General Terms and Conditions 2FitHorses© webshop
(version March 2021 version 1.0)
Thank you for reading this document! Don't worry, there's quite a lot to read, but we have kept it as simple as possible.
Of course, you would like to know the conditions on which you purchase anything from the 2FitHorses webshop.
2FitHorses is a sole-proprietorship, represented by Karin Toetenel. Karin is a veterinary assistant, and her company advises clients and horses/ponies on the basis of movement analyses. In addition, she trains and coaches her customers (training them in Biomechanical Fitting), and she has her own production line with a range of exclusive products for horses/ponies.
2FitHorses applies general terms and conditions. These terms and conditions apply only to the online sale of 2FitHorses' own product line via the webshop.
The conditions on which you place an online order with 2FitHorses are set out below. The various terms used in these terms and conditions are explained at the end of this document
to avoid ambiguity.
This document has been written using 'you' and 'we' rather than 'client' for readability.
If any part of these terms and conditions is unclear, please don't hesitate to ask!
Thank you for your order and your confidence in 2FitHorses.
Company details and how to reach us
2265 CP Leidschendam
You can reach 2FitHorses :
- By telephone: +31 (0)6 4877 5129
- In person: by appointment only
- By writing to : Hulsenboschstraat 37, 4251 LR Werkendam
Other important info:
Chamber of Commerce no. : 56841957
VAT number: NL001276328B55
You're more than welcome to visit,
but by appointment only.
Article 1 Applicability
- These General Terms and Conditions apply to:
- All your orders from the webshop;
- Any offer made by 2FitHorses; and
- Any distance contract concluded; and
- Specific terms and conditions may apply to a particular product, but these general terms and conditions then also apply. If there are any conflicting conditions, then the provision that is most favourable to you will apply.
- Before you conclude a distance contract with 2FitHorses, these general terms and conditions will be made available to you electronically for you to easily store on the hard drive of your PC, for example, or on a USB stick (or another durable data carrier).
- If for any reason, the terms and conditions cannot be viewed or consulted before the distance contract is concluded, you can also find the General Terms and Conditions on the website www.2FitHorses.com. Or send an email to [email protected].
- If there is any uncertainty about how one or more provisions in these Terms and Conditions should be interpreted, the interpretation should be 'in the spirit' of these terms and conditions. In other words, what we aimed to arrange.
- If any of the provisions in these Terms and Conditions at any time becomes or is declared wholly or partially invalid, the remaining provisions of these Terms and Conditions will remain fully applicable.
- We will then negotiate new provisions to replace the invalid or voided provisions. The new provisions will be as close as possible to the object and intent of the original provisions.
- Additional provisions and/or any provisions that deviate from these general terms and conditions will always be drawn up in your favour. These provisions must be laid down in writing or in such a way that they can be stored on a durable data carrier that is easily accessible to you.
Article 2 Offer
- 2FitHorses will always inform you what, when and how you can buy something, what it costs and whether you can exchange it to help you make the right choice.
- 2FitHorses will always inform you and in such a way that you know what your rights and obligations are if you accept this offer. This particularly concerns:
- the price including taxes;
- any shipping costs;
- how the agreement will be concluded and what actions this requires;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the agreement;
- the term for acceptance of the offer, or the period for which 2FitHorses guarantees the price;
- the tariff for remote communication, if the cost of using the remote communication technology is calculated on any other basis than the regular basic rate for the means of communication used;
- whether the agreement will be archived after its conclusion (order history), and if so, how you can consult it;
- how you can check the data you provided and amend it if required;
- any other languages in which the agreement can be concluded besides Dutch;
- any codes of conduct to which 2FitHorses is subject and how you can consult these codes of conduct electronically; and
- the minimum duration of the distance contract, in the case of what is known as a continuing performance contract.
- Any images 2FitHorses may use are accurate representations of the products offered. However, 2FitHorses cannot guarantee that the colours shown exactly match the actual colours of the products.
- All images, specifications or data are indicative and cannot give rise to any compensation or termination of the agreement.
- Is there an error on the product page? Then you can hold us to that unless it is evident that the error is a blunder that you could have recognised as such in advance, of course.
- The product range offered can be viewed via the product page on our website/in our webshop. This also counts as an offer.
- An offer is without obligation. 2FitHorses is entitled to change and adapt the offer.
Article 3 Formation of an Agreement
- The agreement is concluded when:
- You accept the offer; and
- You meet the relevant conditions
(subject to the provisions of paragraph 4).
- If you have accepted the offer electronically, 2FitHorses will immediately confirm receipt of your order by email.
- If 2FitHorses has not yet confirmed your order, you can still withdraw from the agreement. That is, terminate the agreement.
- We ensure that you can do business with 2FitHorses in a secure web environment.
- 2FitHorses will send you all the information and data you need with your order, but you will also be able to find most of it on our website. Always keep the digital receipt safely.
