Tems And conditions Ridershouse
Table of Contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Long-term transactions: duration, termination, and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 17 - Safety Articles - instructions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can make use ofhis right of withdrawal; Read all about the cooling-off period
Consumer: the natural person who does not act in the exercise of hisprofession or business and enters into a distance contract with theentrepreneur;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of productsand/or services, the delivery and/or purchase obligation of which is spreadover time;
Durable medium: any means that enables the consumer or entrepreneur tostore information addressed to him personally in a way that allows futureconsultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from thedistance contract within the cooling-off period;
Model withdrawal form: the model withdrawal form that the entrepreneurmakes available that a consumer can fill in when he wishes to make use ofhis right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/orservices to consumers at a distance;
Distance contract: a contract whereby, within the framework of a systemorganized by the entrepreneur for distance selling of products and/orservices, up to and including the conclusion of the contract, only one ormore techniques for communication at a distance are used;
Technique for communication at a distance: a means that can be used toconclude a contract, without the consumer and entrepreneur being in thesame room at the same time.
General Terms and Conditions: the present General Terms and Conditions ofthe entrepreneur.
Article 2 - Identity of the entrepreneur
Ridershouse BV
Parallelweg 20-L
8152BE
Netherlands
E info@ridershouse.nl (mailto:info@ridershouse.nl)
Chamber of Commerce 89396073
VAT number NL864969740B01
Article 3 - Applicability
These general terms and conditions apply to every offer from theentrepreneur and to every distance contract and orders concluded betweenthe entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general termsand conditions will be made available to the consumer. If this is notreasonably possible, it will be indicated before the distance contract isconcluded that the general terms and conditions are available forinspection at the entrepreneur's premises and they will be sent to theconsumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, in deviation from theprevious paragraph and before the distance contract is concluded, the textof these general terms and conditions can be made available to the consumerby electronic means in such a way that the consumer can easily store themon a durable medium. If this is not reasonably possible, it will beindicated before the distance contract is concluded where the general termsand conditions can be consulted electronically and that they will be sentto the consumer free of charge by electronic means or in some other wayupon request.
In the event that in addition to these general terms and conditions,specific product or service terms and conditions apply, the second andthird paragraphs shall apply mutatis mutandis and the consumer may alwaysinvoke the applicable provision that is most favorable to him in the eventof conflicting general terms and conditions.
If one or more provisions in these general terms and conditions areentirely or partially null and void or are annulled at any time, theagreement and these terms and conditions shall remain in effect for theremainder and the provision in question shall be replaced in consultationas soon as possible.
Situations that are not regulated in these general terms and conditionsmust be assessed 'in the spirit' of these general terms and conditions.
Ambiguities in the interpretation or content of one or more provisions ofour terms and conditions must be interpreted 'in the spirit' of thesegeneral terms and conditions.
Article 4 - The offer
If an offer has a limited validity period or is subject to conditions, thiswill be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change andadapt the offer.
The offer contains a complete and accurate description of the productsand/or services offered. The description is sufficiently detailed to enablethe consumer to make a proper assessment of the offer. If the entrepreneuruses images, these are a true representation of the products and/orservices offered. Obvious errors or mistakes in the offer do not bind theentrepreneur.
All images, specifications, data in the offer are indicative and cannotlead to compensation or termination of the agreement.
Images of products are a true representation of the products offered. Theentrepreneur cannot guarantee that the displayed colors exactly match theactual colors of the products.
Every offer contains such information that it is clear to the consumer whatthe rights and obligations are that are attached to the acceptance of theoffer. This concerns in particular: the price including taxes; any shippingcosts;
the manner in which the agreement will be concluded and what actions arerequired for this; whether or not the right of withdrawal applies; themethod of payment, delivery, and execution of the agreement;
the period for acceptance of the offer, or the period within which theentrepreneur guarantees the price;
the amount of the rate for communication at a distance if the costs ofusing the communication technique at a distance are calculated on a basisother than the regular base rate for the communication medium used;
whether the agreement is archived after it is concluded, and if so, how itcan be consulted by the consumer;
how the consumer, before concluding the agreement, can check the dataprovided by him in the context of the agreement and, if desired, restoreit;
any languages in which, in addition to Dutch, the agreement can beconcluded;
the codes of conduct to which the entrepreneur has submitted and the way inwhich the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the case of a long-termtransaction.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, atthe moment of acceptance by the consumer of the offer and compliance withthe conditions set.
