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D.A.P. Dendervallei

Legal

Terms and conditions

This page is an automatic translation of the original Dutch text and is provided for information only — only the original Dutch text is binding.

Version 2.0 - Valid from 1 May 2026

1. Parties

DAP Dendervallei, known under company number BE1012.619.028, with registered office at Berchembos 6, 1760 Roosdaal. This includes veterinarians Fien Daelman and Karen Dehenau. Hereinafter "DAP Dendervallei", and any natural person or business on whose behalf DAP Dendervallei provides services or goods. Hereinafter "the client".

2. Definition

Terms: all provisions set out below, including any annexes, which form an integral part hereof. Hereinafter "the terms".

Services: any form of service that DAP Dendervallei provides to the client, such as, but not limited to, first-line veterinary care and specialised second-line veterinary medicine, including among other things diagnostics, medical advice, care procedures AND/OR the supply of animal products and medication, including all associated administrative, accounting and promotional services. Hereinafter "services".

Animal: any animal that the client presents to DAP Dendervallei for examination and/or treatment, regardless of whether it is kept as a companion animal, sport animal, breeding animal or farm animal. Hereinafter "animal".

Treatment: any form of medical service that DAP Dendervallei provides to the animal presented by the client, at the practice or on location, such as, but not limited to, diagnostics, medical advice, administration of medication and vaccination, surgical procedures, medical examinations, and medical care whether or not including temporary housing before, during or after the treatment at DAP Dendervallei. Hereinafter "treatment".

Practice: any veterinary care facility, including the building, the adjoining grounds and all treatment areas from which DAP Dendervallei offers its services. Hereinafter "practice".

Veterinarian: the veterinarians as well as the paraveterinary staff and assistants acting under their responsibility, on behalf of DAP Dendervallei, within the powers granted to them as described in the wet op de uitoefening Diergeneeskunde (Belgian law on the practice of veterinary medicine), the Paraveterinairen decree (decree on paraveterinary professionals) and the code of conduct of the Orde der Dierenartsen (Belgian Order of Veterinarians). Hereinafter "veterinarian".

Materials: all goods and materials that DAP Dendervallei uses during the provision of veterinary services or supplies to the client on order, such as, but not limited to, care products, animal feed, medication. Hereinafter "materials".

Website: the informational websites []() and any alternative domains thereof, operated by DAP Dendervallei. Hereinafter "website".

Supplier: any supplier, pharmacy or web shop through which DAP Dendervallei supplies materials or medication to the client. Hereinafter "supplier".

3. Application, acknowledgement and acceptance

  • These terms, including annexes, special provisions and payment terms, apply to every agreement for services and/or materials between DAP Dendervallei and the client, in the broadest sense of the word.
  • The client acknowledges having reasonably had the opportunity to consult the terms of DAP Dendervallei and thereby to accept them. They can be consulted on the website, obtained in writing on request, or consulted at the practice.
  • Due to the nature of the services (e.g. emergencies or house calls), it is not always possible for DAP Dendervallei to provide the terms to the client before a consultation or treatment. In such a case too, the client accepts that he/she could have requested the terms from DAP Dendervallei or consulted them via the website, and that the terms therefore apply.
  • The terms of DAP Dendervallei take precedence over any terms of the client and, in the case of translations, the Dutch-language version always prevails. The parties accept that any conflicting clauses will be negotiated and that every deviation will be confirmed in writing between the parties. Any additional or differing arrangement that deviates relates exclusively to the provision(s) from which it deviates. The remaining provisions remain fully applicable.
  • If one or more provisions were to conflict with Belgian legislation or be void, this does not affect the legal validity of the remaining provisions. The invalid or void provisions must then be read as a valid provision whose result comes as close as possible to the intended result of the invalid/void provision.
  • An agreement with DAP Dendervallei is not an obligation of result, but a best-efforts obligation (obligation of means), whereby DAP Dendervallei performs its services or treatments to the best of its ability and in accordance with common practice in the sector, with the care the client may reasonably expect from it.
  • Arrangements or commitments made by third parties, representatives or staff of DAP Dendervallei are only valid after written confirmation by the director(s) of DAP Dendervallei.
  • DAP Dendervallei reserves a certain freedom of choice in the performance of the agreement, whether or not by engaging materials or services of third parties, in order to guarantee quality service and maximum quality (of care).

4. Rates and fees

The client may always request an estimate of treatment costs. Such estimates are indicative and no rights can be derived from them. Any additional costs due to supplementary examinations and imaging, complications or adjusted treatments are never included in a cost estimate and always remain at the client's expense.

Payment must be made immediately after the treatment, unless otherwise agreed. This can be done in cash or by bank transfer.

DAP Dendervallei reserves the right to change its terms and prices at any time, but never to the detriment of the committed client. DAP Dendervallei will notify the client in good time of any change that may affect current or future agreements, with the request to formally accept the amended provisions.

DAP Dendervallei is permitted to request an advance payment from the client, or not, and to determine its size at its own discretion before the start of the treatment.

