LEGAL · VERSION 24-06-2023

General conditions

The terms and conditions that apply to all orders and agreements between Horse & Home Decoration and its customers.

Below you will find the general terms and conditions that apply to every order you place with Horse & Home Decoration. Do you have a question about a specific item? Call or email. even, then I'll take a look.

Version valid from: 24-06-2023

Applies to: Horse & Home Decoration, Koningsbosch

Article 1

Definitions

In these general terms and conditions, the following is understood to mean:

Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract of these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur.

Cooling-off period: the period within which the consumer can exercise his right of withdrawal.

Consumer: a natural person who buys a product and who is not acting for a profession or business.

Day: calendar day.

Digital content: data that are produced and delivered in digital form.

Long-term agreement: an agreement providing for the regular delivery of goods, services and/or digital content over a specified period.

Durable data carrier: any device — including email — that enables the consumer or entrepreneur to store information addressed to them personally in a manner that allows for future consultation or use for a period commensurate with the purpose for which the information is intended, and that enables the unaltered reproduction of the stored information.

Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period.

Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I need not be made available if the consumer does not have a right of withdrawal in respect of his order.

Entrepreneur: Horse & Home Decoration.

Distance contract: an agreement concluded between the seller and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby one or more remote communication techniques are used exclusively or partly up to and including the conclusion of the agreement.

Product: goods and/or services.

Price: the price of the offered product and/or service, including VAT and excluding shipping costs.

Techniques for remote communication: means that can be used to conclude an agreement without the consumer and the entrepreneur having to be present in the same place at the same time.

Postage costs: costs associated with shipping the product or service.

Article 2

General

1.  These general terms and conditions apply to every offer made by the entrepreneur and to every agreement concluded between the entrepreneur and the consumer. The conditions are accessible to everyone and are included on the website where the relevant goods are offered. We will send you a written copy upon request.

2.  By placing an order, you indicate that you agree to the delivery and payment terms. The Entrepreneur reserves the right to amend its delivery and/or payment terms after the expiration of the term.

3. Unless otherwise agreed in writing, the general or specific terms or conditions of third parties are not recognized by the entrepreneur.

4. The entrepreneur guarantees that the delivered product conforms to the agreement and meets the specifications stated in the offer.

Article 3

Delivery

1. Delivery is subject to availability.

2. In accordance with distance selling regulations, the entrepreneur shall execute orders within at least 7 days, unless a different delivery period has been agreed upon. If delivery within 7 days or the agreed delivery time is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed at all or only partially, the consumer will be notified within 7 days of placing the order. In that case, the consumer has the right to cancel the order without cost or notice of default.

3. The entrepreneur's obligation to deliver shall, unless proven otherwise, be deemed fulfilled as soon as the goods delivered by the entrepreneur have been offered to the purchaser once or have been offered at the agreed collection point. In the case of home delivery, the carrier's report stating the refusal of acceptance constitutes full proof of the offer of delivery. In the case of delivery to a collection point, the tracking certificate stating the offer at the collection point serves as proof of the offer of delivery.

4. All timeframes mentioned on the website are indicative. Therefore, no rights can be derived from the stated timeframes.

5. Upon receipt of your order, you are requested to check whether all ordered items have been received in good order. If you have any comments, please report this within 48 hours of delivery of the package. You must send this report by email to info@horsehomedecoration.com including illustrative photos of the observed problem. Irregularities reported later are covered by the applicable warranty, which depends in part on the date of commissioning or the duration of possession of the product.

Article 4

Prices

1. Prices will not be increased within the validity period of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.

2. All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.

3. All prices on the site are in euros and include VAT.

4. The stated prices are exclusive of shipping costs. These costs depend on the agreed shipping method. This is determined with the consumer before the agreement is concluded.

5. The entrepreneur can set a threshold for free shipping. The threshold for free shipping is a minimum order value of €75.00. The minimum order value of €75.00 must also be met after returning items to remain eligible for free shipping. If the minimum order value falls below €75.00, the shipping costs will be deducted from the returned items.

Article 5

Inspection period / right of withdrawal

1. In the case of a distance purchase by the consumer, the consumer has the right to return (part of) the delivered goods within a period of 14 days without giving any reason.

2. This period commences at the moment the ordered items have been delivered in accordance with the provisions of Article 3.3 of these general terms and conditions. Before proceeding with the return, the consumer is obliged to notify the entrepreneur in writing or by email within the period of 14 days after delivery. If the consumer has not notified the entrepreneur within the 14-day inspection period after receipt that they wish to exercise their statutory right of return, the consumer is bound by the purchase.

