Terms and conditions
Article 1. Preamble
These Terms and Conditions are concluded between, on the one hand, FAMA SA registered at Banque Carrefour des Entreprises in Belgium under number BE 0451 909 043 and located at 2 rue de Bolsée 4432 Alleur, hereinafter referred to under the commercial name "FAMA SA" and, on the other hand, those who wish to carry out a purchase on the Horse Of The World website (http://www.horseoftheworld.be) hereinafter referred to as "the user".1.1 Identification
Company Name: SA Registration at BCE in Belgium under number BE 0451 909 043 - Commercial name: FAMA
SA Website: http://www.horseoftheworld.be
The buyer is defined below as being the company or the person signing and accepting these General Terms and Conditions of Sale. The General Terms and Conditions of Sale apply exclusively to all sales finalised by FAMA SA, for its own account or one of its principals. 1.2 General
The present Terms and Conditions can be modified at any time and without notice by the seller, the modifications being applicable to all subsequent orders.
The parties agree that their relationship will be exclusively governed by this contract, with the exception of any condition previously available on the website.
If a condition is found to be lacking, it will be considered to be governed by the procedures in force in the distance selling sector of the companies whose headquarters are in Belgium.
The non-application of one or several provisions of these Terms and Conditions may never be considered by the CLIENT/buyer as a renunciation of these conditions.
These Terms and Conditions aim at defining the terms of sale between the seller and the user, for the order of services or products, through payment and delivery.
It governs all necessary steps involved in the order and assures the monitoring of this order between the contracting parties.
Any user of the website, without a client number, must follow a registration process enabling them to then obtain a client number.
The information given in the catalogues, price lists, websites, notes, etc. are only given as an indication and can be modified by the seller without prior warning.
In any case, the final validation of the order implies acceptance, in its entirety and at the price indicated, by the user.
The offers are valid within the limit of the option period set at one week from the date of the option, unless specified otherwise on this offer.
This validation constitutes acceptance of all operations carried out on the website.
Article 2. Terminology
The services offered by FAMA SA on its website will be hereinafter referred to as "Horse Cosmetic Products", each person wishing to benefit from the Horse Cosmetic Products and who have fulfilled the General Terms and Conditions of Sale will hereinafter be referred to as a "CLIENT", each company that instructs FAMA to sell a product belonging to them on the website will be hereinafter referred to as a "supplier", each order placed by a client within the conditions foreseen will hereinafter be referred to as "the order".
Article 3. Registering personal data
Each natural or legal person who registers during a visit to the Horse Of The World website as a potential contracting party of FAMA SA, communicates their personal data to FAMA SA by registering. Registering implies the explicit consent that these identification data can be processed in the data file belonging to FAMA SA. Only natural or legal persons with full legal capacity to act can register. During the registering process, the natural or legal person will receive an ID number and password which is validated by FAMA SA and this information is confirmed in a summary email sent by FAMA SA to the CLIENT. The CLIENT is responsible for the confidentiality, security and the use of their ID and password. Any use of the ID and password of a certain client is believed to have been made by this CLIENT. FAMA SA can, temporarily or permanently, make it impossible to use the ID and password if it seems that the CLIENT ignores one or more of the provisions of these General Terms and Conditions. The processing of these personal data in the data file belonging to FAMA SA is for the purpose of client administration, managing orders, deliveries, invoicing for tangible and intangible services, monitoring solvability, advertising through the profile, personalised processing and marketing.
Article 4. Protection of privacy (Law dated 8 December 1992)
Principles related to the collection of data personal in nature
In principle, access to information available on or via the site is accomplished without having to provide personal data, such as name, postal address, E-mail ID...
As an exception, in view of obtaining additional services (information request, reservation, member space, subscription to a newsletter…) it is possible that personal information, essentially contact details, is requested from the user. In this case, the user is warned before and the data is processed in conformance with the provisions of the law dated 8 December 1992 with regard to processing of data that is personal in nature. In concrete, this particularly means that:
Your personal data could be collected and processed only in conformance with the purpose indicated at the time of data collection.
