Terms of service
General Terms and Conditions of Equicom
Article 1. Definitions
Offer: The offer of Products via the Webshop.
Subscription: Each continuous Order of Products on the Webshop for a period to be determined by Customer.
General Terms and Conditions: These General Terms and Conditions.
Article: Each article of these General Terms and Conditions.
Order: An offer by the Customer to purchase the Products via the Webshop subject to the General Terms and Conditions.
Withdrawal Period: Where applicable, the period of fourteen (14) calendar days within which the Customer may revoke the Order, calculated 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.
Customer: any natural person acting for purposes outside his trade, business, craft or profession who purchases the Products from the Company.
Company: ECG Nutrition and Supplements BV, a limited liability company incorporated under Belgian law, having its registered office at 3945 Ham, Truibroek 94 bus 10 and registered in the Crossroads Bank for Enterprises under the number VAT BE 0880.624.792 (RPR Antwerp, Hasselt Division).
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.
Force majeure: Any unforeseeable event which is not attributable to the party claiming Force Majeure and makes the performance of its obligations by that party impossible, including, without limitation, (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) a nuclear, chemical or biological contamination; (e) any law or action of any government or public authority, including, without limitation, any export or import restriction, quota or prohibition; (f) a building collapse, fire or explosion; (g) a labour or trade dispute, strike, industrial action or lockout; (h) a non-(-timely) performance by the supplier or subcontractor; and (i) an interruption or disruption of utilities.
Products: All goods available for purchase through the Webshop.
Webshop: The webshop of the Company where the Client purchases the Products.
Article 2. Applicability
2.1 The General Terms and Conditions apply to every Offer from the Company, every Order from a Customer, all Agreements and the use of the Webshop.
2.2 The General Terms and Conditions are made available to the Customer before the conclusion of the Agreement in such a way that the Customer is able to save the General Terms and Conditions on a durable electronic data carrier.
2.3 The Customer can always consult the General Terms and Conditions on the Company's website: www.equicom.be, www.equicom.nl or www.equicom.shop.
Article 3. Conclusion and duration of the Agreement
3.1 The Agreement comes into effect as soon as the Customer has accepted the Offer and the General Terms and Conditions by clicking on the button ‘place order and pay’ (or a similar wording showing that the Customer is bound by the Agreement) and pays the Order. After this date, the Order is final and the Company will not accept any adjustments or cancellation of the Order from the Customer.
3.2 After placing the Order, the Customer will receive an order confirmation from the Company listing the Products ordered.
3.3 The Company reserves the right to cancel the Order if the Product ordered by the Customer is (temporarily) no longer available.
3.4 If the Company cancels the Order, the Company shall refund all amounts already paid by the Customer to the Customer in accordance with Clause 7.8.
3.5 If the Customer purchases a Subscription via the Webshop, this Subscription is entered into for the duration, frequency and quantity of Products as specified in the order confirmation and is automatically renewable for the same period, unless the Customer terminates the Subscription via the account settings at least fourteen (14) days before the end of the Agreement. In addition, the Customer is entitled to change or terminate the Subscription at any time via the account settings and subject to respecting a notice period of three (3) days. If the date of the next payment nevertheless falls within the aforementioned period of three (3) days, the Customer is still obliged to pay this amount without being entitled to any refund. Furthermore, the Customer shall in that case be obliged to accept delivery of the Products following this payment.
Article 4. Prices
4.1 The prices of the Products shall be the prices as stated in the Webshop at the time the Client places the Order.
4.2 The Company reserves the right to adjust the prices in the Webshop at all times.
4.3 All prices are inclusive of VAT.
4.4 All prices of the Products are exclusive of shipping costs. Shipping costs depend on the country to which the Products are being shipped.
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For orders to Belgium and the Netherlands with a total value exceeding €49 (excluding VAT), no shipping fees are charged for supplements. A surcharge of €6,95 per bag applies to feed products, regardless of the order amount.
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For orders to France with a total value exceeding €99 (excluding VAT), no shipping fees are charged for supplements. We do not ship feed products to France.
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For orders to Luxembourg with a total value exceeding €49 (excluding VAT), no shipping fees are charged for supplements. A surcharge of €16,95 per bag applies to feed products, regardless of the order amount.
4.5 Before the Order is placed, the total price, including all (shipping) costs and taxes, will be available to the Customer and will be stated in an order summary.
Article 5. Payment and means of payment
5.1 The Customer can pay for the Products by credit card (Visa, Mastercard), bancontact (Maestro), iDEAL and PayPal (payment options may vary by country).
