Terms And Conditions 

Article 1 – Identity of the Company

RC Carroseriebouw V.O.F., established at Beatrixweg 53, 8181 LD Heerde, The Netherlands, trading under the name Equi Aqua (hereinafter: “Equi Aqua”).

Email: info@equi-aqua.com
Website: www.equi-aqua.com

Equi Aqua sells products to both business customers (B2B) and private consumers (B2C), nationally and internationally.

 

Article 2 – Applicability

  1. These Terms and Conditions apply to all offers, quotations, agreements and deliveries made by Equi Aqua.
  2. These Terms apply to both business customers and consumers unless expressly agreed otherwise in writing.
  3. Deviations from these Terms are only valid if confirmed in writing.
  4. If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

Article 3 – Offers and Conclusion of Agreement

  1. All offers and product information are non-binding unless explicitly stated otherwise.
  2. An agreement is concluded once an order has been confirmed in writing or electronically by Equi Aqua.
  3. Equi Aqua reserves the right to refuse orders.
  4. Obvious errors or mistakes in offers or pricing shall not bind Equi Aqua.

 

Article 4 – Prices, VAT and International Sales

  1. Prices may vary per country, region or market.
  2. The applicable price is the price confirmed at the time of order.
  3. Unless stated otherwise, prices are exclusive of VAT and shipping costs.
  4. For business customers within the European Union providing a valid and verifiable EU VAT number, VAT may be reverse charged in accordance with applicable EU VAT regulations.
  5. For deliveries outside the EU, Dutch VAT will not be charged. Any import duties, customs fees or local taxes are the sole responsibility of the customer.
  6. Shipping costs are stated separately.
  7. Price changes shall not affect confirmed orders.

 

Article 5 – Payment and Invoicing

  1. Payment must be made via the agreed payment methods.
  2. Payment must be made within 7 days from the invoice date.
  3. Shipment shall take place only after full payment has been received, unless otherwise agreed in writing.
  4. The customer is responsible for providing accurate billing information.
  5. In case of late payment, Equi Aqua may suspend delivery or terminate the agreement.
  6. Statutory interest and collection costs may be charged in accordance with Dutch law.

 

Article 6 – Delivery and Shipping

  1. Delivery shall take place at the address provided by the customer.
  2. The customer is responsible for providing correct shipping details.
  3. Delivery times are indicative only.
  4. For consumers, risk transfers upon delivery to the provided address.
  5. For business customers, risk transfers upon handover to the carrier.
  6. Visible transport damage must be reported immediately upon receipt and in writing to Equi Aqua within 24 hours of delivery.
  7. Any import duties or customs charges are the responsibility of the customer.
  8. Equi Aqua is not liable for delays caused by carriers or customs authorities.

 

Article 7 – Right of Withdrawal (Consumers)

  1. This Article applies exclusively to consumers within the European Union.
  2. The consumer has the right to withdraw from the agreement within 14 days after receipt of the product, without giving any reason.
  3. Withdrawal must be communicated in writing.
  4. The product must be returned within 14 days after notification of withdrawal.
  5. The product must be returned unused and undamaged.
  6. Return shipping costs are borne by the consumer.
  7. Any depreciation resulting from use beyond what is necessary to establish the nature and functioning of the product may be deducted.
  8. Refunds will be made within 14 days after receipt of the returned product.

 

Article 8 – Warranty and Maintenance

  1. Products must conform to reasonable expectations under normal use.
  2. Consumers are entitled to statutory warranty rights.
  3. Complaints must be submitted in writing.
  4. Equi Aqua may request substantiation of the alleged defect, including photos or return of the product for inspection.
  5. If a valid defect is established, Equi Aqua will, at its discretion, repair, replace or provide an appropriate solution.
  6. The customer is responsible for proper installation, cleaning and maintenance in accordance with provided instructions.
  7. Warranty does not apply in cases of improper use, insufficient maintenance, use of contaminated water, blockages, limescale, corrosion, frost damage or product modifications.
  8. For business customers, warranty may be limited to repair or replacement only.

 

Article 9 – Liability

  1. Equi Aqua shall only be liable for direct damages resulting from a demonstrable breach of contract.
  2. Liability is limited to the invoice amount of the product concerned.
  3. Equi Aqua shall not be liable for indirect or consequential damages, including loss of profit or business interruption.
  4. No liability applies in cases of improper use, incorrect installation, insufficient maintenance or external circumstances.
  5. Use of the product in relation to horses or other animals is entirely at the customer’s own responsibility.
  6. Equi Aqua shall not be liable for damage to animals, veterinary costs or related expenses, unless caused by wilful misconduct or gross negligence.
  7. Liability is excluded if the product has been modified or altered without written consent.
  8. Mandatory consumer protection laws remain unaffected.

 

Article 10 – Force Majeure

  1. Equi Aqua shall not be liable for failure to perform obligations due to force majeure.
  2. Force majeure includes, but is not limited to, transport disruptions, customs delays, pandemics, strikes, material shortages or government measures.
  3. Obligations may be suspended during force majeure.
  4. If force majeure continues for more than 60 days, either party may terminate the agreement without liability.

 

Article 11 – Intellectual Property

  1. All intellectual property rights relating to products, designs, texts, images and trade names remain the exclusive property of Equi Aqua.
  2. No materials may be copied or commercially used without prior written consent.
  3. The product may not be reproduced or commercially replicated.

 

Article 12 – Complaints Procedure

  1. Complaints must be submitted in writing within 14 days after discovery of the issue via info@equi-aqua.com.
  2. Complaints will be answered within 14 days.
  3. If additional time is required, the customer will be informed accordingly.
  4. Filing a complaint does not suspend payment obligations.
  5. EU consumers may use the European ODR platform where applicable.

 

Article 13 – Governing Law and Jurisdiction

  1. All agreements are governed exclusively by Dutch law.
  2. Disputes shall be submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.
  3. Consumers may also bring disputes before the competent court in their country of residence where required by law.