You will have the right to consult your personal information in order to verify its accuracy and to correct any errors. In this regard, you can contact the person in-charge of processing your data, whose contact details are given below.
The regional authority undertakes to adopt the best security measures in order to prevent misuse of personal data by third parties.
Any requests or questions with regard to protection of privacy on the site can be made to the postal address indicated on the site or by E-mail to firstname.lastname@example.org.
Using information related to navigation for the purpose of statistics
When you access the site, the visited servers automatically collect the following information:
- the IP address attributed to your computer during connection;
- the date and time of accessing the site;
- the consulted pages;
- the type of browser used;
- the platform and/or operating system installed on the PC;
- the search engine as well as the keywords used to find the site.
This information is preserved with the sole purpose of counting the number of visitors to the different sections of the site and for making improvements.
With the aim of facilitating your navigation on the site and to optimise the technical management, Horse Of The World might occasionally use "cookies".
A "cookie" is a small piece of information saved by a website in the Internet browser on your computer.
This "cookie" can be fetched during a subsequent visit to this same site. The "cookie" can be read only by the website that created it.
The site uses the "cookies" for administrative purposes, e.g. to save your preferences for certain types of information, which will save you the trouble of making the same entries during your next visit to our site.
Most "cookies" work only for the duration of a session or visit. No cookie contains information that could be used to contact you via telephone, E-mail or post. You can also configure your browser to notify you when a "cookie" is being created or to prevent creation of cookies.
Article 5. Price conditions
All information relating to products such as delivery costs and the guaranty, as well as prices, are mentioned on the corresponding information document for each product.
The sale price of each product presented on the Horse Of The World website is expressed in Euro. The prices include VAT (where applicable) as well as all fees (Recupel or other), excluding any eventual delivery fees and complementary guaranty.
Prices that appear on your order after it has been validated and registered are firm and definitive: if the prices are reduced in the few days following the order, we cannot, in any case, reimburse the difference; if the prices are increased, we are committed to deliver at the price set on the day of the order.
Sales without VAT and those being exempt from VAT are only possible when justificatory documentation has previously been produced.
The amount of the delivery costs is calculated automatically per order; mentioned on the order summary, before final registration.
The price that the buyer pays, hereinafter called total price, is also mentioned explicitly during the order process itself.
For any question concerning the payment conditions, the CLIENT can send an email to email@example.com.
Article 6: Delivery: costs and conditions
Delivery is free on all orders over 100€ excluding VAT.
For orders under 100€ excluding VAT., shipping costs (calculated by weight) are payable by the client;
Delivery can be made to an address chosen by the client (anywhere in Belgium).
If the deliveryman has to call a second time, this will be invoiced to the client;
Delivery waiting periods are given as a guideline, we can therefore not be held responsible for any possible delivery delays caused by the shipping company.
All parcels are covered by insurance; if you notice any obvious damage, you can refuse the package, or make a note of the visible damage on the deliveryman’s paperwork.
We will replace any damaged parcels as quickly as possible, and will cover shipping costs. Shipping cost:Price Position BELGIUM
- 0 > 300 gr : 2,13€
- 300gr > 2kg : 4,95€
- 2kg > 10 kg : 5,95€
- 10kg > 20kg : 6,95€
- 20kg > 30 kg : 9,95€
Horse Of The World
rue de Bolsée 2
Article 7. Order conditions
The offers are valid while stocks last. Where a quote is involved, the offers remains valid for 30 days unless mentioned otherwise. Conditions of professional use: Order:
Any order can be made by telephone, post, email, fax or on the website.
We do not impose a minimum order.
