Version: 15 September 2024

1. Applicability

These General Terms and Conditions apply to all legal relationships (agreements, offers, quotations) between Unique Equine Supplement SL (UES) and a natural or legal person (customer) for the supply of products or services.

• General terms and conditions of buyers will not be accepted by UES.

• Employees, third parties engaged by UES, and parent, sister or subsidiary companies affiliated to UES may also invoke these terms.

2. Conclusion of the agreement

• Offers by UES are non-binding unless otherwise stated in writing.

• Agreements are established by confirmation by e-mail, post or by actual delivery or performance of services.

3. Delivery and risk

• In case of delivery at UES' expense, the risk of the delivered products passes to the customer upon receipt.

• Delivery may be in parts.

• Stated delivery times are indicative and not final, unless expressly agreed otherwise.

4. Inspection, defects and returns

4.1 Inspection on receipt

• The buyer must check products carefully upon receipt.

• Visible defects must be reported in writing within 7 days.
  

• Non-visible defects must be reported in writing within 6 months, as soon as they can reasonably be discovered.
  

4.2 Returns B2B

• For business customers, returns are only possible in case of defects according to the conditions above.

4.3 Returns B2C (consumers)

Consumers within the EU have a 14-day right of withdrawal after receiving the products, in accordance with EU legislation.

Returned products must be unopened, undamaged, and in their original packaging. Opened supplements cannot be returned for hygiene reasons.

To start a return procedure, the consumer must contact us via info@uniqueequinesupplement.com.

The cost of return shipping is for the consumer, unless the product is defective or incorrectly delivered.

The refund will be processed within 14 days after receiving the returned product, using the original payment method.

Note: the products are shipped via a fulfilment company in the Netherlands, even if invoicing is done from Spain.

5. Invoicing / Payment

• Billing address: Unique Equine Supplement SL
  Calle Antonio Machado 16, 41240 Almadén de la Plata, Spain
  

• Delivery: Products are shipped via a fulfilment company in the Netherlands.
  

• VAT / B2B: For business customers, the invoice is issued including Spanish VAT or intra-community supply (0%), depending on the customer’s VAT number.
  

• VAT / B2C: For consumers within the EU, VAT is calculated according to the consumer’s country (OSS scheme if applicable).
  

• Payment: Invoices must be paid no later than the due date, without discount or suspension.
  

• Default: In case of late payment, the customer is automatically in default and owes :
  

  • Statutory commercial interest on the principal amount

  • Extrajudicial and judicial collection costs

6. Retention of title

• UES reserves ownership of delivered products until the invoice is paid in full.

• Delivery, alienation or pledging by the customer is prohibited as long as ownership has not been transferred, except in the normal course of business.

7. Suspension and dissolution

• In the event of non-performance, bankruptcy, suspension of payments, receivership, liquidation or shutdown, UES may rescind or suspend all or part of the agreement.

• Outstanding claims can be claimed immediately.

8. Force majeure

• UES shall not be liable for non-performance due to force majeure, including:

  • Supplier delays

  • Third-party equipment or software failures

  • Government measures

  • Electricity cuts, war, strikes, transport problems

  • Disease outbreaks or staff absences

9. Liability

• UES is not liable for damage caused by:

  • Products that have not undergone any processing or have been produced on customer's prescription

  • Government measures

  • Incorrect use or incomplete information from customer

• For B2B, liability is limited to direct damage and a maximum of the invoice value, with a ceiling of €45,000.

• For consumers, liability may not be limited for personal injury or damage caused intentionally or through gross negligence.
  

10. Rights of action

• For business customers, rights of action expire one year after arising, unless the claim has been brought before the competent court within that period.

11. Administration

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

12. Privacy

• UES and customer process personal data according to the AVG.

• UES acts in accordance with the privacy statement on the website.

• Consumer buyers can exercise their rights in accordance with AVG.

13. Applicable law

• B2B (business customers): Contracts with business customers are governed by Spanish law.
  

• B2C (consumers within the EU): For consumers, the statutory consumer rights of their country apply; their rights are not limited by these terms and conditions.
  

• The provisions of the Vienna Sales Convention are excluded.