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Terms & Conditions

Last updated: February 2020

  1. DEFINITIONS  

i. ‘General Terms and Conditions’: The entirety of these Terms of Use, the Privacy Policy, Cookie Policy and Disclaimer on the Website.  

 

ii. ‘Consumer’: a consumer within the meaning of article I.1,2° WER, being a natural person who is acting for purposes which are outside his trade, business, craft or profession.  

 

iii. ‘Terms of Use: These underlying Terms of Use that apply to the relationship between you and us when purchasing products.  

 

iv. ‘Agreement’: Every agreement whereby we undertake to provide the Products to you, under the condition that the General Terms and Conditions have been complied with; 

 

v. ‘Party, parties’: You and/or we; 

 

vi. ‘Product’: the frozen unsexed horse embryos offered for sale on our Website; 

 

vii. ‘Professional customer: any natural or legal person who enters into an agreement with us and who acts for purposes that fall within his business or professional activity;  

 

viii. ‘You and Your’: any natural or legal person who is or will be in a contractual relationship of any kind with us, including, but not limited to: Consumers and Professional Customers 

 

ix. ‘Website’:  www.maresofmacha.com;  

 

x. ‘We/ Us’: the enterprise as mentioned in article 2 (‘Our identification’) of these General Terms and Conditions. 

 

  1. OUR IDENTIFICATION 

Who are we: 

Mares of Macha BV 

Veurnestraat 35 

8640 Vleteren (Oostvleteren) 

KBO 0721.630.312 

 

Contact: 

Availability: Monday to Friday 

Phone number: +32485 56 85 73 

Email adress: info@maresofmacha.com 

 

  1. APPLICATION

    1. These Terms of Use apply to all the purchases of our Products. When placing an order, you must explicitly accept these Terms of Use and agree to their application. These Terms of Use apply to the exclusion of any other terms and conditions. Unless they have been expressly accepted by us in writing, your general or special terms and conditions, if any, are expressly excluded. These Terms and Conditions of Use do not affect the legal rights that are compulsorily granted to you under Belgian consumer protection legislation.

    2. We reserve the right to change these Terms of Use from time to time. However, the version of these Terms of Use that was applicable at the time the order was placed, will continue to apply between you and us for the purposes of the Agreement.  

  2. OFFER AND ACCEPTANCE 
    1. We make all reasonable efforts to make the information about the characteristics of the Products and illustrations of the Products as accurate as possible, as far as the technical equipment permits it. Certain non-substantial characteristics of a Product may differ on delivery from the illustrations and the descriptions displayed on the Website. However, this cannot be a ground for invoking the non-conformity of the delivery.  

    2. We cannot guarantee that all Products will always be available. Our offer will only be valid subject to availability. If you order a Product that is out of stock, we will inform you as soon as possible by e-mail and you have the right to cancel your order. We are not liable for the temporary or non-temporary unavailability of a Product on our Website and/or for any damage that would result from the unavailability of a certain Product. In view of the nature of our Product, we may unilaterally change or withdraw our offer at any time. We also have the possibility to apply specific conditions to a particular offer, such as a limited period of validity. Such specific conditions shall only apply if they are explicitly communicated prior to the order. When you have specific questions about for instance availability, delivery period or delivery method, you can always contact our customer service in advance.  

    3. Our Products are only available for delivery in Belgium, France, the Netherlands, Luxembourg, Germany, Denmark, Austria, the United Kingdom, Spain, Portugal, Italy, Hungary and Poland.  

    4. We are not bound by an offer if this offer is clearly affected by a mistake or an error. Manifest or obvious errors in the quotation, such as obvious inaccuracies can, to the extent permitted, also be corrected after the conclusion of the contract. We cannot be held liable for any (printing) errors in our prices or conditions.  

    5. Your acceptance of our offer is done by placing the order on our Website or – outside it – by your acceptance of our offer. This purchase is binding. After ordering, you will receive a confirmation of your order at the e-mail address you provided. Only when we send you a confirmation of your order at the e-mail address you have provided, the Agreement will come into effect. 

    6. It is your responsibility to ensure that the information you provide to us is correct. If it does contain errors, we ask you to inform us as soon as possible or, if possible, to correct the errors yourself.  

    7. We reserve the right to refuse an order due to a serious deficiency by you. 

    8. In accordance with the Belgium Economic Law Code, the Parties explicitly acknowledge that electronic forms of communication establish a valid Agreement. We may use any electronic file at our disposal, within the limits of the law, to prove the existence of the Agreement. An ordinary, digitally or electronically qualified signature is not an essential requirement of proof.  

  3. OUR PRICES 

    1. The prices of our Products are mentioned on the Website and will be pinned down at the time of ordering. The indication of the price relates exclusively to the Products as they are worded. Any accompanying photos are decorative and may contain elements that are not included in the price. All prices mentioned on the Website are expressed in EURO and do not include VAT and any other taxes or duties to be borne by you. VAT, other taxes and any other charges are listed separately in the shopping basket overview.  