5.2 The Customer must pay for the Products at the time of placing the Order.
5.3 If the Customer has taken out a Subscription on our Webshop, the amounts due must be paid by standing order according to the period indicated by the Customer on the Webshop.
Article 6. Dispatch and delivery
6.1 The Client has the choice between various delivery methods as made available by the Company on the Webshop.
6.2 The Company shall deliver the Products within 3 working days after full receipt of the payment, unless another delivery date is agreed between the Company and the Client. Deliveries outside the territory of Belgium may exceed the aforementioned term.
6.3 If the Company is not in a position to deliver the Goods within the term set out in Clause 6.2, the Company undertakes to notify the Customer by e-mail. The Customer shall then give the Company a new, reasonable, delivery period. The Customer may terminate the Agreement in case the Company fails to deliver on time within the new additional delivery period.
6.4 The Customer will receive a confirmation via email as soon as the Order leaves the Company. The confirmation will contain the tracking number and estimated delivery date.
6.5 The Company will deliver the Order to the address the Customer provides to the Company during the purchase process.
6.6 The delivery of the Goods will be accompanied by an invoice indicating the number of the Order, the type and quantity of the Goods. The Customer will receive this delivery note by email.
6.7 The Company reserves the right to make partial deliveries of the ordered Products, for example if part of the Order is unavailable or delayed. In this case, the Company will inform the Customer by e-mail.
Article 7. Right of withdrawal and refund
7.1 The Customer has a legal right to withdraw from the Agreement during the Withdrawal Period. The Customer must inform the Company of its decision to withdraw from the Agreement and receive a refund before the expiry of the Withdrawal Period in accordance with Article 7.5. The Customer does not have to provide a reason for the withdrawal.
7.2 The starting point of the Withdrawal Period may vary:
(a) if the delivery is a single Product, the Withdrawal Period begins to run the day after receipt of the Product by the Customer; and
(b) if the delivery concerns several Products delivered on separate days, the Withdrawal Period shall begin the day after the Customer has received the last Product ordered.
7.3 During the Withdrawal Period, the Customer shall handle the Products and their packaging with care. The Customer shall only unpack or use the Products to the extent necessary to assess whether he wishes to keep the Products and determine their nature and characteristics.
7.4 Only Products that are in their original packaging, together with all accessories and proof of purchase can be taken back by the Company. Used, opened, soiled, damaged or incomplete Products will not be taken back under any circumstances.
7.5 If the Customer wishes to withdraw from the Agreement, the Customer must notify the Company through the returns portal or by sending an email to the Company (contact@equicom.shop) before the expiry of the Withdrawal Period.
7.6 The Customer must return the Goods to the Company at the following address without undue delay and in any event within a period of fourteen (14) calendar days after sending the notice of withdrawal to the Company:
Oude Sluisweg 32, 2880 Bornem
The Goods must be sent to the Company in the same manner in which the Customer received the Goods.
7.7 All direct costs for returning the Goods under the right of withdrawal shall be paid by the Customer.
7.8 In the event of withdrawal in accordance with this Clause 7, the Company shall refund all sums already paid by the Customer, including standard shipping costs, within a reasonable time after receipt of the Goods on the credit or debit card used by the Customer to pay for the Order. The Company may charge compensation for depreciation of the Products if this was caused by the Customer having handled them in a manner beyond what was necessary to establish the nature, characteristics and functioning of the Products.
7.9 When returning the Products, the Customer shall bear the risk of damage or loss.
Article 8. Warranty and non-conformity
8.1 The Customer is entitled to a statutory warranty period of two (2) years. The legal warranty covers any defect or non-conformity of the Products that exists or is in germane at delivery and manifests itself within a period of two (2) years from the date of delivery of the Products to the Customer. Here, the burden of proof of the defect rests on the Customer.
8.2 The warranty of Article 8.1 does not apply if:
(a) the Customer continues to use the defective Product after notification in accordance with Article 8.3;
(b) the Customer knew of the defects at the time of the sale;
(c) the defect is the result of abnormal use of the Products by the Customer;
(d) the Customer has had the Product repaired itself or by a third party without the Company's prior written consent; or
(e) the defect is due to normal wear and tear, deliberate damage or negligence on the part of the Customer.
8.3 The Customer must inform the Company about the defective Products by sending an email to contact@equicom.shop within a period of two (2) months after the defect is known or could reasonably have been known by the Customer.