You can expect your order to at least include the following information:
- the postal address of the 2FitHorses branch you can contact if you have any complaints;
- the conditions on which and how you can exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the information included in article 2 paragraph 2 of these terms and conditions, unless 2FitHorses already provided you with this information prior to the performance of the agreement;
Article 4 Right of Withdrawal
- You always have a 14-day 'cooling-off period,' i.e. the option to withdraw from the agreement. You do not have to give a reason.
- The 14-day cooling-off period starts on the day after you receive the product.
- During the cooling-off period, you may unpack or use the product as you would in the shop. If you use the product in such a way that it is no longer in 'shop condition', you may not receive a full refund for the product.
- You can cancel within 14 days of receipt of the product. Notify 2FitHorses that you wish to exercise your right of withdrawal. You can do this using the model form (see Appendix 1 Model Withdrawal Form).
- You are then obliged to return the product within 14 days after notifying 2FitHorses that you wish to exercise your right of withdrawal.
- You must always be able to demonstrate that the delivered products were returned on time. So keep any proof of posting.
- Your purchase becomes final, in any event, 14 days after receipt of the product.
Article 5 Return Costs
- If you cancel the purchase, the maximum cost will be the cost of returning the products. The products can be returned using a return label.
- If you have already paid, you will, of course, get your money back. 2FitHorses will refund you as soon as possible and always within 14 days of your cancellation. This is subject to 2FitHorses having received the returned product. Or to your ability to provide conclusive proof of complete return.
- In principle, refunds are made via the same payment method you used, but we may ask you to consent to a different payment method.
Article 6 What cannot be returned?
- 2FitHorses has the option to exclude your right of withdrawal in certain cases.
If you're keen to read the legal details, see Section 230(p) of Book 6 of the Dutch Civil Code.
- The right of withdrawal is in any case excluded for:
- Custom-made products or products made to your specifications;
- Products that are clearly of personal nature;
- Products that cannot be returned due to their nature;
- Products whose price depends on fluctuations in the financial market outside the webshop's control;
- The exclusion of the right of withdrawal only applies if 2FitHorses has clearly stated this in the offer, or at least in good time prior to the conclusion of the agreement.
Article 7 Pricing
- All product prices specified are inclusive of VAT.
- The prices shown are subject to possible printing and typographical errors. No liability is accepted for the consequences of (obvious) printing and typographical errors. In the event of printing and typographical errors, 2FitHorses is not obliged to deliver the product at the incorrect price.
- 2FitHorses can offer products at variable prices. These prices are subject to fluctuations in the financial market outside 2FitHorses' control. This link to fluctuations, and the fact that any stated prices are therefore indicative prices only, is clearly stated in the offer.
- Purchases of €100 or more are shipped free of charge.
Article 8 Conformity and Warranty
- 2FitHorses obviously believes you are entitled to a good product that complies with:
- the agreement;
- the specifications given in the offer;
- the reasonable requirements of reliability and/or usability;
- and the relevant legal provisions and/or government regulations applicable on the date the agreement is concluded.
- The warranty period of 2FitHorses corresponds to the manufacturer's warranty period.
- The warranty does not apply:
- If you have repaired and/or modified the delivered products yourself; or have had them repaired and/or processed by third parties;
- If the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly; or
- Have been treated contrary to the instructions of 2FitHorses and/or on the packaging;
- If the faultiness is wholly or partly the result of regulations that the government has made or will make concerning the nature or quality of the materials used;
- To buckles of a special colour (rosé, black and gold).
Article 9 Delivery, Execution and Cancellation
- 2FitHorses considers it important to provide you with the best possible service and will process and execute your order with due care!
- You will usually receive the delivery at the (email) address you provided to 2FitHorses within 2-3 days. This will partly depend on the delivery service.
- 2FitHorses will execute accepted orders promptly and at the latest within 30 days. We may occasionally ask you to agree to a longer delivery period.
- You can request a refund:
- If 2FitHorses is unable / no longer able to deliver a product or can only deliver it in part; or
- If the delivery is seriously delayed.
2FitHorses may offer you a reasonable alternative instead of a refund. You can always exchange any such substitute item.
You are not entitled to any compensation in the cases mentioned above.
- All delivery periods are indicative. So you cannot derive any rights from any delivery periods stated. Exceeding the delivery period does not entitle you to compensation.
- It is not possible to cancel the order other than in compliance with these terms and conditions.
Article 10 Payment
- As your order concerns a product, you are, in principle, required to pay the amounts due in advance. However, you may also opt to pay afterwards. You select the payment method yourself in the webshop.
- If anything is incorrect in the payment details provided or stated, will you please notify 2FitHorses immediately?
- In the event of non-payment, 2FitHorses shall be entitled to charge reasonable costs.
2FitHorses will remind you of your overdue payment and grant you another 14 days to fulfil your payment obligations. Is payment still not forthcoming? Statutory interest on the outstanding amount will then be payable by you. 2FitHorses can charge the extrajudicial collection costs it incurs on to you. These collection costs amount to a maximum of:
- 15% of outstanding amounts up to € 2,500;
- 10% on the subsequent € 2,500 and
- 5% on the next € 5,000 with a minimum of € 40.
