Conditions
Rider & Horse • Weststr. 20 • D-48282 Emsdetten
§ 1 Scope
1. These general terms and conditions apply exclusively to contracts with Rider & Horse. The customer expressly acknowledges this with his order. Deviating regulations are contradicted. Regulations other than those formulated below only become effective with our express written approval. 2. These terms and conditions also apply to future business relationships, even if they are not expressly agreed again.
§ 2 Offer and conclusion of contract
1. Offers on this website are non-binding. Orders are only binding if we confirm them or if we fulfill them by sending the goods.2. The contract is concluded based on the customer's order by filling in and confirming the web order form on the one hand and confirmation or execution of the order by Rider & Horse on the other.3. Adherence to a delivery deadline is always dependent on timely self-delivery. Rider & Horse's offers are subject to change and are subject to timely delivery and availability of the goods, unless otherwise expressly agreed in writing in individual cases. If the delivery option depends on delivery by a sub-supplier and if this delivery fails for reasons for which we are not responsible (e.g. due to force majeure), we are entitled to withdraw from the contract. The customer is then not entitled to compensation for this reason. In the cases mentioned, the customer will be informed immediately about the lack of delivery options and any service already provided will be reimbursed immediately. 4. Partial deliveries are permitted unless the customer is clearly not interested in them or they are obviously not reasonable for him. If Rider & Horse makes use of this right, packaging and shipping costs will only be charged once.
§ 3 cancellation policy
1. Your right of revocation: You can revoke your contractual declaration within two weeks in text form (e.g. letter, fax, e-mail, contact form) without giving reasons or by returning the item. The period begins at the earliest with receipt of this instruction. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to the above address. 2. In the event of an effective revocation, the mutually received services are to be returned. 3. An uninsured shipping method is only considered if it is a question of small parts or goods of lesser value that were not sent to the customer by Rider & Horse by postal parcel. 4. Rider & Horse will not accept returns that are sent freight collect, but will be sent back to the sender immediately by the post office. 5. In principle, there is no right of return for contracts for the delivery of goods that are not offered on the Rider & Horse websites and are not listed in the Rider & Horse range, but are ordered especially for the customer at the express request of the customer or according to specifications of the customer have been manufactured or processed. This includes, for example, custom-made saddles. Also excluded from the return are the delivery of audio and video recordings or software if the delivered data carriers have been unsealed by the consumer, as well as the delivery of newspapers, magazines, books and magazines as soon as the original packaging has been unsealed by the consumer.
§ 4 Ban on offsetting and rights of retention
1. The customer is not entitled to offset his own claims against our payment claims, unless the customer's claims are undisputed or have been legally established. 2. The customer is not entitled to counter our claims for payment with rights of retention - also from complaints - unless they result from the same contractual relationship.
§ 5 Refund of the purchase price upon return
1. Rider & Horse undertakes to reimburse the purchase price paid and any costs incurred for the return within 30 days of the customer's declaration. For this purpose, the customer must provide his account details in good time, at the latest with the return. 2. The shipping costs paid by the customer for sending the goods to him will not be reimbursed, unless it is a warranty case.
3. There is no right to a refund of the entire purchase price if the value of the goods goes beyond the usual inspection of the goods, which would have been possible for the customer in a retail shop, if the goods or their packaging are damaged or is reduced by other circumstances for which the customer is responsible. In this case, Rider & Horse will make an appropriate deduction for the depreciation in the individual case. Should the depreciation of the object of purchase be so significant that Rider & Horse is unable to resell the goods or only possible with unreasonable losses, a return of the purchased item is fundamentally excluded. 4. You have to bear the costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet paid the consideration or have made a contractually agreed partial payment.
§ 6 prices and shipping conditions
1. The prices shown on the website at the time the order was placed apply. Rider & Horse reserves the right to correct obvious errors. 2. All prices are in EURO and include the statutory VAT. For customers outside the EU, gross applies to net. 3. Packaging and shipping costs, which are generally borne by the customer, are added to the prices. Please refer to the table on our website http://www.riderandhorse.de for the shipping costs incurred. The delivery times shown here correspond to the standard delivery times. 4. The goods are shipped against cash on delivery, direct debit, PayPal, credit card or against prepayment. In the case of advance transfer, the goods will be shipped after the invoice amount has been credited to the Rider & Horse account that the customer has been informed of in good time. At the request of the customer, an appointment to collect the goods against cash payment can also be arranged.
5. If the customer is in arrears with payments against invoice after 30 days, he must pay default interest of 5% above the base rate of the Bundesbank if neither the customer nor Rider & Horse can prove a lower or higher damage . Interest on arrears will accrue if the payment deadline is exceeded, even without a reminder. 6. The goods are usually delivered as an insured postal package. If the customer expressly requests a different, non-insured type of shipment, Rider & Horse will carry this out at the sole risk of the customer. As far as small parts or parts of low value are concerned, Rider & Horse will choose the most favorable shipping method for the customer in each individual case, unless the customer also requests the shipment of the goods as an insured package in this case. For domestic shipping, the shipping costs listed apply. Small parts - if noted in the product description - will be sent and billed as a maxi letter for EUR 2.50 depending on weight and size. For particularly bulky or heavy shipments, which Swiss Post no longer transports according to its conditions, the freight costs actually incurred will be charged. In addition, there are the delivery and cash on delivery fees that may be charged by the post office and are to be borne by the customer. For shipping abroad, the shipping costs listed at http://www.riderandhorse.de apply. For shipments to countries outside the EU, the customer is responsible for proper import customs clearance at his own expense. 7. If the customer has reported within the period from § 8 that the goods have been damaged or lost in the post, Horse-Shop will immediately file claims for compensation against the person responsible or make inquiries regarding the whereabouts of the goods. Rider & Horse is not obliged to make a replacement delivery to the customer or refund the purchase price to the customer as long as the transport damage has not been clearly established or the investigation procedure has not yet been completed.
