Terms and conditions

Article 1. General

1. These conditions apply to every offer, quotation/order, and agreement between Masara, hereinafter referred to as “the contractor,” and a “the client” to which the contractor has declared these conditions applicable, insofar as these conditions have not been expressly deviated from in writing by the parties.

2. The term “client” includes both a “consumer,” being a natural person not acting in the course of a profession or business, as well as a “Non-consumer.” The “consumer” will be bound by these General Terms and Conditions as soon as he expressly indicates during the order that he has accepted these conditions, inherent to the delivery of services and goods by the contractor.

3. These conditions also apply to agreements with the contractor for the execution of which third parties need to be involved.

4. The applicability of any purchasing or other conditions of the client is expressly rejected unless otherwise agreed.

5. If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the remaining provisions in these general terms and conditions will remain fully applicable. The contractor and the client will then consult to agree on new provisions to replace the null and void or annulled provisions, taking into account as much as possible the purpose and scope of the original provisions.

6. If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.

7. If the contractor does not always demand strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the contractor would in any way lose the right to require strict compliance with the provisions of these conditions in other cases.

8. The contractor reserves the right to terminate cooperation with a client without stating reasons if the client in any way fails to comply with the conditions for purchase and/or sale set by the contractor and accepted by the client.

Article 2. Offers and Quotations

1. All offers, price quotes, and proposals, in any form, from the contractor are without obligation and valid for 30 days unless otherwise stated. An offer, price quote, or proposal expires if the product to which the offer or proposal relates is no longer available in the meantime, or has a different price, or if the client has not responded in writing within 30 days.

2. An offer, price quote, or proposal is based on the data, designs, drawings provided by the client, and the data derived from them. The client provides the contractor with all information and documents necessary for the proper execution of the order in a timely manner.

3. Material mistakes are corrected and do not give the right to cancel.

4. The prices stated in an offer or proposal are exclusive of VAT and other government levies, as well as any costs to be incurred in the context of the agreement, including administration and shipping costs, and any travel and accommodation costs, unless otherwise stated. In the case of delivery to a “consumer,” delivery will generally be inclusive of VAT unless otherwise stated.

5. If the acceptance deviates (whether or not on subordinate points) from the offer or proposal included in the offer, the contractor is not bound by it. The agreement is not concluded in accordance with this deviating acceptance unless the contractor indicates otherwise or parties come to an agreement.

6. Offers or quotations do not automatically apply to future orders.

7. The contractor reserves the right to request full payment in advance before the goods are delivered. If the client is a consumer, the contractor reserves the right to require a prepayment of at least 50% upon ordering and reserves the right to request cash payment for the full or remaining amount before delivery of the product or service.

Article 3. Deliveries

1. An agreement is understood to mean the order, after offer and acceptance, of a specific product or service. After the completion of the ordered service or delivery of the product, the agreement is considered terminated. A new agreement is entered into between the contractor and the client each time the client places a new order unless the client terminates the cooperation with the contractor immediately.

2. If a deadline has been agreed or indicated for the completion of certain work or the delivery of certain goods, this is never a fatal deadline. In the event of exceeding a deadline, the client must therefore notify the contractor in writing of default. The contractor must be given a reasonable period to still fulfill the agreement, taking into account the periods that third parties may reasonably need.

3. If the contractor requires data from the client for the execution of the agreement, the execution period does not start until after the client has provided this information to the contractor correctly and completely.

4. Delivery takes place at the location of the contractor unless otherwise specified. The client is obliged to take delivery of the goods when they are made available to him. If the client refuses acceptance or is negligent in collecting or providing information or instructions necessary for delivery, the contractor is entitled to store the goods at the expense and risk of the client.

5.The contractor has the right to have certain activities carried out by third parties.

6. If the ordered goods are saddles, they may only be sold by independent, certified saddle fitters who are also certified saddle makers and fitters. The entire saddle fitting protocol must be followed. If a client in any way fails to comply with these conditions accepted by him at the conclusion of the agreement, the collaboration and delivery can be terminated immediately.

