General Terms and Conditions Animal Riding B.V.
Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the Business Operator
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in the Event of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Long-Term Transactions: Term, Termination, and Renewal
Article 13 – Payment
Article 14 – Disputes
Article 15 – Additional or Deviating Provisions
Article 1 – Definitions
For the purposes of these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer may exercise his right of withdrawal;
Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the business;
Day: calendar day;
Continuing Transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or accept is spread out over time;
Durable medium: any medium that enables the consumer or business to store information addressed personally to them in a way that allows for future reference and unaltered reproduction of the stored information.
Right of withdrawal: the consumer’s right to cancel a distance contract within the cooling-off period;
Model form: the model withdrawal form provided by the business, which a consumer can fill out when he wishes to exercise his right of withdrawal.
Business: a natural or legal person who offers products and/or services to consumers through distance selling;
Distance contract: a contract in which, within the framework of a system organized by the business for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the contract;
Means of distance communication: a method that can be used to conclude a contract without the consumer and the business being physically present in the same location at the same time.
Terms and Conditions: the business owner’s Terms and Conditions set forth herein.
Article 2 – Identity of the Business:
Business Owner: Jef van de Wardt Animal Riding B.V.
Visiting address: Spoorstraat 47-49, 4041CL Kesteren
Phone number: 0488-745104.
Email address: info@animalriding.com
Chamber of Commerce number: 51696932
VAT ID Number: NL 850 132 058 B01
Article 3 – Applicability
These general terms and conditions apply to every offer made by the business and to every distance contract and order entered into between the business and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the merchant’s premises and will be sent free of charge as soon as possible upon the consumer’s request.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated—before the distance contract is concluded—where the general terms and conditions can be viewed electronically and that they will be sent free of charge, electronically or by other means, at the consumer’s request.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him or her.
If one or more provisions in these general terms and conditions are, at any time, wholly or partially invalid or are set aside, the agreement and these terms and conditions shall remain in full force and effect in all other respects, and the provision in question shall be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions shall be assessed “in the spirit” of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in accordance with the spirit” of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The business is entitled to change and modify the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly evaluate the offer. If the merchant uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the merchant.
All images and specifications in the offer are for illustrative purposes only and cannot give rise to claims for damages or termination of the agreement.
Product images are a true representation of the products offered. The business operator cannot guarantee that the colors displayed exactly match the actual colors of the products.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns, in particular, the
Special:
the price, including taxes;
any shipping costs;
the manner in which the agreement will be concluded and the steps required to do so;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the deadline for accepting the offer, or the period during which the business guarantees the price;
the amount of the rate for remote communication if the costs of using the remote communication technology are calculated on a basis other than the standard base rate for the means of communication used;
whether the contract will be archived after it is concluded, and if so, how the consumer can access it;
the manner in which the consumer, prior to concluding the contract, can verify the information provided by him or her in connection with the contract and, if desired, correct it;
any other languages, besides Dutch, in which the contract may be concluded;
the codes of conduct to which the business has committed itself and the manner in which the consumer may consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing transaction.
Article 5 – The Agreement
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
If the consumer has accepted the offer electronically, the business shall immediately confirm receipt of the acceptance of the offer electronically. As long as the business has not confirmed receipt of this acceptance, the consumer may rescind the contract.
If the contract is concluded electronically, the merchant shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the merchant shall observe appropriate security measures for this purpose.
The merchant may—within legal limits—verify whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the merchant has good grounds not to enter into the contract, the merchant is entitled to refuse an order or request, providing justification, or to attach special conditions to its performance.
The business must provide the consumer with the following information along with the product or service, either in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium:
the visiting address of the business’s location where the consumer can file complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the information set forth in Article 4, paragraph 3, of these terms and conditions, unless the business has already provided this information to the consumer prior to the performance of the contract;
the requirements for terminating the contract if the contract has a term of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the preceding paragraph applies only to the first delivery.
Every agreement is entered into subject to the condition precedent of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
Upon delivery of products:
When purchasing products, the consumer has the right to cancel the contract within 14 days without providing a reason. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and notified to the business, receives the product.
During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether to keep it. If the consumer exercises their right of withdrawal, they must return the product to the merchant along with all accessories provided and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the merchant.
If the consumer wishes to exercise his right of withdrawal, he is required to notify the merchant within 14 days of receiving the product. The consumer must provide this notice using the model form. After the consumer has notified the merchant of their intention to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the delivered goods were returned in a timely manner, for example, by means of proof of shipment.
If, after the expiration of the time limits specified in paragraphs 2 and 3, the customer has not notified the business of their intention to exercise their right of withdrawal or has not returned the product to the business, the sale is final.
For the provision of services:
When services are provided, the consumer has the right to cancel the contract without giving any reason for at least 14 days, starting on the day the contract is entered into.
To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the business in the offer and/or, at the latest, upon delivery.
