General Terms and Conditions
General terms and conditions with customer information
General Terms and Conditions
§ 1 Scope and supplier
§ 2 Conclusion of contract
§ 3 Prices
§ 4 Shipping costs
§ 5 Delivery costs
§ 6 Terms of payment
§ 7 Retention of title
§ 8 Cancellation policy
§ 9 Terms of delivery
§10 Warranty rights
§ 11 Limitation of liability
§ 12 Data protection
§ 11 Legal venue
§11 Final provisions
Frequently asked questions
How does the shopping cart system work?
Do I have to register?
When does my order become binding?
How is the contract text stored?
General Terms and Conditions (with legal information)
§1 Scope and provider
These General Terms and Conditions apply to all orders placed by consumers (§ 13BGB) via the online store of Kleinen Pferdeladen (www.pferdeladen.eu, Wagner, Krallenheide 1, 58339 Breckerfeld, Germany, phone (+49)01577-9041665 or mail firstname.lastname@example.org.
Consumer is any natural person or legal entity who enters into a legal transaction for a purpose that can be attributed neither to their commercial nor independent professional activity.The terms and conditions concern the use of the store * Pferdeladen.eu * and associated subdomains.
§2 Conclusion of contract
§2.1 The product representations in the online store serve for the delivery of a purchase offer. By clicking the button ( buy/order with costs ) you make a binding offer to purchase. The sale of our products is for private use only.
§2.2 We can accept your order by sending a separate order confirmation by mail or by delivery of the goods (after payment in advance) within 3 working days. The confirmation of receipt of the order is made by automated mails immediately after sending the order and does not constitute acceptance of the contract.
The prices stated on the product pages include the statutory value added tax and other price components and do not include shipping costs. With the update of the internet stores *Pferdeladen.eu* all previous prices and other information about the object of purchase become invalid. Decisive for invoicing is the price at the time of submitting the offer of the buyer.
Special orders will always be charged separately.
§4 Shipping costs
§4.1 For delivery within Germany, we charge a flat rate of 7 € per order (for details, please refer to Important Customer Information) If the buyer wants a special type of shipping, where higher costs are incurred, he must also bear these additional costs.
§ 4.2 If payment is made by cash on delivery, an additional fee will be charged and 2,-€ extra, which will be collected by the deliverer on the spot.
§ 4.3 The shipping costs are a service rendered and will not be refunded in the event of a return. If the shipment is "refused" or "not picked up" the shipping costs will still be charged or not refunded.
§5 Delivery conditions and self-delivery reservation
§5.1 Delivery is only with DHL , whips because of excess length with Iloxx
§5.2 The delivery time is 10-12 working days, unless otherwise stated in the offer. This information is not binding, unless otherwise agreed.
§5.3 If not all ordered products are in stock, we are entitled to partial deliveries at our expense, as far as this is reasonable for you.
§5.4 Should the delivery of the goods fail through your fault, we can withdraw from the contract. Any payments made for goods will be refunded to you immediately. But the shipping costs are a service rendered and will not be refunded in case of return. If the shipment is "refused" or "not picked up" the shipping costs will still be charged or not refunded
§5.5 If the ordered product is not available because we are not supplied with this product by our supplier through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately reimburse you for any payments already made.
§6 Terms of payment
§6.1 Payment shall be made either in advance, cash on delivery, PayPal or in cash. We reserve the right to accept or exclude certain payment methods in individual cases.
§6.2 If you choose payment in advance, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 14 days.When paying with PayPal, the debit of your PayPal account will take place immediately. Otherwise we will cancel the order.
§6.3 If you are in default of payment, the purchase price during the default at a rate of 5% points above the prime rate to pay interest. We reserve the right to prove and claim a higher damage caused by default.
§7 Retention of title The goods remain our property until full payment. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation without our consent is not permitted.Furthermore, *Pferdeladen.eu* is entitled to withdraw from the contract, even with regard to an outstanding part of the delivery or service, if false information about the creditworthiness of the buyer has been made or objective reasons have arisen with regard to the insolvency of the buyer, for example, the opening of insolvency proceedings on the assets of the buyer or the rejection of such proceedings for lack of cost-covering assets. Prior to withdrawal, the purchaser shall be given the opportunity to make an advance payment or to provide suitable security. Without prejudice to any claims for damages, in the event of partial withdrawal, any partial services already rendered shall be settled and paid in accordance with the contract.
§8 Right of withdrawal
§8.1 Consumers have a 14 day right of withdrawal.
§8 Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day with the receipt of the last goods.
To exercise your right of withdrawal, you must inform us ( www.pferdeladen.eu, Wagner, Krallenheide 1, 58339 Breckerfeld ) by means of a clear statement (eg a letter sent by mail, telephone 02338-8730676 or mail email@example.com) about your decision to revoke this contract. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, excluding delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. Furthermore, we may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us ( www.pferdeladen.eu, Wagner, Krallenheide 1, 58339 Breckerfeld ) without delay and in any case no later than 14 days from the day on which you informed us of the revocation. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods. If the goods should remain longer than 14 days despite revocation with you, we reserve ourselves the right to compute a use compensation, or you instead of a payment a coupon over your commodity value hand over.
