General terms and conditions

GENERAL TERMS AND CONDITIONS OF SALE (B2C)

(version 01/2024)

1. GENERAL

1.1. GLOBAL INTERNATIONAL PRODUCTS NV, a Belgian company with registered office at Pont West 106, 9600 Ronse (Belgium), and registered at the Belgian Crossroads Bank for Enterprises under the number 0828.536.782 (hereinafter: "GIP"), has as main activity the development and sale of (luxury) products for horses and dogs.

1.2. Unless otherwise agreed in writing, these general terms and conditions (hereinafter: “GT&C”) apply to every offer on the website “www.kentucky-horsewear.com", to every order confirmation of GIP, and to every purchase agreement between GIP and a consumer (within the meaning of article I.1., 2° of the Belgian Code of Economic Law) (hereinafter: the “Buyer”).

1.3. Before placing an order for the delivery of goods, the Buyer shall be informed of these GT&C. By placing the order, the Buyer declares to agree with the content and applicability of these GT&C, the language in which they are drawn up and acknowledges having duly taken note of the GT&C in advance.

1.4. GIP may amend these GT&C at any time, with the understanding that the amended GT&C shall only apply to the orders placed by the Buyer after the publication or notification of the new version.

1.5. If GIP decides not to invoke certain clauses of these GT&C, this does not in any way result in a waiver of this clause or of the present GT&C in their entirety, as such a waiver must be expressly confirmed in writing.

2. ORDERS

2.1. Unless otherwise agreed in writing, all provisions or prices stated in an offer from GIP are only valid if the offer is accepted in full by the Buyer.

2.2. An order for the delivery of goods is valid and only binds GIP in the event that GIP subsequently confirms this order (by e-mail or otherwise) in writing or executes the order by means of delivery of the goods. GIP is entitled to refuse an order on objective grounds or for legitimate reasons, in particular if (i) the Buyer still has outstanding debts towards GIP and (ii) the ordered good ar no longer in stock.

2.3. After confirmation of the order by GIP and, if applicable, after the expiration of the Buyer’s withdrawal period (as provided in article 6 of these GT&C), an order cannot be modified or cancelled by the Buyer. However, GIP can expressly allow in writing that an order can be cancelled by the Buyer (if applicable with the right to claim compensation for any actual damages incurred by GIP). GIP can also allow in writing a modification to the order, whereby GIP reserves the right to postpone its initial delivery period and/or to adjust the quoted price as a result of the (accepted) change in the order. A request to change or cancel the order will only be considered by GIP if this is notified in writing to GIP at the following e-mail address: [email protected]

3. PRICE

3.1. Unless otherwise agreed in writing, the prices and rates applicable to the order are those in force at the time the Buyer places the order.

3.2. The prices will be showed to the Buyer including all applicable taxes (such as VAT) and including the delivery and packaging costs, which will be communicated to the Buyer at the latest at the time of placing the order. For goods delivered and imported to a Buyer located outside the European Union (EU), customs or additional duties/levies may apply. Any such customs or additional duties/levies shall be borne by the Buyer. It is the responsibility of the Buyer to inquire about and comply with any applicable customs regulations and associated costs.

3.3. The prices can be shown in euros (EUR) and US dollar (USD).

4. PAYMENT

The Buyer shall make an immediate and full payment for the goodswhen placing the order. To this end, the Buyer must pay the amounts due via the payment method chosen (online) on the website “https://www.kentucky-horsewear.com”.

5. DELIVERY AND RISKS

5.1. Unless otherwise agreed in writing, the delivery of the goods will take place at the address provided by the Buyer. The risk of loss and damage to goods is transferred to the Buyer as soon as the Buyer (or the third party designated by the Buyer) has taken physical possession of the goods.

5.2. GIP will deliver the goods at the specified time communicated to the Buyer when placing the order. If GIP is unable to deliver the goods within the agreed period - without this being attributable to the Buyer or force majeure - GIP will notify the Buyer in writing. In that case, the Buyer shall grant an extension of the delivery period adapted to the specific circumstances. If GIP does not deliver the goods within the additional term, the Buyer has - without prejudice to the right of withdrawal (as provided in article 6 of these GT&C) - the right to cancel the order without any compensation, whereby GIP will refund the amounts already paid by the Buyer. If GIP fails to meet the delivery deadline(s), the Buyer is not entitled to claim ans comensation under any cirsumstances.

5.3. Delivery (and invoicing) of goods in different parts are, insofar as they have an independent value, possible and cannot give rise to complaints by the Buyer.

6. RIGHT OF WITHDRAWAL

6.1. If the purchase agreement was concluded at a distance (within the meaning of Article I.8, 15° of the Belgian Code of Economic Law) or outside GIP's business premises (within the meaning of Article I.8, 31° of the Belgian Code of Economic Law), the Buyer has a right of withdrawal for a period of fourteen (14) calendar days, without giving a reason.

