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General Terms and Conditions EquiSchoen

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Customer: the natural or legal person who enters into a distance contract with the entrepreneur;

Entrepreneur: the natural or legal person who offers products and/or services to customers remotely;

Day: calendar day;

Cooling-off period: the period within which the customer can make use of his right of withdrawal;

Right of withdrawal: the possibility for the customer to cancel the distance contract within the cooling-off period;

Durable data carrier: any means that enables the customer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used to conclude an agreement, without the customer and entrepreneur having come together in the same room at the same time;

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

EquiSchoen
Venneweg 16 9541XN Vlagtwedde (Netherlands)
Phone Number: 06-18945079
E-mail address: info@equischoen.com
Chamber of Commerce number: 70386218
VAT identification number: NL864759976B01

EquiSchoen is a trade name of RebelHoofcare VOF

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between entrepreneur and customer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the customer.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that it can be easily stored by the customer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge at the request of the customer electronically or otherwise.
4. The customer's order or order is deemed to be acceptance of the entrepreneur's general terms and conditions.
5. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the customer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
6. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced immediately by a provision that approximates the scope of the original as much as possible.
7. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
8. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
9. The provisions of these general terms and conditions can only be deviated from if – and insofar as this has been expressly agreed in writing.

Article 4 – General terms and conditions of contracting parties and/or third parties

1. The entrepreneur only accepts the applicability of general terms and conditions of contracting parties and/or third parties if these are expressly agreed in writing.
2. However, any applicability of the aforementioned general terms and conditions does not affect the applicability of the general terms and conditions of the entrepreneur, unless they conflict with those general terms and conditions of contracting parties and/or third parties.
3. General terms and conditions are only accepted by the entrepreneur under the aforementioned conditions and only apply to the intended transaction. Later transactions will not automatically be resolved via these purchase conditions.

Article 5 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the customer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
a. the price including taxes;
b. any costs of shipping;
c. the way in which the agreement will be concluded and which actions are necessary for this;
d. whether or not the right of withdrawal applies;
e. the method of payment, delivery and execution of the agreement;
f. the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
g. the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
h. whether the agreement will be archived after its conclusion, and if so how it can be consulted by the customer;
i. the way in which the customer can, before concluding the agreement, check the data provided by him in the context of the agreement and, if desired, restore it;
j. any other languages in which, in addition to Dutch, the agreement can be concluded;
k. the available sizes, colours or types of materials.

Article 6 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 5, at the moment of acceptance by the customer of the offer and compliance with the conditions set therein.
2. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the customer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can – within legal frameworks – inform himself whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. Each agreement shall be entered into under the suspensive conditions of sufficient availability of the products concerned.
6. The entrepreneur will send the following information to the customer with the product or service, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data carrier:
a. the contact address of the establishment of the entrepreneur where the customer can go with complaints;
b. the conditions under which and the way in which the customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information included in article 5 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the customer before the execution of the agreement;
d. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

Article 7 – Right of withdrawal / returns

When delivering products:
1. When purchasing products, the customer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the customer or a representative designated in advance by the customer and announced to the entrepreneur.
2. During the cooling-off period, the customer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and in the original condition and – if reasonably possible – in the original packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the customer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The customer must make this known by means of the model form. After the customer has indicated that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
4. If, after the expiry of the periods referred to in paragraphs 1 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
5. In the case of the provision of services, the consumer has the option of dissolving the contract without giving reasons for at least 14 days, starting on the day of entering into the agreement.
6. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.

Article 8 – Costs in case of withdrawal

1. If the customer makes use of his right of withdrawal, the costs of return will be borne by him at most.
2. If the customer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, the condition is that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.
3. In the event of damage to the product due to careless handling by the customer himself, the customer is liable for any depreciation of the product.
4. The customer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; This must be done before the conclusion of the purchase agreement.

Article 9 – Exclusion of the right of withdrawal

1. The entrepreneur can exclude the customer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been established by the entrepreneur in accordance with the customer's specifications;
b. which are clearly personal in nature;
c. which, by their nature, cannot be returned;
d. which may spoil or age rapidly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for books, individual newspapers and magazines;
g. for audio and video recordings and computer software of which the customer has broken the seal;
h. for hygienic products (food, supplements or care products) of which the customer has broken the seal;
i. which contain visible traces of use.
3. Exclusion of the right of withdrawal is only possible for services:
a. to carry out accommodation, transport, restaurant business or leisure activities on a certain date or during a certain period;
b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
c. concerning bets and lotteries.

