rights pertaining to works, computer programmes and software (both in source and object code), documents, drawings, images, designs, performances, creations, tools, technologies, research, methods, performances or inventions, and the like, including all related and neighbouring rights and all other forms of similar protection, anywhere in the world.
2. Nothing in this Agreement shall be deemed to constitute an implied or express assignment of, or the granting of a license to, the Company's or the Third Party Seller’s intellectual property rights to the Customer.

Complaint procedure

1. If the Customer has any complaints, the Company can be contacted at the email address info@four-equestrian.com.  
2. If the Customer and the Company cannot resolve the dispute amicably, the dispute shall be submitted to the court having jurisdiction in accordance with Article 15.3.

Use of personal data

The Company uses the Customer's personal data solely in accordance with the privacy statement available at [www.four-equestrian.com].

Force Majeure and unforeseen circumstances

1. The Company shall not be liable or responsible for the non-performance or delay in performance of its obligations under the Agreement due to Force Majeure.
2. In case of Force Majeure:
   1. the Company shall notify the Customer by email; and
   2. the Company's obligations under the Agreement shall be suspended and the period for performance of the obligations shall be extended for the duration of the Force Majeure situation. If the Force Majeure situation affects the delivery of the Products, the Company shall agree upon a new delivery date with the Customer after the Force Majeure situation has ended.
3. The Customer and the Company have the right to terminate the Agreement if the Force Majeure situation lasts for more than three (3) months. If the Customer or the Company wishes to terminate the Agreement, the Customer or the Company shall notify the other party thereof via email.
4. In case of termination of the Agreement, the Company shall refund to the Customer all amounts already paid by the Customer, in accordance with Article 7.7.

Miscellaneous provisions

1. The Company may amend these General Terms and Conditions at any time. The General Terms and Conditions in force at the time of ordering the Products shall apply to the Agreement.
2. The invalidity of a provision or part of a provision of these General Terms and Conditions shall not affect the validity of the remaining part of the provision or the rest of the provisions of these General Terms and Conditions.

Applicable law and jurisdiction

1. These General Terms and Conditions and all Agreements shall be subject to Belgian law.
2. In the event of disputes, the Customer may refer to the Consumer Mediation Service (www.consumentenombudsdienst.be), the federal mediation service for consumers in Belgium. This shall be without prejudice to the right to appeal to the competent court.
3. All disputes of any nature whatsoever shall fall within the jurisdiction of the courts of the defendant's domicile in accordance with Section 624(1) of the Judicial Code.

Offers from Third Party Sellers 

1. In case the Customer Purchases Products from a Third Party Seller on the Platform, the Customer acknowledges that the Third Party Agreement is concluded between the Customer and the Third Party Seller, and that the Company is not and will not become a party to this Third Party Agreement.
2. For any questions and/or complaints regarding Products purchased by the Customer from a Third Party Seller, the Customer shall contact the relevant Third Party Seller directly. The Customer acknowledges that in such cases he cannot make any claim against the Company and that the Company shall not be liable in any way, including but not limited to any defects in the Product.
3. The Customer can place an order through the standard ordering process on the Platform for a Product offered by a Third Party Seller.
4. The Customer acknowledges that any Order for a Product from a Third Party Seller will be processed in accordance with that Third Party Seller’s applicable terms and conditions, which the Customer expressly confirms having read, understood and accepted.
5. The Customer shall pay the purchase price for any Product bought from a Third Party Seller on the Platform to the Company and shall not be released from this payment obligation by making any direct payment to the Third Party Seller. All payments for Products must be made exclusively to the Company.