General terms and conditions
0. DEFINITIONS
Bridle2fit: Bridle2fit International BV, Bridle2fit
Customer: Each natural or legal person to whom Bridle2fit makes an offer to the delivery of products or services as well as the person with whom an agreement will be concluded to the delivery of products or services.
1. IDENTITY
1.1 Bridle2fit is a brand name of Bridle2fit International BV.
1.2 Bridle2fit has its seat of business at Bevelandsestraat 186 in The Hague, the Netherlands. The e-mail address is [email protected] International BV is registered with the Dutch Chamber of Commerce under dossier number 69215006.
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2. APPLICATION OF THESE GENERAL TERMS AND CONDITIONS
2.1 These General Terms and Conditions are applicable to all legal transactions and agreements concluded by Bridle2fit.
2.2 Deviations of these General Terms and Conditions or additions hereto, are only valid when agreed in writing.
3. OFFERS, DESIGNATED OFFERS AND PRICES
3.1 All offers and/or designated offers are non-binding, unless stated otherwise. The stated prices apply for delivery from the address of Bridle2fit.
3.2 Bridle2fit describes the product offering with care, and makes thereby use of product images. When an error in the product offering is clearly a mistake, then that does not bind Bridle2fit.
3.3 Data in printed works, mailings, advertising expressions and price lists are subject to changes, changes in price and model as well as typing and printing errors are reserved.
3.4 All mentioned prices are exclusive of shipping costs and exclusive of VAT, unless stated otherwise.
4. THE AGREEMENT
4.1 The agreement is concluded if the customer agrees with the offer and these General Terms and Conditions, and Bridle2fit confirms the agreement in writing.
4.2 Bridle2fit can, within the framework of the law, inform itself whether the customer can comply with his payment obligations and whether there are other impediments for a responsible conclusion of the agreement. If Bridle2fit on the basis of this investigation has good grounds not to conclude the agreement, then Bridle2fit is authorised to refuse an order or application or to connect to the execution special terms and conditions.
4.3 All agreements will be concluded on the basis of the prices in force on the time of conclusion.
5. RIGHT OF RECALL
5.1 A product may be sent back within 14 days after delivery. Within 14 days after receipt of the return shipment, the customer shall receive his payment back.
5.2 During the reconsideration period, the customer shall deal carefully with the product and the packaging. The point of departure thereby is, that the product may be handled and inspected in the same manner as that would be allowed in a shop.
5.3 The customer is liable for reduction of value of the product that is the consequence of the manner of dealing with the product that goes further than permitted in section 2. Upon reduction of value of the product during the reconsideration period, the customer does not lose the right of recall.
5.4 Bridle2fit may ask the customer for the reason of recall, but may not oblige this to a statement of his reason(s).
5.5 If the customer makes use of his right of recall, then he will report this within the reconsideration period by e-email, [email protected].
5.6 If the customer makes use of his right of recall, then he sends the product bask as soon as possible, no later than within 14 days, with all delivered accessories, if possible in the original state and packaging, and in accordance with the instructions provided by Bridle2fit. The shipment costs are for account of the Customer.
5.7 If the customer has ordered several products, then the reconsideration period starts on the day on which the last product has been received by the customer, unless agreed otherwise in writing.
6. DELIVERY
6.1 The shipment takes place in the manner stated by Bridle2fit. If the customer wishes to receive a shipment otherwise, then the related extra costs shall be for his account
6.2 Bridle2fit is authorised to deliver an order with several products in parts. Bridle2fit shall notify the customer hereof timely in writing.
6.3 If the delivery experiences delay, or if an order cannot or only partially be executed, then the customer will receive hereof notification no later than 30 days after he has placed the order. The customer has in that case the right to dissolve the agreement without costs, and the amount paid by the customer shall be refunded.
6.4 The risk of damaging and/or missing products lies with Bridle2fit until the moment of delivery to the delivery address stated by the customer, unless agreed otherwise in writing.
7. Payment
7.1 Insofar not otherwise set forth in the agreement or additional terms and conditions, the amounts due by the customer must be paid within 30 days after the conclusion of the agreement.
7.2 The customer has the duty to report incorrect matters in provided or stated payment data to Bridle2fit.
7.3 If the customer does not timely comply with his payment obligation(s), then he is, after he has been pointed by Bridle2fit to the too late payment and Bridle2fit has granted the customer a term of 14 days to comply after all with his payment obligations, after the absence of payment within this 14-day term, liable to pay over the yet due amount the interest by law and Bridle2fit is authorised to bring the out-of-court collection costs made by it, into account.
8. WARRANTY
8.1 On the products delivered by Bridle2fit a sellers’ warranty of 1 year is applicable, unless explicitly stated otherwise. Under the sellers’ warranty shall fall manufacturing errors, materials errors and stitching.
8.2 Excluded from the sellers’ warranty are:
- Stones, pearls or other glued or stitched decorative objects; • Normal wear and tear as a consequence of daily use;
- Damage as a consequence of external violence (such as horse teeth, nails, screws, grazing or pulling);
- Damage as a consequence of inexpert or improper use;
- Products that have been repaired by a third party;
- Discoloration as a consequence of the working of light;
- Omissions of the customer in the maintenance of the delivered goods;
- Any other external cause.
8.3 If the right to sellers’ warranty such as referred to in section 1 and 2, is applicable, then the customer has a right to repair, replacement, dissolution and/or reduction of price.
8.4 If the customer wishes to make a claim under the sellers’ warranty, then he reports this as soon as possible in writing to Bridle2fit.
9. LIABILITY
9.1 Bridle2fit is not liable for the costs, damages and interests that might arise as a direct or indirect consequence of:
- Force Majeure, such as described further in these General Terms and Conditions.
- Acts or omissions of the customer, his subordinates, or other persons.
- Omissions of the customer in the maintenance of the delivered products.
- Normal wear and tear to the delivered product as a consequence of daily use.
- Inexpert or improper use of the delivered products.
- Any external cause
9.2 Each liability of Bridle2fit is explicitly limited to the maximum of the amount that in the concerned case has been invoiced by Bridle2fit, always limited to the amount of the pay-out of his insurer, for damage to the delivered product, as well as to the work and/or properties of the customer and/or third parties, insofar emerged by fault of Bridle2fit.
9.3 Bridle2fit is never liable for indirect damage, including consequential damage, enterprise damage, missed profit, missed savings and damage by enterprise or other stagnation.
10. FORCE MAJEURE
10.1 Under Force Majeure will be understood in these General Terms and Conditions, in addition to what is understood in the law and jurisprudence, all external cause, foreseen or not-foreseen, on which Bridle2fit can exercise no influence, but because of Bridle2fit is not able to comply with its obligations. Bridle2fit has also the right to claim Force Majeure, if the circumstance that hinders (further) compliance with the agreement, emerges after Bridle2fit should have complied with its legal obligation.
10.2 Bridle2fit can during the period that the Force Majeure continues suspend the obligations from the agreement. If this period lasts longer than two months, then each of the parties is authorised to dissolve the agreement, without obligation to compensation of damage to the other party.
10.3 If Bridle2fit at the time of the emergence of Force Majeure has by then partially complied with its obligations from the agreement, or shall be able to comply with these, and to the part complied with respectively to be complied with, an independent value belongs, then Bridle2fit is authorised to invoice the part already complied with respectively to be complied with, separately.
11. APPLICABLE LAW
11.1 Solely the Laws of the Netherlands are applicable to all legal transactions and agreements concluded by Bridle2fit. The applicability of the Vienna Purchase Treaty is excluded.
11.2 All disputes which cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the courts of The Hague, The Netherlands.