All services performed or costs incurred by third parties, as well as specially ordered materials, are at the client's expense.

In the event of late payment, the client is in default by operation of law, without any notice of default being required.

A mileage fee is charged for all house calls:

  • €0.50/km excl. VAT for scheduled appointments
  • €1.00/km excl. VAT for emergencies outside the normal schedule
  • Starting points for the calculation: Drs Fien Daelman: Bildeken 17, 9500 Geraardsbergen
  • Drs Karen Dehenau: Rameiveld 20, 9660 Brakel

For laboratory tests (such as, but not limited to, blood analyses, histopathological examination, cytology, bacteriological and virological analyses, PCR tests, faecal examinations and allergy tests), the client is invoiced directly by the laboratory carrying out the tests. The laboratory's invoices are separate from DAP Dendervallei's invoice for the veterinary services. In this respect, DAP Dendervallei acts as an intermediary for the request and the transfer of samples, and is not liable for the laboratory's rates, payment arrangements or delivery terms. By presenting the animal for an examination in which sampling for external laboratory testing is necessary, the client agrees to this separate invoicing by the laboratory and accepts the associated terms of the laboratory concerned.

5. Website

DAP Dendervallei endeavours to ensure the fault-free operation of its website and the applications involved, while reserving the right to change and/or maintain their scope, content and functionality at its own discretion.

DAP Dendervallei can under no circumstances be held liable for any interruptions and/or malfunctions of the online services offered, for loss of data, for the spreading of viruses or malware, or for errors in the offer or the displayed prices due to, for example, incomplete information, printing errors, deviating colour rendering or information that is not up to date.

Images are indicative and may contain elements that are not included in the price. Images and colours may also differ slightly from reality depending on the user's screen settings.

General information and tips on animal care displayed on the website are always provided for information purposes. The client must verify to what extent the information is applicable to their animal and must consult a veterinarian in case of doubt. DAP Dendervallei is in no way liable for information that is displayed incorrectly or applied incorrectly by the client.

During a visit to the DAP Dendervallei website, "cookies" may be placed on the hard drive of the client's computers and mobile devices. By using the DAP Dendervallei website, the client agrees to the use of cookies. Detailed information about the type of cookies, the data collected via cookies, their intended use and the client's rights can be consulted on the DAP Dendervallei website.

6. Intellectual property

All documents, images, texts, designs and all other intellectual works created by DAP Dendervallei, regardless of their form, remain the property of DAP Dendervallei. The client is not permitted to distribute, copy, publish or use them in any way, whether personally or with the help of third parties, without the explicit prior consent of DAP Dendervallei. If DAP Dendervallei passes on information from partners, public authorities or third parties to the client, this is purely indicative, without any guarantee as to the correctness of its content.

7. Reports and records

Reports and records, including medical certificates, expert assessments and health certificates, are drawn up to the best of DAP Dendervallei's knowledge and ability and are based on the information available at the time of drafting.

All reports remain the intellectual property of DAP Dendervallei and may not be modified or reused by third parties without consent.

  • Reports are provided only to the client and may not be shared with third parties (such as insurers, other veterinarians or legal parties) without written consent.
  • DAP Dendervallei is not liable for the consequences of reports that are misinterpreted or wrongly used by third parties.
  • If a report is requested by a judicial body or an insurer, DAP Dendervallei reserves the right to charge administrative costs for drawing up and providing the document.

8. Scientific research

The client gives DAP Dendervallei implicit permission to use samples or organic material from treated animals for statistical or scientific analyses, training and/or research, unless the client expressly refuses this.

9. Privacy

DAP Dendervallei processes personal data in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679, hereinafter "GDPR") and the Wet van 30 juli 2018 betreffende de bescherming van natuurlijke personen met betrekking tot de verwerking van persoonsgegevens (Belgian law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data).

The client's personal data are processed for purposes necessary for the performance of the agreement, including the performance of veterinary services, the preparation of invoices, the delivery of reports, communication with laboratories, referring veterinarians and other care providers involved in the treatment of the animal, as well as for statutory reporting obligations (such as, but not limited to, notifiable animal diseases and the registration of medication in the horse passport).

DAP Dendervallei only shares personal data with third parties insofar as this is necessary for the performance of the agreement or a legal obligation, or with the prior consent of the client.

More information about DAP Dendervallei's privacy policy can be consulted on the website. The client has the right of access, rectification, restriction, erasure, data portability and objection in accordance with the GDPR. Requests in this regard should be addressed to [email protected]. The client may also object free of charge to the use of data for direct marketing purposes, and has the right to lodge a complaint with the Data Protection Authority (www.gegevensbeschermingsautoriteit.be).

10. Dissolution

DAP Dendervallei may suspend or dissolve the agreement if it cannot fulfil its obligations due to temporary or permanent force majeure. Force majeure means all circumstances that cannot reasonably be influenced by DAP Dendervallei, such as but not limited to: traffic obstructions, exceptional weather conditions, social conflicts or strikes, fire, war, mobilisation, delayed or incorrect delivery by third parties.