The prices indicated in Euro and excluding VAT are given as an indication and can be modified without written notice. VAT (21%) will be applied for all traders without an intra-community number. The photos are non-contractual; Horse Of The World cannot be held responsible for errors or changes in the photos and texts originating explicitly from suppliers. 7.1 Product descriptions
Products from Horse Of The World
are used by vets and professionals of the equestrian world, produced by our lab, Diamex, known and recognised for its excellent care products for cats and dogs.Horse Of The World
offers a range of unique products of very high quality, produced for the well-being of horses, resulting from a perfect combination between the benefits of nature and the wealth of our experience. No tolerance tests are carried out on the animals, whether for the well-being of horses or their master, our products are tested by alternative methods in order to assure the safety of the range. 7.2 Product availability7.3 Importation restrictions
It is up to you to find out from the local authority in your country of any possible importation restrictions or the use of products or services that you plan to order. You recognise that the products may contain technologies and software subject to laws regarding the control of exports from the United States and the European Union as well as the laws of the countries where they are delivered or used. You must respect these laws.
The products cannot be sold, rented or transferred to users or countries that are subject to restrictions, or that would use them for the purposes of mass destruction or genocide. You must refer to the regulations in force, which regularly vary depending on the products. 7.4 Steps to conclude the contract
During the first order on the Internet, any new client must create a "Client Account"; an ID ("login") and a password will be requested.
Upon each validation of an order, you will be directed to your account via a secure connection and reminded of your order. Your order will only be definitively registered after providing different information and the final validation.
When you place an order by selecting the method of payment, the sale is considered final (acceptance of the goods and price). The order is confirmed by an automatically generated confirmation email, sent by our website to the email address indicated during the creation of the client account.
The contractual information will be subject to a confirmation with this information, at the moment of delivery, at the latest. FAMA SA reserves the right to cancel or refuse any order from a client with which their is a claim relating to payment of a previous order. 7.5 Cancellation of the order
The order placed on our website is automatically cancelled if payment is not received. To cancel any order, we invite you to contact us either by email or telephone, mentioning the invoice name on the order and the order number. When the order is sent, cancellation can only be made by you refusing your parcel.
By refusing this, the carrier or the post office will be compelled to return the parcel to the sender. It is pointed out to professionals that no unilateral cancellation of the order on their part will be accepted unless agreed by FAMA SA, and that the orders sent directly by the buyer or that are sent by the representative agents of the seller only engage the seller when they are accepted in writing.
Article 8. Payment conditions
Our invoices are payable in cash and in full, no deduction, in Belgium, to B-4432 Alleur, rue de Bolsée 2. All invoices are deemed to have been verified, if a mistake is found, despite everything, in its wording, the buyer shall accept the correction, either directly on the original, or by returning it to us for correction.
Any reclamation regarding the invoice must be made in the ten days following this being sent; after this delay, our invoices are considered as accepted.
In the case of a dispute, all legal action, whether as claimant or defendant, will be the exclusive jurisdiction of the Courts of Liège and the Justice of Peace in Liège. Payable-through drafts or all other forms of payment, do not imply the novation or the derogation of this clause conferring jurisdiction. Professionals:
- Payment upon delivery (no additional charge)
- Payment before delivery, by bank transfer, into our account
- following prior agreement, payment after delivery
CBC: BE87 3400 6875 9294 - Indicate the name and order N° Article
9. Right of renunciation
Any professional may abandon its purchase online before shipping the package .
Article 10. Loss and damage
For all orders sent to the consumer, the risk of loss or damage to goods is transferred to the consumer, when the latter, or a third party designated by the consumer and other than the transporter, physically takes possession of these goods. However, the risk is transferred to the consumer, upon delivery of the good to the transporter, when the latter is commissioned with the transport of the goods by the consumer, and that the choice was not given by the company, without prejudice of the rights which the consumer has with regard to the transporter. (CDE Chapter VI art. 44);
Article 11. Responsibility
The company, under the commercial name FAMA SA, has, for all steps to access the website, of the order process, delivery or other services, only an obligation of means.
FAMA SA cannot be held responsible for any inconvenience or damages due to using the Internet, especially a disruption of service, an external intrusion or the presence of a virus, or from a force majeure, in accordance with the law. FAMA SA cannot be held responsible for damages of any nature, physical, tangible or intangible, that may result from the poor operation or poor use of the marketed products. Similarly for eventual modifications of products from suppliers.
