1.   Preambule

Plase carefully read these General Terms and Conditions of Sale of the website www.protec-equestrian.com. 

2.    Identification of the Seller: Scope and Acceptance of the General Terms and Conditions of Sale

These general terms and conditions of sale (hereinafter referred to as “Terms and Conditions”) govern the sales of products conducted via the website www.protec-equestrian.com, operated by the limited liability company STEMP, registered with the Crossroads Bank for Enterprises under the number 1000.840.735, with its registered office located at 54 Rue la Roue, 4357 Donceel, Belgium.

The purchase of products offered on the website www.protec-equestrian.com (hereinafter the “Website”) or by telephone is subject to these Terms and Conditions.

The Website enables the ordering online of the “Protec” product and its accessories from the Protec-Equestrian brand (hereinafter the “Product(s)”) from the company STEMP SRL.

The Products are exclusively intended to be sold to professional or private users acting as end consumers, whether individuals or legal entities, excluding any resellers or intermediaries acting on behalf of resellers. Therefore, the Buyer (or “Customer”) declares that they function as an end consumer and agrees not to resell, directly or indirectly, the Products for any commercial purpose. This commitment constitutes an essential condition of the sale for Protec-Equestrian. The Buyer certifies that they have the legal capacity to subscribe the commitments set out in these Terms and Conditions.

Protec-Equestrian may update the aforementioned Terms and Conditions at any time, with immediate effect for subsequent purchases. You may review the current version of the Terms and Conditions at any time by visiting the “General Terms and Conditions of Sale” section of the Website. The sales contract between you and Protec-Equestrian includes the terms of your order and the general terms and conditions applicable at the time of your purchase, which apply to the exclusion of any other terms and conditions, or any conditions implied by trade, customer or business practice.

Furthermore, with each purchase on the Website, you will be prompted to confirm your acceptance of the Terms and Conditions in effect at the date of your order. Said terms and conditions can be visualized both before and while providing consent. To indicate your acceptance, you must check the box “I accept the General Terms and Conditions of Sale (new window) and consent to the processing of my personal data in accordance with Protec-Equestrian’s Privacy Policy.” You can consult Protec-Equestrian’s Privacy Policy at any time by clicking on the “Personal Data” link. 

3.    Products

“Protec” and its accessories offered for sale consist of the products described on the website www.protec-equestrian.com. Protec is a protection device designed to minimize horse mouthpiece injuries. It was developed as a result of discussions with riders who found it difficult to connect with their horse’s mouth, despite up-to-date dental care.

Protec and its accessories wear out with repeated use and should be replaced every 12 to 18 months and every three weeks to a month respectively, depending on intensity of use. 

4.    Price 

The prices of the Products are indicated in euros, inclusive of all taxes (VAT included), excluding delivery charges. Prices outside the EU reflect any cost of customs clearance to the destination country. The seller reserves the right to modify its prices at any time, but the products will be invoiced based on the rates in effect at the time of order validation, barring the hypothesis of an increase in taxes, such as customs duties,, by a total of more than 3%, which would apply to the delivery concerned. All orders must be paid in euros and settled at the time of placing your order. 

5.    Payment

Payments for products are made by credit card or any other payment method available on the site at the time of the order. Transactions are secured by the payment service provider. 

6.    Order 

Validation of the order by the Buyer implies unreserved acceptance of the Terms and Conditions. Orders will only be processed once full payment of the price and delivery charges has been received. The seller reserves the right to cancel or refuse any order from a Buyer in the event of a dispute over payment of a previous order. 

7.    Delivery

Products are delivered to the address provided by the Buyer at the time of the order. Delivery times are indicative and do not constitute a firm commitment on the part of the seller. Seller will not be held liable for any late deliveries, and any such delay will not give rise to either damages or cancellation of the order by the Buyer.

8.    Right of Withdrawal

  • Starter Pack & Discover Pack

     The right of withdrawal provided for in Article VI.47 of the Belgian Code of Economic Law cannot be exercised by the Customer pursuant to Article VI.53, 5° of the same Code, for reasons of hygiene, with respect to the supply of a product intended to be placed in a horse’s mouth.

