Terms & Conditions
GENERAL TERMS AND CONDITIONS (ONLINE SHOP B2B)
§ 1 Scope and Provider
1. These terms and conditions apply to all orders that you place
the online shop of
TransHorse Sport GmbH & Co. KG
49201 Dissen a.T.W. - Germany
Osnabrück District Court, HRA 202679
2. The range of goods in our online shop is aimed exclusively at buyers
who have reached the age of 18 as entrepreneurs within the meaning of Section 14 Para.
1 BGB are to be seen in their turn with articles for equestrian sport.
In this regard, TransHorse Sport GmbH & Co. KG reserves the right to
to request corresponding evidence of this activity from the customer.
3. Deliveries by TransHorse Sport GmbH & Co. KG, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict the general terms and conditions of TransHorse Sport GmbH & Co. KG is already contradicted.
4. Contract languages are German and English.
5. You can call up and print out the currently valid general terms and conditions under the link _______________.
§ 2 conclusion of contract
1. The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
2. You can only order goods after you have successfully registered as a customer of TransHorse Sport GmbH & Co. KG. After successful registration, you will receive a corresponding confirmation by email to the email address you provided.
3. By clicking the button "I am aware that the shipping costs will be added to the order after receipt of the order" you agree that the shipping costs will only be determined after the conclusion of the contract when processing the order and added to the total invoice amount plus applicable sales tax.
4. By clicking the button ["buy" / "order now with obligation to pay"] you are submitting a binding purchase offer (§ 145 BGB).
5. After receipt of the purchase offer you will receive an automatically generated e-mail with which TransHorse Sport GmbH & Co. KG confirms that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded with the confirmation of receipt.
6. A purchase contract for the goods is only concluded if TransHorse Sport GmbH & Co. KG expressly declares acceptance of the purchase offer by sending an order confirmation (order confirmation) or if TransHorse Sport GmbH & Co. KG accepts the goods - without a prior express declaration of acceptance - sent to you.
§ 3 prices
The prices quoted on the product pages are net and do not include the respective statutory sales tax and the respective shipping or delivery costs. The shipping costs are determined after receipt of the order and
communicated in the order confirmation. These amount to at least 5 euros per order for shipping or transport and delivery costs and packaging per delivery, but at most (for deliveries to other European countries) 10,000.00 €. In the event that the shipping costs exceed the aforementioned amount, TransHorse Sport GmbH will inform the customer of this and inform him of the actual shipping costs. This represents an offer from TransHorse Sport GmbH & Co. KG to conclude a contract under the conditions mentioned, which the customer must accept.
§ 4 terms of payment; Default
1. Payment can be made either by:
Invoice in advance,
2. We are responsible for selecting the payment methods available in each case. TransHorse Sport GmbH & Co. KG especially reserves the right to offer you only selected payment methods for payment.
3. As far as it concerns ordered goods that are in the warehouse of TransHorse Sport GmbH & Co. KG (warehouse goods), we reserve the right to deliver against 100% prepayment of the respective invoice amount.
4. As far as it concerns ordered goods that are not in the warehouse of TransHorse Sport GmbH & Co. KG (advance goods), we reserve the right to place an order with our producers after receipt of payment of 30%
Prepayment of the respective invoice amount. A delivery takes place after TransHorse Sport GmbH & Co. KG has notified you of the receipt of the goods by email and you have sent the remaining, still open invoice amount of 70% of the invoice amount plus shipping costs to TransHorse Sport GmbH & Co. KG was paid. The delivery time is 3 to 5 months.
5. If you choose to pay in advance, we will give you our bank details in the order confirmation and the invoice. The entire respective invoice amount must be transferred to our account within 7 days of receipt of the respective invoice.
6. When paying by direct debit, you may have to bear the costs that arise as a result of a reversal of a payment transaction due to insufficient funds in your account or due to incorrectly transmitted bank account details. Here, too, TransHorse Sport GmbH & Co. KG reserves the right to make advance payment within the meaning of Section 4 (3) of these general terms and conditions. The respective amounts from paragraphs 3 and 4 of this paragraph will be collected by TransHorse Sport GmbH & Co. KG.
