Equi-plan® International Terms and Conditions of Sale


This Agreement contains the Terms and Conditions that apply to your ("Customer") order/purchase from Equi-plan®. By ordering/purchasing products from Equi-plan®, Customer agrees to be bound by and accepts these Terms and Conditions.

1. Governing Law:

This Agreement and any sales thereunder, including but not limited to, retail and wholesale orders/purchases via the Equi-plan® website and by phone, shall be deemed to have been made in the State of Niedersachsen, Germany, and shall be construed and interpreted according to the laws of the State of Niedersachsen and the applicable laws of Germany.

2. Payment Terms:

Payment must be issued to Equi-plan® in full prior to shipment of Customer's order. The property in the Goods shall remain in the Company until the Company has received payment in full for the Goods. If the Customer shall sell or otherwise dispose of the Goods before payment in full has been made to the Company the Customer shall in such case act on his own account and not as agent for the Company and shall hold all monies received by him from such sale or disposal in trust for the Company and shall on request furnish the Company with the names and addresses of the persons to whom such disposals have been made together with all necessary particulars to enable the Company to recover any outstanding sums due from such persons. So long as the property in the Goods shall remain in the Company, the Customer shall hold the goods as bailee for the Company and store the Goods so as to clearly show to be the property of the Company, and the Company shall have the right, without prejudice to the obligations of the Customer to purchase the Goods, to retake possession of the goods (and for that purpose to go upon any premises occupied by the customer). Nothing in this clause shall confer any right upon the Customer to return the Goods. The Company may maintain an action for the price not withstanding that property in the Goods shall have vested in the Customer.

3. Shipping Charges:

Customer must pay a separate fee for Shipping. The "Shipping" charge comprises both the cost of shipment and associated costs.

4. Order Cancellation:

    - If you cancel your order BEFORE it is shipped, you will be assessed no fees before your refund is issued. (***Please note that orders are processed immediately after being placed, and most ship same day.***)

    - If you cancel your order AFTER it is shipped, please follow our Return Policy below. The cancellation will have to be treated as a Return.

    - Orders which are REFUSED AT DELIVERY will be assessed applicable fees, including shipping cost (to the destination address and back to Equi-plan®).

5. Order Return:

If for any reason a product is not satisfactory, it may be returned for a full credit subject to the following stipulations:

All unopened products can be returned within 14 days of the shipping date. Please enclose copy of invoice. Return shipping is the responsibility of the customer. If the product is found to be defective, a shipping credit will be provided to Customer. Opened or partially used foodproducts are not returnable unless a problem exists with the quality of the product. Since Equi-plan® does not specifically formulate for taste, smell, consistency, color or other factors unrelated to healthful nutrition, these factors would not be considered a quality issue justifying credit for the return of opened or partially used products. Inspect all shipments upon arrival. If you discover damage, please notify the carrier. Be sure to save the damaged packages in their original condition until any claim is settled.

6. Changes:

Equi-plan® regularly improves its products. Equi-plan® may alter and discontinue its products at any time without notice or limitation.

7. Limitation of Liability:

Customer agrees that for any liability related to the purchase of Equi-plan® products, Equi-plan® is not liable or responsible for any amount of damages above the aggregate Euro amount paid by customer for the products.

8. Dispute Resolution:

This agreement shall be governed by, interpreted by, and construed in accordance with the laws of the State of Niedersachsen. In the event of a dispute, Customer agrees to first enter into a good faith negotiation with Equi-plan®. The good faith negotiation shall commence by each party communicating their position in writing regarding the complaint, claim, dispute, or controversy to the other party, and how the parties should resolve the dispute. The parties shall then make good faith efforts to negotiate a resolution of the claim, dispute, or controversy. Neither party shall commence a court action unless and until the good faith negotiation fails. In the event that the good faith negotiation fails and a court action commences, it shall take place in the venue and under the exclusive jurisdiction of the applicable court(s) in nearest proximity to Hannover, Niedersachsen, Germany.

Equi-plan® Terms and Conditions of Sale -- Effective Date: 1/1/2012