In such situations, DAP Dendervallei will refund (advance) amounts already paid for services or goods not yet delivered within 30 days of dissolution, without additional compensation.

If DAP Dendervallei, whether or not due to force majeure, was only able to perform the agreement partially, it may invoice the services and materials already provided separately.

If the client does not respect the payment obligation, DAP Dendervallei is entitled to dissolve or suspend the continuation or renewal of the current or a future agreement out of court.

The client may unilaterally terminate or suspend the agreement if DAP Dendervallei fails to fulfil its contractual obligations.

The parties shall notify each other as soon as possible, with reasons and in writing, of any intention to dissolve.

11. Complaints procedure

The client undertakes to check the result of a treatment or medication plan and the well-being of the animal as soon as possible and at the latest within 14 calendar days after the treatment, and to communicate any points of attention or concerns in this regard to DAP Dendervallei immediately, so that the veterinarian can adjust the follow-up treatment where appropriate.

The client must report any complaints in writing and as soon as possible, preferably to DAP Dendervallei. If desired, the client may also submit complaints by letter to the disciplinary body "Gewestelijke Raad van de Orde der Dierenartsen (NGROD), Driekoningenplein 12, 9820 Merelbeke" (Regional Council of the Order of Veterinarians) or via [[email protected]](mailto:[email protected]), or to the Consumer Ombudsman Service (Consumentenombudsdienst) of the F.O.D. Economie (FPS Economy) via [https://consumentenombudsdienst.be/nl](https://consumentenombudsdienst.be/nl).

DAP Dendervallei undertakes to confirm receipt of every complaint within 30 days and to handle the complaint to the best of its ability and as quickly as possible by submitting a proposed solution to the client.

12. Liability, breach of contract and restitution

  • In accordance with Art. VI.83, 13° of the Wetboek Economisch Recht (Belgian Code of Economic Law, "WER"), DAP Dendervallei can only be held liable for damage resulting from the non-fulfilment of the commitment entered into, or caused by an intentional serious fault or fraud by DAP Dendervallei and/or its appointed staff. The client must report such a breach in writing and with reasons, as soon as possible and at the latest within 14 days.
  • If DAP Dendervallei were to be liable, compensation remains in any event limited to the amount paid out in this respect by DAP Dendervallei's liability insurance or, at most, the amount owed by the client to DAP Dendervallei.
  • The client remains at all times responsible and liable for any damage caused by their animal to the equipment of the practice.
  • DAP Dendervallei is not liable for indirect consequential damage such as, for example but not limited to: loss of profit or any damage, theft or loss of personal belongings at the practice or during transport to it.
  • On request, the veterinarian will inform the client about points of attention concerning foreign legislation and/or import and export regulations. The client is responsible for obtaining sufficient information from the competent authorities and for complying with the applicable legislation and obligations.
  • DAP Dendervallei is not liable for any side effects or manufacturing defects in materials or medication supplied by third parties.
  • If either party fails to perform the agreement, performs it only partially or performs it incorrectly, the party that has suffered damage shall notify the other party in writing within 14 calendar days, stating the reason and an estimate of the damage suffered. Insofar as this proves demonstrable and well-founded, and can be expressed in financial value, the damage shall be made good between the parties. In no event does such an occurrence release the client from the obligation to pay claims that do not relate directly to the damage.

13. Transfer of rights and liabilities

If the client has ordered goods through DAP Dendervallei for a third-party end user or has resold them, DAP Dendervallei remains bound only by its obligations towards the client. In such a case, the client takes over the responsibilities and legal obligations towards the end user.

For specific services in which DAP Dendervallei acts as a mediator, intermediary or merely as a delivery address, the rights, obligations and liability of DAP Dendervallei remain limited to the services that DAP Dendervallei itself performs, and only insofar as they go beyond the agreement between the client and the third party concerned. This applies, for example, when the client orders materials or medication from, or pays for them to, a third party, where those materials are subsequently received, stored and handed over to the client by DAP Dendervallei.

14. Evidence, clinical imaging and use on communication channels

The client accepts that both analogue and electronic communications — including correspondence, e-mails, text messages, messages via messaging applications (such as, but not limited to, WhatsApp), voice messages and their back-ups — may be used by both parties as evidence in the event of a dispute.

In the context of the treatment, DAP Dendervallei may take photo or video material of the animal for clinical-diagnostic purposes, for monitoring the course of a condition or treatment, for communication with the client, with referring veterinarians or with laboratories, as well as for reporting in the file.

Such visual material remains the property of DAP Dendervallei and is kept as part of the animal's medical file. It may also serve as evidence in the event of a dispute about the services performed, the condition of the animal or the course of a treatment.