7. If you fall into arrears with a payment, you are obliged to pay the statutory default interest in the amount of 9 percentage points above the base rate. There is also an entitlement to payment of a flat rate of 40 euros. The right to assert further damages remains reserved.
8. The objection of uncertainty in § 321 BGB is excluded.
§ 5 Offsetting / Right of Retention
1. You are only entitled to offset if your counterclaim has been legally established or is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.
2. You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 delivery; Production of advance goods; Retention of title
1. Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specified after receipt of payment at your request.
2. TransHorse Sport GmbH & Co. KG reserves the right to only commission production from its contractual partners in the case of advance goods as soon as a minimum production can be achieved.
TransHorse Sport GmbH & Co. KG will inform the contractual partner within the scope of the order confirmation whether the minimum production has been reached by the order and, if this is not the case, how high the minimum production is.
If the required minimum production does not occur within a period of four weeks, TransHorse Sport GmbH & Co. KG has the right to make the contractual partner an alternative offer in writing for the delivery of an economically equivalent version of the ordered goods.
If the contractual partner does not accept this offer, he is entitled to withdraw from the purchase contract with regard to the goods he has ordered. A claim for damages in connection with this withdrawal is excluded.
If the contractual partner does not withdraw, he can only request delivery of the ordered goods as soon as the required minimum production has been reached. The TransHorse Sport GmbH & Co. KG will immediately inform the contract partner in writing if this requirement occurs.
3. TransHorse Sport GmbH & Co. KG retains ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
4. You may resell the goods in the ordinary course of business. In this case, you now assign all claims in the amount of the invoice amount that you accrue from the resale to TransHorse Sport GmbH & Co. KG. We accept the assignment, but you are authorized to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to collect claims ourselves.
5. When combining and mixing the reserved goods, TransHorse Sport GmbH & Co. KG acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
6. We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
7. The delivery times of selected items specified in the ordering process sometimes lead to inconsistencies in the information due to occasional technical problems in the backend. Items which are indicated as deliverable at the time of the order may already be reserved or sold out. In this case, we will inform our customers immediately and will not confirm this item in the order confirmation. Items that are displayed as sold out may be in stock in some cases. For these items, a request can be sent by email to firstname.lastname@example.org
§ 7 Warranty
Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the sales law (§§ 433 ff.BGB) with the following modifications:
• Only our own information is binding for the quality of the goods.
• You are obliged to inspect the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
• In the event of defects, we guarantee, at our option, either repair or replacement (subsequent performance). In the case of rework, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
• If the supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract.
• In the case of collection goods or other goods that are only produced once, the purchase price will be reimbursed if a defect is found.
• The warranty period is one year from date of delivery. This restriction does not apply to claims due to damage to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner can regularly rely (cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
§ 8 liability
1. Unlimited liability: TransHorse Sport GmbH & Co. KG has unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, limb and health of people.
2. In addition, the following limited liability applies: In the event of slight negligence, TransHorse Sport GmbH & Co. KG is only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal obligation ), The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.
§ 9 right of withdrawal, contractual penalty
The following applies to goods within the meaning of § 4 Paragraph 4 (advance goods):
After we have received the produced goods, you will be sent a written request for payment of the remaining 70% advance payment with regard to the respective invoice amount. If the payment of the amount due from this is not received by TransHorse Sport GmbH & Co. KG within the deadline set in the request for payment, the contractual partner is in default.
After a further written request for payment with a deadline of 2 weeks from receipt, we are entitled to withdraw from the contract if we have not received payment of the amount due by the end of the deadline. The declaration of withdrawal is made in writing.