If the consumer has accepted the offer electronically, the entrepreneurwill immediately confirm receipt of the acceptance of the offerelectronically. As long as the receipt of this acceptance has not beenconfirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will takeappropriate technical and organizational measures to secure the electronictransfer of data and ensure a secure web environment. If the consumer canpay electronically, the entrepreneur will take appropriate securitymeasures for this.
Within the framework of the law, the entrepreneur can inform himselfwhether the consumer can meet his payment obligations, as well as all thosefacts and factors that are important for a responsible conclusion of thedistance agreement. If, on the basis of this investigation, theentrepreneur has good grounds not to enter into the agreement, he isentitled to refuse an order or request or to attach special conditions tothe execution.
The entrepreneur will send the following information about the product orservice along with the product to the consumer in writing or in such a waythat it can be stored by the consumer in an accessible manner on a durablemedium:
the visiting address of the establishment of the entrepreneur where theconsumer can address complaints;
the conditions under which and the manner in which the consumer can makeuse of the right of withdrawal, or a clear indication regarding theexclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the information referred to in article 4 paragraph 3 of these terms andconditions, unless the entrepreneur has already provided this informationto the consumer before the performance of the agreement;
the requirements for terminating the agreement if the agreement has aduration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previousparagraph only applies to the first delivery.
Every agreement is entered into under the suspensive conditions ofsufficient availability of the products in question.
Article 6 - Right of withdrawal
With product delivery:
In the case of the purchase of products, the consumer has the option todissolve the agreement without stating reasons within 14 days. Thiscooling-off period starts on the day after the consumer receives theproduct or a pre-designated and announced representative to theentrepreneur.
During the cooling-off period, the consumer will handle the product andpackaging with care. He will only unpack or use the product to the extentnecessary to assess whether he wishes to keep the product. If he wishes toexercise his right of withdrawal, he will return the product with allaccessories supplied and - if reasonably possible - in the originalcondition and packaging to the entrepreneur, in accordance with thereasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he isobliged to make this known to the entrepreneur within 14 days afterreceiving the product. The consumer must make this known via the model formor by any other means of communication such as by e-mail. After theconsumer has made it known that he wishes to make use of his right ofwithdrawal, the customer must return the product within 14 days. Theconsumer must prove that the delivered goods have been returned on time, forexample by means of a proof of shipment.
If the customer has not indicated that he wishes to make use of his rightof withdrawal or has not returned the product to the entrepreneur after theexpiry of the periods specified in paragraphs 2 and 3, the purchase is afact.
With the delivery of services:
In the case of the delivery of services, the consumer has the option todissolve the agreement without stating reasons within at least 14 days,starting on the day of entering into the agreement.
To exercise his right of withdrawal, the consumer will be guided by thereasonable and clear instructions provided by the entrepreneur with theoffer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs ofreturning the goods are at most for his account.
If the consumer has paid an amount, the entrepreneur will refund thisamount as soon as possible, but no later than 14 days after withdrawal. Thecondition here is that the product has already been returned by theconsumer to the webshop owner or that conclusive proof of complete returnis provided. Repayment will be made via the same payment method used by theconsumer unless the consumer expressly agrees to another payment method.
The consumer is not liable for any depreciation of the product if it is dueto the entrepreneur not having provided all legally required informationabout the right of withdrawal before concluding the purchase agreement.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal forproducts as described in paragraphs 2 and 3. The exclusion of the right ofwithdrawal only applies if the entrepreneur has clearly stated this in theoffer, at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been produced by the entrepreneur in accordance with theconsumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations on the financial market over whichthe entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software that the consumer hasbroken the seal on;
for hygiene products that the consumer has broken the seal on.
Exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, restaurant business or leisureactivities to be provided on a specific date or during a specific period;
where the delivery has started with the express consent of the consumerbefore the cooling-off period has expired;
concerning bets and lotteries.
Article 9 - The price
During the validity period stated in the offer, the prices of the productsand/or services offered will not be increased, except for price changes dueto changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offerproducts or services whose prices are subject to fluctuations on thefinancial market and over which the entrepreneur has no influence, withvariable prices. These fluctuating prices and the fact that any pricesquoted are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement areonly allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement areonly allowed if the entrepreneur has agreed to this and:
these are the result of legal regulations or provisions; or
the consumer has the authority to terminate the agreement from the day theprice increase takes effect.
The prices stated in the offer of products or services are inclusive ofVAT.
All prices are subject to printing and typing errors. No liability isaccepted for the consequences of printing and typing errors. Theentrepreneur is not obliged to deliver the product at the incorrect pricein the event of printing and typing errors.