Use on the website and social media. DAP Dendervallei may use visual material of treated animals on its website, social media and in educational or promotional material. The following principles apply:

  • Visual material is anonymised where possible: the name of the animal, the name of the owner and recognisable location details (stable name, address, background elements that identify the location) are not mentioned or shown, unless the client has expressly consented to this.
  • Persons recognisable in photos or videos are not shown without their prior consent.
  • The client has the right at all times to object to the use of visual material of their animal on these channels. This objection may be communicated prior to the treatment, or afterwards in writing via [email protected]. In the event of an objection, DAP Dendervallei will not use the visual material concerned on public channels, and material already published will be removed within a reasonable period insofar as this is reasonably possible.

For the use of visual material in scientific publications or in collaboration with external parties, DAP Dendervallei always requests the client's express prior consent.

15. Disputes and applicable law

Belgian law applies, except where the mandatory provisions of private international law on the law applicable to consumers come into play and designate another law. In the event of legal disputes, the (Belgian) courts of the registered office of DAP Dendervallei have jurisdiction, except where the mandatory provisions on jurisdiction for consumer contracts apply. In that case, the competent courts are those designated by private international law. The client may also turn to the ODR platform for online dispute resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=NL

16. Treatment agreement

Making an appointment at the practice (whether or not online or by telephone) automatically implies the client's agreement to have the animal treated. DAP Dendervallei may nevertheless ask the client to sign a declaration before the start of the treatment, explicitly approving the treatment and the associated risks and costs.

  • The practice or veterinarian cannot refuse a treatment if the treatment is compulsory on the basis of a legal obligation or a disciplinary sanction. However, the veterinarian or practice does have the right to refuse, adjust or suspend a treatment and thus unilaterally terminate the treatment agreement if: the veterinarian has serious conscientious objections
  • the veterinarian judges that the proposed treatment has no or too little chance of success and/or would cause the animal unnecessary suffering
  • if the trust between the client and the veterinarian has been seriously disturbed
  • if the client has taken insufficient precautions to allow the treatment to proceed safely or provides insufficient cooperation to the veterinarian.
  • In such a case, DAP Dendervallei will notify the client immediately and the client remains obliged to pay for services already performed or materials already supplied.
  • DAP Dendervallei takes the client's specific wishes and personal preferences into account as much as possible, provided that: they do not harm the safety, health or well-being of the animal to be treated and/or of other animals present, they do not compromise the operation of the practice, and they are not contrary to applicable legislation or professional ethics.
  • The veterinarian has the right to outsource the treatment, in part or in full, to appointed staff or third parties, without having to notify the client in advance, as long as the services are performed in accordance with the wet op de uitoefening Diergeneeskunde (Belgian law on the practice of veterinary medicine), the Paraveterinairen decree (decree on paraveterinary professionals) and the code of conduct of the Orde der Dierenartsen (Belgian Order of Veterinarians).
  • Examination results, reports and imaging material (e.g. X-rays) remain the property of DAP Dendervallei, which stores these data carefully. The client may, if desired and for a fee, receive a copy.

17. Appointments, cancellation and rescheduling

The client can make an appointment by telephone, by e-mail, verbally through one of the veterinarians or via the website. By using online applications, the client accepts the privacy policy and the cookies of the third party that developed the application.

Scheduled appointments

Scheduled appointments can be cancelled or rescheduled free of charge up to 24 hours before the agreed time. Cancellations must be communicated to the practice by telephone or e-mail.

In the event of cancellation less than 24 hours before the appointment, a fixed fee of €40 (excl. VAT) is charged as compensation for the reserved time and the planned travel.

In the event of failure to appear, or if the animal is not present at the agreed time without prior notice, the full consultation rate is charged, plus the planned mileage fee.

Surgical procedures and procedures under sedation

For scheduled surgical procedures and procedures for which an extended time slot has been reserved — including castrations, sarcoid removal, dental treatments under sedation, minor skin surgery and similar procedures — the following conditions apply:

  • Free cancellation or rescheduling is possible up to 48 hours before the agreed time.
  • In the event of cancellation less than 48 hours before the appointment, a fixed fee of €75 (excl. VAT) is charged.
  • In the event of failure to appear, the full rate of the procedure is charged, plus the planned mileage fee.

Force majeure and rescheduling by the practice

In the event of force majeure on the client's side (an acute medical emergency involving the animal, a sudden deterioration of its state of health, an accident or other unforeseen circumstances), the above arrangement does not apply.

DAP Dendervallei reserves the right to reschedule planned appointments if an emergency arises that requires urgent veterinary intervention. In that case, the client will be notified as soon as possible and a new appointment will be scheduled at the earliest available moment.

18. Emergencies

  • For emergencies, the client must contact by telephone the telephone number listed on the website or, if desired, an on-duty veterinarian.
  • DAP Dendervallei reserves the right to accept or decline requests for emergency care.
  • For emergencies, a travel cost of €1.00/km excl. VAT is charged from the veterinarian's location to your premises and back to the residence of the veterinarian concerned. You can enquire about this cost by telephone.
  • An emergency is any appointment that must be scheduled as soon as possible (immediately, the same day, the same week) and cannot be fitted into the routes already in place; in this case, both emergency mileage and an emergency visit fee are automatically charged.

