Terms & conditions
Article 1 – Definitions
In these general terms & conditions, the terms listed below have the following meaning:
- Cooling-off period: the period within which the consumer can exercise his right of withdrawal.
- Consumer: the natural person who is not acting in the exercise of a profession or business and a (distance) contract with the merchant.
- Business customer; the natural or legal person acting in the course of a profession or business and entering into an agreement with the merchant
- Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a period of time.
- Durable data carrier: any means that enables the consumer, business customer or merchant to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
- Merchant: the private limited company Our Saddlery B.V.
- Distance contract: an agreement under which, within the framework of a system organised by the merchant for the distance selling of products and/or services, up to and including the conclusion of the agreement, use is exclusively made of one or more means of distance communication.
- Technology for remote communication: means that can be used for concluding an agreement, without the consumer or business customer and the merchant being in the same room at the same time.
Article 2 – Identity of the entrepreneur
E-mail address: [email protected]
Article 3 – Scope of application
- These general terms and conditions apply to all quotations, requests and offers, as well as to every agreement for the supply of goods and services by Our Saddlery. Stipulations deviating from these general terms and conditions are only valid if expressly approved by Our Saddlery.
- Our Saddlery explicitly rejects the applicability of any other (purchase) terms and conditions of the consumer, the business customer or any other buyer, unless these terms and conditions or one or more provisions thereof have been explicitly accepted in writing by Our Saddlery.
- If a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer and/or business customer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the Our Saddlery and they will, at the request of the consumer and/or business customer, be provided as soon as possible free of charge.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer and/or business customer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent electronically at the request of the consumer and/or business customer in another way.
- Accepting an offer or placing an order implies that the consumer and/or business customer accepts the applicability of these general terms and conditions.
- If any provision of the agreement or these terms and conditions is null and void or is annulled, the other provisions will remain in full force and Our Saddlery and the consumer and/or business customer will consult on replacing the null and void provisions with a provision that as far as possible follows the purpose and purport of the original provision.
- Our Saddlery cannot by any act, announcement or commitment by an unauthorised employee or representative be deemed to have agreed to the terms and conditions used by the consumer and/or business customer or to a non-consensual amendment of these terms and conditions/the agreement, or tacitly deemed to have agreed to the terms and conditions used by the consumer and/or business customer or to a non-consensual amendment of these terms and conditions/the agreement.
- If more than one natural and/or legal person acts or behaves as a client, all are jointly and severally liable towards Our Saddlery.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer, failing which an offer will in any case have a period of validity not exceeding 30 days.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer and/or business customer. All data, models and images relating to colours, materials, sizes and finishes are indicative only. Deviations from these do not constitute grounds for rejection, discount, termination of the agreement or compensation if these deviations are of minor importance. Obvious mistakes or obvious errors in the offer do not bind Our Saddlery.
- Each offer contains such information that it is clear to the consumer and/or business customer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
– the price including/excluding taxes;
– any delivery costs;
– the manner in which the agreement will be concluded and which actions are necessary for this;
– whether or not the right of withdrawal applies;
– the method of payment, delivery and execution of the agreement;
– the period for acceptance of the offer, or the period within which Our Saddlery guarantees the price;
– whether the agreement is archived after conclusion, and if so how it can be consulted by the consumer and/or business customer;
– the way in which the consumer and/or business customer, before concluding the agreement, can check and if desired restore the data provided by him within the framework of the agreement;
– any other languages in which, in addition to Dutch, the agreement can be concluded;
– the minimum duration of the distance contract in case of a continuing performance contract.
Article 5 – Conclusion of agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer and/or business customer of the offer and compliance with the conditions attached thereto.
- If the consumer has accepted the offer electronically, Our Saddlery will immediately by electronic means confirm receipt of acceptance of the offer. The consumer and/or business customer can terminate the agreement as long as the receipt of this acceptance has not been confirmed by Our Saddlery.
- If the agreement is concluded electronically, Our Saddlery will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer and/or business customer can pay electronically, Our Saddlery will observe appropriate security measures.