    2. We have the right to modify the prices at any time, but we undertake to use the rates indicated on the Website at the time of your order. If the price change is the result of change in VAT rates, this will be charged to you.  

  4. PAYMENT 

    1. You must pay the order to the account number BE37 7310 4676 9028 within 14 days after placing the order. In the absence of payment within this period, you will be deemed to renounce your purchase and your order will be automatically cancelled.  

    2. We postpone our delivery obligations until receipt of full payment of all the amounts owed by you. We always retain the ownership of all ordered Products until full payment of all amounts due under the Agreement, regardless of whether delivery has already taken place.  

    3. Upon receipt of the amounts owed by you within the prescribed period, we will process your order. We will then send you an invoice and the certificate of the embryo production to the e-mail address you have provided.  

  5. DELIVERY 

    1. We process every order as soon as possible. We will make all reasonable efforts to deliver your order within thirty (30) calendar days after payment, unless otherwise agreed between the Parties or explicitly stated otherwise. We are responsible for the costs of the delivery, unless it cannot go ahead as planned, due to your fault or the fault of a third party appointed by you.  

    2. It is your responsibility to make the delivery to the agreed place possible in your presence. At the delivery, there will always be signed for receipt. There is a delivery as soon as the ordered Products have been offered to you once. If a delivery offered is unsuccessful due to a shortcoming on your part or due to a shortcoming of a third party appointed by you, any costs of new delivery attempts will be entirely at your expense.  

    3. Deliveries can only be made to a qualified veterinarian or an accredited implantation center. The Products are delivered in a suitable container, which is owned by us or one of our partners. If a container cannot be emptied at the time of the delivery, it must be returned to us within seven (7) days of delivery. In such case, the cost of returning the container, will be at your expense. 

    4. We rely on reliable external parties for the delivery, in particular HippoXpress or another specialized supplier designated by us. The use of external parties may affect the delivery. In the event of an undelivered dispatched order, an investigation will immediately be carried out at the transporter. This will take several days and in that time, no refund or other shipment can be made.  

    5. If we – due to circumstances beyond your control – are unable to deliver the Products at the agreed time or within 30 calendar days, you shall request the delivery within an additional period which is appropriate to the circumstances. If we fail to deliver within the additional period, you will be entitled to terminate this Agreement. In such case of termination, we will refund all amounts paid as soon as possible and the latest within fourteen (14) calendar days after termination of the Agreement. Exceeding the delivery period does not give rise to any other compensation. 

    6. Until full payment has been received, the Products remain our exclusive property. However, the risk of loss or damage shall pass to you as soon as you (or a third party appointed by you) take physical possession of the Products. However, the risk shall pass to you upon delivery of the Products to the transporter, if the transporter has been instructed by you to carry the goods and we have not suggested that transporter ourselves.  

    7. You undertake, if necessary, to draw the attention of third parties to our abovementioned retention of title, including to anyone who would seize items that have not yet been fully paid for. In this context, you undertake to inform us immediately in writing of any seizure by a third party on the delivered products.  

    8. If, upon delivery, you notice any visible damage and/ or qualitative defect to the Product or the container in which the Product is delivered, you must inform us of this immediately.  

 

  1. RIGHT OF WITHDRAWAL 

    1. This article 8 (right of withdrawal) is only applies to you if you are a Consumer and in case of distance selling.  

    2. On the basis of the right of withdrawal you may still renounce the purchase within fourteen (14) days from the day following the delivery of the Product. In that case, you shall not be obliged to pay any compensation or provide a motive.  

    3. However, you do not have a right of withdrawal in the following cases:

    • The delivery of goods that spoil quickly or have a limited shelf life (Article VI.53.4° Economic Law Code); 

    • The delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery (article VI.53.5° Economic Law Code).

 

  1. WARRANTY AND ASSURANCE (OPTIONAL) 

(A) Statutory warranty

 

9.1 Articles 9.1 to 9.5 apply only to Consumers. You have a statutory warranty for two (2) years from delivery to the first owner. You can invoke this warranty if you notice, within two (2) years, that the purchased Product does not correspond to the requested Product. However, you cannot invoke the statutory warranty for modifications in delivery time or place or for defects of which you were aware of at the time of the sale.  