19. Risks, complications and death

The veterinarian informs the client, as far as possible, about the relevant risks that may accompany a specific treatment. The client may always request further explanation.

Every treatment agreement is a best-efforts obligation. If unforeseen complications occur during or after the treatment, or if the treatment were not to produce the desired result, the client cannot hold DAP Dendervallei liable for this, unless there is proven gross negligence or intent. The client remains in any event obliged to pay in full for the services provided.

If an animal dies before, during or after the treatment, whether or not as a result of euthanasia, the client is personally responsible for the collection and further destination of the remains. Any costs for storage, transport, rendering, burial or cremation are at the client's expense.

In the event of acute, unbearable suffering of the animal that cannot be alleviated, where there is no reasonable prospect of recovery, and when prior consultation with the owner is not possible due to the urgent nature of the situation, the veterinarian may, in accordance with Article 9 of the Wet van 14 augustus 1986 betreffende de bescherming en het welzijn der dieren (Belgian law of 14 August 1986 on the protection and welfare of animals), proceed with euthanasia, in accordance with the code of conduct of the Orde der Dierenartsen (Belgian Order of Veterinarians). In that case, DAP Dendervallei notifies the owner as soon as reasonably possible and gives written reasons for the decision. The costs of such euthanasia and the associated procedures remain at the client's expense. In such circumstances, DAP Dendervallei owes no compensation for the value of the animal.

If an animal displays acutely dangerous behaviour that endangers the safety of people or other animals, and when alternative measures are not available or not sufficient, the veterinarian may, in accordance with the procedure described above, proceed with euthanasia or sedation to bring the situation under control.

20. Sedation, anaesthesia and peri-operative risks

Sedation and general anaesthesia in the horse carry, despite all precautions and monitoring, an increased risk of complications compared with other animal species. In the international veterinary literature, a mortality risk in the order of magnitude of 1% is reported for general anaesthesia in the horse. For standing sedation this risk is lower, but it is not non-existent.

Possible complications include, but are not limited to: cardiovascular and respiratory complications, cerebral oedema, myopathy or neuropathy as a result of decubitus, fractures during recovery, gastrointestinal complications and allergic reactions.

By consenting to sedation or anaesthesia, the client agrees to these risks and to the veterinarian's choice of anaesthetic protocol. DAP Dendervallei will, as far as possible and reasonable, discuss these risks before the procedure and give the client the opportunity to ask questions.

21. Vettings and pre-purchase examinations

A vetting (pre-purchase examination, hereinafter "PPE") concerns exclusively an assessment of the horse's state of health that is visible and ascertainable using the agreed examination methods, at the time of the examination.

The scope of the examination (basic clinical examination, dynamic examination, imaging, blood analyses, and so on) is determined in advance in consultation with the commissioning party. The commissioning party acknowledges that the degree of certainty offered by the examination depends directly on the agreed protocol. A more limited protocol offers less certainty.

DAP Dendervallei gives no guarantee as to the absence of latent, dormant, intermittent or later-developing conditions that were not detectable at the time of the examination, even when advanced diagnostic techniques are used.

The examination report is drawn up for the commissioning party and may only be passed on to third parties with their written consent. The purchase decision remains the sole responsibility of the commissioning party.

DAP Dendervallei cannot be held liable for conditions that manifest themselves after the examination, for later developments, or for seasonal or recurring conditions that were not present or detectable at the time of the examination.

22. Remote advice by telephone, in writing and by visual means

Advice provided by DAP Dendervallei by telephone, e-mail, text message, photo material, video material or other forms of remote communication is always purely indicative in nature and can never fully replace a clinical examination on site.

The client remains responsible for assessing whether the animal's condition requires a clinical consultation and for calling in veterinary assistance on site in good time. If DAP Dendervallei judges, on the basis of the information provided, that a clinical examination is advisable, this will be communicated to the client.

DAP Dendervallei's liability for remote advice is limited to the care that may reasonably be expected of the veterinarian on the basis of the information provided by the client. DAP Dendervallei is not liable for the consequences of incomplete, incorrect or misleading information supplied by the client.

23. Obligations of the client

  • The client acknowledges having the necessary decision-making and signing authority, or the consent of the animal's owner, to present an animal for treatment at DAP Dendervallei.
  • The client follows the instructions on whether or not to feed the animal before the treatment, as communicated in advance by DAP Dendervallei to the client.
  • The client ensures that the veterinarian can work in safe and dry conditions.
  • The client has a duty of disclosure and must share all information that may be important or relevant to the treatment with DAP Dendervallei in good time. This includes, among other things, information about biting behaviour, allergies, previous medical procedures, etc. The client remains responsible for the quality of the information provided.
  • The client has a duty to cooperate, which means that the client provides optimal cooperation to allow examinations and treatments to proceed smoothly, correctly and safely. In the absence of cooperation, the veterinarian may stop or refuse the treatment, or dissolve the agreement entirely.
  • If the client is insured for veterinary treatments, the client personally provides the necessary information and documents to their insurance company. DAP Dendervallei is not responsible or liable for any consequences of incorrect or late submission of insurance files or for whether or not reimbursements are granted by the insurance.