Article 7 – Costs in the Event of Cancellation
If the consumer exercises their right of withdrawal, they are responsible only for the cost of returning the product.
If the consumer has paid an amount, the merchant will refund this amount as soon as possible, but no later than 14 days after the cancellation. This is subject to the condition that the product has already been received by the online retailer or that conclusive proof of complete return can be provided. Refunds will be issued via the same payment method used by the consumer, unless the consumer expressly consents to a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any resulting loss in value of the product.
The consumer cannot be held liable for any loss in value of the product if the seller has not provided all legally required information regarding the right of withdrawal; this information must be provided before the sales contract is concluded.
Article 8 – Exclusion of the Right of Withdrawal
The business may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the business has clearly stated this in the offer, or at least in a timely manner before the contract is concluded.
Exclusion of the right of withdrawal is only possible for products:
that have been manufactured by the merchant in accordance with the consumer’s specifications;
that are clearly of a personal nature;
that, by their nature, cannot be returned;
Article 9 – The Price
During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the merchant may offer products or services at variable prices if their prices are subject to fluctuations in the financial market over which the merchant has no control. This dependence on fluctuations and the fact that any prices listed are indicative prices must be stated in the offer.
Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
Price increases effective 3 months or more after the conclusion of the agreement are permitted only if the business has stipulated this and:
they result from statutory regulations or provisions; or
the consumer has the right to terminate the agreement effective as of the day the price increase takes effect.
The prices listed in the product or service offerings include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the business is not obligated to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The business guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the legal provisions and/or government regulations in effect on the date the agreement is concluded. If agreed upon, the business also guarantees that the product is suitable for use other than normal use.
A warranty provided by the business, manufacturer, or importer does not affect the consumer’s statutory rights and claims that the consumer may assert against the business under the agreement.
Any defects or incorrectly delivered products must be reported to the business in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
The merchant’s warranty period corresponds to the manufacturer’s warranty period. However, the merchant is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of the merchant’s instructions and/or the instructions on the packaging;
The defectiveness is wholly or partly the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.
Use of Products
Animal Riding BV ’s products are intended exclusively for personal use. It is not permitted to use the products for commercial purposes, such as (but not limited to) rental, use in amusement parks, events, public playgrounds, or other forms of professional use, unless prior written permission has been granted by Animal Riding BV.
Animal Riding BV reserves the right to void any warranties or liability in the event of improper use or use in violation of this provision.
Article 11 – Delivery and Performance
The business will exercise the utmost care when receiving and fulfilling orders for products and when evaluating requests for the provision of services.
The place of delivery is the address that the consumer has provided to the business.
Subject to the provisions of paragraph 4 of this article, the company will fulfill accepted orders with due diligence, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to cancel the contract at no cost. The consumer is not entitled to compensation.
All delivery times are approximate. The consumer cannot derive any rights from any stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
In the event of termination in accordance with paragraph 3 of this article, the business will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the merchant will make every effort to provide a replacement item. No later than upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the merchant.
The risk of damage to and/or loss of products rests with the merchant until the time of delivery to the consumer or to a representative designated in advance and made known to the merchant, unless expressly agreed otherwise.
Article 12 – Long-Term Transactions: Term, Termination, and Renewal
Cancellation
A consumer may terminate a contract entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed-upon cancellation rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time prior to the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the preceding paragraphs:
at any time and is not limited to termination at a specific time or during a specific period;
terminate them at least in the same manner in which they were entered into;
always terminate them with the same notice period that the business has stipulated for itself.
Extension
A contract entered into for a fixed term that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the preceding paragraph, a contract entered into for a fixed term and covering the regular delivery of dailynewspapers, weekly newspapers, and magazines may be tacitly renewed for a fixed term of up to three months, provided that the consumer may terminate this renewed contract toward the end of the renewal period with a notice period of no more than one month.
A contract entered into for a fixed term that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite term if the consumer may terminate the contract at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract provides for the regular, but less than once a month, delivery of daily newspapers, news papers, weekly newspapers, and magazines.
A fixed-term agreement for the regular delivery of daily newspapers, news publications, weekly newspapers, and magazines for introductory purposes (trial or introductory subscription) is not automatically renewed and ends automatically upon the expiration of the trial or introductory period.
Duration
If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasons of reasonableness and fairness preclude termination before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
The consumer is obligated to immediately report any inaccuracies in the payment details provided or stated to the business.
In the event of non-payment by the consumer, the business owner has the right, subject to statutory limitations, to charge the consumer for reasonable costs that were disclosed to the consumer in advance.
Article 14 – Disputes
Agreements between the business and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
The Vienna Convention on Contracts for the International Sale of Goods does not apply.
Article 15 – Additional or Deviating Provisions
Any additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be set forth in writing or in such a manner that the consumer can store them in an accessible way on a durable medium.