General
Toc:
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 - Right of withdrawal exclusion
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, denunciation and renewal
Article 13 - Payment
Article 14 - Complaints scheme
Article 15 - Disputes
Article 16 - Additional or derogatory provisions
Article 1 - Definitions
For the means of these conditions:
1. Time tothink: the period within which the consumer may benefit from his right of withdrawal;
2. 'Consumer'means the natural person who does not act in the pursuit of profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transactionmeans a distance agreement relating to a range of products and/or services, the supply and/or purchase obligation of which is spread over time;
5. Sustainable data medium: any means thatenables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. 'Right of withdrawal'means the possibility for the consumer to opt out of the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal made available to the entrepreneur which a consumer can complete if he wishes to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
9. 'Distance contract'means an agreement whereby, in the context of a system for distance selling of products and/or services organised by the operator, one or more distance communication techniques is used only until the conclusion of the contract;
10. Technology for remote communication:means that can be used to conclude an agreement, without the consumer and the entrepreneur meeting simultaneously in the same space.
11. Terms and conditions: the current Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
The Horse Therapist
Gorteencloogh F42HK35
Athleague, Co Roscommon
P. 087-1522090
E. sharon@thehorsetherapist.ie
Article 3 - Applicability
1. These terms and conditions shall apply to any offer made by the entrepreneur and to any distance agreement and orders between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions can be identifiable to the trader and they will be sent free of charge as soon as possible at the consumer's request.
3. By way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple manner on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be notified by electronic means and that, at the consumer's request, they will be transmitted free of charge or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision which is most favourable to him.
5. If one or more provisions in these terms and conditions are at any time wholly or partially annulled or destroyed, the agreement and these conditions shall remain in place for the remainder and the provision in question will be replaced without delay by mutual agreement by a provision that approaches the scope of the original as far as possible.
6. Situations not covered by these terms and conditions should be assessed 'in the spirit' of these terms and conditions.
7. Ambiguities about the explanation or content of one or more terms of our terms and conditions should be explained 'in the spirit' of these terms and conditions.
Article 4 - The offer
1. Where an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
3. The offer shall contain a complete and precise description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications details in the offer are indicative and cannot be grounds for damages or termination of the contract.
5. Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
6. Each offer shall contain such information that it is clear to the consumer of the rights and obligations attached to the acceptance of the offer. This concerns in particular:
o the price including taxes;
o any costs of dispatch;
(o) the manner in which the agreement will be concluded and what action is required;
(o) the application or non-application of the right of withdrawal;
(o) the method of payment, delivery and implementation of the agreement;
(o) the time limit for acceptance of the offer or the period within which the trader guarantees the price;
(o) the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
o whether the contract is archived after its conclusion and, if so, how it can be consulted for the consumer;
(o) the way in which, before the conclusion of the contract, the consumer can verify and, if so, recover the information he provides under the contract;
o any other languages in which, in addition to Dutch, the agreement may be concluded;
o the codes of conduct to which the entrepreneur has been subjected and the way in which the consumer can consult these codes of conduct by electronic means; And
o the minimum distance duration of the contract in the event of an expensive transaction.
Article 5 - The Agreement
1. The contract shall be concluded, subject to paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions laid down there by it.
2. If the consumer has accepted the offer by electronic means, the economic operator shall immediately confirm the receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the contract.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the operator will take appropriate safety measures to this end.
4. The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors relevant to the responsible entry into the distance contract. If, on the basis of this examination, the economic operator has good grounds not to enter into the contract, he is entitled to refuse an order or application or to attach special conditions to the execution.
5. The operator shall send the following information to the consumer in the case of the product or service provided to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data medium:
(a) the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
(b) the conditions under which and the way in which the consumer may avaop the right of withdrawal or a clear notification concerning the exclusion of the right of withdrawal;
(c) information on guarantees and existing post-purchase service;
(d) the information provided for in Article 4(3) of these conditions, unless the economic operator has already provided such information to the consumer before the performance of the contract;
(e) the requirements for termination of the contract if the contract is lasting more than one year or is of an indefinite period.