8.4 If a defect arises within the statutory warranty period of two (2) years, the Customer must follow the procedure set out in Clause 7. After returning the defective Product, the Company shall, at the Customer's discretion, send the Customer a new Product or repair the Product, and the Company shall bear all costs related to the replacement or repair of the Products. The Product can only be replaced and delivered to the extent that it is still available in the Webshop. If the replacement or repair is not possible, or if repair or replacement would involve disproportionate costs for the Company, or cannot be carried out within a reasonable time, the Customer shall have the right to terminate the Agreement and the Company shall refund the price of the Products in accordance with Clause 7.8.
Article 9. Intellectual property rights
9.1 All intellectual property rights relating to the Products are and shall remain the exclusive property of the Company. Intellectual property rights include all intellectual and industrial property rights, both registered and unregistered (including the right to register), including copyrights, trade names and trade secrets, design rights, trademark rights, patents and patents, sui generis rights and any other possible intellectual property rights in works computer programmes and software (both in source and object code), documents, drawings, images, designs, performances, creations, tools, technologies, researches, methods, performances or inventions and the like more, including all related and neighbouring rights and all other forms of similar protection, wherever understood.
9.2 Nothing in this Agreement shall be deemed as an implicit or explicit assignment of, or the granting of a licence to, the intellectual property rights of the Company to the Customer.
Article 10. Liability
10.1 To the maximum extent permitted under applicable law, the Company's liability under these General Terms and Conditions shall be limited to compensation for direct damage and to a maximum of the price of the ordered Products. In no event shall the Company be liable for any indirect or consequential damages.
10.2 The Customer agrees, and accepts, not to hold the Company's employees, directors, independent service providers, subcontractors, representatives and advisers personally liable for or in connection with the Agreement. Any (liability) claim for or in connection with the Agreement shall be brought by the Customer exclusively against the Company.
10.3 The Company gives no guarantees and cannot be held liable for the tolerability and suitability of the Products with the specific situation of the animal and the resulting possible adverse effects on the animal.
10.4 The Company cannot be held liable if the damage is due to inadequate care, inattention, insufficient specialised follow-up, careless compliance with any instructions for use and any conditions of use accompanying the Product.
10.5 The Products offered by the Company are intended for animals in good physical health. It is the Customer's responsibility to consult a veterinarian to validate the diet of his animal(s) and to confirm that he may administer the Product. The Customer shall also monitor the evolution of its animals using the Product with the help and advice of a veterinarian. The Company does not accept any liability for this.
Article 11. Complaint procedure
11.1 If the Customer has complaints, he can contact the Company via the chat function as provided below on the Webshop, by e-mail at contact@equicom.shop and by telephone at +32 468 28 57 27 between 9 a.m. and 5 p.m.
11.2 If the Customer and the Company cannot resolve the dispute amicably, the dispute shall be submitted to the competent court in accordance with Article 15.3.
Article 12. Use of personal data
The Company shall use the Customer's personal data only in accordance with the privacy policy available on the Company's website.
Article 13. Force majeure and imprecision
13.1 The Company shall not be liable or responsible for the non-performance or delay in the performance of its obligations under the Agreement due to Force Majeure.
13.2 In the event of Force Majeure:
(a) the Company shall notify the Customer by email; and
(b) 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. Where the Force Majeure situation affects the delivery of the Products, the Company shall agree a new delivery period with the Customer after the Force Majeure situation has passed.
13.3 The Customer and the Company shall be entitled to cancel the Agreement if the Force Majeure situation lasts more than three (3) months. If the Customer or the Company wishes to cancel the Agreement, the Customer or the Company shall notify the other party via e-mail.
13.4 In case of cancellation of the Agreement, the Company shall refund all amounts already paid by the Customer to the Customer in accordance with Clause 7.8.
Article 14. Miscellaneous provisions
14.1 The Company may amend these Terms and Conditions at any time. The Terms and Conditions in force at the time of ordering the Goods will apply to the Agreement.
14.2 The nullity 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.
Article 15. Applicable law and competent court
15.1 These General Terms and Conditions and all Contracts are subject to Belgian law.
15.2 The European Commission offers consumers a platform for alternative dispute resolution. Consumers can settle their dispute relating to an online order without court intervention. You will access the online dispute resolution platform at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=NL.
15.3 All disputes of any kind shall fall within the jurisdiction of the courts of the defendant's domicile in accordance with Article 624, 1° Of the Judicial Code.
