GENERAL TERMS & CONDITIONS
General terms & conditions
Service provider: Equi 'n sync, independently established Physiotherapist and Sports coach for horses, located in Zandhoven.
Henceforth be known as; Equi'n sync.
Customer: The client for whom the services are performed. Owner/supplier of a horse to whom Equi 'n sync provides advice, or his legal representatives.
Services: Physiotherapy treatments, Training, Rehabilitation & Sports coaching for horses and ponies and all related treatments in the broadest sense of the word, Hereafter referred to as Physiotherapy treatment, training, rehabilitation and sports coaching.
Physiotherapy treatment: conducting a physiotherapeutic examination of the horse/pony, as well as providing a full physiotherapeutic treatment of the horse, including giving advice on behalf of a customer or the horse in a consultation.
Training: performing physical training of the horse/pony, including giving advice on behalf of a customer or the horse in a training session.
Rehabilitation: performing physical exercise therapy with the horse/pony under the advice of the reating veterinarian , including giving advice for a client or the horse in a rehabilitation session.
Assignment: an agreement in accordance with the principle of a best efforts commitment whereby against payment of a fee by the customer, the customer requests advice and/or physiotherapy treatment, training, rehabilitation or sports coaching and Equi 'n sync honors this request, or an offer of Equi 'n sync to start a physiotherapy treatment, training, rehabilitation or sports coaching where the customer has indicated in whatever way that he (will) accept this offer.
2. Applicability of the terms and conditions
2.1. These conditions apply to every offer, quotation and all agreements for physiotherapeutic treatment, training, rehabilitation and sports coaching for horses/ponies, under explicit exclusion of other general terms and conditions, unless explicitly agreed otherwise in writing in advance.
2.2. The present terms and conditions also apply to all agreements with Equi 'n sync for the execution of which third parties must be involved. Conditions of the customer and/or third parties, whether or not deposited, do not apply.
2.3 If one or more of the provisions in these general terms and conditions are void or should be voided, Equi 'n sync will consult the customer in order to agree on new provisions that replace the void or voided provisions, which correspond as much as possible with the purpose and the intent of the original provision.
2.4. Acceptance of an agreement means that the customer accepts the applicability of these general terms and conditions and dismisses the applicability of any terms of the customer.
3. Deviations from the general terms and conditions
3.1. Deviations from these general terms and conditions will only be effective if confirmed in writing by Equi 'n sync.
3.2. In the event of a deviation from one or more provisions of the general terms and conditions, the other provisions will remain in full force and effect.
3.3. When Equi ‘n sync permits deviations from these General Terms and Conditions for a shorter or longer period of time on any point and/or part are explicitly or silently permitted, this does not affect Equi 'n sync's right to direct and strict compliance with the General Terms and Conditions. Even if Equi 'n sync has not strictly applied one or more provisions of these terms and conditions during a period, the customer concerned cannot derive any rights from this or rights for the future.
4.a Agreement for services
4a.1. A service agreement is concluded and becomes legally valid as soon as the offer of the horse for physiotherapy treatment, training, rehabilitation and/or sports coaching to Equi 'n sync by the customer, is followed by an acceptance for services by Equi 'n sync. The horse can be presented orally, by telephone, by e-mail and/or physically.
4a.2. There is acceptance as soon as Equi 'n sync starts with physiotherapeutic treatment, training, rehabilitation or sports coaching, or has determined a date and/or time for these services, or has made a commitment to provide these services at a later date/ time to be agreed upon.
4a.3. There is also a legally valid and binding agreement as soon as the customer has requested the delivery of goods or services other than physiotherapeutic treatment, training, rehabilitation and sports coaching and Equi 'n sync has promised to comply with this request from the customer.
4a.4. Equi 'n sync has the right to refuse the conclusion of a service agreement with regard to an offered horse and/or the delivery of certain items and/or services and/or to accept them only under certain conditions if Equi 'n sync is of the opinion that these have no, or at least insufficient, chance of success or if Equi 'n sync is of the opinion that further services are not in the interest of the horse or make no sense.