3. During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall unpack or use the product only to the extent necessary to assess the nature, characteristics, and functioning of the product. The underlying principle here is that the consumer may only handle and inspect the product as would be permitted in a store.

4. If the consumer exercises his right of withdrawal, the consumer shall return the product to the entrepreneur within 28 days (after delivery), in accordance with the reasonable and clear instructions provided by the entrepreneur.

5. The consumer must prove that the delivered goods were returned in a timely manner, for example by means of proof of postal delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition.

6. The consumer is only liable for any decrease in the value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 3.

7. The entrepreneur will arrange for a refund within 14 days of receiving the return shipment in good order. Upon return of the entire purchase, the full purchase amount will be refunded to the consumer. If only a part of the received purchases is returned, only the purchase value of the returned items will be refunded to the consumer. Additional costs resulting from a more expensive shipping method than the cheapest standard delivery will never be refunded.

8. The return of the delivered goods is entirely at the expense and risk of the consumer.

9. The right of withdrawal does not apply to:

    • service contracts, after full performance of the service, and only when performance has begun with the express prior consent of the consumer and the consumer has declared that he loses his right of withdrawal as soon as the trader has fully performed the contract;
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    • goods or services the price of which is subject to fluctuations on the financial market, over which the supplier has no influence and which may occur within the withdrawal period;
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    • goods manufactured according to consumer specifications (for example, custom-made items) or which have a clearly personal character;
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    • products whose shelf life has expired within the 14-day cooling-off period (perishable goods);
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    • sealed products that are not suitable for return for health or hygiene reasons and whose seal has been broken after delivery;
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    • sealed audio, video or software carriers whose seal has been broken;
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    • goods or services that cannot be returned by their nature, for example due to hygiene reasons or because they can quickly spoil or become obsolete.

Article 6

Data management

1. If you place an order with the entrepreneur, your data will be included in the entrepreneur's customer database, in compliance with personal data legislation. Your data will not be provided to third parties, with the exception of companies necessary for the execution of the agreement (e.g., carrier, bank, website administrator).

2. The Entrepreneur respects the privacy of the consumers of the website and ensures the confidential treatment of the relevant personal data. See also the privacy policy.

Article 7

Warranty and conformity

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.

2. A guarantee offered by the entrepreneur, manufacturer, or importer does not detract from the rights and claims that the consumer may assert against Horse & Home Decoration regarding a failure to perform the obligations of Horse & Home Decoration pursuant to the law and/or the distance contract.

3. If it appears that the delivered item is incorrect, defective, or incomplete, the consumer must report these defects to the entrepreneur within 14 days of receipt (before proceeding to return the item to the entrepreneur). The items must be returned in their original packaging (including accessories and accompanying documentation). Use of the item after discovery of defects, damage occurring after discovery of defects, encumbrance, and/or resale after discovery of defects, completely invalidates the right to complain and return the item.

4. If the consumer's complaints are found to be justified by the entrepreneur, the entrepreneur shall, at the consumer's option, repair or replace the delivered goods free of charge. Any liability of the entrepreneur for damages is limited to a maximum of the invoice amount of the goods in question, or (at the entrepreneur's option) to the maximum amount payable in the relevant case by the entrepreneur's liability insurance. Any liability of the entrepreneur for any other form of damage is excluded, including but not limited to supplementary compensation in any form whatsoever, compensation for indirect damage or consequential damage, or damage due to lost profits.

5. The Entrepreneur is not liable for damage caused by intent or equivalent conscious recklessness on the part of non-managerial personnel.

6. This warranty does not apply if:

    • the consumer is in default towards the entrepreneur;
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    • the consumer has repaired and/or modified the delivered goods himself or has had them repaired and/or modified by third parties;
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    • the delivered goods have been exposed to abnormal conditions or have otherwise been handled carelessly or treated contrary to the instructions of the entrepreneur and/or the instructions for use on the packaging.

Article 8

Offers

1. Offers are without obligation, unless stated otherwise in the offer.

2. Upon acceptance of a non-binding offer by the consumer, the entrepreneur reserves the right to revoke or deviate from the offer within a period of 3 working days after receipt of such acceptance.

3. Oral commitments bind the entrepreneur only after they have been expressly confirmed in writing.

4. Offers from the entrepreneur do not automatically apply to repeat orders.

5. The entrepreneur cannot be held to its offer if the consumer ought to have understood that the offer, or a part thereof, contained an obvious error or clerical mistake.

