General Terms And Conditions
1. There occurs no delivery to end users
We cannot consider orders from private customers/end users. We are willingly to name an accordant dealer near the place of residence of the prospective customer.
2. General/conclusion of contract
The sales agreement comes off when the German Riding GmbH accepts the order through delivery of the goods or rather consignment of a confirmation of the order in from of a text.
3. Prices and payment
3.1. For the delivery are the catalog prices at the time of ordering counting.
3.2. All price quotations are net, without 19% tax and are plus flat-rate shipping costs in amount of 3,99 Euro pro delivery/package by normal orders.
It is possible that other order types will be added with costs connected to shipping (clearing, cash on delivery, etc.). Particularly in case of greater orders and by-import in order of the consumer.
Depending on mode of dispatch are the shipping costs calculated in dependency of size, country, weight, and number of packages. The definite number of packages will be calculated when writing the invoice.
All price quotations to the trader are net from the storage in Fürstenberg, or the stated storage location.
3.3. Our bills are immediately and net without deduction payable, unless there is no other written agreement.
Payments not received after a deadline of 8 days, are in delay and we reserve us the right to calculate delay interest.
In case of direct debit we allow 2% discount beginning with a value of the goods of 100 Euro. The cashing happens one up to eight days after the forwarding of the goods. This does not apply for special offers, actions, or special orders, by-import.
Bank collections can in no case be given back.
If bank collections come back regardless, the customer adheres for the emerging costs, including bank charges.
A payment presumes to be occurred when the German Riding GmbH disposes about the amount.
In the case of delayed payment we are authorized to calculate an interest in amount of 8% about the particular base rate of the EZB after discount rate transition act for the businessman.
Drafts or checks will only be accepted by agreement and on account of performance and apply only after encashment.
Discount and collection charges are at the expense of the orderer.
We are not liable for the presentation on time.
3.4. Rights of retentions are only due to businessmen insofar as the counterclaim is based on the same contractual relationship and it is established as final or accepted from us.
4. Time of delivery
4.1.All items, immediately available from our stock, will be brought on the dispatch normally within 24 hours after receipt of payment.
If items are not immediately available, so the time of delivery delays, the German Riding GmbH will brief the customer immediately.
4.2. The agreed time of delivery starts with the uncontradicted or confirmed order.
4.3. The time of delivery extends if applicable about the time until the buyer has given all data and documents which are necessary for the completion of the order.
4.4. Delays in delivery, which caused through legal or governmental adjustments (for example import and export restrictions) and not represented by us, will the time of delivery be extended by the length of suchlike barriers. The beginning and ending of the barriers will be told immediately to the customer in important cases.
4.5. If we are late in delivery, then our liability for damages in the case of slight negligence is limited on foreseeable damage.
Any further claims for damage are only existence when the delay is based on purpose or gross negligence.
5. Delivery, shipping, passing of the risk
5.1. Partial deliveries by us are acceptable, insofar as reasonable for the buyer.
5.2. We can determine the type of dispatch, dispatch route, and the company commissioned with the dispatch at our discretion.
5.3. The risk passes to the buyer as soon as the packet with the goods of delivery is handed to the buyer.
The buyer must immediately reject both obvious and possibly detected transportation damages to the shipper or carrier and afterwards has to inform the German Riding GmbH to assert a claim.
Deliveries to the customer will be automatically insured by us.
Deliveries to the businessman will be send by us on danger and risk of the businessman, unless the businessman commissioned us with the task of an insurance of the delivery in his name.
5.4. Return deliveries: reshipments have to be made free. Not free reshipments will not be accepted in any case.
Re-shipping costs that we are responsible for will be reimbursed or will be credited.
6. Denial of acceptance
6.1. If the buyer, who is not the consumer in the legal sense of § 13 BGB, does not accpet the sold goods, we are authorized, optionally to insist on acceptance or to demand at least 15% of purchasing price as generalized claims for damages and reimbursement of expenses, if the buyer proves that there emerged no damage or damage in low height.
6.2. Additionally, the buyer has to pay for the return costs of the package. Those equal the shipping costs stated on the invoice but will be charged on top.
6.3. In the case of an exceptionally high damage we reserve the right to assert this.
For the length of default of acceptance of the buyer is the German Riding GmbH authorized to store the goods of delivery for the risk of the buyer at the German Riding GmbH, at a forwarding company, or a stock keeper.
6.4. During the length of default has the buyer to pay 15 Euro per month without further proof to the German Riding GmbH as a lump sum for the emerging storage cost.
The lump sum compensation reduces in the dimension that the buyer can proof that there emerged no expenses or damage.
In the case of higher storage costs, we reserve us the right to claim them.
7. Reservation of title
7.1. We retain the title of the goods until full payment of all claims from the contract including additional claims (for example switching costs, financing costs, interest, etc.).
By breach of the contract by the buyer we are entitled to reclaim the goods.
The withdrawal and also the seizure of the reservation thing does not constitute withdrawal from the contract.
7.2. In the case of seizures or other interventions through third parties has the buyer immediately to inform us in written form.
7.3. Any procession or transformation of the goods by the buyer is always done for us. If the goods are processed with other items not belonging to us, we shall acquire co-ownership of the new item in proportion of the value of the goods to the value of the goods to the other processed goods at the time of processing.
