Article 1 - Scope of application - Purpose
1.1. The present general terms of sale are applicable to sales concluded between the company STABLEGEAR BVBA, whose registered office is located at Leo Van Hullebuschstraat 199 in 2900 Schoten, VAT 0460.402.976 [contact: Jean Béliard, firstname.lastname@example.org, T. +32 (0) 475 / 864.944] and Customers wishing to acquire the products offered for sale on the https://www.stablegear.be site (hereafter "the site"). The present general conditions of sale specify the conditions of order, payment, delivery and management of the possible returns of the products ordered by the Customers.
1.2. The products offered for sale on the website are the following: saddles, helmets, leather accessories necessary for riding and more generally textiles related to equestrian activity.
The main characteristics of the products and in particular the specifications, illustrations and indications of size or capacity of the products, are presented on the website. The photographs presented on the website are not contractual and do not engage the responsibility of the seller. The Customer is required to refer to the description of each product to know the properties and the essential characteristics.
1.3. The present general conditions of sale are accessible at any time on the Internet site. The Customer declares to have taken knowledge of the present general conditions of sale. The fact of ordering on the https://www.stablegear.be website implies full and complete acceptance of these general terms and conditions of sale, which is expressly recognized by the Customer, who renounces the right to take advantage of any contradictory document, which would be unenforceable against STABLEGEAR.
1.4. In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and oppose all his personal data at any time by sending his request to STABLEGEAR by e-mail to the following address: email@example.com.
Article 2 - Order
2.1. After validation of the shopping cart, the total price is presented with the product(s) chosen, the amount of the shipping costs as well as the billing address, the delivery address, and the means of shipping. The secure online payment is then proposed to the Customer who has the choice between a payment via Bancontact or by credit card.
2.2. The product offers are valid if they are visible on the site within the limits of available stocks. Orders placed will only be binding on STABLEGEAR upon written confirmation from STABLEGEAR. The sale will only be considered as final after STABLEGEAR has sent the Customer confirmation of the acceptance of the order by e-mail and after STABLEGEAR has received the full price.
Article 3 - Prices
3.1. The Products will be invoiced based on the price list in force at the date of the placing of the order. The unit prices of the Products are indicated in euros (€) and are inclusive of all taxes and including VAT, excluding shipping costs. The prices do not include the costs of processing, shipping, transport, and delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase including these costs.
3.2. STABLEGEAR reserves the right to modify the prices of the Products at any time by notifying the Customer of the new prices via the Site. The prices thus modified will be applicable to orders placed after this date.
3.3. The price indicated on the invoice is the final price expressed all taxes included and including VAT. This price includes the price of the Products, the handling, packaging, and storage costs of the Products, as well as the transport costs.
Article 4 - Terms of payment
4.1. The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the terms offered at the time of order confirmation.
4.2 Any complaint relating to the invoice must be notified in writing to STABLEGEAR at the latest within eight (8) days of its receipt, failing which it will not be considered and the invoice will be considered as accepted.
Article 5 - Delivery
5.1. Orders are prepared by STABLEGEAR and shipped by an independent carrier to the delivery address indicated by the Customer when ordering.
5.2. STABLEGEAR will do its best to ensure the delivery of the ordered Products to the Customer within ten (10) working days from the date of the confirmation of the order or, failing that, within a reasonable time. If the Product is an ANTARES brand product: (i) either the product is in stock with STABLEGEAR, in which case the indicative delivery time of ten (10) working days, indicated in the preceding paragraph, applies (ii) or the product is not in stock with STABLEGEAR but is in stock with its supplier ANTARES, in which case the indicative delivery time is fifteen (15) working days (iii) or the product is not in stock with the ANTARES supplier, in which case the indicative delivery time is six (6) to eight (8) weeks.
The delivery times announced are purely indicative so that a delay in delivery can neither give rise to cancellation of the order, nor to the payment of compensation on any grounds whatsoever, unless the Customer demonstrates that the delay is the consequence of a serious breach of duty by STABLEGEAR.
5.3. If the Customer is a Consumer and the ordered products have not been delivered within a period of three (3) weeks after the indicative delivery date, for any other reason than force majeure or the fact of the Customer, the sale can be cancelled at the written request of the Customer under the conditions provided for in article VI.43 of the Code of Economic Law.
Thus, in the event of failure by STABLEGEAR to deliver the goods at the time agreed with the Consumer Customer or within the time limits referred to in the previous paragraph, the Consumer Customer shall request STABLEGEAR to make the delivery within an additional time limit appropriate to the circumstances. If STABLEGEAR has not made the delivery within the said additional period, the Consumer Customer has the right to terminate the contract.
The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, to the exclusion of any other compensation or retention.
5.4. The Customer is required to check the condition of the delivered products. He has a period of eight (8) days from delivery to formulate by registered mail with acknowledgement of receipt, all reservations or claims for non-conformity or apparent defect of the products delivered, with all the related documents. After this period and if these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted.
Article 6 - Transfer of ownership and transfer of risks
6.1. The transfer of ownership of the Vendor's products to the Customer shall only take place after full payment of the price by the latter, regardless of the date of delivery of said products.
6.2. Whatever the date of transfer of ownership of the products, the transfer of the risks of loss and deterioration relating thereto shall be realized only at the time the Customer takes physical possession of the products. The products travel at the risk of the seller. As far as the Consumer Customer is concerned, this provision is in accordance with article VI.44 of the Economic Law Code.