6. Additions, amendments, and/or further agreements are only valid if agreed upon in writing.

Article 8

Offers

1. Offers are without obligation, unless stated otherwise in the offer.

2. Upon acceptance of a non-binding offer by the consumer, the entrepreneur reserves the right to revoke or deviate from the offer within a period of 3 working days after receipt of such acceptance.

3. Oral commitments bind the entrepreneur only after they have been expressly confirmed in writing.

4. Offers from the entrepreneur do not automatically apply to repeat orders.

5. The entrepreneur cannot be held to its offer if the consumer ought to have understood that the offer, or a part thereof, contained an obvious error or clerical mistake.

6. Additions, amendments, and/or further agreements are only valid if agreed upon in writing.

Article 9

Agreement

1. An agreement between an entrepreneur and a consumer is concluded after an order or assignment has been assessed by the entrepreneur for feasibility.

2. The Entrepreneur reserves the right not to accept orders or assignments without giving reasons, or to accept them only on the condition that shipment is made COD (cash on delivery) or after prepayment.

Article 10

Images and specifications

1. All images, photos, drawings, and data concerning weights, dimensions, colors, images of labels, etc., on the entrepreneur's website are approximate only, are indicative, and cannot give rise to claims for compensation.

Article 11

Force majeur

1. The Entrepreneur is not liable if and to the extent that its obligations cannot be fulfilled due to force majeure.

2. Force majeure is understood to mean any external cause, as well as any circumstance which cannot reasonably be ought to be at its risk. Delays or non-performance by suppliers, internet outages, power outages, email traffic failures, and failures or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers of the entrepreneur as well as of auxiliary personnel, illness of personnel, and defects in auxiliary or transport equipment are expressly considered force majeure.

3. In the event of force majeure, the Entrepreneur reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be modified in such a way that performance remains possible. In no case shall the Entrepreneur be obliged to pay any penalty or compensation.

4. If, upon the occurrence of force majeure, the Entrepreneur has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the deliverable part separately, and the Customer is obliged to pay this invoice as if it were a separate contract. The foregoing does not apply if the part already delivered or deliverable has no independent value.

Article 12

Liability

1. Horse & Home Decoration is not liable for consequential damage and/or damage to vehicles or other objects caused by the improper use of the products. Before use, read the directions on the packaging as well as the manufacturer's instructions. Should Horse & Home Decoration be held liable in any way, this liability shall be limited to the invoice amount of the purchase.

Article 13

Retention of title

1. Ownership of all goods sold and delivered by the entrepreneur to the consumer remains with the entrepreneur as long as the consumer has not satisfied the entrepreneur's claims arising from the agreement or from earlier or later similar agreements, and/or as long as the consumer has not yet paid for the work performed or yet to be performed under this and/or similar agreements, and/or as long as the consumer has not yet satisfied the entrepreneur's claims due to failure to perform such obligations, including claims for fines, interest, and costs, all as referred to in Article 3:92 of the Dutch Civil Code.

2. The goods supplied by the entrepreneur which are subject to retention of title may never be used as a means of payment.

3. The consumer is not authorized to pledge the goods subject to retention of title, nor to encumber and/or alienate them in any other way.

4. The consumer hereby grants unconditional and irrevocable permission to the entrepreneur or a third party to be appointed by the entrepreneur to enter, in all cases where the entrepreneur wishes to exercise the ownership rights, all places where the properties will then be located and to take said items away from there.

5. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the consumer is obliged to inform the entrepreneur thereof as soon as may reasonably be expected.

6. The consumer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage, as well as against theft, and to provide the policy of this insurance for inspection to the entrepreneur upon first request.

Article 14

Applicable law / competent court

1. Dutch law applies to all agreements.

2. Disputes arising from an agreement between the entrepreneur and the consumer which cannot be resolved by mutual agreement shall be heard by the competent court within the district of Roermond, unless the entrepreneur prefers to submit the dispute to the competent court of the buyer's place of residence, and with the exception of those disputes that fall within the jurisdiction of the sub-district court.

Horse & Home Decoration

Address

  • Koestraat 51
    6104 AK Koningsbosch

Article 14

  • 90037928

Bank (IBAN)

  • NL08 KNAB 0612 6325 55

Phone & email

VAT

  • NL004781567B20

Website

Version valid from 24-06-2023. If you have any questions about these terms and conditions, feel free to call, text, or email me.

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