AGB

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General terms and conditions with customer information

 

Table of contents

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1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for assembly/installation services
9. Special conditions for repair services
10.Redemption of gift vouchers
11.Applicable law
12.Place of jurisdiction
13.Code of Conduct
14.Alternative dispute resolution

 

1) Scope

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1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of PH EQUESTRIAN "Phil Hutfilz" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online store. Herewith the inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.

 

1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.

 

1.3 Consumer in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

 

2) Conclusion of contract

 

2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but are intended for the submission of a binding offer by the customer.

 

2.2 The customer can submit the offer via the online order form integrated in the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, fax, e-mail, post or online contact form.

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2.3 The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

• by requesting the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract shall come into effect at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

 

2.4 When submitting an offer via the seller's online order form, the text of the contract is stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order together with these terms and conditions. In addition, the text of the contract is archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected customer account by entering the relevant login data, provided that the Customer has created a customer account in the Seller's online store before sending his order.

 

2.5 Before bindingly placing an order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which enlarges the display on the screen. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

 

2.6 Only the German language is available for the conclusion of the contract.

 

2.7 The order processing and contact is usually done via e-mail and automated order processing. The customer has to make sure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

 

3) Right of withdrawal

 

3.1 Consumers are generally entitled to a right of withdrawal.

 

3.2 Further information on the right of revocation can be found in the revocation instruction of the seller.

 

4) Prices and terms of payment

 

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.

 

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

 

4.3 The payment option(s) will be communicated to the customer in the online store of the seller.

 

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

 

4.5 If payment is made by means of a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

 

4.6 If the payment method "IMMEDIATELY" is selected, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY", the customer must have an online banking account with PIN/TAN procedure that is activated for participation in "IMMEDIATELY", must legitimize himself accordingly during the payment process and confirm the payment instruction to "IMMEDIATELY". The payment transaction will be executed immediately afterwards by "IMMEDIATELY" and the customer's bank account will be debited. The customer can find more detailed information on the payment method "IMMEDIATELY" on the Internet at https://www.klarna.com/sofort/.

 

4.7 If the payment method Invoice Purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case the purchase price is payable within 7(seven) days after receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method Invoice Purchase only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case the seller will inform the customer in his payment information in the online store about a corresponding payment restriction.

 

4.8 If you select the payment method Invoice Purchase via Heidelpay, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days of receipt of the invoice without deduction to Heidelberger Payment GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter referred to as "Heidelpay"). The payment method invoice purchase requires a successful credit check by Heidelpay. If the customer is allowed to use the payment method Invoice Purchase after credit assessment, the payment will be processed in cooperation with Heidelpay, to which the seller assigns his payment claim. In this case, the customer can only make payment to Heidelpay with debt discharging effect. Even if the payment method Invoice Purchase via Heidelpay is selected, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, declarations of revocation and shipments or credit notes.
The payment method invoice purchase via Heidelpay is excluded,
- if the order value falls below the amount of 25,00 Euro,
- if the delivery address specified by the customer is not identical to the billing address, in particular if a packing station or a post office box is specified  as the delivery address, or
- if the customer has not yet reached the age of 18.
In addition, the Seller reserves the right to offer the payment method Invoice Purchase via Heidelpay only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the customer in his payment information in the online store about a corresponding payment restriction.

 

4.9 If the payment method Direct Debit via Heidelpay is selected, the payment will be processed by the payment service provider Heidelberger Payment GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter referred to as "Heidelpay"), to which the Seller assigns his payment claim. Before accepting the declaration of assignment of the Seller, Heidelpay shall conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method direct debit via Heidelpay in case of a negative result of the check. If the payment method Direct Debit via Heidelpay is permitted by Heidelpay, Heidelpay will collect the invoice amount from the customer's bank account after a SEPA Direct Debit mandate has been issued, but not before the expiry of the period for advance information. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit via SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees arising from the chargeback by the respective bank if he is responsible for this.
The payment method direct debit via Heidelpay is excluded,
- if the order value falls below the amount of 25,00 Euro,
- if the delivery address specified by the customer is not identical to the billing address, in particular if a packing station or a post office box is specified as the delivery address, or
- if the customer has not yet reached the age of 18.
In addition, the Seller reserves the right to offer the payment method direct debit via Heidelpay only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the customer in his payment information in the online store about a corresponding payment restriction.

