Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling -off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
ARTICLE 12 - NEAR and extra warranty
Article 13 - Delivery and implementation
Article 14 - Duration transactions: Duration
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions::
Additional agreement
An agreement in which the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of an appointment between the third party and the entrepreneur;
Reflection
The period within which the consumer can use his right of withdrawal;
Consumer
The natural person who does not act for purposes related to his trade, business, craft or professional activity;
Day
Calendar day;
Digital content
Data produced and supplied in digital form;
Endurance agreement
An agreement that is to the regular delivery of goods, services and/or digital content during a certain period;
Sustainable data carrier
Each tool - including e -mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use for a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Right of withdrawal
The possibility of the consumer to refrain from the distance agreement within the cooling -off period;
Entrepreneur
The natural or legal person who offers products, (access to) digital content and/or remote services to consumers;
Distance agreement
An agreement that is concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the Agreement exclusively or also makes use of one or one or More techniques for remote communication.
Article 2 - Identity of the entrepreneur
Address data:
House of Horses by Birgit
Blauwhandstraat 13
4611 RK Bergen op Zoom
Telephone number: +31 6 12 75 38 10
Accessibility:
Monday: 13:00 - 18:00
Tuesday to Friday: 10:00 - 18:00
Saturday: 10.00 - 16.00
E-mail address: [email protected]
Chamber of Commerce number: 65655265
VAT identification number: NL125987171B01
IBAN Number: NL75 INGB 0007251166
If the entrepreneur's activity is subject to a relevant permit system: the data on the supervisory authority.
If the entrepreneur conducts a regulated profession:
the professional association or organization to which it is affiliated;
the professional title, the place in the EU or the European Economic Area where it has been assigned;
A reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules are accessible.
Article 3 - Applicability
1. These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement between entrepreneur and consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent as soon as possible at the consumer's request.
3. If the distance agreement is concluded digitally, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer in such a way in such a way that the consumer op A simple way can be stored on a sustainable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be taken into account in a digital way and that they will be sent in a digital or other way at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraph applies mutatis mutandis and the consumer can always rely on the applicable provision that is most favorable for him in the event of conflicting conditions .
Article 4 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered, digital content and/or services. The description is sufficiently detailed to make a good assessment of the offer possible by the consumer. If the entrepreneur uses images, they are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with the acceptance of the offer.
Article 5 - The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the compliance with the conditions set with it.
2. If the consumer has accepted the offer in a digital road, the entrepreneur will immediately confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3. If the agreement is concluded digitally, the entrepreneur will take appropriate measures to secure the digital transfer of data and will ensure a safe web environment. If the consumer can pay digitally, the entrepreneur will take appropriate safety measures to this end.
4. The entrepreneur can inform himself within the legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible interlocutory. If the entrepreneur has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
5. The entrepreneur will at the latest when the product, the service or digital content to the consumer deliver the following information, in writing or in such a way that it can be stored in an accessible manner by the consumer.
6. The visiting address of the entrepreneur's location where the consumer can go with complaints; See previously mentioned address & contact details.
7. The conditions under which and the way in which the consumer can use the right of withdrawal, or a clear report on the exclusion of the right of withdrawal;
8. The information about guarantees and existing service after purchase;
9. The price including all taxes of the product, service or digital content; Insofar as applicable the costs of delivery; and the method of payment, delivery or execution of the distance agreement;
10. The requirements for cancellation of the agreement if the agreement has a duration of more than one year or an indefinite duration;
11. If the consumer has a right of withdrawal, the model form for withdrawal.
12. In the event of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
13. If the price as offered on the webshop does not differ so much with the regular selling price as indicated in Stocking System of House of Horses, the agreement will be declared void.
Article 6 - Right of withdrawal
With products:
1. The consumer can dissolve an agreement with regard to the purchase of a product during a cooling -off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to give his reason (s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, received the product, or:
3. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, if he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with a different delivery time.
4. If the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
5. For agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
For services and digital content that was not supplied on a material carrier:
1. The consumer can dissolve a service agreement and an agreement for the delivery of digital content that was not delivered to a material carrier for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to give his reason (s).
2. The reflection period referred to in paragraph 3 starts on the day that follows the conclusion of the agreement.
Extended cooling -off period for products, services and digital content that is not delivered to a material carrier when not informing about the right of withdrawal:
1. If the entrepreneur has not provided the consumer the legally required information about the right of withdrawal or the model form for withdrawal, the cooling -off period expires twelve months after the end of the original, in accordance with the previous paragraphs of this article, the cooling -off period set.
2. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the commencement date of the original cooling -off period, the cooling -off period will expire 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the cooling -off period
1. During the cooling -off period, the consumer will handle the product and the packaging carefully. It will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only use and inspect the product as he could do in a store.
2. The consumer is only liable for value reduction of the product that is the result of a way of dealing with the product that goes further than permitted in paragraph 1.
