General Terms and Conditions of EuroHorse Ridingshop VOF
The general partnership EuroHorse Ridingshop is registered with the Chamber of Commerce under number 57147558, located at the Pastoor van Angerenstraat 17A (7037 AH) in Beek (GL), hereinafter: EURO-HORSE.
Article 1 Definitions
- In these General Terms and Conditions, the following terms are used in the following sense, unless explicitly stated otherwise.
- Company: the natural or legal person acting in the exercise of their profession or business.
- Consumer: the natural person who is not acting in the exercise of their profession or business.
- Buyer: The Consumer or Company who enters into a (distance) agreement with the Seller.
- Seller: the supplier of rider and horse products to the Buyer, hereinafter referred to as: EURO-HORSE.
- Offer: Any offer to the Buyer to deliver Products by EURO-HORSE.
- Products: the products offered by EURO-HORSE are horse and rider related products such as care products and supplements, stable equipment, equestrian clothing, new and used saddles and harnesses.
- Agreement: the (sales) agreement that extends to the sale and delivery of products purchased by the Buyer from EURO-HORSE.
- Website: the website used by EURO-HORSE is https://www.euro-horse.nl.
Article 2 Applicability
- These General Terms and Conditions apply to every offer and every quotation of EURO-HORSE and every agreement between EURO-HORSE and a Buyer and to every product and/or service offered by EURO-HORSE. These General Terms and Conditions also apply to all agreements (services and products) with EURO-HORSE, for the execution of which third parties have to be involved.
- Before a (distance) agreement is concluded, the Buyer will have access to these General Terms and Conditions. If this is not reasonably possible, EURO-HORSE will indicate to the Buyer how they can view the General Terms and Conditions, which are in any case published on the EURO-HORSE website(s), so that the Buyer can easily store these General Terms and Conditions on a durable data carrier.
- In principle, it is not possible to deviate from these General Terms and Conditions. In exceptional situations, it is possible to deviate from the General Terms and Conditions if this has been explicitly agreed in writing with EURO-HORSE.
- These General Terms and Conditions also apply to additional, amended and follow-up agreements with the Buyer. The general and/or purchase conditions of the Buyer are explicitly not applicable.
- If one or more provisions of these General Terms and Conditions are partially or completely void or are annulled, the remaining provisions of these general terms and General Terms and Conditions will remain in force, and the void and annulled provision(s) will be replaced by a provision with the same purport as the original provision.
- Uncertainties about the content, explanation or situations that are not covered by these General Terms and Conditions must be assessed and explained in the spirit of these General Terms and Conditions.
Article 3 The Offer
- All offers made by EURO-HORSE are without obligation, unless explicitly stated otherwise in writing. If the offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An offer is only considered to be a quotation if it has been recorded in writing, an oral quotation is therefore never binding on EURO-HORSE.
- The quotations made by EURO-HORSE are without obligation. EURO-HORSE is only bound to the quotation if the acceptance thereof is confirmed in writing by the Buyer within fourteen days. Nevertheless, EURO-HORSE has the right to refuse an agreement with a potential Buyer for a reason that is justified for EURO-HORSE.
- The offer contains a complete and accurate description of the offered product and the corresponding prices. The description is so detailed that the Buyer can make a proper assessment of the offer. Obvious mistakes or errors in the offer cannot bind EURO-HORSE. Any illustrations and specific data in the offer are only an indication and cannot be a ground for any compensation or the dissolution of the (distance) agreement. EURO-HORSE cannot guarantee that the colours in the image correspond exactly to the real colours of the product.
- Delivery times in EURO-HORSE’s quotations are indicative and do not entitle the Buyer to dissolution or compensation if they are exceeded, unless explicitly agreed otherwise.
- A compound quotation does not oblige EURO-HORSE to deliver part of the goods included in the offer or quotation for a corresponding part of the quoted price.
- Offers or quotations do not automatically apply to repeat orders. Offers and quotations are only valid as long as stocks last and according to the principle “once it’s gone, it’s gone”.
- EURO-HORSE has the right to refuse orders without giving reasons. Such a refusal does not entitle the Buyer to compensation for damages or any other compensation for the refusal of the order.
Article 4 Conclusion of the agreement
- The agreement is concluded at the moment that the Buyer has accepted an Offer from EURO-HORSE.
