Terms for purchasing from Other Sellers

Version: March 2024

1. Definitions

1.1. Environment: https://equinem.com, https://app.equinem.com, https://shop.equinem.com and any other application designated by EquineM.
1.2. Platform: the environment on which products are offered to Users by Other Sellers.
1.3. User: every visitor to the Environment.
1.4. Other Seller(s): a third party, being a legal or natural person who offers products and/or services to Users via the Platform.
1.5. Customer: a User of the Environment who purchases a product via the Platform.
1.6. Purchase Agreement: the agreement concluded between the Other Seller and a Customer due to the Customer’s purchase of a product from the Other Seller via the Platform.

2. Applicability

2.1. These terms and conditions apply to the ordering and purchase of products from Other Sellers via the Platform (hereinafter: Terms and Conditions for purchasing from Other Sellers, or in short Conditions). These conditions can also be consulted on the EquineM Environment, see https://equinem.com.
2.2. Any Customer who places an order for a product offered by an Other Seller within the Environment accepts the applicability of these Terms and Conditions for purchasing from Other Sellers.
2.3. The provisions of these Terms and Conditions for purchasing from Other Sellers can only be deviated from in writing, in which case the other provisions will remain in full force.
2.4. These Terms and Conditions for purchasing from Other Sellers apply to both buyers who qualify as consumers and buyers who qualify as business buyers.
2.5. All rights and claims, as stipulated in these Terms and Conditions for purchasing from Other Sellers and in any further agreements on behalf of EquineM, are also stipulated on behalf of the intermediaries and other third parties engaged by EquineM, expressly including the Other Seller(s).
2.6. EquineM has the right to change these Conditions from time to time. The amended terms and conditions will apply as soon as they are published on the site. If a buyer subsequently places an order for a product as offered by an Other Seller, he thereby accepts the applicability of the amended Conditions of purchasing from Other Sellers. It is therefore advisable to consult these Terms and Conditions for purchasing from Other Sellers before placing an order for a product from an Other Seller.

3. Customer account

3.1. The Customer must meet at least the following requirements:
– the Customer must have a customer account with EquineM to access the Environment;
– the Customer is at least 18 years old;
– the Customer can be reached by e-mail.
3.2. EquineM is at all times entitled not to process certain orders for items from Other Sellers or to impose conditions thereon.
3.3. The Customer is responsible for the use made of his username and password. EquineM therefore advises the Customer to use a unique password and to keep this password carefully confidential.
3.4. The Customer is not entitled to allow others to use his account.
3.5. The Customer agrees to act in accordance with the Terms and Conditions for purchasing from Other Sellers and all applicable laws and regulations.
3.6. The Customer is responsible for the accuracy of the data in his own account.

4. Third party offerings

4.1. The Customer acknowledges that the purchase agreement is concluded between the Customer and the Other Seller (the third party that offers the product(s) for sale via the Environment) and that EquineM is and/or will not be a party to this agreement.
4.2. For questions and/or complaints about the products purchased by the Customer from Other Sellers, the Customer must always contact the relevant Other Seller directly. The buyer acknowledges that he/she cannot rely on EquineM in these cases and EquineM is not liable in any way, including but not limited to any defectiveness of the purchased product.

5. Order and delivery

5.1. A Customer can place an order for a product offered by Another Seller through the normal ordering process with EquineM.
5.2. Any Customer who places an order for a product offered by another Seller within the Area accepts the applicability of the general terms and conditions set by the Other Seller with whom the order is placed, insofar as these can be consulted on the Other Seller’s website. Seller.
5.3. The Customer will receive further details about the delivery from the Other Seller.
5.4. The Customer receives the invoice associated with the order from the Other Seller.
5.5. Ownership of delivered items will only be transferred if the Customer has paid all that the buyer owes to the Other Seller with regard to the order in question.

6. Compensation and payment

6.1. The Customer owes the purchase price of the product purchased from the Other Seller via the Platform to the Other Seller. Payment by the Customer can only be made to the Other Seller.
6.2. Other Seller has the right to exercise collection rights arising from the purchase agreement between the Customer and the Other Seller.

7. Information and use of data

7.1. Customer will carefully monitor his e-mail so that Customer can take note of information sent to Customer by EquineM and/or the Other Seller in a timely manner.
7.2. EquineM is not liable for information not being delivered on time or clearly or for obvious mistakes, regardless of who the information comes from or to whom this information is provided.
7.3. Customer declares to be aware of and to agree that his name and address details, e-mail address and telephone number will be provided to the Other Seller insofar as these are necessary to execute the Purchase Agreement/order or if the Customer has given permission for this datum. Other Seller is only entitled to use the Customer’s data to the extent this is necessary in the context of handling and executing the Purchase Agreement/order or when the Customer has given permission for the use of the data.

8. Role EquineM

8.1. EquineM merely offers a service in the form of providing an online platform that enables Other Sellers to offer, buy and sell products through the Environment. EquineM is and will not be a party to the (Purchase) Agreement between the Customer and the Other Seller that is concluded via the Environment. EquineM therefore does not know whether Other Sellers will actually and fully implement the (Purchase) Agreement and purchase the Conditions from Other Sellers. A Customer cannot therefore demand compliance with such (Purchase) Agreements from EquineM.
8.2. EquineM is not involved in the preparation of the data provided by the Other Sellers. EquineM passes on this data unseen and unchanged and therefore does not know whether the data is correct.
8.3. EquineM makes every effort to ensure that the Environment and the account function properly, but the Environment or the account may not be available at all times.

9. Miscellaneous

9.1. EquineM is entitled to limit, not grant or revoke certain privileges or to block the use of the account or to deny or limit the ability to order items from Other Sellers via the Platform, depending on the trading history of a customer; this is solely at the discretion of EquineM.
9.2. If EquineM allows deviations from the Terms and Conditions of purchasing from Other Sellers for a short or longer period of time, whether tacitly or not, this does not affect its right to demand immediate and strict compliance with the Conditions of purchasing from Other Sellers. The Customer can never assert any rights based on the fact that EquineM applies the Conditions flexibly at any time.
9.3. If one or more of the provisions of the Terms and Conditions for purchasing from Other Sellers or of the procedural rules conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a new legally permissible provision to be determined by EquineM, as much as possible taking into account the scope of the relevant provision.
9.4. EquineM is at all times entitled to no longer make available the functionalities for the offerings of Other Sellers on the EquineM website.

10. Applicable law and interpretations

10.1. The Terms and Conditions for purchasing from Other Sellers, the purchase of items by Other Sellers via the EquineM website and the Purchase Agreement between the buyer and the Other Seller are exclusively governed by Dutch law. All disputes between parties will be submitted to the competent court.
10.2. Any heading, caption or section title contained herein, and/or any explanation, is provided only for convenience, and in no way alters and/or amend the provisions within the Terms nor shall it legally bind EquineM in any way. These Terms are written in Dutch, and translated into other languages for the Customer’s convenience. If a translated (non-Dutch) version of these Terms conflicts in any way with their Dutch version, the provisions of the Dutch version shall prevail.