Terms of service
TERMS OF SERVICE
General Terms and Conditions of Sale
Table of Contents:
- Article 1 – Definitions and Validity of These Conditions
- Article 2 – Identity of the Entrepreneur
- Article 3 – Applicability
- Article 4 – The Offer
- Article 5 – The Agreement
- Article 6 – Right of Withdrawal
- Article 7 – Obligations of the Consumer During the Reflection Period
- Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
- Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
- Article 10 – Exclusion of the Right of Withdrawal
- Article 11 – The Price
- Article 12 – Compliance and Additional Warranty
- Article 13 – Delivery and Execution
- Article 14 – Duration Transactions: Duration, Termination, and Extension
- Article 15 – Payment
- Article 16 – Complaints Procedure
- Article 17 – Disputes
- Article 18 – Additional or Deviating Provisions
- Article 19 – Amendment of the General Terms and Conditions
- Appendix I – European Model Withdrawal Form
Article 1 – Definitions and Validity of These Conditions
In these conditions, the following terms are defined as:
- Supplementary Agreement: An agreement in which the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these products, digital content, and/or services are provided by the entrepreneur or by a third party based on an arrangement between the third party and the entrepreneur.
- Reflection Period: The period within which the consumer can exercise their right of withdrawal.
- Consumer: The natural person who is not acting for purposes related to their trade, business, craft, or profession.
- Day: Calendar day.
- Digital Content: Data that is produced and delivered in digital form.
- Duration Agreement: An agreement aimed at the regular delivery of products, services, and/or digital content over a specified period.
- Durable Data Carrier: Any tool—including email—that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period aligned with the purpose of the information, and that allows unaltered reproduction of the stored information.
- Right of Withdrawal: The consumer’s option to withdraw from the distance agreement within the reflection period.
- Entrepreneur: The natural or legal person who offers (access to) digital content and/or services to consumers from a distance.
- Distance Agreement: An agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, where exclusive or joint use is made of one or more techniques for remote communication up to and including the moment of concluding the agreement.
- Model Withdrawal Form: The European model withdrawal form included in Appendix I of these conditions.
- Technique for Remote Communication: Means that can be used for concluding an agreement without the consumer and entrepreneur having to be simultaneously present in the same space.
- The client’s (consumer’s) order or assignment is considered as acceptance of the general terms and conditions of minihorse.eu.
- Special provisions deviating from the conditions of minihorse.eu are only binding if agreed upon in writing.
Article 2 – Identity of the Entrepreneur
Visiting and Mailing Address:
Peter D’haeseleer
Windmolenstraat 64
9450 Haaltert
Belgium
Tel: +32 (0) 475 80 47 11
Availability:
By appointment or upon confirmation via email
Operating under the name(s): https://www.minihorse.eu
info@minihorse.eu
H.R. Aalst
Company Number: 0734.307.618
VAT Identification Number: BE0734.307.618
Financial Institution: Kredietbank (abbreviation KBC)
IBAN: BE43 7370 2331 4601
BIC/SWIFT: KREDBEBB
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
- Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer via www.minihorse.eu. If this is not reasonably possible, the entrepreneur will, before the distance agreement is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
- If the distance agreement is concluded electronically, in deviation from the previous clause and before the distance agreement is concluded, the text of these general terms and conditions can be made available electronically via www.minihorse.eu in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the entrepreneur will, before the distance agreement is concluded, indicate where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or by other means upon request.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third clauses of this article apply accordingly, and the consumer can always invoke the most favorable applicable provision in case of conflicting conditions.
Article 4 – The Offer
- If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Every offer includes sufficient information to make it clear to the consumer what the rights and obligations are when accepting the offer.
- If the item is not in stock with us, the delivery time depends on the availability from our suppliers. You can inquire about this delivery time by phone at +32 (0) 475 80 47 11 or by email (info@minihorse.eu), and we will respond to your inquiry as quickly as possible.