24. Identification of the horse and food-chain status

The client undertakes to make the correct and valid horse passport available to the veterinarian at every consultation or treatment of a horse. The client guarantees that the passport contains the horse's current identification details, as well as the correct indication of the destination for human consumption (Section II of the passport, Part II or III).

The veterinarian is legally obliged to record certain veterinary procedures in the passport, including the administration of certain veterinary medicines, and/or to adjust the destination for the food chain. The client accepts this obligation and any consequences for the destination and the future slaughter value of the horse.

If the client cannot present a valid passport, DAP Dendervallei reserves the right to suspend non-urgent treatments until the passport is available, or to limit the administration of medicines to what is justifiable in veterinary-scientific and legal terms.

The client is liable for damage or fines resulting from the provision of incorrect passport details or the failure to make the passport available.

25. Safety and cooperation during a consultation or treatment

The client undertakes to provide a safe working environment for the veterinarian during consultations or treatments at the practice, in the stable or on location. This includes, among other things, a suitable, dry and sufficiently lit space, a safe and appropriate place to examine or treat the horse, and the presence of an adult and competent person who can hold or guide the horse if the nature of the treatment so requires.

The client shares in advance all information that may be relevant to the veterinarian's safety, including biting, kicking or striking behaviour, sensitivity to injections, previous negative experiences, and specific behaviours of the horse in unfamiliar situations.

Damage to the veterinarian, paraveterinary staff, or the equipment they have brought along, caused by the client's horse or by other animals or persons under the client's responsibility, is at the client's expense. The client is advised to take out family insurance or specific liability insurance for the horse for this purpose.

If the veterinarian judges that the working environment is unsafe or that insufficient cooperation is being provided, the treatment may be suspended, refused or stopped, while retaining the right to payment for services already provided and travel costs incurred.

26. Doping and withdrawal times for sport and competition horses

The client must inform DAP Dendervallei before every treatment if the horse takes part or will take part in competitions, gradings or events to which doping or medication regulations apply, including those of the FEI, KBRSF, BWP, sBs or other relevant bodies.

DAP Dendervallei will, as far as possible, inform the client about known withdrawal times of administered medicines, but this information is always indicative and based on the data available at that time.

The client remains fully and exclusively responsible for compliance with the applicable doping and medication regulations, for checking current withdrawal times with the relevant umbrella organisations, and for the decision whether or not to take part in a competition. Under no circumstances can DAP Dendervallei be held liable for positive doping tests, exclusions from competitions, fines or other consequences arising from participation in competitions after a treatment.

27. Duty of information of DAP Dendervallei

The veterinarian will, on request, provide the client with information about the treatment and the way in which it was carried out.

DAP Dendervallei is properly insured and will, on simple request, provide the client with an overview of the insured risks and covers.

28. Referral to specialists and referral centres

DAP Dendervallei reserves the right to refer the client to a specialist, a referral clinic or a veterinary university institution if the complexity of the condition, the need for specialised equipment or the nature of the treatment makes this advisable.

The choice of whether or not to act on a referral rests with the client. The costs of services provided by the institution to which the client is referred are entirely at the client's expense and are invoiced directly by that institution, unless otherwise agreed in writing.

DAP Dendervallei cannot be held liable for the services, decisions or results of the institution to which the referral was made.

29. Insurance of the horse

DAP Dendervallei expressly draws the client's attention to the existence of horse insurance policies that can cover the medical costs and/or the economic value of the horse. DAP Dendervallei recommends that the client personally weighs up the desirability of such insurance, in particular for horses with considerable economic, sporting or emotional value.

DAP Dendervallei's liability insurance covers only the professional liability of the practice and not the medical costs or the value of the horse itself in the event of illness, complications or death outside a liability situation.

30. Offer

DAP Dendervallei may offer materials to the client, such as but not limited to: animal feed, medication, care products.

In the event that DAP Dendervallei offers materials or medication to the client, the offer is valid while stocks last. The offer can be adjusted or withdrawn by DAP Dendervallei at any time. DAP Dendervallei is in no way liable for the unavailability of an item. In that case, and if a confirmation e-mail has already been sent or received, the parties agree to cancel the transaction without any form of compensation.

31. Orders

The client can place orders (or repeat orders) by telephone, by e-mail and in person at the practice. Such orders are confirmed to the client in writing (by e-mail) as much as possible, although this is not always possible given the nature of the services. The client accepts that, for orders placed at the practice, verbal confirmation or confirmation by e-mail counts as formal order confirmation.

Orders originating from a client with whom a dispute exists, from a seemingly fraudulent profile, or revealing a serious shortcoming on the part of the client, may be cancelled or refused by DAP Dendervallei.