6.2. The period of fourteen (30) calendar days starts from the moment the Buyer acquires physical possession of all the goods.

6.3. During the withdrawal period, the Buyer will handle the goods and the original packaging with care. The Buyer must ensure that the goods remain in their original condition and will only unpack or use the goods to the extent necessary to establish the nature, characteristics and proper functioning of the goods, failing which the Buyer loses its right of withdrawal.

6.4. The Buyer may exercise the right of withdrawal by either (i) completing and sending the model withdrawal form (attached to these GT&C) or (ii) by sending another unambiguous statement to GIP in which the Buyer declares to make use of the right of withdrawal. GIP will confirm receipt of the exercise of the right of withdrawal on a durable data carrier as soon as possible.

6.5. In order to comply with the withdrawal period, it is sufficient for the Buyer to send the notification regarding the exercise of the right of withdrawal to GIP before the withdrawal period has expired. Goods that are returned by the Buyer without prior notice do not constitute a legally valid exercise of the right of withdrawal.

6.6. There are no additional costs associated with exercising the right of withdrawal and no reason has to be given by the Buyer. The costs for returning the goods are at the expense of the Buyer. The Buyer shall return the goods in their original packaging and all accessories to GIP's registered office within a period of fourteen (14) calendar days after the Buyer has unambiguously informed GIP that it wishes to make use of its right of withdrawal. The shipping date counts as verification.

6.7. The payments already received by GIP will be refunded to the Buyer after receipt of the returned goods or at the time when the Buyer proves that the goods have indeed been returned (whichever occurs first). The Buyer shall be liable for any depreciation resulting from the handling of the goods beyond what was necessary to establish the nature, characteristics and proper functioning of the goods. GIP has the right not to refund the depreciation upon receipt of damaged or incomplete goods.

7. WARRANTY

7.1. Guarantee of conformity

7.1.1. The Buyer, or the person acting on the Buyer’s behalf, must verify the nature, the quantity and the condition of the goods ordered immediately upon receipt. The use (aside the use for inspecting the conformity) or resale of the goods deprives the Buyer of the right to report a complaint due to a lack of conformity.

7.1.2. GIP is liable to the Buyer for any lack of conformity that exists in the delivery of the goods and that manifests itself within a period of two (2) years from the aforementioned delivery.

7.1.3. The Buyer must report all complaints due to the alleged lack of conformity, under penalty of forfeiture of its rights, to GIP, within two (2) months from the day on which the Buyer has discovered the lack of conformity. To be considered, a complaint by the Buyer must be accompanied by evidence (such as photographs) that clearly illustrates the lack of conformity.

7.1.4. In addition, the Buyer must (subsequently) bring all claims due to lack of conformity, under penalty of forfeiture of its rights, within the prescription period of one (1) year starting from the day on which the Buyer has discovered the lack of conformity.

7.1.5. GIP is not liable if GIP can prove that the lack of conformity is the result of any fault or negligence attributable to the Buyer, such as the incorrect use or careless storage of the goods by the Buyer.

7.2. Warranty for hidden defects

Hidden defects are understood to mean defects in the goods which, although they already exist at the time of the order, are not visible to the Buyer after the delivery and render the goods unsuitable for its intended use. After the expiry of the (legal) guarantee of conformity (as foreseen in article 7.1), GIP warrants the Buyer for hidden defects, under the following conditions:

- The warranty only applies if the Buyer can prove that the goods are affected with hidden defects;

- The warranty does not cover erroneous, inappropriate, abnormal, unauthorized or unsupported usage of the goods by the Buyer;

- The warranty does not cover a level of performance desired by the Buyer;

- The warranty does not cover defects in the goods resulting from normal wear and tear or lack of maintenance of the goods;

- The warranty does not cover defects due to the negligent storage of the goods by the Buyer or any other fault or negligence attributable to the Buyer;

- The hidden defect will be notified to GIP within two (2) months from the day on which the Buyer has discovered the hidden defect;

- In addition, the Buyer must (subsequently) bring all claims for hidden defects, under penalty of forfeiture of its right, within the period of one (1) year, starting from the day on which the Buyer has discovered the hidden defect.

7.3. Remedies

7.3.1. If the lack of conformity or hidden defect is effectively established by GIP and the conditions for warranty have been met, the Buyer may request the repair or the replacement of the defective goods free of charge. The warranty is suspended during the period required for the repair or replacement of the goods. After the repair or replacement, the warranty period that has already started starts to run again until the end of the warranty period.

7.3.2. If the remedy chosen by the Buyer would be impossible to execute or would entail disproportionate costs for GIP, the Buyer may request an appropriate reduction of the price or request the termination of the purchase agreement (in the latter case the Buyer will return defective goods to GIP, and GIP will refund the price without this giving rise to further compensation for the Buyer).