- If the Buyer has accepted the Offer by concluding an agreement with EURO-HORSE, EURO-HORSE shall confirm the agreement with the Buyer in writing by e-mail.
- If the acceptance deviates (on minor points) from the offer included in the quotation or invoice, EURO-HORSE shall not be bound by it. The Buyer must pay the full offer or invoice, unless the Buyer can demonstrate in writing that it has been agreed otherwise.
- EURO-HORSE is not bound by an Offer if the Buyer could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or clerical error.
- The right of withdrawal is excluded for Companies. The right of withdrawal does not apply to a Consumer if the products are made available within the cooling-off period of 14 days and can be used immediately after purchase. Consumers can dissolve the agreement free of charge within 14 days, unless EURO-HORSE has incurred costs for the execution of the order, in which case the Client is obliged to pay these costs. Even if the Buyer has already used the products, the right of withdrawal is excluded in connection with the breaking of the hygienic seal and/or any shelf life, such as horse care products. If the Buyer has used the products and/or has made them dirty, sweaty or if they are otherwise damaged, costs will be charged for this.
- Customised products are excluded from the right of withdrawal. Customisation is understood to mean the special ordering of products at the request of the Buyer that are not offered in the (standard) range of EURO-HORSE.
- If the Buyer cancels all or part of the order, they are obliged to reimburse EURO-HORSE for all expenses reasonably related to the execution of the order (such as the costs of preparation, the shipping costs, the costs of orders from third parties, the storage, the commission), if agreed with EURO-HORSE.
Article 5 Extended transactions
- The Buyer may terminate an open-ended agreement for the regular delivery of products at any time, subject to a notice period of three months and the applicable termination rules.
- The agreement referred to in this article may be terminated by the Buyer in the same way as it was entered into by the Buyer.
- A fixed-term agreement for the regular delivery of products ends automatically after the last delivery.
- If an agreement lasts longer than one year, the agreement may be terminated at any time after one year by the Buyer with due observance of a notice period of three months, unless such termination before the end of the agreed term cannot be justified in reasonableness and fairness.
Article 6 Execution of the agreement
- EURO-HORSE shall execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
- If and insofar as required for the proper execution of the agreement, EURO-HORSE has the right to have certain work carried out by third parties at its own discretion.
- The Buyer shall ensure that all information that EURO-HORSE indicates as necessary or that the Buyer should reasonably understand that this is necessary for the execution of the agreement, is provided to EURO-HORSE in a timely manner. If the information required for the execution of the agreement is not provided to EURO-HORSE on time, EURO-HORSE has the right to suspend the execution of the agreement and/or to charge the Buyer for the additional costs resulting from the delay at the usual rates.
- EURO-HORSE is not liable for damage, of whatever nature, caused by EURO-HORSE’s reliance on incorrect and/or incomplete information provided by the Buyer, unless EURO-HORSE was aware of this incorrectness or incompleteness.
- If work is carried out by EURO-HORSE or third parties engaged by EURO-HORSE in connection with the order at the Buyer’s location or at a location designated by the Buyer, the Buyer will provide the facilities reasonably required by those employees free of charge.
- The Buyer indemnifies EURO-HORSE against any claims by third parties who suffer damage in connection with the execution of the agreement and which is attributable to the Buyer.
Article 7 - Recommendations
- If ordered, EURO-HORSE may draw up an advice or plan of approach for the provision of services. The content of this advice is not binding and is only advisory in nature, but EURO-HORSE will observe its duty of care. The Client will decide for itself and on its own responsibility whether to follow the advice.
- The advice provided by EURO-HORSE, in whatever form, is never to be regarded as binding advice.
- The Client is obliged at the first request of EURO-HORSE to evaluate proposals provided by it. If EURO-HORSE is delayed in its work because the Client does not or not in a timely manner evaluate a proposal made by EURO-HORSE, the Client is at all times responsible itself for the consequences that this entails, such as delay.
- The nature of the services entails that the result is at all times dependent on external factors that can influence advice from EURO-HORSE, such as the quality, accuracy and timely delivery of required information and data from the Client. The Client is responsible for the quality and for the timely and correct supply of the required data and information.
Article 8 Saddle service
- EURO-HORSE may offer and/or perform saddle fitting services at the client's location if ordered to do so.
- If a saddle consultation has led to the purchase of a (used) saddle, the following consecutive saddle consultation will be free of charge once.