     Only Customers whose Protec is unused and remains unopened in its original packaging may exercise their statutory right of withdrawal under the conditions set out in Articles 47 to 51 of Book VI of the Belgian Code of Economic Law, provided that the requirements established by these provisions are met, without needing to provide any justification and without incurring penalties, as well as, where applicable, in accordance with the mandatory rules in force in the destination country specified in the order.

In such cases, the Customer has a period of 14 days following receipt of the Protec to exercise the right of withdrawal. To do so, the Customer must submit their withdrawal request to Protec-Equestrian Customer Service.

Upon receipt and verification, and only if it is confirmed that the Protec is unused, unopened, and its packaging remains sealed, a full refund of the purchase price will be issued by Protec-Equestrian.

The return costs, however, are the responsibility of the Customer and cannot be refunded.

  • Discover Pack

Protec-Equestrian offers the possibility of purchasing a “Discover Pack” designed to be tried on the horse, which remains subject to the statutory right of withdrawal. This right may be exercised by the Customer under the conditions set out in Articles 47 to 51 of Book VI of the Belgian Code of Economic Law, provided that the requirements established by these provisions are met, without needing to provide any justification and without incurring penalties, as well as, where applicable, in accordance with the mandatory rules in force in the destination country specified in the order.

In this case, you may submit your request to withdraw from the purchase of the Discover Pack by contacting Protec-Equestrian Customer Service and following the steps outlined below:

  • Returning the Discover Pack:

A return is permitted for the Discover Pack provided that:

a) The Discover Pack is in perfect condition; and

b) The return notification is sent to Protec-Equestrian within a maximum period of 14 days following receipt of the Starter Pack.

The return costs of the Discover Pack are the responsibility of the Customer and cannot be refunded.

Once the return has been notified, the Client has a period of five (5) business days to provide Protec-Equestrian with proof of shipment (tracking number) of the Discover Pack.
If no such proof is received within this time frame, the return request and refund eligibility will be deemed void.

Upon receipt and verification of the Discover Pack and its packaging, a refund capped at a maximum of 90% of the purchase price will be issued to the Customer.
Only one pair of patches included in the Discover Pack may have been used for the return to qualify for the aforementioned refund.
All items will be inspected and evaluated at the discretion of Protec-Equestrian, whose decision shall not be subject to challenge.

⚠️ This return policy applies EXCLUSIVELY to the Discover Pack.

9.    Warranty

The contract is governed by Belgian law.

The products sold on the website are covered by the legal warranty, and, solely for end consumers (natural persons), by the warranty of conformity provided under Articles 1641 to 1649 and 1649bis to 1649octies of the old Belgian Civil Code. 

– Legal Warranty of Conformity : 
Protec-Equestrian delivers to you a Product that conforms to the contract and which is exempt from any conformity defects at the time of delivery, to the extent that the Product is suitable for the purpose usually expected of a similar good and presents the characteristics described at the time of sale. Upon delivery, you are responsible for checking the Product to ensure that it conforms to the Product ordered. In the event of a conformity defect, you must notify Protec-Equestrian of the existence of such a defect as soon as possible and, in any case, within two (2) months from the day you became aware of said conformity defect. Any action related to a conformity defect is time-barred one (1) year from the date the defect was discovered. Unless proven otherwise, any conformity defect that becomes apparent within a limited period, due to the nature of the Product and its accessories, within twelve (12) months for the Product and three (3) months for the accessories from the date of delivery, is presumed to have existed at the time of delivery.

You may either choose to have the Product repaired or replaced, unless one of these alternatives appears disproportionate or impossible. If repair or replacement of the Product is impossible, you may request a refund of the purchase price and must return the Product.

The return shipping costs of products, in case of withdrawal or for any other reason, are the exclusive responsibility of the Customer. The Customer must return the products in their original condition, with all accessories and documents, within 14 (fourteen) days from receipt. In accordance with Article VI.67, §2, of the Belgian Code of Economic Law, any depreciation of the returned products or accessories resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of these goods may result in a reduction of the reimbursed amount.  

– Legal Warranty against Hidden Defects : 
Protec-Equestrian provides you a Product exempt of hidden defects which render it unsuitable for its intended use, or which reduce its use to such an extent that you would not have purchased it, or would only have paid a lower price for it, if you had been aware of such defects. This warranty only applies if you submit your claim within twelve months of delivery of the Products and three months of delivery of the accessories, and in any event within fifteen days of discovery of the defect. 