32. Delivery of goods

For ordered materials, the principle is that the client collects them in person from one of the veterinarians or at an agreed location and pays DAP Dendervallei on the spot. On express request and by mutual agreement, home delivery at an additional cost is also possible, whether or not after advance payment. In the latter case, DAP Dendervallei reserves the right to entrust the delivery to bpost or to another carrier.

33. Retention of title

In accordance with Article 3:92 of the Burgerlijk Wetboek (Belgian Civil Code), DAP Dendervallei remains the owner of delivered materials until the client has paid the agreed purchase price in full. If the client proves insolvent, remains in default or fails to fulfil their obligations for whatever reason, DAP Dendervallei reserves the right to suspend the planned delivery or to reclaim the materials, whether by collecting them itself or via an appointed carrier, and to dissolve the agreement with the client.

If the client ordered materials from a third party where DAP Dendervallei acts only as an intermediary or delivery address, the terms of the third-party provider take precedence over those of DAP Dendervallei. If, in such a case, the terms of DAP Dendervallei were to prove contradictory, invalid or void, the provisions concerned must be read as a valid provision whose result comes as close as possible to the intended result of the invalid/void provision. The remaining provisions remain fully applicable. In any event, DAP Dendervallei is only responsible and liable for the services that DAP Dendervallei itself provides.

34. Reflection period and right of withdrawal

The client, if they are a consumer within the meaning of Art. I.1, 2° of the Wetboek Economisch Recht (Belgian Code of Economic Law, "WER") and not a business or legal entity, has the right to withdraw from the agreement without giving reasons within a period of 14 calendar days, counting from the day on which the client, or a third party designated by the client who is not the carrier, takes physical possession of the goods.

The client must in any event notify DAP Dendervallei of the decision to withdraw before the withdrawal period has expired, by means of an unambiguous declaration. The client may use the attached model withdrawal form for this purpose, but is not obliged to do so.

The client must return or hand over the goods without undue delay, and in any event no later than 14 calendar days after the day on which the client communicated the decision to withdraw from the agreement to DAP Dendervallei, to the DAP Dendervallei location where the client had collected the goods. Only items that are returned including all accessories and instructions for use and, as far as possible, accompanied by the original packaging, will be taken back.

The direct costs of returning goods are borne by the client.

In the event of withdrawal, DAP Dendervallei will refund all payments received up to that point to the client within a maximum of 30 days after DAP Dendervallei has been informed of the decision to withdraw. For sales agreements, DAP Dendervallei may withhold the refund until all goods have been recovered, or until the client has demonstrated that the goods have been returned, whichever comes first. DAP Dendervallei reserves the right to first check the condition and safety of the returned items.

DAP Dendervallei will refund the client using the same means of payment as the client used for the original transaction, unless the client expressly provides other payment details. No costs are charged for such a refund.

The right of withdrawal applies to medicines and medical devices only before they have been dispatched to the client by DAP Dendervallei and not after delivery. In accordance with Article VI.53 of the Wetboek van economisch recht (Belgian Code of Economic Law), the right of withdrawal cannot be exercised for:

  • goods made or adapted according to the client's specifications or clearly personalised
  • products that are perishable or will quickly reach their expiry date
  • the delivery of sealed goods that cannot be returned for reasons of hygiene and health protection and that have been unsealed by the consumer after delivery

35. Warranty

In accordance with the Wet van 20 maart 2022 (Belgian law of 20 March 2022, transposing Directive (EU) 2019/771), the client-consumer is entitled to a statutory warranty of two years from delivery of the goods.

If a lack of conformity occurs during this warranty period, the client must notify DAP Dendervallei within a period of two months after discovering the defect.

In the event of a lack of conformity, the client is entitled by law to free repair or replacement, or to an appropriate price reduction or dissolution of the agreement in the cases provided for by law.

The warranty never applies to damage or defects resulting from accidents, neglect, falls, use contrary to the purpose for which the item was designed, failure to follow the instructions for use or the manual, adaptations or modifications to the item, incorrect storage, or any other abnormal or incorrect use by the client or third parties.

DAP Dendervallei may ask the client to return delivered materials with damage or defects for further examination or exchange. Clients are advised to keep the original packaging, including any leaflets, where possible and to enclose it with the return shipment. The costs and risks of return shipments are borne by the client.

For clients acting in the course of their profession or business, the provisions of general sales law apply and DAP Dendervallei may, in deviation from the above periods, impose a notification obligation within 7 calendar days after discovery of the defect.

36. Payment terms and arrangements

Payments must in principle be made immediately at the end of the consultation via instant bank transfer, Payconic, Wero or cash payment.

In the exceptional cases where DAP Dendervallei would nevertheless allow payment after delivery or deferred payment, the payment arrangements are described in detail on the statement, the confirmation e-mail or the invoice. Such payments must be made by transfer to the KBC bank account number stated on the invoice, quoting the requested payment reference.