- The Buyer must make an appointment for this with EURO-HORSE. This appointment can be changed or cancelled up to 48 hours in advance. After this, costs will be charged for the reserved appointment.
- If the Buyer wishes to purchase a specific product, they must indicate this in advance so that EURO-HORSE can reserve this product if necessary.
Article 9 - Young horse plan and rehabilitation plan
- If Client is in possession of a young horse or if Client needs to rebuild his horse after an injury or gestation, EURO-HORSE can provide assistance in finding a suitable saddle.
- Before EURO-HORSE starts providing services, an initial appointment will be made. During the first appointment, the horse will be introduced and the Client must report all circumstances that are or may be of interest including any points and priorities for which the Client wishes attention. Next, a custom mold will be made and, based on the mold, EURO-HORSE will look for a suitable used saddle. If the horse is still green, the horse should be used to wearing a saddle and cinch.
- In addition to purchasing a suitable used saddle, Customer must purchase the young horse plan or rehabilitation plan. This package assures Client that EURO-HORSE will make three appointments to inspect the horse and saddle. This ensures that the horse will always have a saddle that fits despite growth in height, width, weight and musculature.
- If during an appointment it appears that the saddle no longer fits, the saddle can be exchanged in consultation with EURO-HORSE and possibly for an additional fee.
- The depreciation costs of the saddle are a fixed amount per day with normal use. In case of improper use or damage, the costs may be higher.
- In case of sale or removal within the Netherlands, Flanders and the border region of Germany (the working area of EURO-HORSE), the young horse plan and rehabilitation plan remain in force. If the sale or the removal takes place outside of these regions, the young horse plan or the rehabilitation plan will become null and void. This also applies if the horse dies or if the horse has become unfit to ride. In such cases, the Customer is never entitled to a refund of money already paid. However, in consultation with EURO-HORSE, the Client does have the possibility to use the young horse plan or rehabilitation plan for a new horse if the last sold saddle is present and in good condition for trade-in.
Article 10 Repair
- If desired, the Parties can agree that EURO-HORSE will carry out repairs. The conditions and possibilities must be discussed with EURO-HORSE in advance.The scope of the repair extends to what has been explicitly agreed upon by the parties. EURO-HORSE will inform the Client of all circumstances that may be of influence.
- The Client is obliged to report any defects or errors (in writing) to EURO-HORSE, after which EURO-HORSE will repair the defects and/or make improvements as soon as possible and to the best of its ability in accordance with its usual procedures. If desirable, EURO-HORSE is entitled to first introduce temporary solutions, after which a structural solution can be devised and implemented in consultation with the Client.
- The Client is obliged to provide its cooperation to EURO-HORSE at the first request.
Article 11 Exchange of saddle
- EURO-HORSE offers its customers the possibility to exchange saddles during the saddle consultation, as long as they are in good condition. It is at the sole discretion of EURO-HORSE to determine the value of the saddle. Based on this value, the customer can buy another saddle, new or used, whether or not for an additional fee.
- If, within one year after the saddle consultation, it appears that the saddle in question does not fit the horse well, the customer may exchange the saddle for the current value for another saddle, or buy a more expensive saddle against payment.
Article 12 Delivery
- Delivery takes place from the warehouse of EURO-HORSE where the ordered goods are stored. When stating delivery terms, EURO-HORSE assumes that there are no facts or circumstances that stand in the way of timely delivery. If the products are in stock, the expected delivery period is five days if the delivery address is in the Netherlands. (Anticipated) exceedances of the stated delivery times will be reported to the Buyer as soon as possible. If products are not in stock, they will be delivered within a period of at least 8 to 12 weeks. If saddles are not in stock, they will be delivered within a maximum period of 14 months.
- If the start, progress or completion/delivery of the products or services is delayed because, for example, the Buyer has not provided all requested information or has not provided it on time, does not cooperate sufficiently, has not made the (down) payment on time or due to other circumstances, which are for the account and risk of the Buyer, EURO-HORSE is entitled to a reasonable extension of the completion/delivery period. All agreed completion/delivery periods are never final deadlines and exceeding them does not entitle the Buyer to compensation. The Buyer must give EURO-HORSE written notice of default and allow it a reasonable period in which to still be able to deliver. Under no circumstances will the terms given be final deadlines.