Article 5 – The Agreement
- The agreement is established, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur may, within legal boundaries, inquire whether the consumer can fulfill their payment obligations, as well as any other facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
- At the latest upon delivery of the product, service, or digital content, the entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it accessibly on a durable data carrier: a. the visiting address of the entrepreneur’s establishment where the consumer can address complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about guarantees and existing after-purchase services; d. the price, including all taxes, of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration; f. if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of Withdrawal
For Products:
- The consumer can cancel an agreement related to the purchase of a product within a reflection period of at least 14 days without providing any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but the consumer is not obligated to provide one.
- The reflection period mentioned in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or: a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, receives the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided that they clearly inform the consumer about this prior to the ordering process. b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, receives the final shipment or part; c. for agreements for the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, receives the first product.
For Services and Digital Content Not Delivered on a Tangible Medium:
- The consumer can cancel a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium within at least 14 days without providing any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but the consumer is not obligated to provide one.
- The reflection period mentioned in paragraph 3 begins on the day following the conclusion of the agreement.
Extended Reflection Period for Products, Services, and Digital Content Not Delivered on a Tangible Medium When Not Informed About the Right of Withdrawal:
- If the entrepreneur has not provided the legally required information about the right of withdrawal or the model withdrawal form to the consumer, the reflection period expires 12 months after the end of the original reflection period, as determined in accordance with the previous paragraphs of this article.
- If the entrepreneur provides the information referred to in the previous paragraph to the consumer within 12 months after the start date of the original reflection period, the reflection period expires 14 days after the day the consumer receives that information.
Article 7 – Obligations of the Consumer During the Reflection Period
- During the reflection period, the consumer must handle the product and its packaging with care. The consumer should only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may handle and inspect the product only as they would in a store.
- The consumer is only liable for any diminished value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for any diminished value of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal to the consumer before or at the time of concluding the agreement.
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
- If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period using the model withdrawal form or by any other unequivocal means.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to the entrepreneur (or an authorized representative). This does not apply if the entrepreneur has offered to collect the product themselves. The consumer meets the return deadline if they send the product back before the reflection period has expired.
- The consumer must return the product with all supplied accessories, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur indicates that they will bear the costs, the consumer does not have to pay the return shipping costs.
- If the consumer withdraws after having explicitly requested that the performance of a service or the supply of gas, water, or electricity not ready for sale in a limited volume or quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportional to the part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, in comparison with the full fulfillment of the obligation.
- The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity not ready for sale in a limited volume or quantity, or for the supply of district heating, if: a. the entrepreneur has not provided the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form; or b. the consumer did not explicitly request the commencement of the service or supply of gas, water, electricity, or district heating during the reflection period.
- The consumer does not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium if: a. they did not explicitly consent to the commencement of the performance of the agreement before the end of the reflection period prior to the delivery; b. they did not acknowledge losing their right of withdrawal upon granting their consent; or c. the entrepreneur failed to confirm this statement from the consumer.
- If the consumer exercises their right of withdrawal, all supplementary agreements are automatically terminated by law.
Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
- If the entrepreneur allows the consumer to notify the withdrawal electronically, they must promptly send an acknowledgment of receipt upon receiving this notification.
- The entrepreneur must reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly and within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold the refund until they have received the product or until the consumer provides proof of having sent the product back, whichever comes first.
- The entrepreneur must use the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund must be free of charge to the consumer.
- If the consumer chose a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.
Article 10 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly states this in the offer, or at least in good time before concluding the agreement:
- Products or services whose price is subject to fluctuations in the financial market that are beyond the entrepreneur’s control and which may occur within the withdrawal period.
- Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer, who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services.
- Service agreements, after full performance of the service, but only if: a. the performance has begun with the consumer’s explicit prior consent; and b. the consumer has acknowledged that they lose their right of withdrawal once the entrepreneur has fully performed the agreement.
- Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transportation, car rental services, and catering.
- Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance.
- Products made according to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person.
- Products that perish quickly or have a limited shelf life.
- Sealed products that are not suitable for return for health protection or hygiene reasons and whose seal has been broken after delivery; also, unsealed products that are unsuitable for return due to health protection or hygiene reasons and where resale is no longer possible for health or hygiene reasons.