Article 10 - Conformity and warranty
The entrepreneur guarantees that the products and/or services comply withthe agreement, the specifications stated in the offer, the reasonablerequirements of soundness and/or usability and the legal provisions and/orgovernment regulations existing on the date of the conclusion of theagreement. If agreed, the entrepreneur also guarantees that the product issuitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer doesnot affect the legal rights and claims that the consumer can assert againstthe entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported in writingto the entrepreneur within 2 months after discovery.
The entrepreneur's warranty period corresponds to the manufacturer'swarranty period. However, the entrepreneur is never responsible for theultimate suitability of the products for each individual application by theconsumer, nor for any advice regarding the use or application of theproducts.
The warranty does not apply if:
the consumer has repaired or tampered with the delivered products himselfor has had them repaired or tampered with by third parties;
the delivered products have been exposed to abnormal conditions orotherwise handled carelessly or contrary to the instructions of theentrepreneur and/or the packaging;
the defect is wholly or partly the result of regulations that thegovernment has or will impose on the nature or quality of the materialsused.
Article 11 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving andexecuting product orders and when assessing requests for the provision ofservices.
The consumer's address will be considered the place of delivery.
The entrepreneur will execute accepted orders with due speed but at thelatest within 30 days, unless a longer delivery period has been agreed. Ifthe delivery is delayed, or if an order cannot be executed or can only beexecuted in part, the consumer will be informed of this no later than 30days after he has placed the order. In this case, the consumer has theright to dissolve the agreement free of charge. The consumer is notentitled to compensation in this case.
All delivery times are indicative. No rights can be derived from any stateddeadlines. Exceeding a deadline does not entitle the consumer tocompensation.
In the event of termination in accordance with paragraph 3 of this article,the entrepreneur will refund the amount paid by the consumer as soon aspossible, but no later than 14 days after termination.
If it turns out to be impossible to deliver a product that has beenordered, the entrepreneur will make every effort to make a replacement itemavailable. It will be clearly and comprehensibly indicated at the time ofdelivery that a replacement item is being delivered. The right ofwithdrawal cannot be excluded for replacement items. The costs of anyreturn shipment are for the entrepreneur's account.
The risk of damage and/or loss of products lies with the entrepreneur untilthe moment of delivery to the consumer or a pre-designated and announcedrepresentative to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Long-term transactions: duration, termination, and extension Termination
The consumer can terminate an agreement that has been entered into for anindefinite period and that is intended to deliver products (includingelectricity) or services regularly at any time with due observance of theagreed termination rules and a notice period of at most one month.
The consumer can terminate an agreement that has been entered into for afixed period and that is intended to deliver products (includingelectricity) or services regularly at any time at the end of the fixedperiod with due observance of the agreed termination rules and a noticeperiod of at most one month.
The consumer can terminate the agreements mentioned in the previousparagraphs:
at any time and not be limited to termination at a specific time or in aspecific period;
at least terminate in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur hasstipulated for himself.
Extension
An agreement entered into for a fixed period and that is intended todeliver products (including electricity) or services regularly may not betacitly extended or renewed for a fixed period.
In deviation from the previous paragraph, an agreement entered into for afixed period and that is intended to deliver newspapers, news and weeklymagazines, and magazines may be tacitly extended for a fixed period of upto three months if the consumer can terminate this extended agreement atthe end of the extension with a notice period of at most one month.
An agreement entered into for a fixed period and that is intended todeliver products or services regularly may only be tacitly extended for anindefinite period if the consumer can terminate the agreement at any timewith a notice period of at most one month and a notice period of at mostthree months in the event the agreement is intended to deliver, but lessthan once a month, daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular provision of daily,news and weekly newspapers and magazines (trial or introductorysubscription) is not automatically extended and ends automatically afterthe trial or introductory period has expired.
Duration
If an agreement has a duration of more than one year, the consumer mayterminate the agreement at any time after one year with a notice period ofat most one month, unless the reasonableness and fairness opposetermination before the agreed duration has expired.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paidwithin 7 working days after the commencement of the cooling-off periodreferred to in Article 6 paragraph 1. In the case of an agreement for theprovision of a service, this period starts after the consumer has receivedthe confirmation of the agreement.
The consumer has the duty to report inaccuracies in payment detailsprovided or mentioned to the entrepreneur without delay.
In the event of default by the consumer, subject to legal restrictions, theentrepreneur has the right to charge the consumer the reasonable costscommunicated in advance.
Article 14 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure andhandles complaints in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to theentrepreneur in writing and described in full within 2 months after theconsumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a periodof 14 days from the date of receipt. If a complaint requires a foreseeablelonger processing time, the entrepreneur will respond within the period of14 days with a message of receipt and an indication of when the consumercan expect a more detailed answer.