- The Buyer is obliged to take delivery of the goods at the moment they are made available to them in accordance with the agreement. The costs of shipment within the Netherlands and Belgium shall be borne by the Buyer if the order amounts to 105.00 euros (incl. VAT). For orders above this amount, no shipping costs will be charged. The current shipping costs for shipping to foreign countries are listed on https://www.euro-horse.nl.
- For some products, different delivery times and shipping costs may apply. This is clearly and unambiguously stated with the product.
- If the Buyer refuses to take delivery, or for whatever reason does not take delivery or is negligent in providing information or instructions necessary for the delivery, EURO-HORSE is entitled to store the goods at the expense and risk of the Buyer. This may also include administration costs.
- If the goods are delivered by EURO-HORSE or an external carrier, EURO-HORSE is entitled to charge the Buyer for delivery costs, unless agreed otherwise in writing. These deliveries take place up to the front door unless explicitly agreed otherwise.
- Insofar as it has been agreed that delivery and placement must take place at the location of the Buyer, this will take place entirely at the risk of the Buyer, regardless of what has been agreed for the calculation of the delivery costs.
- If EURO-HORSE requires information from the Buyer within the framework of the execution of the agreement, the delivery period commences after the Buyer has made this information available to EURO-HORSE.
- EURO-HORSE is entitled to deliver the goods in parts, unless this has been deviated from by agreement or the partial delivery does not have any independent value. EURO-HORSE is entitled to invoice the delivered goods separately.
- Deliveries will only be made if all invoices have been paid for which the payment period of 14 days has expired unless otherwise agreed.
- EURO-HORSE reserves the right to demand a down payment, or to refuse a delivery if there is a well-founded fear of non-payment.
- EURO-HORSE undertakes towards the client to pack the goods to be delivered properly and to secure them in such a way that they reach their destination in good condition with normal use.
Article 13 Inspection and complaints
- The Buyer is obliged to inspect or have inspected the goods delivered at the time of delivery, but in any case within seven days of receipt of the goods delivered, but only to unpack or use them to the extent necessary to be able to assess whether or they will retain the product. In doing so, the Buyer must examine whether the quality and quantity of the delivered goods are in accordance with the agreement and whether the products meet the requirements that apply to them in normal (commercial) transactions. The Buyer may only handle and inspect the product as they would do in a shop.
- The Buyer is obliged to investigate how the product is to be used and, if used, to test the product in accordance with the instructions for use. EURO-HORSE accepts no liability whatsoever for the incorrect use of the product by the Buyer.
- Any visible defects or shortages must be reported to EURO-HORSE in writing within seven calendar days after delivery at [email protected]. If such a defect is not reported to EURO-HORSE within this period, the right to complain about visible defects lapses. In the event of damage to the product due to handling by the Buyer, the Buyer is liable for any reduction in the value of the product.
- Invisible defects are those defects that the Buyer has not discovered during a thorough inspection of the goods received and that they could not reasonably have discovered, and must be reported to EURO-HORSE in writing immediately after the discovery of that defect. If no immediate complaint is made with regard to discovered invisible defects, the Buyer’s right to complain with regard to those defects lapses.
- If the Buyer uses their right to complain, they will have to prove the defect, stating their reasons and submitting relevant evidence, if requested to do so by EURO-HORSE to check the submitted complaints.
- Complaints with regard to a part of the delivered goods can never be a reason to reject the entire delivery.
- The Buyer may not return any delivered goods, except for a written correct complaint assessed by EURO-HORSE and prior written permission from EURO-HORSE to do so. Only unused and/or unopened products in the original packaging with the original price tag and/or sticker attached can be taken back. The costs of return are for the account of the Buyer. Sealed shelf-life and hygienic products cannot be returned after the seal has been broken.
- Refunds to the Buyer will be processed as soon as possible. The shipping costs are at the expense and risk of the Buyer and will not be reimbursed. The Buyer will receive a credit note for the value of the returned product at the latest on the tenth working day after receipt of the return shipment. A condition for repayment is that the Buyer has first fulfilled all obligations towards EURO-HORSE.
Article 14 Prices
- During the period of validity of the offer, the prices of the products offered shall not be increased, except if there are changes in VAT rates.
- The prices quoted in the offer include VAT for consumers. Prices for companies are exclusive of VAT. Shipping and any transport and packaging costs and administration costs are not included in the price, unless otherwise agreed.
