We deliver your order as usual, of course with the necessary precautions | more information
We deliver your order as usual, of course with the necessary precautions | more information
Article 1 –Definitions
Article 2 –Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right to cancel
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and Guarantee
Article 11 – Delivery and execution
Article 12 –Continuing performance contract: duration, cancellation and prolongation
Article 13 – Payment
Article 14 – Settlement of complaints
Article 15 – Disputes
Article 16 – Additional or varying stipulations
In theseGeneralConditions following terms shall have the following meanings:
1.1. Cooling-off period: the period of time during which the consumer may exercise the right of withdrawal;
1.2. Consumer: naturalperson who is not acting in the exercise of his/her profession or business and entering into a distant agreement with the entrepreneur;
1.3. Day: calendar day
1.4. Continuing performance contract: a distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread out over a longer period of time;
1.5. Long-term data carrier: any means that allow the consumer or the entrepreneur to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible.
1.6. Right of withdrawal: option for the consumer to withdraw from the distancecontract within the cooling-off period;
1.7. Entrepreneur: the natural or legal personproviding distance products and/or services to consumers;
1.8. Distance contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organized by the Entrepreneur for distance sale of products and/or services;
1.9. Technology for distance communication: means to be used for concluding an agreement, without consumer and entrepreneur being together in the same place at the same time;
6851 TD Huissen (NL)
E-mail: [email protected]
Chamber of Commerce number: 75770164
VAT Identification Number: NL860391267B01
In case the entrepreneur practices a regulated profession;
3.1. These General Conditions apply to any offer from the Entrepreneurand to any distance contract concluded by the Entrepreneur and the Consumer.
3.2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Conditions available to the Consumer. If this is reasonably not possible, the Entrepreneur, before concluding the distance contact, shall notify that the General Conditions can be inspected at the Entrepreneur’s and that, at the Consumer’s request, they will be sent to the Consumer free of charge as soon as possible.
3.3. If the distance contract is concluded electronically, the text of these General Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the Consumer’s request free of charge, either via electronic means or otherwise;
3.4. If in addition to these General Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory General Conditions, the Consumer may always appeal to the applicable provision that is most favorable to him/her.
4.1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
4.2. The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Consumer to assess the product and/or services adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for the Entrepreneur.
4.3. All offers contain such information that it is clear to the Consumer what rights and duties are attached to accepting the offer. This involves in particular:
Article 5 – The contract
5.1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
5.2. If the consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
5.3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
5.4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfill his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
5.5. The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier;
a. the visiting address of the Entrepreneur’s business establishment where the consumer may get into contact for any complaints;
b. the conditions on which and the way in which the consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. the information as stated in article 4 paragraph 3 of these General Conditions, unless the Entrepreneur has already provided the Consumer with this information before the performance of the contract;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
5.6. In case of a Continuous Performance Contract, the stipulation in the previous paragraph applies to the first delivery only.
When delivering products:
6.1.1. You have the right to cancel this contract within 30 days without giving any reason.
The cancellation period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us (MHS Equestrian, Primulalaan 2a2, 6851 TD Huissen, Netherlands, [email protected], phone number: + 31 (0)85 3032747) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation:
6.1.2. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
. When providing services:
6.2.1. When providing services, the Consumer has the option to repudiate the contract without specifying any reasons, for a period of at least 14 days starting on the day of concluding the contract.
6.2.2. To exercise the right of withdrawal, the Consumer shall follow the reasonable and clear instructions given by the Entrepreneur in this context during the offer and/or before the delivery.
7.1. Should the Consumer exercise the right of withdrawal, no more than the returning costs are at the Consumer’s expense.
7.2. If the Consumer has made a payment, the Entrepreneur shall return this amount as soon as possible, but within 30 days at the most, after the return or withdrawal.
8.1. The Entrepreneur can exclude the customer’s right of withdrawal as far as covered in paragraph 2 and 3. The Entrepreneur can exclude this right only if the Entrepreneur indicated this clearly in the offer or at least in good time before concluding the contract.