In the event of a hidden defect, you may choose to return the Product and have the price refunded or to keep the Product and have the price partially refunded. In all cases, it will be your responsibility to prove that you meet the warranty conditions.

–       – Claiming the Warranty : 
To notify the existence of a conformity defect or hidden defect and to request the implementation of one of the remedies mentioned above, please contact our Customer Service.

10.   After-Sales Service and Availability of Spare Parts

All Products that are technically repairable are supported by the after-sales service. For any repairs, please contact our Customer Service. Protec-Equestrian informs you that the availability of spare parts essential to the use of the Products is only guaranteed for 18 months. Protec-Equestrian will nevertheless make its best efforts to accommodate its Customers in the event of a request for spare parts beyond the period of 18 months.

11.   Limitation of Liability

The Seller’s liability is limited to the price of the products.

The Seller shall not be held liable in the event of Product non-compliance with the laws of the country where the product is delivered. It is the Customer’s responsibility to check with the local authorities about the possibility of importing or using the products they intend to order.

Under no circumstances shall Protec-Equestrian be held liable for any damage not resulting from a failure by Protec-Equestrian to fulfill one of its obligations. Notwithstanding the foregoing, nothing in these General Terms and Conditions of Sale may be construed as limiting or excluding Protec-Equestrian’s liability:

(i) in the event of fraud or deceit when the end consumer is a legal entity; or
(ii) in the case where the end consumer is a natural person.

In particular, Protec-Equestrian’s liability is excluded in the event of fault on the part of the Customer, such as improper use or use that does not comply with the instructions for use. 

Delivery times are indicative and do not engage the Seller’s liability.

12.   Liability in Case of Bodily Injury 

Protec-Equestrian shall not be held liable for any bodily injury or material damage resulting from improper use of the Products. The user agrees to comply with the instructions for use, maintenance, and safety provided by Protec-Equestrian. Any use of the Products in a manner that does not conform to the manufacturer’s recommendations, such as excessive, inappropriate, or negligent use, releases Protec-Equestrian from any liability in the event of bodily injury or material damage. The user is advised to ensure that the products are used for their intended purpose and are properly installed and maintained. If in doubt about the correct use of the product, it is the user’s responsibility to contact Protec-Equestrian for further instructions.

13.   Intellectual Property

All elements of the www.protec-equestrian.com site are and remain the exclusive intellectual property of the seller. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, any elements of the site, whether software, visuals or sounds.

The buyer acknowledges that he/she is prohibited from copying the Protec or its accessories, and undertakes to use only original accessories.

14.   Personal Data 

The information and personal data collected are necessary for processing orders and handling commercial relations. They may be communicated to companies contributing to these dealings, such as those responsible for the execution of services and orders, for their management, execution, processing and payment.

15.   Governing Law – Disputes

These General Terms and Conditions of Sale are governed by and interpreted in accordance with Belgian law. However, in accordance with Regulation (EC) No 593/2008 of June 17, 2008, these Terms and Conditions do not prevent Protec-Equestrian from complying with a more favorable provision for the customer, which cannot be waived by agreement, pursuant to the law where the customer has their habitual residence.

In the event of a dispute arising from the execution of an order, if you are an individual end consumer, you have the possibility of resorting free of charge to a conventional mediation procedure or any other alternative dispute resolution procedure. If you wish, you can use the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No. 524/2013. This platform can be accessed at the following address: https: //webgate.ec.europa.eu/odr/ Recourse to mediation is an alternative mechanism which does not constitute a prerequisite for taking legal action. These General Terms and Conditions of Sale are drawn up in French, English (American), and Dutch; in case of any discrepancy between translations, the French version shall prevail. 

In case of a dispute, in accordance with Regulation No 44/2001 of December 22, 2000:

(i)             If you are an end consumer who is a natural person, you may bring an action either before the court of the place where you are domiciled or before the Belgian courts, whereas Protec-Equestrian may only bring an action before the court of the place where you are domiciled;

if you are a legal entity, the courts of Brussels (Belgium) have exclusive jurisdiction. 

16.   Contact

For any questions or complaints, the Customer may contact the customer service department at the following address: protec.equest@gmail.com or by phone at +32471309031.