1. These general terms and conditions (“General Terms and Conditions”) apply to all services provided by European Horse Services BV. They form an inseparable whole with our quotations and invoices and, in general, with every agreement we enter into. They prevail over any general terms and conditions of the client/principal (“Client”). These terms and conditions may only be deviated from in a written provision signed for agreement by us.
2. All our agreements and services are subject to the Belgian General Forwarding Conditions 2024, under which European Horse Services BV, depending on the assignment, may act as forwarding agent or carrier acting as commission agent. These conditions can be consulted via the following hyperlink and have been communicated to the Client. The Client confirms receipt and acceptance of the Belgian General Forwarding Conditions 2024, which form an integral part of the contractual relationship between European Horse Services BV and the Client. If the Client is a consumer, the provisions of the Belgian General Forwarding Conditions 2024 that are incompatible with the mandatory provisions of consumer law do not apply. The General Terms and Conditions take precedence over the Belgian General Forwarding Conditions 2024.
3. If the Client is not the owner of the horse, the owner of the horse (“Owner”) shall be jointly and severally liable with the Client for the fulfilment of all obligations arising from these General Terms and Conditions, the agreement and any other contractual document. The General Terms and Conditions, the agreement and any other contractual document are deemed to have also been accepted by the Owner and are binding on him. Insofar as necessary, the Client undertakes and guarantees that the Owner accepts the General Terms and Conditions, the agreement and all other contractual documents.
4. All goods (including horses) are handled, dispatched, transported and/or stabled at the risk of the Client and/or the Owner and are always assumed to be adequately insured, including for any liability and (transport) risks, unless otherwise agreed in writing.
5. The Client confirms that the horse is not subject to any transport restriction, prohibition or exclusion that could prevent or restrict the intended transport. If, for whatever reason, a horse cannot or may not be transported, all costs already incurred by European Horse Services BV will be charged in full to the Client. European Horse Services BV is entitled, pending further instructions, to stable the horse at European Horse Services BV at the risk and expense of the Client.
6. Horses stabled at European Horse Services BV are kept, at the risk of the Client and/or the Owner and if circumstances permit, in movement and may for this purpose be placed in a horse walker, indoor arena, pasture and/or outdoor paddock. Likewise, any urgent or necessary veterinary treatments are also carried out at the risk of the Client and/or the Owner. In both cases, the Client and/or the Owner or his representative may provide any deviating instructions in writing to European Horse Services BV via the following email address: info@ehs.be.
7. Horses stabled at European Horse Services BV in preparation for shipment to third countries may, without prior notice to the Client, be excluded from the food chain through the administration of vaccinations, medicines and/or treatments in the context of sanitary requirements.
8. Pursuant to Article 6.3 of the Civil Code, the provisions on non-contractual liability of Book 6 of the Civil Code do not apply to European Horse Services BV, its directors, staff, employees or other agents (including sub-agents). As a result, the Client (and the Owner) confirms and accepts that European Horse Services BV, its directors, staff, employees or agents cannot incur any non-contractual liability towards the Client (and the Owner).
9. If the Client cancels or amends a shipment, cancellation costs will be charged which may amount to up to 100% of the total costs. Notwithstanding the foregoing, the cancellation or amendment period is seven (7) days before the planned shipment date, unless European Horse Services BV states that a different cancellation or amendment period applies to the shipment concerned.
10. The information about the products and services offered on the website of European Horse Services BV is purely informative, non-binding and subject to any changes made in the meantime. European Horse Services BV is entitled to change the information about the products and/or services offered and/or their prices on the website at any time and without prior notice, and is not obliged to continuously update any outdated information on the website.
11. The Client undertakes to have provided, and to immediately provide, all information reasonably necessary to enable European Horse Services BV to perform its services, and confirms that all such information is complete, accurate and correct. The Client is liable towards European Horse Services BV for all costs, liabilities and claims incurred by European Horse Services BV as a result of non-compliance with this obligation, and shall indemnify and hold harmless European Horse Services BV in this respect.
12. Only quotations issued by European Horse Services BV are binding and, unless otherwise stated, are valid for seven (7) calendar days from the date of issue.
13. Unless expressly stated otherwise, no part of the website or the content on the website (text, logos, illustrations and images, design) may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including by “mirroring”) to another computer, smartphone, server, website or other (digital) medium for publication, distribution or commercial purposes, without the prior written consent of European Horse Services BV.
14. All our invoices are payable within the payment term stated therein and to the bank account number stated therein.
Non-payment or partial payment of an overdue invoice renders all invoices towards the Client immediately due and payable and cancels any discounts granted. In such case, European Horse Services BV also has the right to suspend the performance of any obligation towards that Client and/or the Owner and to charge the resulting costs to the Client.
In the event of late payment of an invoice, statutory interest for late payment shall be due automatically and without prior notice of default from the due date – or, for a consumer, after notice of default – equal to the interest rate applicable pursuant to Article 5 of the Act of 2 August 2022 on combating late payment in commercial transactions.
15. In addition, as a penalty clause, a lump-sum compensation of 10% of the invoice amount is due automatically and without prior notice of default, with a minimum of EUR 125.00. If the Client is a consumer, the lump-sum compensation charged after notice of default is limited to:
• EUR 20 if the outstanding balance is less than or equal to EUR 150;
• EUR 30 plus 10% of the amount due on the portion between EUR 150.01 and EUR 500 if the outstanding balance is between EUR 150.01 and EUR 500;
• EUR 65 plus 5% of the amount due on the portion above EUR 500, with a maximum of EUR 2,000, if the outstanding balance is higher than EUR 500.
If we fail to fulfil, or fail to correctly fulfil, our obligation to deliver/perform, the Client is entitled to equivalent compensation.
In the event of non-payment by the Client, European Horse Services BV may, where applicable, recover the costs from the Owner.
16. All goods, including but not limited to horses, taken into receipt by European Horse Services BV for transport, are pledged to European Horse Services BV from the moment of that receipt as security for all existing and future contractual and non-contractual claims of European Horse Services BV against the Client and, where applicable, the Owner. If the Client is not the owner of those goods, he is presumed to be authorised to make that pledge. In the event of default by the Client, European Horse Services BV has the right to enforce the pledge in accordance with Article 46 or 47 of the Pledge Act. If the Client is not a consumer, European Horse Services BV has the right to appropriate the object of the right of pledge, with the value being determined by an expert appointed by European Horse Services BV. All costs of enforcement are borne by the Client.
17. Unless otherwise agreed in writing, the notifications, communications and messages provided for shall be made, at the choice of European Horse Services BV, by analogue or digital means (post, email, telephone, electronic messaging services, website, etc.) via the contact details provided by the Client. Any change or addition to the contact details shall be notified to European Horse Services BV without delay and in writing.
18. The collection and processing of personal data is carried out in accordance with Belgian and European regulations on the protection of personal data and the General Data Protection Regulation (“GDPR”). To fully inform the Client about how his data is handled and the rights he has, we make a separate privacy policy available on our website, which can be consulted via the following hyperlink.
19. If one or more provisions of these General Terms and Conditions are declared void, unenforceable or otherwise ineffective, this shall not affect the validity, enforceability or applicability of the General Terms and Conditions and of the other provisions of these General Terms and Conditions. In such case, the parties undertake to replace the provision(s) concerned with (an)other provision(s) whose content corresponds as closely as possible to that of the provision(s) concerned.
20. All our agreements and general terms and conditions are governed by and shall be interpreted in accordance with Belgian law. In the event of disputes, the courts of the judicial district of Ghent, Bruges division, shall have exclusive jurisdiction.