You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.
Note on the non-existence of the right of withdrawal
§8.2 The right of withdrawal shall not apply to distance contracts for the delivery of goods
which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, (e.g.: embroidered accessories and specially made goods),
which can spoil quickly or whose expiry date would be quickly exceeded, (e.g.: herbs, food, spray)
which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery, (e.g.: brushes, combs, lambskin products ect.)
if they have been inseparably mixed with other goods after delivery due to their nature,
§8.3 Please avoid damage and contamination.Please send the goods back to us in the original packaging with all accessories and with all packaging components if possible. Please use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to defective packaging.
§8.4 Please note that the modalities mentioned in paragraph 8.3 are not a prerequisite for the effective exercise of the right of withdrawal.
§9 Transport damage
§9.1 If goods are delivered with obvious transport damage, please claim such defects immediately to the deliverer, and please contact us as soon as possible. (Phone (+49)01577-9041665, Mail to firstname.lastname@example.org)
§9.2 Failure to make a claim or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§10 Warranty For the articles offered in our store the legal warranty rights exist.
§ 10.1 *Pferdeladen.eu* warrants that the purchased item is free of defects at the time of delivery. If a material defect appears within two weeks after delivery of the object of purchase, it is assumed that it was already defective at the time of delivery, unless this assumption is incompatible with the nature of the object of purchase or the defect. If the material defect does not become apparent until two weeks have elapsed, the Buyer must prove that the material defect was already present at the time of handover of the object of purchase. § 10.2 If the object of purchase is defective at the time of handover, the Buyer shall have the right to demand, as supplementary performance, at his option, the removal of the defect or the delivery of a defect-free object of purchase. *Pferdeladen.eu* reserves the right to refuse the type of supplementary performance chosen by the buyer if it is impossible or only possible with disproportionate costs. In this case the claim of the buyer is limited to the other type of supplementary performance; the right to also refuse this under the conditions of sentence 1 remains unaffected.
§ 10.3 If *HorseDelivery.eu* delivers a defect-free object of purchase for the purpose of subsequent performance, *HorseDelivery.eu* may demand the return of the defective object of purchase from the Buyer.
§ 10.4 Claims of the buyer due to defects are subject to a limitation period of two years, in case of sale of used goods one year.
§ 10.5 Damages caused by improper or contrary to the contract measures of the buyer during installation, connection, operation or storage, do not justify any claim against *Pferdeladen.eu*. *HorseDelivery.eu* reserves the right to compensation for use if the consumer withdraws from the contract due to the defectiveness of a product.
§ 11 Limitation of liability *Pferdeladen.eu* is only liable for damages other than those caused by injury to life, body and health, as far as these damages are based on intentional or grossly negligent actions or on culpable violation of an essential contractual obligation by *Pferdeladen.eu* or its vicarious agents. Any further liability for damages is excluded. Claims from a guarantee given by *Pferdeladen.eu* for the quality of the object of purchase and the product liability law remain unaffected.
§11.1 According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the availability of our internet store at any time.
§ 12 Data protection All personal data required for the execution of the order will be stored in machine-readable form and treated confidentially. The data necessary for the processing of an order, such as name and address, will be passed on to the companies commissioned with the delivery of the object of purchase within the framework of the execution of the delivery.
§ 11 Place of Jurisdiction All disputes arising from this legal relationship shall be subject to the law of the Federal Republic of Germany. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded. Even if the buyer has a general place of jurisdiction in Germany, the court at the place of business of *Pferdeladen.eu* is responsible, unless an exclusive place of jurisdiction is established for the dispute.
§13 Final Provisions Should any provision of these general terms and conditions be invalid, the rest of the contract remains valid. Instead of the ineffective provisions, the relevant statutory provisions shall apply.
Frequently asked questions
How does the shopping cart system work? You can mark products without obligation by clicking the button ( add to shopping cart ). You can view your shopping cart at any time by clicking on the button (Show shopping cart) and delete products from the shopping cart by clicking on the button ("Symbol trash" or Remove from shopping cart). If you want to buy the products in the shopping cart, click on the button (Checkout). Articles are marked as follows". Available" Items will be delivered with the next shipment and can then be shipped. " In stock" Items are in stock and can be shipped immediately. Articles are "no longer available" after consultation.
Do I have to register? After selecting the products you will be asked to enter your data. The mandatory information is marked with a *. You can optionally open a customer account and order in future orders after entering your user name and password, without having to enter your address data again. You can also order without registration or you are already registered and just enter your already saved mail address and password.
Shipping costs? Will be listed individually in the next step under shipping and you must select the appropriate shipping method for your country.
When will my order be binding? On the page (Check & Order) you can check your entries again. By clicking the button (Buy) and by confirming the terms and conditions you complete the ordering process. Important comments, such as name requests, colors or sizes, you can specify under (Comments on the order).
How is the contract text stored? We store the contract text, the order data will be sent to you automatically, the terms and conditions on request separately. Your past orders can be viewed in your customer login area under (My Orders).you can view the terms and conditions under (Terms), print and save.
Breckerfeld, Krallenheide 13.01.2020