- If after the conclusion of the agreement, but before the agreed date of delivery, the prices of auxiliary materials, raw materials, parts, wages or other price-determining factors have changed, EURO-HORSE is entitled to adjust the offer price accordingly, but not before three months have elapsed since the conclusion of the agreement. The provisions of the previous sentence are without prejudice to EURO-HORSE’s right to pass on price increases in accordance with laws and regulations at all times and to increase the offer price accordingly.
- Price increases that are the result of additions and/or changes to the agreement will be at the expense of the Buyer.
- EURO-HORSE will provide the Buyer with a specified invoice relating to the agreement as a result of the order placed.
Article 15 Payment and collection policy
- The Buyer must pay the amount due within the agreed term of payment. If no term has been agreed, the Buyer must pay before or on the date the goods are delivered. Objections to the amount of the invoices do not suspend the payment obligation and must be reported within 5 working days of the invoice date.
- The Buyer cannot derive any rights or expectations from an estimate issued in advance, unless the parties have explicitly agreed otherwise.
- The Buyer can make special price agreements regarding the payment of their order. The deadline for payment is 14 days after the invoice date, unless explicitly agreed otherwise.
- In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, EURO-HORSE’s claims against the Buyer are immediately due and payable.
- If agreed, the Buyer must pay the amount due in advance before EURO-HORSE commences the execution of the agreement.
- EURO-HORSE is entitled to use the payments made by the Buyer first to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the accrued interest. EURO-HORSE may, without being in default as a result, refuse an offer of payment if the Buyer indicates a different order of attribution. EURO-HORSE may refuse full repayment of the principal sum if the outstanding and accrued interest as well as the costs are not also paid.
- If the Buyer does not fulfil their payment obligation and has not fulfilled their obligation within the set term of payment, the Buyer will be in default. A Buyer, who is a Consumer, is only in default after the term of payment expired in the further notice of default.
- From the date on which the Buyer is in default, EURO-HORSE will, without further notice of default, claim the statutory (commercial) interest and Article 6:119a of the Dutch Civil Code from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the scale of the decision on compensation for extrajudicial collection costs of 1 July 2012.
- If EURO-HORSE has incurred more or higher costs which are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also at the expense of the Buyer.
Article 16 Retention of title
- All goods delivered by EURO-HORSE shall remain the property of EURO-HORSE until the Buyer has fulfilled all obligations under all agreements concluded with EURO-HORSE.
- The Buyer is not authorised to pledge or otherwise encumber the goods falling under the retention of title.
- If third parties seize the goods delivered subject to retention of title or wish to establish or assert rights to them, the Buyer is obliged to inform EURO-HORSE of this as soon as may reasonably be expected.
- In the event that EURO-HORSE wishes to exercise its property rights as referred to in this article, the Buyer hereby gives their unconditional and irrevocable permission to EURO-HORSE or third parties to be appointed by EURO-HORSE to enter all the places where EURO-HORSE’s property is located and to (also) take these goods back without delay and without any authorisation or consent from the Buyer or any judicial body.
- EURO-HORSE has the right to retain the product(s) purchased by the Buyer if the Buyer has not (fully) fulfilled their payment obligations, despite an obligation to transfer or hand over EURO-HORSE. This also applies in case of bankruptcy of the Buyer. After the Buyer has fulfilled their obligations, EURO-HORSE will deliver the purchased products to the Buyer as soon as possible, but no later than 10 working days.
- Costs and other (consequential) damage as a result of the retention of the purchased products will be for the account and risk of the Buyer and will be reimbursed to EURO-HORSE by the Buyer upon first request.
Article 17 Guarantee
- EURO-HORSE guarantees that the products comply with the agreement, the specifications stated in the offer, usability and/or soundness and the legal rules and/or regulations at the time of the conclusion of the agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly reported this use to the seller in writing at the time of entering into the agreement.
- Every guarantee applies to the scope and for a period that corresponds to the manufacturer’s guarantee of the supplier of EURO-HORSE. EURO-HORSE is never responsible for the suitability of the products for each individual application by the Buyer and for (advice on) the use or application of the products in individual cases.