 

9.2 The statutory warranty for Consumers as well as the legal guarantee for hidden defects do not apply to: 

  • Any damage (including loss or destruction) caused to the Product by any unintentional or deliberate changes made by you to the Products after the delivery, including injudicious, incorrect or harsh use, poor maintenance or any other abnormal or incorrect use, exposure to moisture or heat, fire, earthquake, and other external causes; 

  • Any damage (including loss or destruction) caused after delivery by escape of liquid nitrogen from the container or the bottle in which the Product is stored or kept, death of the Product at the time of implantation or after implantation in the recipient mare due to any cause, theft or loss of the Product, and damage or loss of the Product caused by or at third parties (e.g. at the place where the embryo is stored); 

  • Any damage caused by the use of the Products or by any manipulation of the container by you or any third parties in a manner not in accordance with the instructions and information provide and the usual industry standards. 

 

9.3 For non-Consumers, only the statutory warranty for hidden defects applies in accordance with the terms and deadlines described in the Law of 25 August 1885 revising the legislation on purchase destruction defects and the Royal Decree of 24 December 1987 on purchase destroying defects in the sole or exchange of pets. This statutory warranty can be invoked if the non-conformity of the delivered Products, on the grounds as described in the aforementioned legislation, is established within 9 (nine) calendar days from the delivery of the Product.  

 

(B) Commercial warranty (optional) 

 

9.4 Option A/ Insurance by Catherine de Buyl –  when ordering, you may opt to purchase, for an additional price, a Product which we insure by Catherine de Buyl against all risks of destruction and subsequent death of the embryo/ foal up to one hundred and twenty (120) days after birth, subject to any and all conditions and exclusions set out in the applicable policy conditions. If the insured risk occurs within this period and the policy conditions are met, you will be reimbursed the full amount of the purchase price (however, the additional price you paid for this option ‘Insurance’ will continue to be acquired by us). The policy conditions can be requested from us freely and on simple request. In order to benefit from this insurance, at least following conditions must be met by you as buyer: 

  • The implantation of the insured Product must be done within 365 days after the entry into force of this insurance; 

  •  The implantation must also take place in an embryo transfer center approved by the insurance company Catherine de BUYL Insurance NV.   

 

9.5 Option B/ Warranty 'no pregnancy, no pay' – when ordering, you can also opt to take out a  commercial guarantee on the purchased Product for an additional price of 40% on top of the normal catalogue value, if you call upon the services and mares of Embryo Transfer Centre Hans Smet VOF, Mariakerksesteenweg 177, 9031 Drongen (Belgium). The contractual terms and conditions of Embryo Transfer Centre Hans Smet VOF are applicable. If you have concluded an Embryo Transplantion Agreement with Embryo Transfer Centre Hans Smet VOF and you are able to provide us with a written proof of signature, we guarantee you – subject to payment of the quoted surcharge- a gestation of forty-five (45) days in accordance with the following terms and conditions: 

  • The transport of the Product to the Embryo Transfer Centre Hans Smet VOF is taken care of by us. The costs of this transport and of returning the shipping containers are also borne by us, regardless of whether the pregnancy diagnosis turns out to be negative or positive in 45 days.  

  • The product will be implanted by the authorized personnel at the Embryo Transfer Centre Hans Smet VOF in a surrogate mare owned by Embryo Transfer Centre Hans Smet in accordance with the contractual agreements (including the price agreements) that apply between you and Embryo Transfer Centre Hans Smet ( to which we are in any case a third party). 

  • On the forty fifth (45th) day of gestation Embryo Transfer Centre Hans Smet VOF will examine the surrogacy mare and provide a pregnancy analysis (negative or positive).  

    • If the mare, after a pregnancy diagnosis made by Embryo Transfer Centre Hans Smet VOF, on the forty-fifth (45th) day of the pregnancy does not appear to be pregnant with the purchased embryo, we will – in execution of this commercial warranty – reimburse you in full the purchase price of the Product paid by you. We will transfer this amount within 14 days after the receipt of the result of the negative pregnancy diagnosis to the account in which the original payment was made;  

    • If the surrogacy mare, after a pregnancy diagnosis made by Embryo Transfer Centre Hans Smet VOF, on the forty-fifth (45th) day of the pregnancy appears to be pregnant with the purchased embryo, all purchase sums paid by you to us and/ or still owed to us are final and definitively acquired or recoverable and any obligation to refund and/ or reimburse the paid purchase price of the Product under this commercial guarantee under Mares of Mache lapse.  

  • This warranty is limited. The implantation of the purchased embryo must take place at the latest on the last day of July (31/07/XX) of the second year following the purchase.

 

(C) General 

 

9.6 You accept that we do not give any guarantee on the final physical or characteristics of the foal or horse resulting from the Product, nor on its gender, sporting ability or sporting performance. Any guarantee that we do offer you – be it by virtue of our legal guarantee obligation (under article 9 (A)) or by virtue of the commercial warranty that you may have chosen (under Article 9 (B) and/or (C)) – always refers exclusively to the pedigree of the Product and the nature of it (i.e. a frozen horse embryo) in accordance with the information you receive prior to and the latest at the time of making your order and as confirmed by a qualified veterinarian in the health certificate attached to the delivery. 