7. All products delivered by the contractor have a fixed selling price. The client must adhere to this price. Failure to do so may result in the cessation of delivery.

Article 4. Repair and/or Custom Work

1. The contractor provides a 3-month warranty on repairs and custom work.

2. Other work not covered by warranty provisions is carried out at the expense and risk of the client.

3. If, within 6 months of the completion of the repaired items, the client fails to pick them up without a valid reason and after a reminder, and this is done against payment of the repair and any additional costs, the repaired item becomes the property of the contractor, and the client relinquishes ownership.

Article 5. Inspection and Cooling-off Period

1. For the client, exclusively in the capacity of a consumer, the offer will also include an inspection and cooling-off period of seven (7) days, starting from the day of receipt by or on behalf of the consumer.

2. During the inspection and cooling-off period, the consumer has a right of withdrawal, allowing them to return the received goods or indicate that the offered services will not be used, without any obligation on their part, except for the reimbursement of the direct return costs and the costs for any provided service (such as a saddle fitting consultation). The contractor reserves the right to deduct the aforementioned costs from the already paid amount, or if not yet paid, to request payment from the consumer.

3. The right to the inspection and cooling-off period is explicitly excluded for consumables, sealed products, products that have already been used, or goods that have been custom-made according to the consumer’s specifications or have a clearly personal character that makes resale impossible.

4. The consumer can invoke the right of withdrawal during the inspection and cooling-off period only in writing, in a manner that the contractor becomes aware of.

5. The return of goods can only be done after prior consultation with the contractor and in compliance with the return conditions provided by the contractor upon request.

Article 6. Suspension, Termination, and Interim Termination of the Agreement

The contractor has the right to suspend the fulfillment of obligations or terminate the agreement if:

1. The client does not, not fully, or not timely fulfill the obligations under the agreement.

2. The client was requested to provide security for the fulfillment of obligations under the agreement at the conclusion of the agreement, and this security is not provided or is insufficient.

3. Due to the delay on the part of the client, it is no longer reasonable to expect the contractor to fulfill the agreement under the originally agreed conditions.

4. Circumstances arise that are of such a nature that the fulfillment of the agreement is impossible or circumstances arise that are of such a nature that the contractor cannot reasonably be expected to maintain the agreement without modification.

5. In the event of termination of the agreement, the already due claims of the contractor against the client become immediately due. If the contractor suspends the fulfillment of obligations, he retains his rights under the law and the agreement.

6. If the contractor proceeds with suspension or termination, he is in no way obliged to compensate damages and costs on the part of the client.

7. If the termination is attributable to the client, the contractor is entitled to compensation for all damages caused, including costs and all other damages of direct or indirect nature, including any costs incurred by third parties that had to be engaged.

8. In case of liquidation, a WCO application, bankruptcy, or seizure, the contractor is free to terminate the agreement with immediate effect, without any obligation on his part to pay any damages or compensation. The claims of the contractor against the client are immediately due in that case and immediately claimable in the event of bankruptcy.

9. If the client cancels a placed order in whole or in part, the goods ordered or prepared for it and the services provided, plus all proven costs and losses, will be invoiced in full to the client.

Article 7. Force Majeure and External Causes

1. The contractor is not obliged to fulfill any obligation towards the client if he is hindered from doing so due to a circumstance not attributable to his direct actions.

2. Force majeure and external causes, as understood in these general terms and conditions, in addition to what is understood in the law and jurisprudence, include all external causes, foreseen or unforeseen, on which the contractor, with reasonable care, cannot exert influence but which prevent the contractor from fulfilling his obligations. Strikes in the contractor’s business or in the businesses of third parties fall under this definition.

3. The contractor can suspend the obligations under the agreement during the period of force majeure or external causes. If this period lasts longer than two months, each party is entitled to terminate the agreement without obligation to compensate the other party for the unfulfilled part.