If a complaint cannot be resolved by mutual agreement, a dispute arisesthat is susceptible to the dispute settlement process.
In the event of complaints, a consumer must first turn to the entrepreneur.If the webshop is affiliated with WebwinkelKeur and complaints that cannotbe resolved mutually, the consumer can submit the dispute to WebwinkelKeurfor mediation. If the mediation process does not lead to a satisfactorysolution, the dispute can be submitted to the Disputes Committee (SGC).
A complaint does not suspend the obligations of the entrepreneur unless theentrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, theentrepreneur will, at his discretion, either replace or repair thedelivered products free of charge.
Article 15 - Disputes
Dutch law exclusively applies to agreements between the entrepreneur andthe consumer to which these general terms and conditions apply.
Disputes between the consumer and the entrepreneur about the conclusion orperformance of agreements with regard to products and services to bedelivered or delivered by this entrepreneur can be submitted by both theconsumer and the entrepreneur to WebwinkelKeur for mediation.
If the dispute cannot be resolved by mediation, a dispute will arise thatis susceptible to the dispute settlement process.
In the event of a dispute, the consumer should first turn to theentrepreneur. If the webshop is affiliated with WebwinkelKeur andcomplaints that cannot be resolved mutually, the consumer can submit thedispute to WebwinkelKeur for mediation. If the mediation process does notlead to a satisfactory solution, the dispute can be submitted to theDisputes Committee (SGC).
A dispute will only be handled by the Disputes Committee if the consumerhas first submitted the complaint to the entrepreneur.
If the entrepreneur wishes to submit a dispute to the Disputes Committee,the consumer will have to respond in writing within five weeks after arequest from the entrepreneur whether he agrees to this, or if he wishesthe dispute to be handled by the competent court. If the consumer does notindicate his choice within this period, the entrepreneur has the right tosubmit the dispute to the competent court.
The Disputes Committee's decisions take the form of binding advice.
The Disputes Committee will not handle a dispute or will discontinuehandling if the entrepreneur is granted a suspension of payments, has beendeclared bankrupt, or has actually terminated his activities before thecommittee has dealt with the dispute in a session and a final decision hasbeen taken.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from these terms and conditions may notbe to the detriment of the consumer and must be recorded in writing or insuch a way that they can be stored by the consumer in an accessible manneron a durable medium.
Article 17 - Safety Articles – instructions
These terms and conditions govern the use of all websites of Ridershouse bvand the purchase of safety products such as stirrups, helmets (caps), airjackets, and all related items. By accessing our website or purchasing fromus, you agree to these terms in full.
Product Safety and Usage
Safety products sold by Ridershouse are to be used for equestrian sports,as described on the product data sheet, only. To ensure theireffectiveness, it is essential that each product is used, installed andmaintained according to the manufacturer’s instructions.
Customer Responsibility
By purchasing safety products from Ridershouse, customers agree to thefollowing: Ridershouse is not liable for any injuries or damages resultingfrom usage of safety equipment.
Acknowledgment of Instructions: The customer confirms that they have readand understood the installation and usage instructions provided for eachproduct. These instructions are available on the product packaging orprovided digitally via our website, the manufacturer’s website or by email.
Proper Installation: It is the responsibility of the customer to installand/or wear the safety products correctly as per the instructions.
Regular Inspection: Customers are responsible for regularly inspectingtheir safety equipment to ensure it is in good condition and functioningproperly. In the case of damage or wear, the product must be replaced orrepaired according to the manufacturer’s recommendations.
Liability Disclaimer
No Warranty of Safety: While our products are designed to provideprotection, Ridershouse does not guarantee complete protection from injuryin the case of accidents. The effectiveness of the products is subject tocorrect usage, installation, and maintenance.
Limited Liability: Ridershouse shall not be liable for any indirect,incidental, or consequential damages arising from the use or inability touse the products sold. Our liability in any claim related to a productshall not exceed the purchase price of the product in question.
Article 18 Privacy Policy
We respect your privacy and are committed to protecting your personal data.Please refer to our Privacy Policy for details on how we collect, use, andprotect your information.
Governing Law
These terms and conditions are governed by the laws of the Netherlands/Zwolle. Any disputes arising from these terms shall be subject to theexclusive jurisdiction of the courts of Netherlands / Zwolle.
Changes to Terms and Conditions
Ridershouse reserves the right to modify these terms and conditions at anytime. Customers are encouraged to review these terms periodically for anychanges.
If you have any questions about these terms and conditions, please contactus at info@ridershouse.nl (mailto:info@ridershouse.nl).
These terms and conditions were last updated on [25-10-2024].