- Our Saddlery can – within legal frameworks – ascertain whether the consumer and/or business customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If on the basis of this investigation, Our Saddlery has good reasons not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the performance thereof.
- Our Saddlery will send the consumer and/or business customer the following information with the product or service, in writing or in such a way that the recipient can store it in an accessible manner on a durable data carrier:
- The address of the Our Saddlery establishment where the consumer and/or business customer can address any complaints;
- the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information on guarantees and existing after-sales service;
- the data included in Article 4.3 of these general terms and conditions, unless Our Saddlery has already provided these data to the consumer and/or business customer prior to the performance of the agreement;
- the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
- In the case of a continuing performance contract, the provision in the previous paragraph will only apply to the first delivery.
Article 6 – Right of withdrawal
On the delivery of products:
- When purchasing products under a distance contract, the consumer has the option during 14 days to terminate the agreement without giving reasons. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated by the consumer and notified in advance to Our Saddlery.
- The consumer will handle the product and its packaging with care during the cooling-off period. The consumer will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, the consumer will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to Our Saddlery in accordance with the reasonable instructions provided by Our Saddlery.
On the delivery of services:
- On the delivery of services, the consumer has the option during at least 14 days of terminate the agreement, starting on the day of entering into the agreement, unless the service has already been performed or a start has already been made with the performance of the service.
- In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by Our Saddlery at the time of the offer and/or at the latest at the time of delivery.
Article 7 – Costs in case of right of withdrawal
- If the consumer exercises his right of withdrawal, the costs of returning the goods will be borne by the consumer.
- Our Saddlery will refund the purchase amount of the consumer without delay, but within 14 days following the day on which the consumer notifies Our Saddlery of the withdrawal. Unless Our Saddlery offers to collect the product, Our Saddlery may postpone the refund until it has received the product or until the consumer demonstrates that he has returned the product, whichever time is earlier. In making the refund, Our Saddlery will use the same payment method as used by the consumer, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
Article 8 – Exclusion of the right of withdrawal
- Our Saddlery may exclude the consumer’s right of withdrawal in the cases described in paragraphs 2 and 3 of this article.
- Exclusion of the right of withdrawal is only possible for products:
- which have been created by Our Saddlery in accordance with the consumer’s specifications;
- which are clearly personal in nature;
- which by their nature cannot be returned, such as nutritional supplements;
- which can deteriorate or age quickly;
- which have been packaged for hygienic reasons and whose seal has been broken;
- for loose magazines;
- for audio and video recordings and computer software where the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- of which the delivery has started with the explicit consent of the consumer before the cooling-off period has expired.
Article 9 – The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, Our Saddlery may offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which Our Saddlery has no control. These fluctuations and the fact that any prices quoted are recommended prices will be stated in the offer.
- Price increases within 3 months after conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions, except in the case of an agreement with a business customer. In that case, the prices may be unilaterally changed by the Our Saddlery, if the purchase prices have risen by more than 10% in the period between the conclusion of the agreement and its implementation.
- Price increases from 3 months after the conclusion of the agreement are only permitted if Our Saddlery has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
- The prices stated in the offer of products or services are inclusive of VAT for consumers and exclusive of VAT for business customers.
Article 10 – Compliance and warranty
- The entrepreneur guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and on the date of the conclusion of the agreement existing legal provision and/or Government regulations. If agreed the entrepreneurs also state that the product is suitable for other than normal use;
- A warranty by the entrepreneur, manufacturer, or importer does not alter the legal rights and claims that the consumer can assert under the agreement with the entrepreneur;
- Any defects or wrong products delivered must be reported in writing to the entrepreneurs 14 days/weeks after delivery. Return of the products must be made in the original packaging and new state;
- The warranty period of the entrepreneur corresponds to the factory guarantee period. The entrepreneur is not responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products;
- The guarantee does not apply if:
- the delivered goods have been repaired and/or modified by third parties and/or the consumer;
- the delivered goods are exposed to unusual circumstances or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
- the inferiorly in whole or in part is the result of rules that the government has asked or will ask about the nature or quality of the materials used.