4. Insofar as the contractor has partially fulfilled his obligations under the agreement at the onset of force majeure or external causes or will be able to fulfill them, and this fulfilled or fulfillable part has independent value, the contractor is entitled to invoice the already fulfilled or fulfillable part. The client is obligated to pay this invoice as the execution of a partially executable agreement.

Article 8. Payment and Collection Costs

1. Payment must be made within 7 days after the claim becomes due, to an account specified by the contractor. The currency date on the contractor’s statement is considered the payment date. Delivery of goods and services generally takes place after receipt of payment. If the client is a consumer, payment is only made in cash upon delivery or by prepayment via bank transfer, with the payment completed on the day of delivery.

In case of late payment, the client is automatically liable for a conventional interest of 1% per month, unless the legal interest is higher, in which case the legal interest is due. The interest on the due amount will be calculated from the moment the client is in default until the moment of full payment of the amount owed.

3. If the client does not pay within the specified period, the contractor reserves the right to claim a fixed compensation of 10% of the principal amount.

4. The contractor has the right to allocate the partial payments made by the client, firstly deducting the costs, then deducting the accrued interest, and finally deducting the principal amount.

5. Objections to the amount of an invoice do not suspend the payment obligation.

Article 9. Retention of Title

1. All items delivered or to be delivered by the contractor as part of the agreement remain the property of the contractor until the client has duly fulfilled all obligations arising from the agreement(s) concluded with the contractor.

2. The items delivered by the contractor, falling under the retention of title according to paragraph 1, may not be resold and may never be used as a means of payment. The client is not entitled to pledge or encumber in any other way the items falling under retention of title.

3. IIf third parties seize the items delivered under retention of title or wish to establish or enforce rights on them, the client is obliged to immediately inform the contractor of this.

4. The client undertakes to insure the items delivered under retention of title and keep them insured against fire, explosion, and water damage, as well as theft, and to show the policy of this insurance to the contractor upon first request. In the event of a potential insurance payout, the contractor is prioritized as the seller-owner.

Article 10. Warranty

1. The items to be delivered by the contractor meet the usual requirements and standards that can be reasonably set for them at the time of delivery and for which they are intended for normal use.

2. The goods delivered by the contractor consist of items also produced by third parties; the warranty is limited to that provided by the producer of the item. Unless otherwise specified, a 1-year warranty applies to saddles for the entire manufactured saddle and the leather (provided it is maintained according to advice and agreed checks), and a 3-year warranty applies to the saddle tree.

3. Any form of warranty expires if a defect arises as a result of or resulting from a lack of maintenance or improper or unauthorized use of the object of the order, incorrect storage or maintenance thereof by the client and/or by third parties, when, without written permission from the contractor, the client or third parties have made or attempted to make changes to the item, attached other items to it that should not be attached, or if it has been used or processed in a manner other than prescribed. The client is also not entitled to a warranty claim if the defect arises from or is the result of circumstances beyond the control of the contractor, including weather conditions (such as, but not limited to, extreme rainfall or extreme temperatures).

4. The client is obliged to examine the delivered goods immediately at the moment the items are made available to him, or the relevant work has been carried out. This includes examining whether the quality and/or quantity of the delivered goods correspond to what has been agreed and meet the requirements agreed upon by the parties. Any visible defects must be reported to the contractor in writing within seven (7) days after delivery. Any non-visible defects must be reported to the contractor immediately, but in any case no later than fourteen days after their discovery, in writing. The notification must contain the most detailed possible description of the defect, so that the contractor can respond adequately. The client must allow the contractor to (have) examine the notification.

5. If the client complains in a timely manner, this does not suspend his payment obligation. In this case, the client also remains obliged to accept and pay for the ordered goods.