- If the goods to be delivered do not comply with these guarantees, EURO-HORSE will replace or repair the goods within a reasonable period of time after receipt thereof, if return is not reasonably possible, after written notification of the defect by the Buyer, at EURO-HORSE’s discretion. In the event of replacement, the Buyer undertakes now to return the replaced item to EURO-HORSE and to transfer ownership to EURO-HORSE if requested to do so by EURO-HORSE. The return of products is at the expense of the Buyer.
- The guarantee mentioned for this purpose does not apply if the defect has arisen as a result of injudicious or improper use or if, without written permission from EURO-HORSE, the Buyer or third parties have made changes or attempted to make changes to the product or have used it for purposes for which the products is not intended, or are exposed to abnormal circumstances or have dealt with it in a way that is contrary to the instructions of EURO-HORSE.
- If the guarantee provided by EURO-HORSE concerns a product produced by a third party, the guarantee is limited to the guarantee provided by the producer of the product. EURO-HORSE points out that some products have a limited shelf-life. The Buyer must take into account this shelf life within which the quality and safety of the product can be guaranteed in accordance with the manufacturer’s guarantee. The Buyer must also adhere to the maximum dosage.
- In the case of second-hand products, in principle no guarantee is offered, unless explicitly agreed otherwise. Any terms and conditions of guarantee are expressly laid down.
Article 18 Suspension and dissolution
- EURO-HORSE is authorised to suspend the fulfilment of the obligations or to dissolve the agreement if the Buyer does not fulfil or does not fully fulfil their (payment) obligations arising from the agreement.
- Furthermore, EURO-HORSE is authorised to dissolve the agreement(s) existing between itself and the Buyer, insofar as this/these has/have not yet been carried out, without judicial agreement, if the Buyer does not timely or properly fulfil their obligations under any agreement concluded with EURO-HORSE, as well as in the event of bankruptcy or suspension of payments of the Buyer or in the event of the closing down or liquidation of the Buyer’s company.
- Furthermore, EURO-HORSE is authorised to dissolve the agreement (or have it dissolved) without prior notice of default if circumstances arise of such a nature that fulfilment of the agreement is impossible or can no longer be demanded according to the standards of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered maintenance of the agreement can no longer be demanded in all reasonableness.
- If the agreement is dissolved, EURO-HORSE’s claims against the Buyer are immediately due and payable. If EURO-HORSE suspends the fulfilment of its obligations, it retains its rights under the law and the agreement.
- EURO-HORSE shall at all times retain the right to claim damages.
Article 19 Limitation of liability
- If the execution of the agreement by EURO-HORSE leads to liability of EURO-HORSE towards the Buyer or third parties, this liability is limited to the costs charged by EURO-HORSE in connection with the purchase agreement (invoice), but only in respect of direct damage. Direct damage is understood to mean reasonable costs incurred to limit or prevent direct damage, the determination of the cause of damage, the direct damage, the liability and the method of repair as well as the costs of emergency facilities. The liability is in any case further limited to the maximum amount of damage that is paid out by the insurance company per event per year.
- EURO-HORSE’s liability is further limited to the free repair of a defective item or the replacement of that item - or a part thereof - at the discretion of EURO-HORSE.
- EURO-HORSE is not liable for consequential damage, indirect damage, trading loss, loss of profit and/or loss, missed savings, damage due to business interruption and damage as a result of the use of products and services supplied by EURO-HORSE.
- EURO-HORSE is not liable for damage that is or may be the result of any act or omission as a result of (imperfect and/or incorrect) information on the website(s) or that of linked websites.
- EURO-HORSE is not liable for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason.
- EURO-HORSE does not guarantee the correct and complete transmission of the contents of and by or on behalf of EURO-HORSE e-mail, nor the timely receipt thereof.
- EURO-HORSE explicitly rejects all liability and claims of the Buyer and/or third parties whose (care) horse and/or pony has suffered (physical) damage as a result of the use of the products, except for intent or deliberate recklessness on the part of EURO-HORSE. The products must only be used in accordance with the user instructions included.
- Any advice given by EURO-HORSE on the use of the products is of a general and non-binding nature only. Each Buyer is responsible for assessing whether the product is suitable for their animal in the given circumstances. In case of doubt, the Buyer’s veterinarian should be contacted for an assessment of the use in the specific case.