4a.5. In special cases Equi 'n sync can make the acceptance conditional on the payment of a deposit determined by it, for example in the form of a down payment of part of the costs to be incurred by Equi 'n sync, or to require advance payment of the costs to be incurred.
4a.6. Equi 'n sync may, in cases to be determined by it, state that a statement of approval must be signed in advance by the customer for the treatment to be performed and the associated costs and risks. Equi 'n sync is at all times entitled to request the submission of a valid proof of identity with this statement of approval.
4a.7. The agreement for services only obliges Equi 'n sync to provide services with due regard for all interests involved. Equi 'n sync is not obliged to any specific treatment nor to deliver any predetermined and/or anticipated result.
4a.8. The wishes of the customer are taken into account unless, in the opinion of Equi 'n sync, this does not contribute to an optimal result or this wish leads to disruption of the other state of affairs within the practice, or is contrary to legal regulations.
4a.9. At the express wish of the customer, services are terminated prematurely, provided that the customer has consulted Equi 'n sync about this beforehand. In these consultations Equi 'n sync informs the customer about the possible consequences of this termination.
4a.10. If a service agreement is unilaterally canceled by the customer, the customer is obliged to reimburse all costs incurred up to that point, including but not limited to: all costs of the services already reserved: time, spaces, any equipment, items and/or costs already incurred by third parties for the benefit of the customer and/or animal customer, as well as items already specially ordered for the services.
4a.11. Equi 'n sync can unilaterally cancel the (continuation of) service agreement if:
a. the trust between Equi 'n sync and the customer has been disrupted in such a serious way that Equi 'n sync no longer considers a workable situation to be present.
b. Equi 'n sync is of the opinion that (continuation of the) services cannot reasonably be expected from it because there is no longer a reasonable chance of an intended and/or desired result;
c. 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.
4b. Extent of service
4b.1. The service that Equi 'n sync will provide to the customer includes physiotherapeutic treatment, training, rehabilitation and/or sports coaching for horses/ponies and all related actions agreed orally or in writing.
4b.2. Equi 'n sync advises the customer after an intake interview based on the information provided by the customer and Equi 'n sync's own observation.
4b.3. Equi 'n sync will carry out the physiotherapeutic treatment, training, rehabilitation and/or sports coaching to the best of its knowledge and ability.
4b.4. If and insofar as required for the proper execution of the service, Equi 'n sync has the right and the obligation (also) to refer you to a veterinarian or specialist.
4b.5. The customer ensures that all data, which Equi 'n sync indicates are necessary or which the customer should reasonably understand to be necessary for the performance of physiotherapeutic treatment, training, rehabilitation and/or sports coaching, be provided to Equi 'n sync timely and correct. If the required information is not or cannot be provided to Equi 'n sync in time and/or correctly, Equi 'n sync has the right to suspend the implementation of the physiotherapeutic treatment, training, rehabilitation and/or sports coaching and to pay the additional costs according to to charge the customer the usual rates.
4b.6. For physiotherapeutic treatments, training, rehabilitation and sports coaching, the customer will provide a suitable space, covered or uncovered, of at least 3x3 meters (for physiotherapeutic treatments) or 20 x 40 meters (for training, rehabilitation & sports coaching) to perform these actions safely and correctly.
4b.7. The customer must ensure that the horse is dry and clean before the start of the service.
4b.8. Equi 'n sync is not liable for damage if and insofar as that damage arises from incorrect and/or incomplete data provided by the customer, unless Equi 'n sync should have been aware of this inaccuracy or incompleteness.
4b.9. If it has been agreed that the physiotherapeutic treatment, training, rehabilitation and/or sports coaching will be carried out in phases, Equi 'n sync can suspend the execution of those parts that belong to a following phase until the customer has provided Equi 'n sync feedback of the results of the preceding phase.
5.1. If the customer is unable to be present on the agreed date and time (or cannot receive Equi 'n sync), he must inform Equi 'n sync as soon as possible.
5.2. Change or cancellation of an assignment for whatever reasons requires written consent from Equi 'n sync.
5.3. If the customer does not notify Equi 'n sync, or notifies less than 24 hours prior to the agreed timing, Equi 'n sync is entitled to charge the fee for the relevant appointment to the customer.
5.4. In the case of appointments on a day following a Sunday or on one or more recognized public holidays, the period of 24 hours referred to in paragraph 2 of this article is deemed to commence at 18.00 on the last previous normal working day. In the case of an ordinary Monday, the period therefore starts at 6 p.m. on the preceding Friday.
6.1. The agreement obliges the customer to pay in accordance with Equi'n sync's rates. The services and any travel costs will be provided at the rates agreed upon orally and stated on the website. At the customer's request, the rates will be sent to him prior to the physiotherapeutic treatment, training, rehabilitation and/or sports coaching.
6.2. Equi 'n sync benefits from the special exemption regulation for small businesses. The stated rates are exclusive of VAT and other statutory levies.
6.3. At the customer's request, an estimate of the expected costs can be provided in advance. No rights can be derived from this estimate as it is emphatically only an estimate.
6.4. Cost estimates must be provided by Equi 'n sync and the customer with a written note that they have been seen and approved. This is to avoid any future misunderstandings.
6.5. Cost estimates only include the physiotherapeutic treatments, training, rehabilitation and/or sports coaching specifically stated in 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 fully borne by the customer. As soon as this is discussed, the customer will immediately be approached to make agreements about this.
6.6. If wages and prices change, Equi 'n sync is entitled to adjust the agreed rate accordingly, unless otherwise agreed in writing in advance. This does not apply to a quote that has already been signed.
7.1. Payment is made in advance, by deposit into a bank account to be designated by Equi 'n sync, or in cash immediately after a consultation.
7.2. An appeal to any deduction or set-off on the part of the other party is never permitted. This right is expressly renounced.
7.3. Deviating payment agreements are only binding if agreed in writing. If there is another method of payment, payment must be made within the date indicated on the invoice. In the event of a payment arrangement, the additional costs determined by Equi 'n sync will be charged to the customer.
7.4. Customer is automatically in default upon expiry of the payment term without summons or notice of default.
7.5. If the bill remains unpaid in whole or in part after the aforementioned payment term, the customer owes Equi 'n sync default interest in the amount of the then applicable statutory interest.
7.6. In the event of extrajudicial collection, the customer owes the usual collection costs in addition to the principal sum and the interest.
7.7. In the event of judicial recovery, including a bankruptcy petition, the other party will also owe interest and extrajudicial costs in addition to the judicial costs, including attorney's fees.
7.8. Equi 'n sync is entitled to demand an advance payment in the amount of the full contract amount.
7.9. Payment by an insurer or a third party will result in discharge insofar as the value of that payment corresponds to the amount of the claim against the customer.
8.1. Equi 'n sync disclaims any liability for possible default, unless it is the result of intent or gross negligence on the part of Equi 'n sync. There is only intent or gross negligence if the customer has been able to demonstrate this plausibly.
8.2. Equi 'n sync is not liable for changes in behavior or other problems in the horse that appear after treatment.
8.3. Equi 'n sync is not liable for the actions of customers and the resulting consequences.
8.4. If Equi 'n sync is liable in any way, this liability is at all times limited to the amount stated on the invoice or the amount that Equi 'n sync can claim under its insurance. A copy of the relevant insurance policy will be made available to the customer free of charge on request.
8.5. Compensation for indirect damage is excluded at all times. Indirect damage is in any case but not limited to: consequential damage, lost profit, lost savings and damage due to (business) stagnation.
9. Force Majeure
9.1. Equi 'n sync and the customer are not obliged to fulfill any obligation, if they are hindered to do so as a result of a circumstance that is not due to fault, and neither in accordance to the law, a legal act or in traffic generally accepted concepts comes to their account.
9.2. Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, on which Equi 'n sync cannot exert any influence, but as a result of which Equi 'n sync is unable to is to fulfill the obligations.
9.3. Equi 'n sync also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Equi 'n sync should have fulfilled its obligations.
9.4. The parties can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation to the other party.
9.5. Insofar as Equi 'n sync has partially fulfilled or will be able to fulfill its obligations under the agreement at the time of the occurrence of force majeure, and the part fulfilled or to be performed has independent value, Equi 'n sync is entitled to to charge the performed or part to be performed separately to the customer. The customer is obliged to pay this invoice as if it were a separate agreement.
10.1. Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.
10.2. If, on the basis of a statutory provision or a court decision, Equi 'n sync is obliged to provide confidential information to third parties designated by the law or the competent court and Equi 'n sync cannot invoke a legal right of non- disclosure or if the right of non-disclosure has not been recognized or permitted by the competent court, then Equi 'n sync is not obliged to pay compensation and the customer is not entitled to dissolve the agreement on the basis of any damage caused by this.
11.1. The details of the contact form are only used in the context of a good service, or to provide the necessary information. This data is not kept any further.
11.2. The data provided during the treatment are added to the file of the horse or pony, in order to guarantee qualitative follow-up of the file. This data will not be shared with third parties without written permission from the customer.
11.3. data that may be of interest to other experts to whom Equi'n sync refers in the interest of a good service for the horse or pony, will be provided to the relevant expert at the request of the customer.
12.1. Without prejudice to the other provisions of these general terms and conditions, Equi 'n sync reserves the rights and powers that accrue to it under the Copyright Act.
12.2. All information, knowledge, advice, images, folders, techniques and/or ideas gathered and developed for and/or applied in the execution of a quotation, agreement or execution of the assignment, remain the intellectual property of Equi 'n sync. The latter is at all times entitled to freely dispose of this information.
12.3. All tools used by Equi 'n sync for physiotherapeutic treatment, training, rehabilitation and/or sports coaching, original copies, (horse) customer cards and all other documents and/or information carriers relating to the horse remain the property of Equi at all times. a sync.
12.4. On request, the customer can receive copies of the items referred to in paragraph 2 of this article against payment of the cost price.
12.5. The items referred to in paragraph 2 of this article are exclusively intended to be used by Equi 'n sync and the customer and may not be reproduced, made public or brought to the attention of third parties by the customer without the prior consent of Equi 'n sync. unless the nature of the documents provided dictates otherwise.
12.6. Equi 'n sync reserves the right to use the knowledge gained through the execution of the agreement for other purposes, insofar as no confidential information is disclosed to third parties.
13. Procedure for complaints
13.1. The Client is obliged to immediately check the consultancy services to be provided by Equi 'n sync and/or other services arising from the service agreement for immediately detectable defects and/or imperfections.
13.2. Complaints about the actions performed by Equi 'n sync referred to in paragraph 1 of this article must be made verbally known to Equi 'n sync by the customer within 7 days after the defect and/or imperfection became known or could have been made known to the customer, and then at the latest within 7 days after the customer has made his complaint verbally known, followed by his written confirmation of the complaint. If one of these terms is exceeded, any claim against Equi 'n sync regarding a defect or imperfection will lapse.
13.3. If Equi 'n sync considers the complaint referred to in paragraph 3 of this article to be well-founded, Equi 'n sync has the right at all times and must be given the opportunity to do so by the customer to:
a. to perform the performance correctly within a reasonable period of time if this is still reasonably possible;
b. to remove the defect or imperfection or to supply an article or service without that defect or imperfection if this is still reasonably possible;
c. to credit the amount owed by the customer with return of the item with that defect or imperfection;
this at the discretion of Equi 'n sync.
14. Dispute Resolution
14.1. Belgian law applies exclusively to all (service) agreements between Equi 'n sync and the customer.
14.2. If a dispute falls within the legal competence of the court, the court of the district in which Equi 'n sync is located has exclusive jurisdiction to hear disputes, without prejudice to the competence of Equi 'n sync to submit a dispute to the legal authorities. competent court.
14.3. The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.
15. Amendment & deposit of the General Terms and Conditions
These general terms and conditions have been filed with the Chamber of Commerce. The latest version of the General Terms and Conditions always applies. Last modified on March 2, 2022