Terms of service
Article 1: Scope
1.1. These general terms and conditions apply to every order and/or agreement entered into by a visitor to the web shop accessible via the website https://totiequestrian.com (hereafter “Client”) and TOTI Equestrian BV (private limited company), with a registered office at 2590 Berlaar (Belgium), Bossen 16, company number 0789.278.310, RLE Antwerp, department Mechelen, hereafter (“TOTI”). The terms and conditions form an integral part of the agreement with the Client. Any aberration from these terms and conditions will need to be agreed to in writing.
1.2. The application of these terms and conditions is for TOTI an essential condition for the conclusion of the agreement.
1.3. In the event that one or more clauses of these terms and conditions should be deemed entirely or partially null and void, this will not entail the nullity of the remaining terms and conditions. Parties will replace the void clause by a valid clause that will correspond to the original intentions of the parties or as close to it as possible.
1.4. Placing an order with TOTI is only possible if the Client expressly agrees with the content and applicability of these general terms and conditions to the concluded order. To this end, prior to completing the order, the Client will have the possibility to go previously to these terms and conditions and will have to tick the checkbox next to the statement "I agree to the General Terms and Conditions" before ordering.
Article 2: Price
2.1. Unless explicitly agreed upon otherwise in writing, all prices given shall be expressed in EURO. The price of the product is mentioned on the website. The total price of the product refers to the product price, included VAT and other costs (e.g. transport and packaging costs), being understood that the VAT and costs will all be listed in the checkout process to ensure the Client has a clear overview of all costs and consequently the total price to be paid. This overview will be available before the procedure of payment.
2.2. TOTI reserves the right to modify prices of products indicated on the website. The price which appears at the time of validation of the order is the applicable price for the order.
2.3. Delivery costs are dependent on the country of delivery and will be borne by the Client. They will be calculated during the checkout process.
2.4. Other additional (custom) duties, taxes, costs and/or fees that may occur during shipment are not included in the delivery costs and will be borne by the Client.
Article 3: Payment
3.1. Unless explicitly agreed upon otherwise, the products shall only be delivered against advanced payment in full. Payments can be made electronically through use of following payment methods:
- Bancontact
- Credit Card (VISA – Maestro - Master Card – American Express)
- Paypal
- iDEAL | Wero
All transactions are processed by Shopify Payments and Paypal.
3.2. Express checkouts and payment can be facilitated through use of ShopPay, Paypal and Google Pay.
3.3. TOTI uses an SSL (Secure Socket Layer) protocol for the security of transactions. Client’s banking information is encrypted throughout the entire process of payment and will in no case be recorded on a public server. Despite all these efforts, TOTI cannot be held responsible for damages resulting from the use of electronic means of communication and payment which are not accountable to TOTI.
Article 4: Order
4.1. An order is deemed to be completed when the Client has clicked the hyperlink “Pay now” in the checkout process, is directed to the payment website and subsequently redirected to TOTI’s website where a message of confirmation of the order is shown.
4.2. The order is only to be considered as accepted, when an order acceptance mail has been sent by TOTI to the Client.
Article 5: Processing and delivery
5.1. After the Client has placed an order on a business day (Monday-Friday), TOTI initiates the processing of the order, which takes 3 business days, as far as the products are in stock. Processing time of an order can be extended during peak periods (e.g., sales, promotions, holidays), yet TOTI will inform the Client about this before placing the order. Orders placed on Saturdays, Sundays or holidays will be processed on the next Tuesday or Friday.
5.2. After processing has been finished, the products shall be shipped and delivered to the address provided by the Client. Related delivery and transport costs shall be charged to the Client. The delivery address cannot be altered once the order has been confirmed.
5.3. If the delivery address provided by the Client is inaccurate or in the event of impossibility to deliver for reasons that cannot be ascribed to TOTI, all charges and costs resulting from this will be borne by the Client.
5.4. Orders are delivered to the courier service chosen by the Client on Tuesdays and Fridays.
5.5. Standard delivery takes 3 to 7 business days from the moment the order has been shipped by TOTI. TOTI is not responsible or liable for any delay in the delivery process due to the execution by the courier service chosen by the client. Upon delivery, signature confirmation is required.
5.6. In case the Client orders multiple products in one order, it is possible that TOTI delivers those products in different stages because of reasons of logistics and/or stock availability. If this is the case, TOTI informs the Client prior to delivery. No additional shipping costs will be charged to the Client.
5.7. Orders shipping outside of the EU may be subject to customs duties and taxes, which must be paid directly by the recipient before or upon delivery. If TOTI receives an invoice for import duties from the courier service, which is the client's responsibility, TOTI will forward it to the client, and it is their responsibility to pay it. TOTI is never responsible for paying import duties for customer orders.
Article 6: Intellectual property
6.1. TOTI solely owns the intellectual property rights with regard to the website, its content and the products sold on it. At no time any of the intellectual property rights of TOTI are transferred to the Client.
6.2. It is prohibited for the Client as well as any other third party to copy or reproduce content on this website.
Article 7: Right of withdrawal
7.1. The Client has the right to use his right of withdrawal in accordance with the statutory provisions, by which the Client has the right to return the delivered products to TOTI without giving any reason.