Article 10 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices quoted are target prices are stated in the offer.
3. The prices stated in the offer of products or services include VAT.
4. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 11 – Conformity and Warranty

1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the customer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 7 days of delivery. The products must be returned in their original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period, provided that normal use is used if the operating and maintenance instructions have been followed. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
5. For all goods and materials that the entrepreneur does not manufacture himself, he never grants more guarantee than is given to him by his supplier.
6. For sold and delivered goods with a manufacturer's or importer's or wholesale warranty, only the warranty provisions set by these suppliers apply.
7. The warranty does not apply if:
a. The customer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
b. The delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
c. There is damage as a result of defective, improper, incorrect or inattentive use;
d. There is wear and tear due to overuse;
e. There is normal expected wear and tear;
f. There is moisture, heat or water damage;
g. There are changes due to natural shrinkage or discoloration;
h. The inadequacy is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

Article 12 – Liability

1. The entrepreneur is only liable for a maximum of the invoice value, for damage to the product, fittings material and equipment;
2. In principle, the entrepreneur will not be obliged to compensate a customer for damage and/or consequential damage, depending on the nature of the debt.
3. The entrepreneur is not liable for the costs, damage and interest that may arise as a direct or indirect result of:
a. Force majeure;
b. Acts or omissions of the customer, his subordinates, or other persons employed by or on behalf of the customer;
c. Negligence of the customer in the maintenance of the delivered goods;
d. Normal wear and tear on the delivered goods as a result of daily use;
e. Discoloration of the delivered goods as a result of the action of light;
f. Any other external cause.

Article 13 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the customer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the customer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the customer will be notified of this no later than 30 days after he has placed the order. In that case, the customer has the right to dissolve the agreement at no cost. The customer is not entitled to compensation.
4. All delivery times are indicative. The customer cannot derive any rights from any mentioned periods. Exceeding a period does not entitle the customer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the customer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will contact the customer. The entrepreneur will cancel the order in consultation or will make every effort to make a replacement equivalent product available. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur and the transporter until the moment of delivery to the customer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Payment

1. Unless otherwise agreed, the amounts owed by the customer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 7 paragraph 1. In the case of an agreement to provide a service, this period starts after the customer has received confirmation of the agreement.
2. The customer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of non-payment by the customer, the entrepreneur has the right, subject to legal restrictions, to charge the costs incurred.

Article 15 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. The customer is obliged to thoroughly inspect them for defects immediately after delivery of the goods and, in the presence thereof, to inform the entrepreneur immediately. If the customer does not point out defects to the entrepreneur within 14 days of the day of delivery, which could be noticed during thorough investigation, the customer is deemed to agree with the state in which the purchased item was delivered and any right to complain lapses.
3. Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, after the customer has discovered the defects.
4. The entrepreneur must be enabled to check complaints submitted.
5. Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the customer can expect a more detailed answer.
6. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement.
7. In the event of complaints, a consumer must first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur, and in case of complaints that cannot be resolved in mutual consultation, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this webshop has an ongoing membership via https://www.webwinkelkeur.nl/leden/. If a solution is not yet reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the ruling is binding and both entrepreneur and consumer agree to this binding ruling. There are costs associated with submitting a dispute to this disputes committee that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
8. A complaint does not suspend the obligations of the customer, unless the entrepreneur indicates otherwise in writing.
9. If a complaint, by the entrepreneur or the independent expert, is found to be well-founded, the entrepreneur will, at its discretion, replace or repair or return the delivered products free of charge and refund the payment already made.

Article 16 – Disputes

1. Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the customer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 17 – Additional or deviating provisions

1. Additional or deviating provisions from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable data carrier.

Article 18 – Promotions

1. Promotions are not valid in combination with other promotions/offers/discounts.
2. With a percentage discount, the discount on the most expensive (eligible) item applies.
3. When a promotional period has ended, it is not possible to make use of this promotion afterwards.
4. Discount does not apply retroactively.
5. The promotional period shall be indicated in the relevant action.
6. For each promotion: Op=Op
7. Certain items, such as gift cards and books, are exempt from promotions and discount codes.
8. EquiSchoen reserves the right to unilaterally change, suspend or terminate any promotion.
9. EquiSchoen is not liable for any typing, printing or typesetting errors.
11. When participating in the promotion, the participant declares to agree to the above promotional conditions.
12. No correspondence can be entered into about the results of competitions, contests and draws.





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Contact

The best time to contact us by phone is from Monday to Thursday between 9.30 and 13.00.
Orders placed before 12:00 will be shipped the same day.

  info@equischoen.com

BE +32 456 61 51 53 
NL +31 6 1894 5079 also WhatsApp

EquiSchoen
Venneweg 16
Vlagtwedde 

BTW / VAT nr: NL864759976B01

 

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All prices include VAT