§ 7 Retention of title
1. If a delivery is not made against prepayment due to a corresponding written agreement with the customer, ownership of the delivered goods is only transferred to the customer once the purchase price has been paid in full. Before the transfer of ownership, the customer is not entitled to dispose of the goods. As long as Rider & Horse is still the owner of the goods, the customer must inform Rider & Horse immediately if third parties assert rights to the goods of any kind.
§ 8 Warranty
1. According to Section 437 of the German Civil Code, the customer initially only has a right to supplementary performance in the event of defects in the delivered item, ie he can choose to have the delivered item repaired or a replacement delivery requested. The customer must inform Rider & Horse of the choice made in a clear manner. The customer is only entitled to further statutory warranty claims, such as a reduction in the purchase price and withdrawal from the contract, after two unsuccessful attempts at supplementary performance by Rider & Horse. 2. If the customer decides to have the defective new goods rectified (repaired), he must send the goods directly to the manufacturer at the request of Rider & Horse to support a speedy settlement of the warranty claim, whose address is given to the customer by Rider & Horse will be notified immediately. Rider & Horse will reimburse the customer for the shipping costs incurred in this connection, unless the manufacturer makes a reimbursement himself.
3. Warranty rights are generally excluded for goods that are sold exclusively as historical collector's items without a functional guarantee and are designated as such. 4. Information on the function and use of new and used goods or other technical information is provided by Rider & Horse to the best of its knowledge and based on existing experience. However, this information does not constitute a guarantee of the quality of the goods.
5. Rider & Horse is entitled to make warranty services dependent on the customer returning the defective goods to Rider & Horse or the manufacturer beforehand and enabling a review of the complaints. If it turns out that an error cannot be identified despite a thorough examination or if it turns out that the error was caused by the customer himself, warranty claims are excluded. The goods will then be returned to the customer in a defective condition, unless he has previously agreed in writing to bear the repair and shipping costs. 6. Submission of a copy of the invoice is sufficient as proof of guarantee.
7. Transport damage can only be recognized if the customer notifies Rider & Horse immediately, but no later than 48 hours after receipt of the goods, in writing or by email, whereby timely dispatch of the notification is important to meet the deadline.
§ 9 Liability
1. Any liability on the part of Rider & Horse that goes beyond the provisions in Section 7 for direct or indirect damage - for whatever legal reason and to the extent permitted by law - is excluded, unless the cause of the damage is based on intent, gross negligence or the fraudulent concealment of a defect or on the lack of guaranteed quality.
2. In the event that Rider & Horse cannot provide the service owed due to force majeure (particularly war, natural disasters), Horse-Shop is released from the obligation to perform for the duration of the hindrance. If Rider & Horse is unable to execute the order or deliver the goods for more than one month due to force majeure, the customer is entitled to withdraw from the contract. In this case, the customer is not entitled to any further rights.
§ 10 Miscellaneous
1. Rider & Horse will observe all data protection requirements, in particular the specifications of the Teleservices Data Protection Act. All personal data collected by customers will be treated confidentially. The data required for the transaction is stored and, if necessary, passed on to affiliated companies and deliverers as part of the execution of the order, or to banks for billing. With the complete processing of the contract, your data, which must be kept for tax reasons, will be blocked. This data is no longer available for further use. Otherwise, your data will be deleted unless you have consented to further processing and use of your data. In this case, you can request, change or delete the stored data from us. You can revoke your consent at any time. For the delivery of a newsletter, we need your consent to store your personal data, which we will ask for at the appropriate point. If you later decide that you no longer want to use the services, you can revoke your consent at any time by sending us a message. 2. German law applies. The validity of the "United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980" is excluded. 3. Issued vouchers are valid indefinitely. A later payment/partial payment of a voucher is not permitted. We will issue an extra voucher for possible differences. Vouchers can be used for all products that are available and can be delivered at the time of redemption. With regard to the offer of used saddles products from classifieds, Rider & Horse acts only as an intermediary. We therefore exclude any claims/liability etc. on our part. Inquiries are always forwarded to the seller. The same is responsible for the offered offer. Legal transactions that come about take place between the seller and the buyer and are agreed separately. 4. If the direct debit procedure is chosen, Rider & Horse is entitled to collect the invoice amount from the specified account by direct debit. If the account does not have the required cover, the bank holding the account is not obliged to redeem it. Partial redemptions are not carried out by direct debit. In the event that the direct debit fails despite the direct debit authorisation, the invoice account will be charged a flat fee of currently EUR 8.00. 5. The place of fulfillment is the registered office of Rider & Horse. The place of jurisdiction for all disputes arising from the contractual relationship is Emsdetten, provided the customer is an "entrepreneur" within the meaning of Section 14 of the German Civil Code. In all other cases, the statutory place of jurisdiction applies. 6. Severability clause: Should individual provisions of these General Terms and Conditions be or become void, the remaining provisions shall remain in effect. 7. Copyright: The pages of our shop and the images contained therein enjoy copyright protection in accordance with Section 72 of the Copyright Act. Publication, duplication, distribution and imitation only permitted with the written consent of Rider & Horse. GTC version 1.1 as of: 08/05/2021 (http://www.riderandhorse.de)
Last updated on August 5th, 2021.