6. In the case of an endurance transaction, the provision in the previous paragraph shall apply only to the first delivery.
7. Any agreement shall be entered into under the conditions of suspensive availability of the products concerned.
Article 6 - Right of withdrawal
When supplying products:
1. When purchasing products, the consumer shall be able to terminate the contract for 14 days without giving reasons. This cooling-off period shall take place on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and disclosed to the trader.
2. During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to that extent to the extent necessary to assess whether he wishes to retain the product. If he avaops his right of withdrawal, he will return the product to the trader in accordance with the reasonable and clear instructions provided by the trader, with all the accessories supplied and, if reasonably possible, in the original condition and packaging.
3. If the consumer wishes to make use of his right of withdrawal, he shall be obliged to make this known to the trader within 14 days of receipt of the product. The consumer must make the information known by means of the model form. After the consumer has indicated that he wishes to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the items supplied have been returned in good time, for example by means of proof of dispatch.
4. If, at the end of the time limits referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the trader, the purchase is a fact.
In the case of provision of services:
5. In the case of the provision of services, the consumer shall be able to terminate the contract without giving reasons for at least 14 days, following the date of entering into the contract.
6. In order to make use of his right of withdrawal, the consumer shall address the reasonable and clear instructions given by the trader at the time of the offer and/or at the latest at the time of delivery. These are listed on the website www.thehorsetherapist.ie under customer service: We point you to the right of withdrawal.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs of the return shall not be borne at most.
2. If the consumer has paid an amount, the economic operator shall repay this amount as soon as possible, but not later than 14 days after withdrawal. The condition is that the product has already been received back by the online retailer or conclusive proof of complete return can be submitted.
Article 8 - Right of withdrawal exclusion
1. The economic operator may exclude the consumer's right of withdrawal for products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
2. Exclusion from the right of withdrawal shall be possible only for products:
(a) which have been established by the economic operator in accordance with consumer specifications;
b. which are clearly personal in nature;
(c) which cannot be returned by their very nature;
(d) which can quickly spoil or age;
(e) the price of which is linked to fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
(g) for audio and video recordings and computer software whose consumer has broken the seal.
h. for hygienic products whose consumer has broken the seal.
3. Exclusion from the right of withdrawal shall be possible only for services:
(a) to carry out accommodation, transport, restaurant business or leisure activities on a given date or during a specified period;
(b) the delivery of which began with the express consent of the consumer before the cooling-off period has expired;
c. on bets and lotteries.
Article 9 - The price
1. During the period of validity indicated in the offer, the prices of the products and/or services offered shall not be increased, subject to price changes resulting from changes in VAT rates.
2. By way of derogation from the previous paragraph, the trader may offer variable prices products or services whose prices are subject to fluctuations in the financial market and which the trader has no influence on. This commitment to fluctuations and the fact that any prices quoted are target prices are indicated in the offer.
3. Price increases within 3 months of the conclusion of the agreement shall be permitted only if they are the result of legislation or provisions.
4. Price increases from 3 months after the conclusion of the contract shall be permitted only if the trader has negotiated so and:
(a) these are the result of legislation or provisions; Or
(b) the consumer has the power to terminate the contract from the day on which the price increase takes effect.
5. The prices listed in the supply of products or services shall include VAT.
6. All prices are subject to pressure – and typos. No liability is accepted for the consequences of pressure and typos. In case of printing and typos, the entrepreneur is not obliged to supply the product according to the incorrect price.
Article 10 - Conformity and Guarantee
1. The economic operator shall ensure that the products and/or services comply with the contract, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer shall not affect the legal rights and claims which the consumer may assert to the trader under the contract.
3. Any defects or mishandled products must be reported in writing to the operator within one week of delivery. The return of the products must be returned in its original packaging and in new condition.
4. The manufacturer's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The guarantee shall not apply if:
o The consumer has repaired and/or processed the products supplied himself or has had them repaired and/or processed by third parties;
o The products supplied have been exposed to abnormal conditions or otherwise treated carelessly or are contrary to the instructions of the operator and/or have been treated on the packaging;
o The inequity is, in whole or in part, the result of rules which the government has or will impose as regards the nature or quality of the materials applied.