The client undertakes to notify DAP Dendervallei immediately in the event of insolvency risks such as debt mediation, the Wet Continuïteit Ondernemingen (Belgian law on the continuity of businesses), voluntary liquidation, guardianship, seizure, bankruptcy, death, divorce and other scenarios that may in any way affect, suspend or prevent compliance with payment terms. The client shall provide the necessary information and the contact details of the third parties involved.

37. Invoice collection in the event of late payments

The client may at any time request an overview of outstanding invoices from DAP Dendervallei by written request. Demands and reminders are sent electronically, unless the client expressly requests to receive them on paper.

For every late payment, DAP Dendervallei starts a collection process, whether or not through third parties such as professional debt collectors, to whom DAP Dendervallei may pass on the necessary personal data for this purpose. In that case, the client is obliged to pay full compensation for both the extrajudicial and any judicial collection costs, without prejudice to the provisions of Book XIX of the Wetboek Economisch Recht (Belgian Code of Economic Law) for consumers.

Invoice collection from consumers

If the payment term is exceeded, DAP Dendervallei proceeds with invoice collection in accordance with Book XIX of the Wetboek Economisch Recht (Belgian Code of Economic Law) and the Wet van 4 mei 2023 betreffende de invordering van consumentenschulden (Belgian law of 4 May 2023 on the collection of consumer debts).

First reminder (free of charge). The client receives a first, free payment reminder requesting payment of the outstanding amount within fourteen calendar days, counting from the third working day after this reminder is sent. This first reminder states at least the balance due, the amount of the fixed compensation due in the event of non-payment, the applicable interest rate, the period within which the debt must be paid before additional costs become due, and the contact details of DAP Dendervallei. No costs are charged for this first reminder.

Second reminder (free of charge, with warning). If the client does not proceed with payment within fourteen calendar days of the first reminder, he or she receives a second reminder. This second reminder is also free of charge. It contains an express warning that, at a subsequent reminder, collection costs, a fixed compensation and late-payment interest will be charged as described below.

Third and subsequent reminders (with costs). If the client still does not proceed with payment after the second reminder, the following costs are charged from the third reminder onwards:

  • Reminder costs of €7.50 per reminder, plus the postal charges applicable at the time of dispatch if the reminder is sent by post, in accordance with Article XIX.4 of the Wetboek Economisch Recht (Belgian Code of Economic Law).
  • A one-off fixed compensation calculated in accordance with the legal maxima: €20.00 for outstanding amounts up to and including €150.00;
  • €30.00 plus 10% of the amount between €150.01 and €500.00 for outstanding amounts between €150.01 and €500.00;
  • €65.00 plus 5% of the amount above €500.00 for outstanding amounts above €500.00, with an absolute maximum of €2,000.00.
  • Late-payment interest in accordance with Article 5 of the Wet van 2 augustus 2002 betreffende de bestrijding van de betalingsachterstand bij handelstransacties (Belgian law of 2 August 2002 on combating late payment in commercial transactions), calculated from the due date of the invoice until the date of full payment. Late-payment interest is invoiced separately after the principal sum has been paid.

Rights of the consumer. The client has the right to request additional information about the invoice or a payment plan, to report any debt mediation, and to dispute the invoice received. To do so, the client must send DAP Dendervallei a written and reasoned communication within fourteen calendar days of receiving the first reminder. In that case, the collection procedure will be temporarily suspended by DAP Dendervallei and/or the debt collectors it has appointed until a solution is reached.

Invoice collection from businesses

For agreements with businesses, the statutory provisions on invoice collection in commercial transactions apply, including the provisions on interest due under Article 5 of the Wet van 2 augustus 2002 betreffende de bestrijding van de betalingsachterstand bij handelstransacties (Belgian law of 2 August 2002 on combating late payment in commercial transactions).

In the event of late payment by a business, a fixed compensation of 10% of the amount due is payable by operation of law and without prior notice of default, with a minimum of €50.00, plus fixed administrative costs of €12.50 per demand and any bank or transaction charges.

Late-payment interest

For both businesses and consumers, late-payment interest is only invoiced separately after the principal sum has been paid in full. This interest is calculated from the due date of the invoice until the date of actual payment.

38. Refunds to the client

If the client is entitled to a refund for services or materials not provided due to timely cancellation, force majeure, accepted returns, the right of withdrawal, etc., DAP Dendervallei will make the refund by transfer to the bank account number provided by the client. No transaction or administrative costs are charged for such refunds. The refund is made as soon as possible after a written notification from the client in this regard has been received, and at the latest within 30 days.

For sales agreements, DAP Dendervallei may withhold the refund until all goods have been recovered, or until the client has demonstrated that the goods have been returned, whichever comes first. The direct costs of any return of goods remain at the client's expense.

In accordance with Art. VI.83, 17° of the Wetboek Economisch Recht ("WER"), the client-consumer is entitled to compensation if DAP Dendervallei fails to fulfil its commitments. This amounts to €50.