- Products that, after delivery, are inseparably mixed with other products due to their nature.
- Alcoholic beverages whose price has been agreed upon at the time of concluding the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur’s control.
- Sealed audio, video recordings, and computer software whose seal has been broken after delivery.
- Newspapers, periodicals, or magazines, with the exception of subscriptions to these.
- The supply of digital content not delivered on a tangible medium, but only if: a. the performance has begun with the consumer’s explicit prior consent; and b. the consumer has acknowledged that by doing so, they lose their right of withdrawal.
Article 11 – The Price
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
- If there are changes in purchasing rights, tax rates, transport, or insurance costs between the date of sale and the date of delivery, we are entitled to charge the consumer for any cost increase exceeding 1% of the sale price.
- Notwithstanding the above points 1 and 2, the entrepreneur may offer products or services at variable prices if those prices are subject to fluctuations in the financial market beyond the entrepreneur’s control. This binding to fluctuations and the fact that any listed prices are guide prices must be stated in the offer.
- Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: a. they are the result of legal regulations or provisions; or b. the consumer has the right to terminate the agreement from the date the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
- Apparent errors or mistakes in pricing do not bind the entrepreneur.
Article 12 – Performance of the Agreement and Additional Guarantee
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of soundness and/or usability, and the existing legal provisions and/or government regulations at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- Any additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
- An additional guarantee is understood to mean any commitment by the entrepreneur, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what is legally required in the event of failure to meet their part of the agreement.
Article 13 – Delivery and Execution
- The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
- The delivery address is considered to be the address that the consumer has provided to the entrepreneur.
- In accordance with the provisions of Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement without incurring any costs and without entitlement to any compensation.
- Upon termination in accordance with the previous clause, the entrepreneur will promptly refund the amount paid by the consumer.
- If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest, at the time of delivery, it will be clearly and comprehensibly communicated that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The costs of returning the item are borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and disclosed representative, unless expressly agreed otherwise.
- Our liability concerning the delivered goods is excluded. The entrepreneur bears no responsibility for any defect, damage, or loss suffered by the co-contractor or third parties, whether related to the product, the production method, or handling. The co-contractor assumes all responsibility.
Article 14 – Duration Transactions: Duration, Termination, and Renewal
Termination:
- The consumer may terminate an agreement that has been entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate an agreement that has been entered into for a definite period and that involves the regular delivery of products (including electricity) or services, at any time at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate the agreements mentioned in the previous paragraphs:
- at any time and not be restricted to termination at a specific time or in a specific period;
- at least terminate in the same way as the agreement was entered into;
- always terminate with the same notice period that the entrepreneur has stipulated for themselves.
- An agreement that has been entered into for a definite period and that involves the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed term.
- In deviation from the previous clause, an agreement that has been entered into for a definite period and that involves the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a fixed term of no more than three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
- An agreement that has been entered into for a definite period and that involves the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months in the case of an agreement that involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
- An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) will not be automatically renewed and will end automatically after the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.
Article 15 – Payment
- When the buyer places an order that has been validated by the entrepreneur, they must make payment via bank transfer to the account of the company Peter D’haeseleer, at the following bank account:
- Account Holder: Peter D’haeseleer
- Address: Windmolenstraat 64, 9450 Haaltert, Belgium
- Bank: Kredietbank (KBC)
- IBAN: BE43 7370 2331 4601
- BIC/SWIFT: KREDBEBB
- Once the entrepreneur has received the payment, the ordered products and the corresponding invoice will be dispatched to the address provided by the buyer as soon as possible, and no later than 30 days following the date on which the order was paid or the order form was mutually signed.
- In case of non-payment, the entrepreneur is not obliged to deliver the ordered products to the buyer. The transfer of ownership occurs only at the time of full payment of the price.
- Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the withdrawal period, or, if there is no withdrawal period, within 14 days after the agreement is concluded. In the case of a service agreement, this period begins the day after the consumer receives confirmation of the agreement.