Article 11 - Delivery and execution
1. The entrepreneur shall take the utmost care in receiving and carrying out orders of products and in assessing requests for services.
2. The place of delivery shall be the address which the consumer has made known to the undertaking.
3. In accordance with paragraph 4 of this Article, the company shall carry out accepted orders with skillful urgency but not later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive a notice no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any such time limits. Exceeding a time limit does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this Article, the economic operator shall repay the amount paid by the consumer as soon as possible, but not later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the operator will endeavour to make a replacement item available. At the latest at the time of delivery, it will be reported in a clear and understandable manner that a replacement item will be delivered. In the case of substitute articles, the right of withdrawal cannot be excluded. The costs of a possible return are at the expense of the entrepreneur.
7. The risk of damage and/or disappearance of products rests with the entrepreneur until the time of delivery to the consumer or a pre-appointed representative disclosed to the entrepreneur, unless expressly otherwise agreed.
Article 12 - Duration transactions: duration, denunciation and renewal
Termination
1. The consumer may terminate at any time an indefinite contract which is for the regular delivery of products (including electricity) or services, subject to the rules of notice agreed and a notice period of not more than one month.
2. The consumer may terminate a fixed-term contract which covers the regular delivery of products (including electricity) or services at any time by the end of the fixed period, subject to the rules of notice agreed to do so and a notice period of not more than one month.
3. The consumer may:
(o terminate at all times and not be limited to denunciation at a given time or in a given period);
o at least denounce them in the same way that they were entered into by him;
o always cancel with the same notice period as the entrepreneur has negotiated for himself.
Extension
4. A fixed-term contract which covers the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a certain period of time.
5. By way of derogation from the previous paragraph, a fixed-term contract which is intended to be delivered regularly for the regular delivery of daily news, weekly and magazine magazines may be tacitly extended for a period of not more than three months if the consumer is able to terminate this extended contract by the end of the extension with a period of notice of not more than one month.
6. A fixed-term contract which is intended to cover the regular delivery of products or services may be tacitly extended for an indefinite period only if the consumer is allowed to cancel at any time with a notice period not exceeding one month and a notice period of not more than three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly magazines.
7. An agreement with a limited duration until the regular delivery of daily, news and weekly magazines and magazines (trial or introductory subscription) shall not be tacitly continued and will automatically end at the end of the trial or introduction period.
Duration
8. If an contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a period of notice of not more than one month, unless reasonableness and fairness oppose denunciation before the end of the agreed duration.
Article 13 - Payment
1. To the extent otherwise agreed, the amounts due by the consumer shall be paid within 7 working days of the expiry of the cooling-off period referred to in Article 6(1). In the case of a contract to provide a service, this period shall 31 after the consumer has received confirmation of the contract.
2. The consumer shall have a duty to report inaccuracies to the trader without delay in payment details provided or indicated.
3. In the event of a default by the consumer, the trader shall have the right, subject to legal restrictions, to charge the reasonable costs previously disclosed to the consumer.
Article 14 - Complaints scheme
1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints concerning the performance of the contract shall be submitted in full and clear to the operator within 7 days, after the consumer has identified the defects.
3. Complaints submitted to the economic operator shall be answered within 14 days of the date of receipt. If a complaint requires a foreseeable longer processing time, the trader replies within the 14-day period with a message of receipt and an indication when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute is incurred which is open to the dispute settlement.
5. In the case of complaints, a consumer should first turn to the entrepreneur. In the case of complaints that cannot be resolved by mutual agreement, the consumer should contact a disputes committee. The submission of a dispute to this disputes committee is subject to costs which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform(https://ec.europa.eu/odr).
6. A complaint shall not suspend the obligations of the economic operator unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will replace or repair the products supplied free of charge.
Article 15 - Disputes
1. Only Dutch law shall apply to agreements between the trader and the consumer to which these terms and conditions relate. Even if the consumer is resident abroad.
2. The Vienna Convention on Purchase shall not apply.
Article 16 - Additional or derogatory provisions
Additional or different provisions may not be to the detriment of the consumer and should be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data medium.