7.4. The buyer is entitled to sell the goods in the ordinary course of business. He hereby assigns all claims against all claims against the buyer or third parties arising from the resale in the amount of the final invoice to us.
8.1. Regular, faultless delivered goods cannot be taken back.
8.2. The warranty ceases if the buyer conducts interventions and/or reparations at equipment or if he instructs other persons to do, who are not entitled by the German Riding GmbH, provided the shortage is based on that.
8.3. Obvious shortages are immediately, but latest ten work days after reception of the delivery to notify in written form; else all shortage claims are excluded from this.
In commercial transactions apply in addition the §§377, 378 HGB.
8.4. Insofar as a shortage of the good appears within a year after date of delivery is it at the choice of the consumer to assertion a right of removal of defects or delivery of shortage free goods (supplementary performance).
In the context of the delivery of shortage free goods deemed the change in higher quality products already now as accepted.
Is the chosen type of supplementary performance connected with disproportional high costs, circumscribes the claim to the respectively remaining type of supplementary performance.
Proceeding rights, particularly the cancellation of contract of sale, can only be asserted at the end of an adequate period for supplementary performance or after the second failure of the supplementary performance.
8.5. At the end of the first year normally the claim on rectification is restricted, because industry-sector-specific the occurring costs are frequently disproportional high (§439 II BGB)
If the German Riding GmbH conducts the change in a higher quality product within the scope of rectification of a defect, deemed this already now as accepted.
Further rights, particularly the cancellation of the contract of sale or the lowering of the purchasing price, can only be asserted at the end of an adequate period of time for supplementary performance or the second failure of the supplementary performance.
8.6. In the matter that the buyer is a businessman, so we are within a year after date of delivery entitled to choose for rectification of defect or delivery of shortage free goods in terms of §439 BGB.
At the end of one year beginning with the date of delivery, the warranty claims circumscribes for rectification of defects or the time credit worth for our choice.
If the businessman asks for reimbursement in terms of §478 II BGB, it circumscribes on max. 2% of the original value of the goods. Requirements which are based on §478 BGB are ceded through 24-month-old guarantee for businessman after 8.1 in terms of comparable compensation based on §478 IV S.1 BGB.
8.7. Through an exchange in the scope of warranty/guarantee there come no new warranty/guarantee periods into effect; §203 BGB stays untouched.
8.8. With the exception of liability for injury of life, body, and health further claims of the buyer – for whatever legal reason – are excluded, unless expressly agreed otherwise.
We do not liable for damages, which do not directly occur at the thing of delivery; in particular we do not liable for missed profit or other financial losses of the buyer.
Preceding liability exemption applies not, insofar as the damage is based on purpose, gross negligence, or missing of a warranted feature, violation of a contractual obligation, distortion performance, impossibility, as well as claims based on §§1,4 of the product liability law.
We are not liable for the rebuilding of data, unless we have caused the damage on purpose or through gross negligence, and the buyer ensured that there was a data backup, so that the data can be reconstructed with defensible efforts.
8.9. Please consider our current, each delivery enclosed return and service informations for the handling of warranty claims.
9.1. In the terms of the guarantee and the disclaimer we will not take regular and faultless delivered goods back. Therefore rests the selling risk in full extent by the purchaser (seller).
9.2. In the case of not like or not fitting of the product accepts the purchaser the conversations and redemptions warranty.
9.3. In individual cases happens redemption. This happens only to the certain condition that the item is in faultless and unused condition. For the redemption will be a service fee of 15% from the net price of the returned item payable.
9.4. The redemption happens on full range on the risk of the purchaser.
10. Withdrawal in case of reduction of assets
We can withdraw from the contract if we know about a payment adjustment, the initiation of bankruptcy proceedings or legal proceedings, the rejection of bankruptcy for lack of assets, exchange or check protests or other concrete evidence of deterioration in the financial situation of the buyer.
11. Software, literature
By delivery of software apply beyond our conditions the special license and other conditions of the manufacturer. With the acceptance of software accepts the buyer the validity explicitly.
12. Use of customer data
We are entitled to process all data, the business relating to the buyer, according to the Federal Data Protection Act. You receive from us at irregular intervals information via email, fax, etc. which you can disagree at any time.
13. Export licence
Eventually required necessary acceptance of the Federal Office of Small Business in Eschborn/Taunus for the export of the delivered goods are from the buyer in his own name and its own costs to request. The refusal of such an export license does not entitle the buyer to withdraw from the contract.
Severability, applicable law
14.1. In business transactions with merchants and with legal entities, Zehdenick (Brandenburg) will be agreed as place of jurisdiction for all of the contract resulting litigation, including bills and checks; we are also entitled to at the place of the buyer.
Inbusiness transactions with merchants and legal entities of public law, the place of jurisdiction for all of the contract resulting litigation, including bills and checks, Zehdenick (Brandenburg), we are also entitled to sue the buyer.
14.2. In case of ineffectiveness of single regulations of the contract of delivery or this terms and conditions the other conditions will remain active.
14.3. In transactions with consumers in the Euopean Union, also the law of the domicile of the consumer can be appliciable, insofar as it is a matter of absolutely consumer legal provisions.
15. Pictures, logo
All pictures and the logo of the German Riding GmbH may be used from equestrian dealers for sales promotion for the products of German Riding.