Because of the costs incurred in vain, the contractual partner undertakes, in the aforementioned case, to pay the amount of 50% of the respective invoice amount as a contractual penalty for non-performance numbers. The already made payment of 30% advance payment of the invoice amount will be offset against this contractual penalty, so that it remains at 20% of the respective invoice amount. In this case, a claim to reclaim the 30% prepayment made is excluded.
§ 10 final provisions
1. Should one or more provisions of these general terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
2. German law is exclusively applicable to contracts between TransHorse Sport GmbH & Co. KG and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
3. If you are a businessman, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Welcome to https.transhorse-shop.de!
1. The following conditions apply to the use of the www.transhorsesport.de website (hereinafter "website"). In order to use the website, it is important that you as a user accept the following provisions.
3. The subject of www.transhorsesport.de is the sale of exclusive equestrian articles to specialist equestrian retailers.
Contact details and legal information
If you have any questions about our website, you can contact us using the following contact details:
TransHorse Sport GmbH & Co.KG
Gräfenwiese 2, 49201 Dissen a.T.W.
Managing director: Christine Fuchs-Gleis
Register court: Osnabrück District Court
Register number: HRA 202679
VAT number: DE277075245
- www.transhorsesport.de is available 24 hours a day. However, there may be times when there are interruptions in availability due to maintenance that is required for the system. Interruptions in availability can occur, among other things, due to force majeure or other causes for which www.transhorsesport.de is not responsible, such as willful intent or gross negligence.
2. TransHorse Sport GmbH & Co.KG points out:
• that it is technically impossible to provide the website free of errors of any kind and that TransHorse Sport GmbH & Co.KG therefore assumes no responsibility for it,
• that errors can lead to the website being temporarily switched off,
• that the availability of this website depends on conditions and services beyond the control of TransHorse Sport GmbH & Co.KG, such as the transmission capacities and telephone connections between the individual participants. We are not responsible for any disruptions in this area.
If you use a service from www.transhorse-shop.de or send us emails, text messages or other communications from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a number of ways, e.g. via e-mail, text messages or by publishing electronic messages or other communication on our website or as part of other services from www.transhorse-shop.de. For contractual purposes, you agree to receive electronic communications from us and that all consents, notifications, publications and other communications that we provide to you electronically do not require a written form, unless mandatory legal regulations require another form of communication.
Copyright and database rights
1. The entire content contained in a service of www.transhorse-shop.de or provided by it, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data collections, is the property of www.transhorse-shop.de or from third parties who deliver content or make it available on the website and is protected by German copyright law and database law.
2. The entire stock of content contained in a service of www.transhorse-shop.de or provided by it is also the exclusive property of www.transhorse-shop.de and is protected by German copyright law and database law.
3. You may not systematically extract and / or reuse parts of a service from www.transhorse-shop.de without our express written consent. In particular, you may not use any data mining, robots or similar data collection and extraction programs to extract any essential parts of a service from www.transhorse-shop.de for reuse (regardless of whether once or multiple) without our express written consent. Furthermore, you may not create and / or publish your own database that contains essential parts of a service from www.transhorse-shop.de without our express written consent.
All possible patents registered on www.transhorse-shop.de are also applicable to all services and other products of www.transhorse-shop.de. It may happen that the respective patents are operated under one or more patents.
Your registration, your account
- Access to the offer of our web shop requires registration and the creation of an account.
2. The registration and creation of an account is only carried out for fully legally competent persons who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) and who in turn deal in articles for equestrian sport. In this regard, TransHorse Sport GmbH & Co. KG
reserves the right to request evidence of this activity from the customer. The registration form is available on the www.transhorse-shop.de website.
3. The user undertakes not to provide any false information about himself. Furthermore, the user undertakes to check his information regularly to ensure that it is correct.
4. If you use a service from www.transhorse-shop.de, you are responsible for ensuring the confidentiality of your account and password and for restricting access to your computer and mobile devices. To the fullest extent permitted under applicable law, you agree to be responsible for all activities performed using your account or password. You should take all necessary steps to ensure that your password is kept secret and stored securely and you should inform us immediately if you have any concerns that a third party has learned of your password or that Password is being used or is likely to be used without authorization. It is your responsibility to ensure that the information you provide to us is correct and complete and that you notify us of any changes to the information you provide. You can view and update some of the information you have given us on our website.
