The following terms and conditions of delivery and payment are an integral part of all the Vendor’s delivery agreements. Any differing conditions and subsequent agreements are only binding if these have been confirmed in writing by the Vendor.
2. Offers and prices
The offers are non-binding with regard to the price and delivery possibilities. The delivery is exclusively based on the order confirmation. The prices stated in the order confirmation are agreed. All prices are in Euro incl. VAT plus transportation.
3 Place of fulfilment
The place of fulfilment for delivery is the loading point. Otherwise the place of fulfilment and the legal venue is D-25336 Elmshorn.
The obligation to deliver shall only come into effect after receipt of the Vendor’s written order confirmation. Any acts of God, such as operational disruptions, strikes, shortage of raw materials etc. shall entitle to partially or fully cancel the delivery contract or to extend the contract until the obstacles have been eliminated. This shall not entitle the Buyer to make claims for damages. We reserve the right to make subsequent or partial deliveries. Additional or reduced quantities within the scope of our minimum order conditions and/or packaging units are permitted. Orders may not be cancelled by the Customer after the goods have been shipped.
We guarantee the Buyer that our products are in perfect working order. We provide a warranty of 24 months for all our products; this starts on the purchase date. We reserve the right to repair faulty goods.
The warranty shall be void:
a) if the warranty period has expired
b) if the article has been opened without permission or has been mechanically
6. Notification of complaints
We assume no liability for faults which are caused by improper operation or handling, non-performance or faulty performance of maintenance, transportation damage or unusual circumstances. A warranty claim shall also be excluded if repairs or changes have been performed to the product by parties who are not expressly authorised to do so. All other claims shall also be excluded, in particular claims for damages resulting from subsequent damage which has not directly occurred to the actual goods, except in cases of gross negligence or intent by us or our assistants. Complaints by the Buyer can only be considered if they are notified to the Vendor within 8 days after receipt of the goods. The Vendor shall be granted an appropriate time span, however at least 4 weeks, to inspect and if necessary rectify the faults. In case of justified faults, the goods must be returned within 10 days. Packages sent without postage paid shall only be accepted after prior agreement
If we do not have an obligation to take goods back, we shall only do so on the basis of prior agreement if the goods and the original packaging are in good condition, if the return delivery is sent freight-free and a completed return goods form has been enclosed. Goods which have been marked with advertising cannot be returned. We reserve the right to bill costs totalling 10% of the net value for processing the goods so that they can be resold.
Cancellations can only be accepted if made in writing. Orders for goods which have already left our premises cannot be cancelled. We reserve the right to bill a cancellation charge totalling 15 €. The cancellation charge may be higher if the costs involved are higher.
Claims for damages due to wrong or delayed delivery are always excluded.
The offsetting of counter-claims and the exercising of retaining rights are excluded. In case of delayed payment, interest equating to the usual bank interest rates plus reminder charges will be billed.
11. Reservation of title
We reserve the title to all our deliveries. The reservation of title shall only expire when all claims from the business relationship have been compensated.
Proper packaging shall be provided at cost price and will not be taken back. Samples are viewing samples.
13. Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships arsing from the contract.
14. The above-mentioned
conditions are an integral part of the contract. When the Buyer places his order he implies implicit agreement with these conditions and waivers compliance with any other conflicting conditions which may be printed for example on his order form, enclosed with his order or notified in any other way.
15. Exclusion of liability
Note about the problem with external links:
The company Verband der Züchter des Holsteiner Pferdes, as the supplier of the content as per §5 Par.1 Mediendienste-Staatsvertrag (Government contract for media services), is only responsible for its own content according to the general laws. A differentiation must be made between its own content and the contents of any linked site or any link contained in a linked site offered by other services. Using the links, Verband der Züchter des Holsteiner Pferdes makes "foreign contents" available which are marked as follows: Link.
It is then only responsible for this foreign content (i.e. which can also be illegal or criminal) if it has positive knowledge of this and it is technically possible and reasonable for Verband der Züchter des Holsteiner Pferdes to prevent its utilisation (§5 Par.2 Mediendienste-Staatsvertrag/ Government contract for media services). However, links are “live” (dynamic) referrals. When the link was initially set up, Verband der Züchter des Holsteiner Pferdes examined the contents of the linked sites and the links contained in the linked sites to see whether this would have civil or criminal consequences for the company. However it does not have a binding commitment to regularly check the content of the linked sites and the links contained in the linked sites for changes, which may give rise to renewed responsibility.
In as far as this is technically possible and reasonable, the company shall only cancel the link to other websites when it has noticed or been notified by a third party that the content of this website could have civil or criminal consequences. The extent to which this is technically possible and reasonable is not affected by the fact that even after Verband der Züchter des Holsteiner Pferdes has stopped access from their homepage, other servers may still allow access to the illegal or criminal content of the website.
We have used this disclaimer from the website of the Berlin Representative for Data Protection with their kind permission.
Verband der Züchter des Holsteiner Pferdes
Telefon: +49 (0) 41 21 - 49 79 0
Fax: +49 (0) 41 21 - 93 62 9