Article 7 - Right of withdrawal for the Consumer Customer
7.1. In accordance with articles VI.47 to VI.53 of the Code of Economic Law, the Consumer Customer has a period of fourteen (14) days as from the reception of the product to exercise his right of withdrawal from the seller without having to justify his reasons or pay any penalty in order to exchange or refund the product, provided that the products are returned in their original packaging and in perfect condition within fourteen (14) days following the notification to STABLEGEAR of the Consumer Customer's decision of withdrawal.
7.2. Returns are to be made in their original condition (packaging, accessories, instructions, ...) allowing them to be remarketed in new condition, accompanied by the purchase invoice. Damaged, soiled, or incomplete products are not accepted.
The right of withdrawal can be exercised online using the return form available here.
In case of exercising the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased, and the delivery costs will be refunded. The return costs remain the responsibility of the Consumer Customer.
The exchange, subject to availability, or the refund will be made within a maximum period of fourteen days as from the reception by STABLEGEAR of the products returned by the Consumer Customer under the conditions envisaged in this article.
In the case of an exchange of size, colour or model due to an error on the part of the Consumer Customer, shipping costs will be invoiced at 10 €
7.3. By derogation to article 7.1 and in accordance with article VI.53 of the Code of Economic Law, the Consumer Customer does not have any right of withdrawal in the event of a request for personalization of his product (engraving of a text or order of a personalized helmet) insofar as this product is clearly personalized and made by STABLEGEAR according to the specifications of the Consumer Customer mentioned in the order form.
Article 8 - Liability of the seller - Guarantee
8.1. The products sold on the Internet site comply with the regulations in force in Belgium.
8.2. The products supplied by the salesman profit, automatically and without complementary payment, independently of the right of retractation, in accordance with the legal provisions:
The legal guarantee of conformity for apparently defective, damaged, or damaged products or products that do not correspond to the order,
The legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use, under the conditions and according to the methods defined in the appendix to these general conditions of sale (guarantee of conformity - guarantee of hidden defects).
To assert his rights, the Customer will have to inform STABLEGEAR, in writing, of the non-conformity of the products within a maximum period of seven (7) days from the delivery or of the existence of hidden defects within a maximum period of seven (7) days from their discovery.
STABLEGEAR will refund, replace, or repair the products or parts under warranty judged to be non-conforming or defective. Shipping costs will be reimbursed based on the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts. Refunds for products judged to be non-conforming or defective will be made as soon as possible and at the latest within fourteen (14) days following the observation by STABLEGEAR of the non-conformity or the hidden defect. The refund will be made by crediting the Customer's bank account.
8.3. STABLEGEAR cannot be held responsible in case of misuse, negligence, or lack of maintenance by the Customer, nor in case of normal wear and tear of the product, accident or force majeure.
8.4. STABLEGEAR's warranty is, in any case, limited to the replacement or refund of non-conforming products or products affected by a defect.
Article 9 - Confidentiality and processing of personal data
9.1. In application of the provisions relating to the protection of personal data in force in Belgium, including the General Data Protection Regulation, 2016/679 (hereafter RGPD), it is recalled that the personal data which is requested from the Customer is necessary for the processing of his order and the establishment of invoices.
This data can be communicated to possible partners of STABLEGEAR in charge of the execution of the processing, management, and payment of orders.
9.2. The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition regarding information concerning him.
This right can be exercised under the conditions and according to the modalities defined under the tab "Policy of protection of the private life and the personal data".
Article 10 - Consumer Customer Relations Center
10.1. For any question or difficulty relating to a purchase made on the Website, Mr. Jean Béliard can be contacted by telephone at + 32 (0) 475 / 864.944, by email: firstname.lastname@example.org, or by post at the following address STABLEGEAR BVBA, Leo Van Hullebuschstraat 199, 2900 Schoten.
10.2. In accordance with the provisions of Book XVI of the Code of Economic Law concerning "the extra-judicial settlement of consumer disputes", the Customer has the right to have recourse free of charge to the mediation service proposed by STABLEGEAR.
The consumer law mediator thus proposed is the following: Service de Médiation pour le Consommateur, North Gate II, Boulevard du Roi Albert II 8 boite 1, à 1000 Bruxelles, tél : +32 2 702 52 20, fax : +32 2 808 71 29, e-mail : email@example.com, site : http://www.mediationconsommateur.be.
In accordance with article XVI.16 of the Code of Economic Law, one of the prerequisites for the examination of the dispute by the Mediation Service is the following: the consumer must justify having previously attempted to resolve his dispute directly with the STABLEGEAR Customer Service, by a complaint made in accordance with the methods defined in article 10.1.
Article 11 - Pre-contractual information - Customer acceptance
11.1. The Consumer Customer recognizes to have had communication, before the placing of its order, in a legible and comprehensible way of the present general conditions of sale and of all the information and information referred to in the article VI.45 of the Code of economic law, and, without being exhaustive:
the main characteristics of the good or service, to the extent appropriate to the communication medium used and the good or service concerned
the identity of the company, including its company number, its trade name
the address where the company is located, as well as its telephone number, fax number and e-mail address
the total price of the goods or services including all taxes
the terms of payment, delivery and performance, the date by which the company commits to deliver the goods or perform the services and, if applicable, the company's claims handling procedures
the conditions, the deadline, and the modalities for exercising the right of withdrawal, the withdrawal form, the cost of returning the goods in case of withdrawal and if the goods, because of their nature, cannot normally be returned by mail, the cost of returning the products.
a reminder of the existence of a legal guarantee of conformity for the goods.
the possibility of having recourse to an extrajudicial procedure of complaint and repair to which the company is subjected and the modalities of access to it.