GENERAL TERMS & CONDITIONS
General terms & conditions
Version of 13 mars 2023
These general terms and conditions govern the contractual relationship between the customer and Ms Els Martin, acting as a self-employed natural person, established at 2240 Zandhoven and registered in the Crossroads Bank for Enterprises under number 0679.807.969, henceforth referred to as 'Equi'n sync';
'Customer' refers to any person, private individual or company that calls on Equi'n sync's treatments.
Article 1 - Definitions
In these general terms and conditions, the following terms are used in the following sense unless expressly stated otherwise:
Physiotherapeutic treatment: performing a physiotherapeutic examination on animals, as well as providing full physiotherapeutic treatment including giving advice on behalf of a client or the animal in a consultation.
Training: the performance of physical training of the animal including giving advice on behalf of a client or the animal in a training session.
Sports Coaching: Individual, customised sports coaching including giving advice on behalf of a client or the animal in a coaching session
Rehabilitation: performing targeted physical exercise therapy under the advice of the attending veterinarian with the animal, including giving advice for the benefit of a client or the animal in a rehabilitation session.
Assignment: an agreement in accordance with the principle of a best-efforts obligation in which, against payment of a fee by Customer, the Customer requests an advice and/or physiotherapy treatment, training, rehabilitation or sports coaching and Equi 'n sync honours this request, or Equi 'n sync's offer to start a physiotherapy treatment, training, rehabilitation or sports coaching in which Customer has indicated in any way to (will) accept this offer.
Animals: Horses, ponies and other small pets, such as, for example, and not exhaustively listed,: dogs and cats.
Consultation: all activities in the field of physiotherapy treatment, (rehabilitation) training, sports guidance, as well as all activities generally related to it.
Article 2 - General
§1. These general terms and conditions govern the contractual relationship between the Customer and Equi'n sync.
§2. The latter carries out its activities in the field of physiotherapy treatments, (rehabilitation) training, sports guidance for animals, as well as all activities generally related thereto.
§3. These general terms and conditions apply to the treatments carried out by Equi'n sync and for which the Customer has given his/her consent, unless expressly agreed otherwise in writing in advance.
§4. These general terms and conditions take precedence over all other general terms and conditions. They may be amended by Equi'n sync at any time, provided that they are communicated to the Customer as soon as possible. The new version of the general terms and conditions will only apply to contracts concluded after their entry into force.
§5. These general terms and conditions apply to any appointment made by the Customer via the website, by telephone or through social media channels. They cover the entire contractual relationship between Equi'n sync and the Customer, from the making of the appointment to the payment and execution of the treatment.
Article 3 - Prices
§1. The prices for the treatments are shown on the Website (www.equinsync.be) of Equi'n sync.
§2. In addition, for home consultations, a mileage allowance is charged per kilometre driven from the registered office of Equi'n sync. The kilometre fee can only be shared by different owners at the same treatment address.
§3. The prices and mileage allowances stated on the website are valid on the date of consultation and are subject to change. The final price is communicated to the Client at the time of making an appointment via the website, by telephone or other social media channels.
§4. The website has been prepared with the utmost care. It is intended to present the treatments offered by Equi'n sync. The information on the website is subject to change. Customers are therefore requested to check the information at their disposal before contacting us. Under no circumstances will Equi'n sync be contractually bound by any information made available on the Website.
§5. If desired, Customer may, at its request, request an estimate in advance from Equi'n sync of the costs to be expected. This estimate is an estimate and is non-binding. To avoid any misunderstandings, the parties undertake to sign this estimate. Cost estimates include only the physiotherapy treatments, training, rehabilitation and/or sports coaching specifically mentioned on this estimate. The costs of follow-up sessions, follow-up treatments and/or unexpected or unforeseeable complications are never included in an agreed or estimated price and are always entirely at the Client's expense.
§6. In case of changes in the prices of raw materials, wages, social security charges or taxes, Equi'n sync can change the amount initially notified to Customer. In this case, Equi'n sync will notify Customer of this change in writing before starting the treatments.
§7. Equi'n sync benefits from the special exemption scheme for small businesses. The rates stated are exclusive of VAT and other statutory levies.
Article 4 - Customer's agreement and contractual documents
§1. An agreement with Equi'n sync is established after the customer has asked for a treatment and Equi'n sync has indicated that it will carry out the treatment. Appointments can be made through the website, by telephone or through various social media channels.
§2. Equi'n sync reserves the right to refuse treatment or to accept it under certain conditions, if Equi'n sync is of the opinion that the proposed treatment has no or insufficient chance of success and that this is not in the interest of the animal.
§3. Equi 'n sync reserves the right in certain cases to have the Customer sign a declaration of agreement in advance for the treatment to be performed and the costs and risks involved.
§4. The Customer's wishes will be taken into account, unless in Equi'n sync's opinion this does not contribute to an optimal result or this wish leads to disruption of the other course of events within the practice, or is in violation of statutory regulations.
§5. At the explicit wish of the Customer, treatments can be terminated prematurely, provided that the Customer has consulted Equi'n sync beforehand. In this consultation, Equi'n sync informs the Customer about the possible consequences of such termination.