8.2. Exclusion of the right of withdrawal is only possible for products:
a. that were realised according to the Consumer’s specifications;
b. that are obviously personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur’s control;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the Consumer has broken the seal;
8.3. Exclusion of the right of withdrawal is only possible for services:
a. regarding accommodation, transportation, restaurant establishments of leisure activities to be used or performed on a certain date or during a certain period;
b. of which the provision has been started with the Consumer’s explicit consent;
c. regarding betting and lotteries;
9.1. The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
9.2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
9.3. Price increases within 3 months after concluding the contract are permitted only as a result of new legislation.
9.4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and:
a. they are the result of legal regulations or stipulations, or
b. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
9.5. All prices indicated in the provision of products or services are including VAT.
10.1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. Provided it has been agreed upon, the Entrepreneur also guarantees that the product is suitable for use, deviating from normal use.
10.2. An arrangement offered as a guarantee by the Entrepreneur, Manufacturer or Importer shall not affect the rights and claims the Consumer may exercise against the Entrepreneur based on the law and/or the distance contract.
11.1. The Entrepreneur shall exercise the best possible care when booking and when executing product orders, and when assessing requests for the provision of services.
11.2. The place of delivery is at the address given by the Consumer to the company.
11.3. With due observance of the stipulations in Article 4 of these General Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
11.4. In the event of repudiation under the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
11.5. If delivering an ordered product turns out to be impossible, the Entrepreneur shall make an effort to offer an equivalent replacement product. Before the delivery or on the delivery date at the latest, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded with replacement products. The costs of a possible return shipment are to be borne by the Entrepreneur.
11.6. Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with the Entrepreneur until the time they are delivered to the Consumer or to a representative appointed and made known to the Entrepreneur beforehand.
12.1.1 Regarding an indefinite contract, which extends to the regular delivery of products (including electricity) or services the Consumer may terminate at any time in compliance to the applicable termination rules and a notice of one month at the most.12.
12.1.2. Regarding a definite contract, which extends to the regular delivery of products (electricity included) or services the Consumer can terminate the contract at any time at the end of the fixed term in compliance with the applicable termination rules and with a notice of one month at the most.
12.1.3. Regarding the agreements mentioned in the preceding paragraphs, the Consumer can:
12.2.1 A contract for a specific period, which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
12.2.2 Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines, may be tacitly renewed for a maximum of three months if the consumer agreement that has been extended towards the end of the extension may be terminated with a notice of up to one month.
12.2.3. A contract for a definite period, which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with notice of one month maximum and a notice of up to three months if the contract is about regularly, but less than once a month, delivering daily, news and weekly newspapers and magazines.
12.2.4. Agreements with a limited duration of regular delivery of trial days, news and weekly newspapers and magazines (trial or introductory subscription) is terminated automatically and not tacitly continued after the trial or introductory subscription.
12.2.5. If a contract lasts more than one year, after one year of the agreement the consumer may at any time terminate with a notice of up to one month prematurely, unless the reasonableness and fairness resisting the termination before the end of the agreed term.
13.1. Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled within 14 days after the beginning of the cooling-off period as referred to in article 6 paragraph 1, or in the event of an agreement to provide a service, within 14 days after the delivery of documents relating to this service.
13.2. When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Conditions. When an advance payment was agreed, the Consumer may not assert any right regarding the execution of that order or the provision of the service in question before the agreed advance payment has been made.
13.3. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details.
13.4. In case of nonpayment on the part of the Consumer, and subject to legal restrictions, the Entrepreneur is entitled to charge any predetermined reasonable costs incurred to the Consumer.
14.1. The Entrepreneur shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaints procedure.
14.2. Complaints about the performance of the contract shall be submitted to the Entrepreneur fully and clearly described within a reasonable time after the Consumer has discovered the defects.
14.3. The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
14.4. If a complaint cannot be solved in joint consultation, there will be a dispute that is open to the dispute settlement rules.
15.1. Contracts between the Entrepreneur and the Consumer, to which these General Conditions apply, are exclusively governed by Dutch law.
Additional provisions and/or deviations from these General Conditions may not be to the Consumer’s detriment and must be put in writing or be recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.