2FitHorses may deviate from the stated amounts and percentages in your favour.
Article 11 Intellectual Property Rights
- All intellectual property rights in the broadest sense of the word (including, for example, patent rights, trademark rights, drawing or design rights and copyright) belong to 2FitHorses. Insofar as such a right can only be obtained through registration or by filing an application, only 2FitHorses shall be authorised to do so.
- In the event of a violation of the rights referred to in this article, 2FitHorses is entitled to charge you a reasonable fee to be determined at their discretion. This shall not prejudice 2FitHorses' right to claim compensation.
Article 12 Privacy
- 2FitHorses processes personal data, defined in the General Data Protection Regulation.
- For more information, please consult 2FitHorses' Privacy and Cookie Statement.
Article 13 Complaints Procedure
- Do you have a complaint about 2FitHorses? That's unfortunate. Rest assured that 2FitHorses does its very best to resolve any complaints. The procedure below has been created for this.
- Always inspect the delivered products for defects immediately after they have been delivered to you. Check whether the quality and/or quantity corresponds to what we have agreed.
- Please notify 2FitHorses of any complaint as soon as possible, but always within 2 months.
Follow these steps:
Step 1: Describe your problem as clearly as possible.
Step 2: Send a photo with your complaint if possible.
Step 3: Send your complaint by email to [email protected].
Step 4: You will receive an answer from 2FitHorses within 14 days of receipt of your complaint. We will help you immediately, if possible, and otherwise, tell you how long it will take to resolve the situation.
Step 5: If 2FitHorses finds your complaint justified, 2FitHorses will look for a suitable solution.
Step 6: You can also submit a complaint about our products or service to the European ODR platform (http://ec.europa.eu/odr). But we prefer to help you ourselves.
Article 14 Disputes and Applicable Law
- A dispute exists if either of us claims such.
- We will both first make every effort to resolve any dispute by agreement. If this is unsuccessful and does not work, you and 2FitHorses both have the option to appeal to the court. We would be truly sorry if you chose to do that. But we would, of course, respect your choice.
- Unless the law prescribes otherwise, the court in the district where 2FitHorses has its registered office has sole jurisdiction to hear all disputes ensuing from this agreement.
- The agreement is exclusively governed by Dutch law.
- The Vienna Sales Convention does not apply.
These were the general terms and conditions of 2FitHorses. Clear, aren't they?
Below you will find a list of Definitions and the Model Withdrawal Form. Should 2FitHorses intend to revise these conditions in the future, you will be able to read this on the website www.2FitHorses.com.
We will always ensure that any changes will not be to your disadvantage!
2FitHorses endeavours to keep its terms and conditions clear and straightforward but sometimes cannot avoid using certain (legal) terms. These are therefore explained below:
- Cooling-off period: the period within which you can exercise the right of withdrawal;
- Day: calendar day;
- Durable data carrier: any means that enables you to store information that is addressed to you personally in a way that enables future consultation and unaltered reproduction of the stored information. These include email, the hard drive of your PC or a USB stick;
- Right of withdrawal: the option for you to cancel the distance contract within the cooling-off period;
- Model form: the model withdrawal form, which 2FitHorses provides for you to fill in if you want to exercise your right of withdrawal;
- Client: the natural person not acting in the course of a profession or business (also referred to as a private individual or consumer);
- Distance contract: an agreement in which you literally make a sale from a distance, such as a purchase via a webshop or mail-order company or a telephone purchase;
- Force majeure: in addition to what is meant by force majeure in law and jurisprudence, this is understood to mean all external causes, foreseen or unforeseen, beyond the control of 2FitHorses and as a result of which 2FitHorses is unable to fulfil its obligations or unable to meet its obligations in time. Force majeure includes (and is therefore not limited to):
- mobilisation, war, riots, terrorism;
- a day or days of national mourning;
- quota or other government measures;
- government decisions;
- natural disasters;
- illness or (short-term) incapacity for work on the part of 2FitHorses;
- death of a family member or close friend;
- epidemics or pandemics;
- computer failures;
- delayed deliveries from third parties or other force majeure situations with third parties;
- Written: whenever in these terms and conditions reference is made to 'written' or 'in writing', this shall also include electronic communication.
- Distance communication technology: a means that can be used to conclude an agreement, without us, as parties, meeting simultaneously in the same room;
- Indemnity: safeguard and protection against claims or other demands from third parties.
Appendix 1 Model Withdrawal Form
(only complete and return this form if you wish to cancel the agreement)
4251 LR Werkendam
I hereby inform you that I am withdrawing the agreement regarding the purchase of the following (online) product:
The order was placed on : ………………… [Date] (*)
The order was received on : ………………… [Date] (*)
……………........................................................... [Your first name and surname]
………………………………………………………. [Your address and postcode]
……………………………………………………….. [Date of signing]
(only if the form is submitted on paper)
(*) Delete as appropriate