Article 5 - Discounts
Reductions or discounts may be granted to the Customer. These reductions or discounts do not constitute a right of the Customer. They are granted taking into account the existing professional relationship between Equi'n sync and the Customer. Moreover, these reductions or discounts are strictly related to the treatment in question and are by no means general.
Article 6 - Payment
§1. Payment for treatments by the Client shall be made as follows:
-in cash immediately after the treatment or;
- before the appointment by means of a bank transfer to the account number of Equi'n sync.
§2. Equi'n sync will, if desired, issue an invoice for the treatment in question, unless it is agreed that the invoice will be sent to the Customer at a later time.
§3. In case of late payment of the due compensation, Equi'n sync has the right to charge statutory interest without prior written demand, as well as all judicial and extrajudicial costs which Equi'n sync is required to incur to collect the outstanding account.
§4. Equi'n sync is entitled to demand full or partial prepayment of the treatment due. Customer is not entitled to any set-off or discount, unless deviated from in writing.
Article 7 - Changes and cancellations
§1. An appointment can be cancelled or rescheduled up to 24 hours before treatment. To the extent possible, a new appointment will be scheduled.
§2. If the appointment is cancelled or rescheduled within 24 hours before the scheduled appointment, Equi'n sync reserves the right to charge for the entire treatment.
§3. Changing or cancelling a treatment for whatever reason requires written consent from Equi 'n sync.
§4. For appointments on a day following a Sunday or on one or more recognised public holidays, the 24-hour period referred to in this article is deemed to commence at 18:00 on the last preceding ordinary working day. In the case of an ordinary Monday, the deadline shall therefore commence at 18:00 on the preceding Friday.
§5. In case Customer, for whatever reason, unilaterally cancels the treatments after an appointment has been made, Customer must reimburse Equi'n sync to the extent of the costs already incurred by Equi'n sync on the date of cancellation by Customer for the execution of the treatments. Costs include, but are not limited to: all costs of time, rooms, any equipment/material, items and/or costs already made by third parties for the benefit of Customer and/or animal, as well as items already specially ordered for the treatments.
§6. Equi'n sync can unilaterally cancel the appointment if
- the trust between Equi'n sync and Customer has been disturbed in such a serious way that Equi'n sync no longer considers a workable situation to be present;
- Equi'n sync is of the opinion that (the continuation of) the treatments cannot reasonably be required from it because there is no longer a reasonable chance of achieving an intended and/or desired result.
In these cases, the customer will be informed of such a decision as soon as possible. The customer remains obliged to pay the treatment costs incurred up to that point.
Article 8 -Specific provisions for performance
§1. Customer must inform Equi'n sync of any specific wishes before entering into the agreement.
§2. In any case, Customer undertakes to provide Equi'n sync with the information and documents necessary for the proper execution of the treatment. If the requested and necessary data are not timely and/or incorrect, Equi'n sync has the right to suspend the execution of the treatment and to charge the additional costs to Customer according to the usual rates.
Article 9 - Obligations of the Client
§1. For the performance of the treatments, the Client must provide the following necessary spaces to be able to carry out the treatments safely and correctly:
- for physiotherapy treatments: a suitable space, covered or uncovered, of at least 3 metres x 3 metres
- for training, rehabilitation & sports coaching: a suitable room, covered or uncovered, of at least 20 metres x 40 metres.
§2. The Client shall ensure that the animal is dry and clean before the start of the treatment.
§3. The Customer undertakes to be on time for the appointment, preferably 15 minutes beforehand. The Customer shall inform Equi'n sync that it could not be present on time. If Customer shows up 10 minutes after the scheduled appointment, Equi'n sync has the right to adjust or curtail the treatment and still charge for the entire treatment.
Article 10 - Means commitment
Equi'n sync is only bound by an obligation of means, unless explicitly stipulated otherwise. Equi'n sync undertakes to make every effort to carry out the treatment. However, Equi'n sync may not use means which are disproportionate to the goal to be achieved.
Article 11 - Limitation of liability
§1. Equi'n sync is not liable for damage, if and insofar as such damage results from incorrect and/or incomplete data provided by the customer.
§2. Equi'n sync's liability in case of damage caused by its fault is limited to direct and foreseeable damage. Except in cases of intent or gross fault, Equi'n sync is in no case liable for indirect damage caused by its fault, such as in particular financial or commercial losses, loss of an opportunity, loss of profit, the increase of general costs. There is only intent or gross negligence if Customer has been able to make this plausible.
§3. Equi'n sync is not liable for behavioural changes or other problems in the animals which manifest themselves after the treatment.
§4. Equi'n sync is under no circumstances liable for damage resulting from the intervention of a third party or from wrongdoing by Customer or by a third party. Equi'n sync does not carry out treatments normally provided by a professional (veterinarian).
§5. Furthermore, Equi'n sync cannot be held liable for the consequences in case where the advice is obtained by the Customer and communicated to third parties without Equi'n sync's consent.