5. The user can change his user name and password at any time.
6. You may not use a service from www.transhorse-shop.de in a way that is suitable to interrupt, damage or otherwise impair the services or access to www.transhorse-shop.de.
7. Furthermore, you may not use the services of www.transhorse-shop.de for fraudulent or in connection with a criminal offense, illegal activities, harassment or inconvenience.
8. We reserve the right to withhold the services on the website or to close customer accounts. This applies in particular in the event that you violate applicable law, contractual agreements or our guidelines.
9. The users of this website can delete their account at any time by sending a message via the contact form. The user's account will be deleted after the user has completed and submitted the form. The deadline for deleting the account from our website is 3 days.
Claims from intellectual property rights
www.transhorse-shop.de respects the intellectual property rights of third parties. If you are of the opinion that your intellectual property rights have been used in a way that gives rise to fear of infringement, please follow our procedure for notifying www.transhorse-shop.de of a legal infringement.
1. We always try to ensure that the services of www.transhorse-shop.de are available without interruptions and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the services of www.transhorse-shop.de may occasionally be interrupted or restricted in order to enable repairs, maintenance or the introduction of new facilities. We try to limit the frequency and duration of any such temporary interruptions or restrictions.
2. www.transhorse-shop.de has unlimited liability insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by www.transhorse-shop.de or a legal representative or agent of www.transhorse-shop.de.
3. www.transhorse-shop.de is also liable for the slightly negligent breach of essential duties. Obligations are essential, the violation of which endangers the achievement of the purpose of the contract or the fulfillment of which enables the proper execution of the contract in the first place and which you regularly trust to be observed. In this case, www.transhorse-shop.de is only liable for the foreseeable, contract-typical damage. www.transhorse-shop.de is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
4. The above limitations of liability do not apply to injury to life, limb and health, to a defect after assuming a guarantee for the quality of the product and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
5. As far as the liability of www.transhorse-shop.de is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
Links to other websites
1. For links that are not operated by TransHorse Sport GmbH & Co.KG and are on their website, we have no way of checking the content of this website, as it is completely independent of us.
2. For this reason, we are not responsible for the content of these websites and the consequences of their use by visitors to them. Accessing all websites accessible via links is at your own risk. There is no separate notification when users leave the website. However, we ask you to inform us immediately of any illegal and dubious content on the linked website.
3. Other websites may have a link to the websites of TransHorse Sport GmbH & Co.KG. Such a link requires our prior consent.
1. It can happen that data and information about visitors and users (date, time, page accessed) are saved on the server when they are accessed. We point out that - without your consent - no personal data (e.g. name, address or email address) will be saved.
2. Should personal data be collected, we undertake to obtain the prior consent of the website user. We undertake not to pass on any data to third parties unless the visitor or user gives their prior consent.
3. We would like to point out that the transmission of data over the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third party data cannot be fully guaranteed. Our liability is excluded in this regard.
4. The user has the right to information. You have the right at any time to receive information from us about your data in full and free of charge.
5. Furthermore, there is a right to correction / deletion of data / restriction of processing for the user.
6. Further information is given separately in the data protection declaration.
4. We would like to point out that some of these cookies are transferred from our server to your computer system, most of which are so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
5. You can object to the storage of cookies. A banner is available for you to object to / accept.
6. You can of course set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted. The instructions on how to prevent and delete cookies can be found in the help function of your browser or software manufacturer.
Place of jurisdiction and applicable law
1. For differences of opinion and disputes on the occasion of this contract, the law of the Federal Republic of Germany applies exclusively to the exclusion of the UN sales law.
2. The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is our place of business.
1. The contract languages are German and English.
4. The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the ineffective provision.