1. These General Terms and Conditions apply to all legal relationships, such as agreements,offers or quotations, between Unique Equine Supplement SL., (hereinafter 'UES') on the one hand and a natural or legal person (hereinafter 'customer') on the other hand for the supply of goods or services. These conditions may also be invoked by employees of UES, by third parties engaged by UES or by parent, sister or subsidiary companies affiliated to UES. General terms and conditions of customers are not accepted by UES.

2. Offers by UES shall be non-binding, unless otherwise stated in writing. Agreements shall be concluded by confirmation by UES by e-mail or by post or by the start of actual delivery or execution by UES.

3. In the event of delivery at the expense of UES, the delivered goods shall be at the expense and risk of the purchaser from the time of unloading. Stated or agreed delivery times shall never be considered as deadlines, unless expressly agreed otherwise. UES shall be entitled to deliver in parts.

4. a). A purchaser shall examine the item thoroughly and competently upon delivery. b). Visible defects must be reported to UES in writing, stating reasons, within seven days of delivery or after the service has been provided. Non-visible defects must be reported to UES in writing, stating reasons, within seven days after the purchaser should have discovered them but no later than six months after delivery or after the provision of the service. c). If the defects are not reported in time and in writing, the rights of the purchaser in respect of the goods or services shall lapse. d). Deviations and differences of delivered goods that fall within a production or weight tolerance that is reasonable in accordance with commercial practice or that are typical of natural products according to common opinion shall not be considered defects. e). The return of delivered items which are not defective at the time of delivery is not permitted.

5. Payment to UES shall be made no later than before or on the due date stated on the invoice, without set-off, discount and/or suspension, by payment into the bank account number specified by UES. If the full amount is not paid by the due date, the Customer shall be in default by operation of law without further notice of default. From that moment, the purchaser shall owe statutory commercial interest on the principal sum and shall be obliged to reimburse all extrajudicial and judicial costs incurred for collection.

6. UES reserves the ownership of goods delivered by it. If an invoice of UES relating to goods delivered or services provided is not paid on time or UES has a claim on the other party for failure to perform an agreement or UES has good reason to fear that the purchaser will not perform, UES shall be authorised to reclaim the goods it has delivered as its property. The Client is prohibited from transferring, disposing of or encumbering the goods outside its actual control as long as ownership has not been transferred to the Client, except in the case of the normal conduct of its business. The Customer agrees in advance to the set-off of its claim(s) on UES against the claim(s) that a parent, sister or subsidiary company associated with UES has on the Customer. The Customer may not assign claims against UES on any account whatsoever to a third party. Such claims are expressly not transferable. This clause has property law effect within the meaning of Section 83(2) of Book 3 of the Civil Code.

7. If the Client fails to fulfil any of its obligations under the Agreement or fails to do so properly or in time, and in case of (an application for) bankruptcy, suspension of payments, placement in receivership, closing down or winding up of the Client's business, UES shall have the right, without any obligation to pay damages and without prejudice to its other rights, to terminate the Agreement in whole or in part, or to suspend the further execution of the Agreement. In such cases, UES shall be entitled to demand immediate payment of the outstanding claim.

8. If, due to circumstances beyond its will and/or fault, UES is unable to perform an agreement, or is unable to perform it on time or properly, this regarded as force majeure for UES. In such a case, UES shall not be liable for the damage caused by the failure to comply, to comply on time or to comply proper performance of the agreement. Force majeure shall in any case mean (i) failure of timely delivery of suppliers of UES, (ii) defectiveness of goods, equipment, software or materials of third parties used by UES, (iii) government measures, (iv) electricity failure, (v) war, (vi) occupation, (vii) labour strike, (viii) general transport problems, (ix) outbreak of an (animal) disease, (x) the unavailability of one or more UES staff members for whatever reason.

9. Should damage occur in connection with the performance of an agreement concluded with UES, the following shall apply:
a). UES shall not be liable if the damage is the result of (1) a delivered good that has not undergone any processing or has been produced on the purchaser's prescription (2) a mandatory government act, (3) services and/or advice not charged for, (4) incorrect and/or incomplete data supplied by the purchaser and/or (5) the use of goods or services contrary to the regulations and/or advice given by UES. b). If the damage is caused by a defective good as delivered by UES or by a defective service or advice charged by UES, the liability of UES shall be limited to the direct damage and at most to the invoice value of the good or service or advice concerned, however, with a maximum of € 45,000. c). Direct damage is understood to mean damage which is the immediate and exclusive result of the use of the delivered good in accordance with its nature and purpose, and therefore does not include lost profit, lost savings, damage due to business stagnation and other consequential damage.

10. All customers' rights of action against UES shall expire one year after the right of action arose, unless the claim(s) have been brought before the competent court within that period.

11. The records of UES shall serve as full evidence, subject to proof to the contrary by the Customer.

12. UES and the Client shall process personal data obtained in a proper and careful manner in accordance with the legal requirements of the General Data Protection Regulation. UES shall act in accordance with the privacy statement which can be consulted on the website. The Client shall indemnify UES against any administrative sanctions imposed on UES in the context of the processing carried out by UES in the execution of the agreement.

13. All agreements with UES shall be governed by Dutch law. Reliance on the provisions of the Vienna Sales Convention is excluded.

These provisions will apply from 15 September 2024.