§6. Equi'n sync does not perform activities as a veterinarian. If and to the extent required for a proper execution of the treatment, Equi 'n sync has the right and obligation to (also) refer to a veterinarian or specialist.
§7. Equi'n sync provides advice on specific matters related to the various treatment techniques to promote the welfare of the animals, which should only be considered within the framework of this strict limitation. Under no circumstances can Equi'n sync be held liable in case of ineffective advice.
§8. Equi'n sync can under no circumstances be held liable for a cancellation or postponement of treatment for reasons independent of its will, such as a full or partial strike of third parties to the relationship, a natural disaster, (risk of) attacks or any other reason of force majeure as defined by case law. In case of such an event, the Customer and Equi'n sync undertake to postpone the treatment by mutual agreement.
§9. Equi'n sync limits its liability to the insured amount in its professional liability insurance.
Article 12 - Suspension
§1. In case of suspension due to force majeure, late or non-payment, or any other reason, the treatments will be postponed by Equi'n sync until the party is again in a position to comply with this agreement. In the event that the suspension lasts for more than 2 months, both parties have the option to dissolve the present treatment in part or in full. If the case arises, the Parties undertake to notify each other in writing and no damages may be claimed.
§2. If it has been agreed that treatment is to be carried out in phases, Equi'n sync can suspend the execution of those parts belonging to a subsequent phase until Customer has communicated the results of the preceding phase to Equi'n sync.
Article 13 - Confidentiality
§1. Confidential data relating to both Customer and Equi'n sync and to third parties acting in the contractual relationship, collected by any means and mainly through e-mail exchanges, verbal exchanges, as well as any future information, are intended exclusively for the performance of the contract and communication between the parties. They may not be disclosed or transferred to third parties not authorised by the parties.
§2. Both Equi'n sync and the Customer must observe the confidentiality of the information and only use the information to the extent strictly necessary for the performance of their respective obligations.
§3. In case of non-compliance with this principle of confidentiality, both Equi'n sync and the Customer may claim compensation for the damage suffered from the accused party.
Article 14 - Intellectual property
§1. All information, knowledge, advice, images, leaflets, techniques and other creations and treatments developed by Equi'n sync in the context of the execution of the agreement remain the full and exclusive intellectual property of Equi'n sync. If desired, Customer may obtain copies of the items mentioned in this article upon request and against payment, without transferring the intellectual property thereof to Customer.
§2. The entire content of the Equi'n sync website is the property of Equi'n sync. This content is protected by copyright. As such, this content may not be copied, reproduced or used for purposes other than those that might be assigned to Customer without the consent of Equi'n sync, owner of the website.
§3. Equi 'n sync reserves the right to use the knowledge acquired through the execution of the agreement for other purposes, as long as no confidential information is brought to the knowledge of third parties.
Article 15 - Complaints
§1. The Customer is obliged to check the treatment to be carried out by Equi 'n sync, consultation and/or other treatments resulting from the service agreement for immediately detectable defects and/or imperfections upon receipt or after execution.
§2. Any complaint by the Customer, with the exception of any complaints referred to in an article, must be submitted in writing no later than 7 days after the occurrence of the event giving rise to the complaint, with the postmark serving as proof. Equi'n sync undertakes to make every effort to find an amicable solution acceptable to all parties. §3. Insofar as the Customer submits a complaint within the aforementioned periods and insofar as Equi'n sync accepts this complaint, the amount of the complaint shall be limited to the value of the treatment in question.
Article 16 - Personal data
All personal customer data as defined in the European Data Protection Regulation 2016/679 (AVG) shall be processed in accordance with this Regulation. This data shall only be processed and stored for the proper performance of the contractual relationship between the parties and shall in no case be passed on to third parties for any other purpose. In this regard, please refer to Equi'n sync's website: privacy statement .
Article 17 - Collection of testimonials
§1. The treatments carried out by Equi'n sync on behalf of Customer may be used anonymously by Equi'n sync for reference purposes at any time. Equi'n sync undertakes to obtain the Customer's consent for references with explicit mention of the Customer's details.
§2. Equi'n sync may ask Customer to provide written, oral or visual testimony on the performance of the treatments and their personal impact. Customer is free to refuse to give such testimony at any time. If he accepts, Equi'n sync will ask him to give his formal consent in writing. The testimonies collected by Equi'n sync may be used for documentary or reference purposes.
Article 18 - Nullity
The possible nullity of a provision of these general terms and conditions does not affect the validity of the whole of these general terms and conditions. If a clause is declared null and void, the parties undertake to conclude and include a clause of similar scope in these general terms and conditions.
Article 19 - Application of Belgian law
Belgian law shall apply to these general terms and conditions and to any dispute concerning the validity, interpretation or execution of these general terms and conditions. All provisions not provided for in these general terms and conditions shall be governed by Belgian law.
Article 20 - Dispute resolution and competent courts
In the event of a dispute, preference is given to an amicable solution between Equi'n sync and Customer. However, if no agreement seems possible after amicable consultation, the courts of the judicial district of Equi'n sync are competent.