7.3.3. The costs for an aforementioned return will be borne by GIP, but the Buyer cannot carry out any return without the prior written consent of GIP. After approval by GIP, the goods must be returned immediately by the Buyer. This approval can in no way be considered as an admission of GIP's liability.

8. LIABILITY

8.1. Notwithstanding the statutory rules regarding product liability, GIP shall - except in the case of fraud or willful misconduct - not be liable to compensate the Buyer for any form of immaterial, indirect or consequential damages, including, but not limited to loss of profit, loss of income, missed or lost opportunities or any claims of third parties.

8.2. Notwithstanding the statutory rules regarding product liability, the total liability of GIP for each claim shall - except in the case of fraud or willful misconduct – not exceed the price of the goods ordered by the Buyer.

8.3. GIP cannot be held liable for damages resulting from error or negligence attributable to the Buyer or of any person for whom the Buyer is responsible.

9. DATA PROTECTION

9.1. The Buyer acknowledges and agrees that GIP receives and processes personal data (such as name, address, location information, email, phone number, financial information, etc., which may directly or indirectly identify a natural person) from the Buyer.

9.2. GIP is the data controller for the personal data mentioned in article 9.1. Whenever the processing of personal data is required in the context of the execution of the order, GIP will comply with the European Regulation 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (abbreviated as "General Data Protection Regulation" or "GDPR"), as well with the law of 30 July 2018, regarding the protection of natural persons in relation to the processing of personal data, including all applicable regulations for its implementation.

9.3. The Buyer can access comprehensive information about the personal data collected by GIP, including the reasons for collection, the duration of storage, the Buyer's rights, and how to exercise them, through GIP's privacy policy available at: www.kentucky-horsewear.com/us-en/privercy-policy/.

10. FORCE MAJEURE

10.1. Force majeure shall mean any act beyond the control of the parties, which the parties could not reasonably have foreseen or avoided and which makes it impossible to perform their contractual obligations.

10.2. The following shall be non-exclusively deemed to be situations of force majeure: acts of authorities, explosions, civil unrest, telecommunication failures (including denial-of-service attacks and similar disruptions of internet connections), general strikes by its personnel or usual suppliers and transporters, fires, floods, natural disasters, wars, terrorism, epidemics, pandemics, roadblocks or obstructions, power or gas supply shutdowns, delays in deliveries, or deficiencies from GIP's suppliers, or any other cause beyond GIP's control.

10.3. In such event of force majeure, one party shall inform the other party of the situation of force majeure and of the immediate suspension of the obligations by operation of law and without this giving rise to any right to compensation on the part of the other party.

10.4. If the force majeure situation persists and lasts longer than a continuous period of six (6) months, each party shall be entitled to terminate the purchase agreement in writing, without prior judicial intervention and without being liable to pay damages to the other party.

11. SEVERABILITY

The invalidity or unenforceability (in full or in part) of one or more clauses of these GT&C shall not affect the validity or enforceability of the remaining clauses or that part of the clause which is not invalid or unenforceable, or the purchase agreement as a whole. In such a case, GIP and the Buyer will negotiate in good faith to replace the unenforceable or conflicting provision with an enforceable and valid provision that comes as close as possible to the purpose and scope of the original provision.

12. APPLICABLE LAW

The contractual relationshop between GIP and the Buyer is exclusively governed by Belgien law

13. COMPETENT COURT

When GIP brings a claim against the Buyer, it will be brought before the courts of the Buyer's place of residence. If the Buyer brings a claim against GIP, it will be brought before (i) the courts of the Buyer's place of residence or (ii) the courts of Ghent, division Oudenaarde.

14. ALTERNATIVE DISPUTE RESOLUTION

Without prejudice to the right of the Buyer to bring a claim directly before the competent court (as foreseen in article 13) the Buyer has also the option of filing a complaint via the European “Online Dispute Resolution” (“ODR”) platform specially dedicated to this purpose, which the Buyer can access via the following link: https://webgate.ec.europa.eu/odr. The Buyer is informed that this platform facilitated the settlement of disputes online and puts the Buyer in contact with the competent qualified entity.

APPENDIX 1

MODEL WITHDRAWAL FORM FOR THE BUYER

(Please only fill in and return this form if you wish to withdraw from the contract)

Attention to GLOBAL INTERNATIONAL PRODUCTS NV, with registered office at Pont West 106, 9600 Ronse (Belgium), (CBE number 0828.536.782), telephone number: , e-mail: [email protected].

- I/We (*) hereby notify (*) you of my/our (*) withdrawal from the contract concerning

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- Ordered on/received on (*) .........................................................................................................

- Name of the Buyer(s):

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- Address of the Buyer(s):

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-Date: .............................................................................................................................................

- Signature of the Buyer(s) (only if this form is forwarded on paper): ........................................................................................................................................................

(*) Delete what does not apply.