Article 11 – Delivery and execution order
- Our Saddlery will not charge shipping costs for purchases of € 100 or more made by the consumer and/or business customer, unless otherwise agreed. If the purchase amount is lower than € 100, shipping costs will be charged in accordance with the relevant rate charged by the postal service to Our Saddlery.
- Our Saddlery will exercise the greatest possible care when receiving and performing orders for products and when assessing requests for the provision of services.
- The indicated delivery time is always an approximation and is never a deadline, unless expressly agreed otherwise in writing. Exceeding any delivery time does not entitle the consumer and/or business customer to compensation in any form whatsoever.
- The place of delivery is the address that the consumer and/or business customer has given to Our Saddlery.
- If delivery of an ordered product proves impossible, Our Saddlery will endeavour to make a replacement product available. At the latest at the time of delivery, a clear and comprehensible notice will be given that a replacement product will be delivered.
- The risk of damage and/or loss of products rests with Our Saddlery until the moment of delivery to the consumer. In the case of deliveries to the business customer, the risk is transferred the moment the products leave the establishment of Our Saddlery, unless explicitly agreed otherwise.
- The products delivered by Our Saddlery remain the property of Our Saddlery until the consumer and/or business customer has fulfilled all of the following obligations under any agreement concluded with Our Saddlery:
– The consideration for the product delivered or to be delivered;
– Any claim on account of non-fulfilment by the consumer and/or business customer of (previous) agreement(s) entered into with Our Saddlery.
- Without prejudice to its other rights, Our Saddlery is irrevocably authorised by the consumer and/or business customer, if the consumer and business customer fails to fulfil his payment obligation towards Our Saddlery, or fails to do so on time, to take possession of the products supplied by Our Saddlery at its first request, without any notice of default or judicial intervention, whereby the consumer and/or business customer authorises Our Saddlery in advance to enter his buildings and grounds, or at least those he rents for the purpose of operating his business. All costs of taking back the products are at the expense of the consumer and/or business customer.
- Our Saddlery will provide the consumer and/or business customer with the agreed services or products in the description, quality and quantity as described in the order confirmation (possibly later changed) or as accepted by Our Saddlery, although minor deviations in colour, quality, sizes and weights are permissible, insofar as this does not affect the value in use.
- Our Saddlery has the right to make changes to the models of its products, as well as to supply the model that has replaced a model that can no longer be supplied.
- The consumer and/or business customer will examine the products (or have them examined) directly upon delivery. In doing so, the consumer and/or business customer will check: a. whether the packaging, packaging and external condition of the products are in order, b. whether the right products have been delivered, c. whether the delivered products correspond in terms of quantity (e.g. number and quantity) with what has been agreed or whether the delivered products meet the agreed quality requirements or – if these are lacking – the requirements that may be set for normal use of the products.
- Complaints regarding packaging, packaging and external condition will be noted directly on the receipt. Complaints regarding visible defects or shortages will be made in writing to Our Saddlery within 14 days after delivery. The consumer and special business customer will report nonvisible defects within 14 days after discovery.
- All complaints will be made in writing to Our Saddlery within the aforementioned periods or under penalty of forfeiture of rights of the consumer and/or business customer. Even if the consumer and/or business customer complains in good time, his obligation to pay for and take delivery of orders and/or services remains in effect. Products may only be returned to Our Saddlery carriage paid after prior written consent. All costs associated with returning products, such as transport costs, storage costs, etc., are for the account of the consumer and/or business customer.
Article 12 – Duration transactions: duration, cancellation, and renewal
- If the consumer has entered into a contract for an indefinite period, which extends to the regular delivery of products (including electricity), at any time he can terminate it under the applicable termination rules and at a maximum of one month’s notice;
- The consumer that had contracted for a definite period, which extends to the regular delivery of products (including electricity) or services, can at any time by the end of the fixed period terminate the agreement under the applicable termination rules and at a notice of one month;
- The consumer can, for the agreements mentioned in the previous paragraphs:
- terminate and not be limited to cancellation at some time or in a given period;
- cancel at least in the same way as they entered into by him;
- cancel to the same notice period as the entrepreneur has stipulated for itself.
- The consumer that had contracted for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a definite period;
- Notwithstanding the previous paragraph, an agreement concluded for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines can be tacitly renewed for a definite period of a maximum of three months, if the consumer has the possibility to cancel the extended agreement at the end of the extension with a notice of one month;
- An agreement for a definite period, which extends to the regular delivery of products (including electricity) or services, may only be extended for an indefinite period if the consumer can cancel at any time with a notice of a maximum of one month and a notice of maximum three months, with an agreement extends to the regular, but less than once a month, delivering dailies, weeklies, and magazines;
- An agreement for a definite period, which extends to delivery of a trial or introductory of newspapers, weeklies, and magazines (trial or introductory subscription) will be ending automatically and will not continue automatically after the trial or introductory.
- Agreements with a duration of more than one year can be canceled after one year at any time and with a notice of a maximum of one month unless the reasonableness and fairness is an objection against the termination before the agreed duration.
Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer and/or business customer will be paid before the product is shipped.
- In the event of non-payment in advance, the following applies:
- The consumer and/or business customer is legally in default after the due date.
- In the event of liquidation, bankruptcy or suspension of payment of the consumer and/or business customer, the payment obligations of the consumer and/or business customer will become immediately due and payable.
- Payment will be made without suspension and/or settlement. If payment is to be made in two or more instalments after delivery, Our Saddlery is entitled to stipulate that the consumer and/or business customer must provide a bank guarantee.
- Payments made by the consumer and/or business customer always serve first to settle all interest and costs owed and secondly to settle due and payable invoices, which have been outstanding the longest, even if the consumer and/or business customer states that the payment relates to a later invoice.
Article 14 – Force majeure and liability
- Non-delivery, late delivery and / or faulty delivery as well as the malfunctioning of the delivered product does not entitle the consumer and/or business customer to compensation and/or termination, insofar as there is force majeure on the part of Our Saddlery.
- Without prejudice to its other rights, if Our Saddlery is prevented by force majeure from carrying out the agreement or executing it on time, Our Saddlery has the right to suspend the execution of the agreement, or to terminate the agreement in whole or in part, at the discretion of Our Saddlery, without Our Saddlery being obliged to pay any compensation or otherwise.
- Force majeure on the part of Our Saddlery will be deemed to exist if, after the conclusion of the purchase agreement, Our Saddlery is prevented from fulfilling its obligations under this agreement as a result of war, threat of war, civil war, insurrection, molestation, fire, water damage, flooding, strikes, sit-down strikes, lockouts, import and export restrictions, government measures, machine breakdowns, disruptions in the supply of energy, all this both in the operation of Our Saddlery and from third parties from whom the necessary materials or raw materials must be obtained in whole or in part, as well as during storage or during transport, whether or not under own management, and furthermore due to all causes beyond the control or risk of Our Saddlery.
- Our Saddlery has taken out liability insurance for claims from customers and/or third parties. Liability for indirect damage, including consequential damage, loss of profit, lost savings and damage due to business stagnation, is excluded.
- The total liability of Our Saddlery on account of attributable failure in the performance of an agreement with the consumer and/or business customer is limited to compensation of direct damage up to a maximum of the amount for which Our Saddlery is insured, or at least limited to an amount of € 5,000.
- Liability on the part of Our Saddlery on account of attributable failure to perform an agreement only arises if the consumer and/or business customer immediately and properly gives Our Saddlery written notice of default, thereby providing Our Saddlery with a reasonable period within which to remedy the failure and Our Saddlery continues to fail imputably in the performance of its obligations even after that period. The notice of default will contain as detailed a description of the shortcoming as possible, so that Our Saddlery is able to respond adequately.
Article 15 – Termination
- Our Saddlery is entitled, without prejudice to its rights to compensation for costs, damage and/or interest, to terminate the agreement in whole or in part, without notice of default or judicial intervention, with immediate effect when:
- the consumer and/or the business customer has been granted suspension of payment;
- the bankruptcy of the consumer and/or the business customer is filed for;
- the consumer and/or business customer dies or is placed under guardianship;
- attachment is levied on all or part of the consumer’s and/or business customer’s assets;
- the consumer and/or business customer fails to fulfil any obligation under this agreement or the law;
- the consumer and/or business customer fails to pay an invoice amount or part thereof within the set period.
Article 16 – Right of suspension
- If and as long as the consumer and/or the business customer fails to fulfil any obligation under the agreement concluded with Our Saddlery or a related agreement, Our Saddlery has the right to suspend the fulfilment of its obligations under this agreement.
Article 17 – Interest and costs
- If payment has not been made within the period referred to in Article 13, the consumer and/or business customer is in default and Our Saddlery is entitled to charge the statutory interest rate per month on the amount due and payable, whereby part of a month is considered a full month. A business customer is subject to a contractual interest rate of 1% per month, whereby part of a month is considered a full month.
- All judicial and extrajudicial costs will be borne by the consumer and/or business customer, in accordance with the graduated scale(s) laid down by law.
Article 18 – Custom-made products
- Insofar as the consumer and/or business customer orders a product that must be custom-made by Our Saddlery, the following applies. ‘Custom-made’ should be understood to mean: a provision or modification of the standard factory products to be made by Our Saddlery, such as, but not limited to, a specific colour combination and specific additional provisions made by Our Saddlery.
- For custom-made products, Our Saddlery is entitled to charge a down payment from the consumer and/or business customer, up to a maximum of 50% of the purchase amount in the case of a purchase by a consumer.
- When the custom-made product is ready, Our Saddlery will notify the consumer and/or business customer that the product is ready for collection. If the consumer and/or business customer subsequently fails to collect the product or otherwise informs Our Saddlery that the products can be sent, then after a period of 2 months after the moment of notification that the product is ready and the product has not been collected within 2 months, the agreement will be deemed to have been cancelled by the consumer and/or business customer. In such a case, Our Saddlery is entitled to offset the damage it has suffered against the down payment and is also entitled to sell the product to a third party.
Article 19: Personal data
- Our Saddlery complies with the legal regulations regarding the protection of personal data, as laid down in the Personal Data Protection Act and the General Data Protection Regulation (GDPR). The consumer and/or business customer can contact Our Saddlery order to to view, correct or remove his or her personal data. Our Saddlery will provide the consumer with the desired information and, if desired by the consumer and/or business customer, adjust the data about the consumer and/or business customer. For the personal data policy of Our Saddlery, see its website https://www.drunensruiterhuis.nl. The data provided by the consumer and/or business customer will be used by Our Saddlery to process the agreement. The data will be included in a file, which Our Saddlery will not make available to third parties for sales purposes without the consent of the consumer and/or business customer.
Article 20 – Resale business customers (Applicable to business customers only)
- Our Saddlery applies recommended sales prices for any resale of products. The business customer is prohibited from reselling the products to be sold by Our Saddlery directly or indirectly at a sales price that deviates more than 10% from the recommended sales price. In the event of violation of this prohibition, the business customer will forfeit to Our Saddlery an immediately payable penalty of € 1,000 per violation and € 500 per day that the violation continues.
Article 21 – Disputes
- All offers, transactions and agreements concluded by Our Saddlery with the consumer and/or business customer are governed exclusively by Dutch law, unless otherwise provided in these terms and conditions. Applicability of the Vienna Sales Convention is excluded.
- If Our Saddlery tolerates deviations from these terms and conditions for a short or longer period of time, tacitly or otherwise, this does not affect its right to later demand direct and strict compliance with these terms and conditions. The consumer and/or business customer can never assert any right based on the fact that Our Saddlery leniently applies these terms and conditions.
- All disputes related to and / or arising from these general terms and conditions and/or agreements to which these general terms and conditions apply, will generally be settled by the competent court in ‘s-Hertogenbosch, but Our Saddlery reserves the right to submit any disputes to the relevant court where the consumer an /or business customer is domiciled.
- It is also possible for the consumer to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the consumer and/or business customer, unless Our Saddlery indicates otherwise in writing.
- If a complaint is found justified by Our Saddlery, Our Saddlery will, at its discretion, either replace or repair the delivered products free of charge.