3. The consumer is not liable for value reduction of the product if the entrepreneur has not provided it for or at the conclusion of the agreement all legally required information about the right of withdrawal.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer uses his right of withdrawal, he reports this to the entrepreneur within the cooling -off period by means of the model form (return form) or in a other unambiguous manner.
2. As soon as possible, but within 14 days from the day following the report referred to in paragraph 1, the consumer will return the product, or hands this to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling -off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
1. The consumer has no costs for the full or partial delivery of digital content supplied on a material carrier, if:
2. He did not explicitly agree to start the compliance with the agreement before the end of the cooling -off period prior to its delivery;
3. He has not acknowledged to lose his right of withdrawal when granting his permission; or
4. The entrepreneur has failed to confirm this statement from the consumer.
5. If the consumer uses his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur makes the consumer's notification possible in a digital manner, he will send a confirmation of receipt in a digital manner in a digital manner in a digital manner.
2. The entrepreneur reimburses all payments from the consumer with the exception of return costs in all cases, and delivery costs for exceptional cases without delay but within 14 days following the day on which the consumer reports the cancellation. Unless the entrepreneur offers to collect the product himself, he can wait to repay until he has received the product or until the consumer shows that he has returned the product, depending on what time falls earlier.
3. For reimbursement, the entrepreneur does not use the same payment method that the consumer has used as standard. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this with the offer, at least in time before the conclusion of the agreement, has stated:
1.Products or services that the price is bound by fluctuations on the financial market on which the entrepreneur has no influence and that can occur within the withdrawal period;
2. Service agreements, after full performance of the service, but only if:
3. The implementation has started with the explicit prior approval of the consumer; and
4. The consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully implemented the agreement;
5. Agreements with regard to leisure activities, if a certain date or period of implementation is provided in the agreement;
6. Products manufactured according to consumer specifications that are not prefabricated and that are made on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for being returned to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products that are irrevocably mixed with other products after delivery due to their nature;
10. Newspapers, magazines or magazines, with the exception of subscriptions to this;
11. The delivery of digital content other than on a material carrier, but only if:
12. The implementation has started with the explicit prior approval of the consumer; and
13. The consumer has stated that he loses his right to withdrawal.
Article 11 - The price
1. During the validity period stated in the offer, the prices of the products and/or services offered are not increased, except for price changes as a result of changes in VAT rates and purchasing prices.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are bound by fluctuations on the financial market and on which the entrepreneur has no influence, with variable prices. This bondage to fluctuations and the fact that any prices mentioned are target prices are stated with the offer.
3. The prices mentioned in the range of products or services include VAT.
Article 12 - Compliance with the agreement and extra warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the Agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. Extra guarantee is understood to mean any commitment of the entrepreneur, his supplier, importer or producer in which he grants certain rights or claims to the consumer that go beyond what they are legally required in the event that he has failed to fulfill his part of the agreement .
Article 13 - Delivery and implementation
1. The entrepreneur will observe the greatest possible care when receiving and in the implementation of orders of products and when assessing applications for services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in Article 4 of these General Terms and Conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be carried out in part, the consumer will notify this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and the right to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will repay the amount that the consumer has paid without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated and announced to the entrepreneur, unless explicitly agreed otherwise.
Article 14 - Duration transactions: Duration
Duration:
1. If an agreement has a duration of more than a year, the consumer may at any time cancel the agreement with a cancellation period of at most one month, unless reasonableness and fairness against cancellation before the end of the agreed duration to postpone.
Article 15 - Payment
1. To the extent that it is not stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling -off period, or in the absence of a cooling -off period within 14 days after the conclusion of the agreement. In the event of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50%. When prepayment is stipulated, the consumer cannot assert any rights regarding the implementation of the relevant order or service (s) before the stipulated prepayment has taken place. You can request a prepayment (of max. 50% of the total amount) for specific orders, personalized items etc.
3. The consumer has the duty to immediately report inaccuracies in provided or stated payment data to the entrepreneur.
4. If the consumer does not meet his payment obligation (s) in time, it is, after he has been informed by the entrepreneur the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the Nobility within this 14-day period, on the amount still due, the statutory interest due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs are a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. The entrepreneur can deviate from the aforementioned amounts and percentages for the benefit of the consumer.
Article 16 - Complaints procedure
1. The entrepreneur has a sufficiently known complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur in full and clearly defined within a reasonable time after the consumer has found the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint can not be resolved within a reasonable period or within 3 months after submitting the complaint in mutual consultation, a dispute that is susceptible to the dispute settlement scheme will arise.
Article 17 - Disputes
1. In agreements between the entrepreneur and the consumer to which these general terms and conditions relate, only Dutch law applies.
Article 18 - Additional or different provisions
Additional or deviating provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a sustainable data carrier.