 

5) Delivery and shipping conditions

 

5.1 The delivery of goods is carried out by dispatch to the delivery address indicated by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address indicated in the order processing of the seller is decisive.

 

5.2 If the transport company returns the shipped goods to the seller because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller had announced the service a reasonable time in advance. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. For the costs of return shipment, the provision made in the seller's cancellation policy shall apply if the customer effectively exercises his right of cancellation.

 

5.3 In the case of self-collection, the seller will first inform the customer by e-mail that the goods ordered by the customer are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the seller's place of business after consultation with the seller. In this case no shipping costs will be charged.

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5.4 Vouchers are given to the customer as follows:

• by e-mail

• by post

 

6) Retention of title

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If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.

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7) Liability for defects (warranty)

 

7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

 

7.2 The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

 

7.3 Products with panic hooks are excluded from the warranty. Since we do not receive any warranty on this product from the supplier / manufacturer.

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8) Special conditions for assembly/installation services

 

If, according to the content of the contract, the Seller is responsible for the delivery of goods as well as the assembly or installation of the goods at the Customer's premises and, if necessary, appropriate preparatory measures (e.g. measurement), the following shall apply:

 

8.1 The Seller shall provide its services either in its own person or through qualified personnel selected by the Seller. In doing so, the Seller may also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to perform the desired service.

 

8.2 The customer must provide the seller with the information required for the provision of the service owed in full and truthfully, insofar as their procurement does not fall within the seller's scope of duties according to the content of the contract.

 

8.3 The seller will contact the customer after the conclusion of the contract in order to arrange a date for the performance owed. The customer shall ensure that the seller or the personnel commissioned by the seller have access to the customer's facilities on the agreed date.

 

9) Special conditions for repair services

 

If, according to the content of the contract, the seller is obliged to repair an item belonging to the customer, the following applies:

 

9.1 Repair services are provided at the registered office of the seller.

 

9.2 The Seller shall provide its services either in its own person or through qualified personnel selected by the Seller. In doing so, the Seller may also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to perform the desired service.

 

9.3 The customer must provide the seller with all information necessary for the repair of the item, provided that its procurement does not fall within the seller's scope of duties according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the fault and inform him of all circumstances that could be the cause of the fault detected.

 

9.4 Unless otherwise agreed, the customer shall ship the item to be repaired to the seller's registered office at his own expense and risk. The seller recommends the customer to take out a transport insurance for this purpose. Furthermore, the seller recommends the customer to send the item in suitable transport packaging to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will inform the customer immediately about obvious transport damages, so that the customer can assert his rights against the carrier.

 

9.5 The return of the goods is at the expense of the customer. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer when the goods are handed over to a suitable transport person at the business location of the seller. At the customer's request, the seller will take out transport insurance for the goods.

 

9.6 The customer may also bring the item to be repaired to the seller's premises and collect it from the seller himself, if this is stated in the seller's service description or if the parties have reached a corresponding agreement. In this case, the above provisions on the bearing of costs and risk in the case of dispatch and return of the item shall apply accordingly.

 

9.7 The aforementioned regulations do not limit the customer's statutory rights in case of purchase of goods from the seller.

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9.8 The Seller shall be liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.

 

10) Redemption of gift vouchers

 

10.1 Vouchers that can be purchased through the Seller's online store (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online store, unless otherwise stated in the Voucher.

 

10.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining credit balances are credited to the customer until the expiration date.

 

10.3 Gift certificates can only be redeemed before the order process is completed. Subsequent charging is not possible.

 

10.4 Only one gift voucher can be redeemed per order.

 

10.5 Gift certificates can only be used for the purchase of goods and not for the purchase of other gift certificates.

 

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

 

10.7 The credit balance of a gift voucher is neither paid out in cash nor bears interest.

 

10.8 The gift voucher is transferable. The Seller may make payments with discharging effect to the respective holder who redeems the gift certificate in the Seller's online store. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization to represent the respective owner.

 

11) Applicable law

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All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

 

12) Place of jurisdiction

 

If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the Seller shall in any case be entitled to call upon the court at the Customer's place of business.

 

13) Code of Conduct

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• The Seller has submitted to the conditions of participation in the eCommerce initiative "Fairness in Trade", which can be viewed on the Internet at http://www.fairness-im-handel.de/teilnahmebedingungen/.

• The salesman subjected himself to the Trusted Shops quality criteria, which are observable in the Internet under http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

 

14) Alternative dispute resolution

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14.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

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14.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

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