- In the sale of products to consumers, the consumer can never be required to make an advance payment of more than 50% in general terms and conditions. If advance payment is stipulated, the consumer cannot claim any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
- The consumer has the obligation to promptly report any inaccuracies in the payment details provided to the entrepreneur.
- a. If invoices are not paid by the due date, a default interest of 12% is automatically and without any prior notice applied. Additionally, the buyer will also owe a lump-sum compensation of 10% of the outstanding invoice amounts, with a minimum of €350.00. Costs associated with unpaid bills or checks, as well as other collection costs, are not included in this lump-sum compensation and will be charged separately to the buyer.
- b. All invoices are immediately and payable in cash unless another payment clause is specified on the invoice.
- c. Each invoice that remains unpaid on the due date will result in a reminder letter, with an additional charge of €8.00 on top of the outstanding invoice amount and other costs. For a registered reminder, an additional €15.00 will be charged.
- d. If one or more invoices remain unpaid on their due date, any payment made by the customer will first be applied to the costs, then to the interest, and finally to the principal amount.
- e. Except as provided by law, all legal and extra-legal costs related to overdue invoices are the responsibility of the customer.
- f. If an invoice remains unpaid on the due date, all other invoices become immediately due without prior notice, even if a payment term for those invoices had been granted.
- Failure to pay the invoice entitles the entrepreneur to cease all deliveries and production. For the same reason, the entrepreneur reserves the right to consider the agreement with the buyer as terminated to the buyer’s detriment, with notice to the buyer via registered letter that the entrepreneur is exercising this right; any advance payments made by the buyer will remain as lump-sum compensation for the entrepreneur.
Article 16 – Complaints Procedure
- The entrepreneur has a clearly communicated complaints procedure and will handle complaints in accordance with this procedure.
- Complaints regarding the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has identified the defects, and must be described fully and clearly.
- Complaints submitted to the entrepreneur will be responded to within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
- If the complaint cannot be resolved within a reasonable time or within 3 months after submission through mutual agreement, a dispute arises that is subject to the dispute resolution process.
Article 17 – Disputes
- Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
- Regardless of the language in which documents (such as orders, invoices, etc.) are drafted, Dutch will always take precedence. The use of a language other than Dutch is only meant to assist the buyer. Any disputes arising from translations and resulting interpretations will not be accepted by the entrepreneur, as these translations were only intended to assist the buyer. The buyer is responsible at all times for ensuring proper translation of all documents in their native language both before, during, and after the sale. Translation costs are always the responsibility of the buyer.
- All disputes between the consumer and the entrepreneur regarding the formation or execution of agreements related to products and services provided by the entrepreneur, shall, subject to the provisions below, be resolved exclusively by the courts with jurisdiction for the district of Aalst (Belgium), to the exclusion of any other judicial body.
Article 18 – Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be documented in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.
Article 19 – Amendment of the General Terms and Conditions
- Changes to these terms and conditions only take effect after they have been published in the appropriate manner, with the understanding that in the case of applicable changes during the term of an offer, the most favorable provision for the consumer will prevail.
Annex I – European Model Withdrawal Form
Notice of Withdrawal (Only complete and return this form if you wish to withdraw from the agreement)
This document can be submitted on paper and sent by post, or scanned (minimum 300 dpi – readable text!) and sent to the email address.
To: …………………………………………………………………………………………. …………………………………………………………. (name and address of the trader):
I/We () hereby inform you that I/we () withdraw from the agreement.
Order date (*): …………………………………………………………..
Date of receipt of order (*): …………………………………………………………..
Order number (*): ………………………………………………………………….
Name(s) of consumer(s) (*)(**): ………………………………………………….
……………………………………………………………………………………………….
Address(es) of consumer(s) (*)(**): ……………………………………………………………………………………………….
……………………………………………………………………………………………….
Delivery address (if different from the consumer’s address) (*): ……………………………………………………………………………………………….
……………………………………………………………………………………………….
Signature(s) of consumer(s) (*)(**):
X ………………………………………………………… X ………………………………………………………
Date (*): ……………………………………………………….
(*) To be filled in (**) Delete where not applicable
Confirmation of receipt of information: Signature of consumer: