General terms and conditions of sale, service and intervention
These conditions (GSC, GCS, CGI) are available on the www.ephorses.be website
These general terms and conditions apply to all products and services provided by S.A. VAN ELEWYCK & CO registered with the Carrefour bank under number 0700.664.454 and having its registered office at Rue les Ruelles 1 bus 1, 4280 Hannut. Special contractually agreed conditions may supplement or modify the present conditions
ARTICLE 1: PURPOSE
The offer of equine chiropodist or farrier is accepted by the customer leading to the conclusion of a contract for future services.
The customer acknowledges that the acceptance of the offer is made by one of the points below:
The customer will make the intervention request by SMS, MAIL, by telephone or on the telephone messaging system or live. The intervention appointment will be confirmed to the customer.
ARTICLE 2:
URGENT INTERVENTION, INTERVENTION IMPOSSIBLE DUE TO THE EQUIDE OR THE CUSTOMER
For emergency interventions, an offer cannot be made prior to the intervention. For urgent interventions, interventions impossible because of the equine or the customer, a supplement or a compensation will be applied according to the time of intervention, the mileage, the dangerousness of the animal or the dangerousness of the site of intervention,
..
ARTICLE 3: PAYMENT, INVOICING
The prices of interventions will be communicated to the customer on request.
In the event that no financing agreement has been negotiated in writing, the customer declares that he/she has the financial means to pay any invoice relating to the offer in question and accepts responsibility for payment.
In the event that the customer does not request the exact amount, or an estimate of the costs resulting from the emergency intervention, the customer acknowledges that he/she is responsible for payment.
Payment is due at the end of the invention, in cash or by means of a payment terminal or contactless payment. Payment by internet link and remote payment may be subject to additional charges. Reservation of title clause: the transfer of ownership of the goods sold will only take place once the invoices have been paid in full
Late payment will incur a penalty equal to a fixed recovery penalty = 100.00 Euros.
ARTICLE 4:
IF the customer who owns the horse is not present on the day of the service then :
- If it is specified that the farrier will have to manage alone with the equine(s), then the customer will not be able to lodge a complaint in the event of a problem. The customer is not present to observe a problem, or to point out to the farrier any different or inappropriate behaviour on the part of the animal.
- If a person other than the owner is present on the day of the operation, the farrier will, as is customary in the trade, trust the person present and assume that he or she has the right to make decisions about the animal on behalf of the owner (e.g. a horse entrusted to a stable, or the neighbour, etc.)
The farrier carries out his work to the best of his ability, respecting the duty of care that can be expected of him.
If an error is made because the customer has provided inaccurate or incomplete information, the company is not liable for any resulting damage.
Insofar as the company depends on the cooperation, services and supplies of third parties
third parties in the performance of its activities, we cannot be held liable in any way for any damage
in any way whatsoever for any damage resulting from their error, including gross error and
intention.
Insofar as permitted by law, the Customer expressly and irrevocably waives, in his own name and in the name of his affiliated companies within the meaning of Article 1:20 of the Companies and Associations Code, any extra-contractual claims he may have against any auxiliary person of the company in the context of his collaboration with the company, in accordance with Article 6.3, §2 of the Civil Code. This includes any affiliate, director, manager, employee, independent service provider, shareholder or member of staff of the company.
Our liability in the exercise of our activities is limited to the amount insured by our professional liability policy.
If, for any reason, the liability insurer fails to pay, any liability is limited to
liability is limited to 25,000 euros.
These limitations also apply to all claims arising out of the conduct of our business against all persons, partners, directors and/or independent employees.
If it appears that two or more claims result from one and the same fault, they will be considered as a single case of liability and liability will therefore be limited to the highest amount. Unless otherwise stipulated, liability is limited to the highest amount.
Unless otherwise stipulated by mandatory law, under no circumstances shall damages resulting from loss of profits, clientele, business opportunities or anticipated savings or advantages, loss or corruption of data, or indirect losses or damages give entitlement to compensation.
ARTICLE 5 COURTS
This agreement is governed by Belgian law.
The courts of Liège shall have exclusive jurisdiction over any dispute relating to this agreement.
ARTICLE 6: INSURANCE
The company S.A. VAN ELEWYCK & CO contractually limits its liability to €25,000 per horse entrusted.
Consequently, the customer confirms that he accepts this guarantee ceiling and takes the necessary steps with his insurer, without recourse against the company or its insurers, to guarantee his horse if its value is higher
Bodily injury and material damage combined: EUR 2,500,000.00
Immaterial damage is limited to : 25.00% of the combined sums for bodily injury and material damage.
Civil liability after delivery
Bodily injury and material damage combined: EUR 2,500,000.00
Consecutive immaterial damage is limited to : 25.00% of the combined sum insured for bodily injury and material damage.
Third-party liability for entrusted objects
Sum insured per claim
Consecutive material and immaterial damage: EUR 25,000.00