The responsibility of FAMA SA will be, in any case, limited to the amount of the order and will only be considered for simple mistakes or omissions that may have arisen despite all precautions taken in the presentation of the products.
FAMA SA cannot be held responsible, towards a CLIENT or a third party, for any indirect damage, any loss in operation, profit or turnover, that may occur for any reason.
Without limiting the previous paragraphs, the responsibility of FAMA SA with regard to the terms of these General Terms and Conditions cannot exceed the amount paid or due during the transaction at the origin of the said responsibility, no matter the cause or the form of the action concerned.
FAMA SA cannot be held responsible for the non-execution of the contract concluded in the case of a stock shortage or unavailability of the product, a force majeure, disturbance or total or partial strike, of especially the postal service and means of transport and/or communications, flood, fire.
FAMA SA undertakes to not divulge the information communicated by the clients on the website to third parties. These are confidential. They will only be used by internal services for the processing of your order and to strengthen and personalise communication, especially by information letters/emails as well as within the framework of the personalisation of the website in accordance with the preference given by the users.
FAMA SA may provide consolidated statistics relating to its clients, sales, exchanges structures and relating to information on the site to trusted third parties, but these statistics shall not contain any personal data.
FAMA SA will not sell, commercialise, or lease the information concerning its clients to third parties.
Article 12. Copyright
Legal information - Conditions of use of the website
The use of the website is subject to the General Terms and Conditions described above. By accessing this website, you declare to have acknowledged and accepted, without the slightest reservation, these General Terms and Conditions of Use.
Quality of the information and service, limitation of liability. The hypertext links on the portal site belonging to FAMA SA and those that redirect to other websites do not engage the responsibility of FAMA SA regarding the content on these websites. The CLIENT will conform to their conditions of use.
Rights of intellectual property The texts, layout, illustrations and other elements making up the website, are protected by copyright or, in the case of databases, by a specific right. All these elements are the property of FAMA SA or, where applicable, a third party from which FAMA SA has obtained the necessary authorisations.
Unless otherwise stipulated, the text or figures on the website can be used free-of-charge in mentioning the source and only for a use not considered to be commercial or a form of advertising. However, any reproduction of a commercial or advertising nature of this information, as for all forms of use and reproduction of the other elements forming the website, such as graphics, images, sound or apps, are strictly forbidden without prior authorisation.
All requests of this nature must be addressed to the management of FAMA SA. Creation of hyperlinks to the website FAMA SA authorises the creation, without prior request, of surface linking which redirect to the homepage of the portal site or to any other page in its globality. However, the use of any techniques to include all or part of the portal site in a website whilst hiding the exact source of the information, such as framing or in-lining, require the written authorisation from FAMA SA.
All requests of this nature must be addressed to the management of FAMA SA.
Article 13. Integrality
In the event that a clause of the present contract becomes null and void by a change in law, regulation or by a legal decision, this will in no case affect the validity and respect of the present Terms and Conditions of Sale.
Article 14 Duration
The present Terms and Conditions apply for the duration of the services offered by FAMA SA.
Article 15. Proof
The computerised registers, kept in the computer systems of FAMA SA and its partners under conditions of reasonable security, will be considered as proof of communication, orders and payments between the two parties.
The conditions provided on this site apply to deliveries in Belgium and Luxembourg terrorities exclusively. The articles sold by FAMA SA conform to the description and presentation of the data in the catalogue. Despite all our precautions, errors can appear in this catalogue. In no case can we be held responsible for these.
Article 16. Conservation and archiving transactions
The archiving of purchase orders and invoices is done on a reliable and sustainable medium, in order to provide a true and durable copy.
Article 17. Applicable law and jurisdiction
These Terms and Conditions are subject to Belgium law. In the case of a dispute, the CLIENT must first turn to FAMA SA to find a friendly solution. Should this not be possible, only the courts of the judicial district of FAMA SA are competent, no matter the country of delivery and the methods of payment accepted.