6. Late notification no longer entitles the client to repair, replacement, or compensation. Likewise, the client loses all warranty rights if he chooses to express his dissatisfaction to third parties or via Social Media instead of reporting his alleged complaints directly to the contractor. In that case, the contractor reserves the right to file a complaint for defamation and slander.

7. If it is legally or judicially established that an item is defective and a timely complaint has been made, the contractor will replace the defective item within a reasonable period after its return or, if return is not reasonably possible, provide written notice of the defect by the client’s choice, or provide replacement compensation to the client. In case of replacement, the client is obliged to return the item to be replaced to the contractor unless the contractor indicates otherwise.

8. If it is legally or judicially established that a complaint is unfounded, the costs incurred thereby, including investigation costs, on the part of the contractor, are fully borne by the client.

9. In any case, in the event of late notification, all costs for repair or replacement, including administration, shipping, and travel costs, will be charged to the client.

10. The contractor can never be held liable for accidents caused to or by animals (in this case, horses) or by those responsible for the animals during the contractor’s activities or after delivery.

11. Any liability, whether or not under warranty, can never lead to a damage claim that is higher than that covered by the contractor’s insurer.

Article 11. Transfer of Risk

Article 12. Applicable Law and Disputes

All legal relationships in which the contractor is a party are exclusively governed by Belgian law, even if the performance of an obligation is wholly or partially carried out abroad or if a party involved in the legal relationship has a place of residence there. The applicability of the Vienna Sales Convention is excluded.

2. All disputes arising out of or in connection with the agreement to which these conditions apply or the conditions themselves and their implementation will be settled by the competent Belgian court in the district of the contractor’s place of residence unless otherwise agreed.

3. Parties will only appeal to the Court after they have made every effort to settle a dispute through mutual consultation, preferably as a last resort in the form of a conciliation attempt at the Justice of the Peace where the agreement was concluded.

Article 13. Shipping and Returns

Shipping

The shipment of orders only takes place after confirmation of payment by the seller’s bank. The delivery time can vary between 2 to 5 working days. The products are delivered to the address indicated by the customer. If the delivery address provided by the customer is not valid and thus implies a return of the package due to lack of receipt at the specified address, the return costs and the costs for resending the package to a newly specified address are borne by the customer.
Delivery times are indicative. In case of late delivery, no compensation can be claimed from the seller or the carrier. If the delivery times exceed thirty days from the date of the order, the sales agreement can be terminated, and the customer can be refunded.

Returns

In case of a delivery error or non-conformity of the products with the information on the order form, the customer will inform the seller of this within three working days after the delivery date. Any complaint not submitted within the specified period cannot be considered and releases the seller from any liability towards the Customer.

In the event that one or more of the ordered products are missing or damaged, the Customer or the recipient must formulate the necessary remarks to the carrier at the time of delivery and immediately inform the seller.

All returned goods must be in new, unused, and clean condition, along with a copy of the original delivery note. The return may be refused if the products do not meet the above conditions. The purchased products must be returned to the return address within 14 days with original labels.

Shipping and return costs are always at the customer’s expense.

Please note that the following products are excluded and cannot be returned:

• Personalized products: products that are customized in size and/or color for the customer and require registration.
• Products specially ordered for the customer and not part of the standard assortment.
• Discounted items.

Right of Withdrawal

This article applies only if the customer is a consumer. If so, the customer can exercise their legal right of withdrawal and terminate the agreement within 14 working days after the delivery (receipt) of the goods.
In the case of the right of withdrawal, the return or exchange of the product can only be accepted if the products are still entirely, intact, and in their original condition, particularly with complete, intact packaging and in a resalable condition.
The seller will refund all amounts paid by the customer, including delivery costs, within 14 days after the return of the goods or the shipment of the proof of shipment of the goods. Any withdrawal that is not carried out in accordance with the rules and deadlines of this article and the applicable legislation cannot be considered and releases the seller from any liability towards the Customer.

The return address is:

Masara

Aarschotsebaan 15

3190 Boortmeerbeek