 

10. CUSTOMER SERVICE

10.1 We aim to keep our customers satisfied. Our customer service is therefore available to you on the telephone number +32485 56 85 73, by e-mail at info@maresofmacha.com or by post at the following address: Mares of Macha BV, Veurnestraat 35, 8640 Vleteren (Oostvleteren). Any questions, complaints or comments about the Products, the ordering process or the use of the webshop can be directed to this address.  

 

11. LIABILITY

11.1 To the extent permitted, we cannot be held liable for indirect and consequential damages. Unless excluded by mandatory law, we shall only be liable for damage caused by failure to comply with our obligations, if and in so far as such damage is caused by our willful and serious fault. We are not liable for any other errors.

 

11.2 Nothing in these Terms of Use is intended to exclude or limit your statutory rights. In addition, nothing in these Terms of Use is intended to limit or exclude our liability for death or personal injury caused to any natural person by our negligence (including that of our employees); or for fraud or fraudulent misrepresentation. 

 

11.3 If we nevertheless be held liable, the amount of the compensation will be limited to the total amount paid by you for the purchased Products.  

 

12. PROTECTION OF PERSONAL DATA 

12.1 The information you provide is necessary for the processing, handling and completion of your orders and the preparation of the accounts. If this information is missing, your order cannot be carried out. Submitting incorrect or false personal data is considered a breach of the present General Terms and Conditions. Your personal data will exclusively be processed in accordance with our privacy police

  1. INTELLECTUAL PROPERTY 

13.1 We guarantee to have the necessary rights to offer our Products. All intellectual property rights and derived rights on these Products remain with us and/ or the actual entitled party. These intellectual property rights include copyright, trademark, design and model rights and/or other (intellectual property) rights, including whether or not patentable technical and/or commercial know-how, methods and concepts. 

 

13.2 The content of the Website is our property. This includes texts, graphics, photos, images, moving images, sounds, illustrations and software. The content is protected by copyright or other rights. It is forbidden to copy, publish, reproduce or otherwise use this content without written permission from us.  

  1. FORCE MAJEURE 

14.1 We are not responsible for fulfilling our obligations under these Terms of Use in the event of force majeure. Force majeure is defined as a situation in which the performance of our obligations is wholly or partially, temporarily or not temporarily prevented by circumstances beyond our control.  

 

14.2 In the case of force majeure our obligations will be suspended, and we will make all reasonable efforts to limit the consequences of the force majeure situation. In the event that the force majeure lasts longer than two (2) months, either Party shall be entitled to terminate the Agreement by giving written notice to the other Party, without the Parties owing each other any compensation (except for the reimbursement of the Products paid by you and who were not delivered) 

  1. GENERAL 

15.1 If any provision of these Terms and Conditions (or part thereof) is declared null, invalid or unenforceable, such nullity, invalidity or unenforceability shall in no way affect the validity or enforceability of the remaining provisions of these Terms and Conditions. In the event of nullity, invalidity or unenforceability, the Parties will, to the fullest extent possible, negotiate to replace the null, invalid or unenforceable provision (or part thereof) with an equivalent provision that is consistent with the spirit of these Terms of Use.  

 

15.2 The fact that we fail to insist the strict application of one of the provisions of these Terms of Use, shall not be considered an implied waiver of our rights and shall not prevent us from subsequently demanding strict compliance with these provisions.  

 

15.3 These Terms of Use, including any references contained in the Terms of Use, fully represent the rights and obligations of the Parties and supersede all prior agreements and proposals, whether oral or written, including any terms and conditions of the Parties.  

 

15.4 The Terms of Use apply at all times and exclusively to all present and future Agreements between you and us, except in the case of an explicit deviation. An explicit deviation is only valid to the extent that it is the result of a mutual agreement between you and us which is expressly made in writing. Explicit deviations are only valid to replace or supplement the provisions to which they relate. The other provisions of these Terms of Use shall remain in full force and effect.  

 

15.5 You accept that electronic communications and backups may serve as evidence.  

  1. APPLICABLE LAW/ COMPETENT COURT 

16.1 To the fullest extent permitted by law, all agreements to which these Terms of Use apply, shall be governed by Belgian law, to the exclusion of the Vienna Convention on Contracts for the International Sale agreements of Goods.  

 

16.2 If you are a Consumer, you can also bring a dispute about these Terms of Use before an independent body. More information can be found at: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.  

 

16.3 Any dispute concerning the interpretation or application of these Terms of Use shall be subject to the exclusive jurisdiction of the courts in which our registered office is located, unless another court is mandatorily determined by law.  

 

© 2020 deJuristen IT & Intellectual property (http://www.ictrecht.be). The information provided is protected by copyright by law, so the information may not be reproduced or communicated without the prior written consent of (contact@dejuristen.be). All applicable intellectual property rights are therefore retained.