- All claims by the Buyer and/or the User due to shortcomings on the part of EURO-HORSE will lapse if they have not been reported to EURO-HORSE in writing and with reasons within 6 (six) months after the Buyer and/or the User became aware or could reasonably have become aware of the facts on which they base their claims.
Article 20 Transfer of risk
The risk of loss of or damage to the products that are the subject of the agreement shall pass to the Buyer at the moment they are actually delivered to the Buyer and are thus placed under the control of the Buyer or of third parties to be appointed by the Buyer.
Article 21 Force majeure
- EURO-HORSE shall not be liable if, as a result of a situation of force majeure, it is unable to fulfil its obligations under the agreement, nor can it be obliged to fulfil any obligation, if it is hindered to do so as a result of a circumstance that is not attributable to it, and for which it is not responsible by virtue of the law, a legal act or generally accepted standards.
- Force majeure is in any case understood to mean, but is not limited to what is understood in this respect by law and jurisprudence, (I) force majeure of suppliers of EURO-HORSE, (II) the improper fulfilment of obligations of suppliers prescribed or recommended by the Buyer to EURO-HORSE, (III) defectiveness of goods, equipment, software or materials of third parties, (IV) government measures, (V) electricity failure, (VI) failure of internet, data network and telecommunication facilities (e.g. caused by cyber criminality and hacking), (VII) natural disasters, (VIII) war and terrorist attacks, (IV) general transport problems, (X) strikes in the business of EURO-HORSE, (XI) seizure of any nature and reason whatsoever and (XII) other situations which, in the opinion of EURO-HORSE, fall outside its sphere of influence which temporarily or permanently prevent the fulfilment of its obligations.
- EURO-HORSE is entitled to invoke force majeure if the circumstance that prevents (further) fulfilment occurs after EURO-HORSE should have fulfilled its obligation.
- The parties may suspend the obligations under the agreement for the duration of the force majeure. If this period lasts longer than two months, either party is entitled to dissolve the agreement, without any obligation to pay damages to the other party.
Article 22 Intellectual Property Rights
- All intellectual property rights and copyrights of EURO-HORSE belong exclusively to EURO-HORSE and are not transferred to the Buyer.
- The Buyer is prohibited from disclosing and/or multiplying, modifying or making available to third parties all documents that are subject to EURO-HORSE’s IP rights and copyrights without EURO-HORSE’s express prior written consent. If the Buyer wishes to make changes to goods delivered by EURO-HORSE, EURO-HORSE must explicitly agree to the intended changes.
- The Buyer is prohibited from using the products that are subject to EURO-HORSE’s intellectual property rights in any way other than as agreed in the agreement.
Article 23 Privacy, data processing and security
- EURO-HORSE will handle the (personal) data of the Buyer and Users of the website(s) with care and will only use them in accordance with the privacy statement. If requested, EURO-HORSE will inform the data subject thereof. Questions about the processing of personal data and further information can be sent by e-mail to [email protected].
- If EURO-HORSE has to take security measures on the basis of the agreement, these security measures will comply with the agreed specifications and a security level that is not unreasonable in view of the state of the art, the sensitivity of the data and the associated costs.
Article 24 Complaints
- If the Buyer is not satisfied with the service or products of EURO-HORSE or otherwise has complaints about the purchase agreement, the Buyer is obliged, without prejudice to Article 6 of these General Terms and Conditions, to report these complaints as soon as possible, but at the latest within eight days after the relevant reason that led to the complaint. Complaints can be reported via [email protected] with the subject “complaint”.
- The complaint must be sufficiently substantiated and/or explained by the Buyer in order for EURO-HORSE to be able to handle the complaint.
- EURO-HORSE will respond to the content of the complaint as soon as possible, but at the latest within 5 working days after receipt of the complaint.
- The parties will try to find a solution together.
Article 25 Applicable law
- Any agreement between EURO-HORSE and the Buyer shall be governed by Dutch law. The applicability of the (CISG) Vienna Sales Convention is explicitly excluded.
- EURO-HORSE has the right to amend these General Terms and Conditions unilaterally at any time.
- The Dutch text of the General Terms and Conditions shall prevail in the case of translations of the General Terms and Conditions.
- All disputes arising from or as a result of the agreement between EURO-HORSE and the Buyer shall be settled at the competent court in Gelderland, Arnhem location, unless provisions of mandatory law stipulate otherwise.
Beek, 4 may 2022
Printing and typesetting errors reserved.