7.2. The Client will not be able to invoke the right of withdrawal when products have been altered/personalized according to the Client's wishes.
7.3. Except in case of other applicable legal provisions of the Client, the Client must inform TOTI of his exercise of the right of withdrawal, within a time limit of 14 calendar days upon receival of the product, by completing the form made available on the website.
7.4. All products must be returned undamaged and in their original packing. The Client shall send back the products to the registered office of TOTI, without undue delay and in any event not later than 14 days from the day on which the Client communicates the withdrawal form to TOTI. The deadline is met if the Client sends back the products before the period of 14 days has expired.
7.5. TOTI will withhold reimbursement until she has received the products back. TOTI will reimburse the Client all payments received, excluding the costs of delivery at the moment she has received the products back.
7.6. The Client will have to bear the direct cost of returning the products. In the event that products are returned from a country outside the European Union, ‘direct costs’ include all costs and charges associated with the re-importation of the products, including but not limited to customs duties, import taxes, VAT, customs clearance costs and any similar charges levied by the competent authorities. Client will be presented with two options before returning the products:
Option 1:
In the event of a return from outside the EU, the Client shall, prior to the return of the products, pay a deposit corresponding to a reasonable estimate of the costs and charges referred to therein. The return of the products shall only be accepted once this deposit has been paid in full. Following the effective re-importation and customs clearance of the products, the deposit shall be set off against the actual costs incurred. Any remaining balance shall be reimbursed to the Client within five (5) business days. In the event that the actual costs incurred exceed the amount of the deposit, TOTI shall be entitled to recover the difference from the Client.
Option 2:
In the event of a return from outside the EU, TOTI shall deduct the costs incurred by TOTI in connection with the re-importation of the products from the amount to be refunded to the Client.
7.7. The Client shall only be liable for any diminished value of the products resulting from the handling of the products other than what is necessary to establish the nature, characteristics and functioning of the products.
Article 8: Guarantee
8.1. Regarding defects in the products, the Client can rely on the statutory rules on warranty for a period of 1 year starting from delivery.
8.2. Any complaints about visible defects of the products must reach TOTI by mail (info@totiequestrian.com) within a period of 2 months from the delivery of the product or the defect was discovered by the Client.
8.3. Return of the product(s) to TOTI will be at the Client’s risk and costs. The Client will have to bear the direct costs of returning the products. In the event that products are returned from a country outside the European Union, ‘direct costs’ include all costs and charges associated with the re-importation of the products, including but not limited to customs duties, import taxes, VAT, customs clearance costs and any similar charges levied by the competent authorities.
In the event of a return from outside the EU, the Client shall, prior to the return of the products, pay a deposit corresponding to a reasonable estimate of the costs and charges referred to therein. The return of the products shall only be accepted once this deposit has been paid in full. Following the effective re-importation and customs clearance of the products, the deposit shall be set off against the actual costs incurred. Any remaining balance shall be reimbursed to the Client within five (5) business days. In the event that the actual costs incurred exceed the amount of the deposit, TOTI shall be entitled to recover the difference from the Client.
8.4. TOTI will, depending on the defect and most efficient course of action, inform the Client whether the products will be repaired or replaced. Only in cases where neither repair nor replacement is possible, TOTI will refund the Client. Any refund to the Client will take into account the use the Client has had of the product since its delivery.
Article 9: Liability
9.1. TOTI is not liable for damage of any kind, except for its wilful misconduct or gross negligence or that of its agents, unless the parties expressly agree otherwise in writing.
9.2. The liability of TOTI does not in any circumstances extend beyond the provision of missing goods, in the case of incomplete delivery, or the replacement of goods, or parts thereof, in case of non-conformities or of hidden defects. TOTI may, however, opt to pay compensation rather than proceeding to supply or replace goods, in which case the amount of the compensation shall be limited to the amount of the order. However, if TOTI is insured for the relevant claim, in no case shall the compensation exceed the amount that will be paid out by TOTI's insurer in this regard.
Article 10: Force majeure
10.1. Cases of force majeure, sometimes also referred to as acts of God, regardless of whether they render execution of the order impossible temporarily or permanently, automatically suspend or cancel the obligations binding TOTI and release TOTI from all liability and/or any resultant loss, damage, etc. TOTI understands the term force majeure as applying to war and similar situations, impossibility to be supplied, decisions or actions by the government, strikes, lock-out, power grid failures, theft, flood, fire, exhaustion of stocks, delay or non-delivery of goods or materials from suppliers and any other cause, independent of the volition or control of TOTI, rendering production, delivery or transport impossible. This list is not limitative.
10.2. TOTI’s obligations will be suspended for the duration of the situation concerned. If the situation of force majeure lasts longer than 2 months, the Client has the right to cancel the order, without costs.
Article 11: Applicable law and competent jurisdiction
11.1. All legal relationships between TOTI and the Client are exclusively governed by and must be interpreted in accordance with Belgian law, it being understood that the Client-consumer may always invoke the mandatory rules of the country of his place of residence if they are more favourable to him.
11.2. For all disputes between the parties, the courts of the judicial district of the Client’s place of residence are competent.