Terms and Conditions

Article 1 Definitions

Horse Originals is a Private Limited Company that aims to supply horse products to distributors and consumers.
In these General Terms and Conditions, 'General Terms and Conditions' refers to these General Terms and Conditions.
In these General Terms and Conditions, 'Customer' refers to a natural person who does not act for purposes connected with his business, or professional activity (hereinafter referred to as Consumer) or the natural person or legal entity acting in the course of his trade or profession (hereinafter referred to as Business Customer) and who uses the Services of Horse Originals.
In these General Terms and Conditions, 'Parties' and, individually, 'Party' refers to Horse Originals and/or the Customer.
In these General Terms and Conditions, 'Agreement' refers to the Agreement concluded between Horse Originals and the Customer, whether or not concluded within the framework of an organized system for distance sales or services, whereby exclusive use is made of one or more means of distance communication until the moment the Agreement is concluded, whereby Horse Originals undertakes towards the Customer to deliver Products, and the Customer undertakes to pay a price for this. The Agreement is concluded by an offer from Horse Originals and its acceptance by the Customer, which is further specified in Articles 4.3 and 4.4 of these General Terms and Conditions.
In these General Terms and Conditions, 'Products' refers to all Products supplied to the Customer by Horse Originals and/or third parties engaged by it, including Slow Feeders and Hay Sprays, which are offered on the Website and whether or not made by Horse Originals itself.
In these General Terms and Conditions, 'Website' refers to the Website of Horse Originals, which can be consulted at www.horseoriginals.com.

Article 2 Identity of Horse Originals

Horse Originals is registered with the Chamber of Commerce under number 81617437 and has VAT identification number NL862158515B01. Horse Originals is established at Plantsoen 48 (5384 EV) in Heesch.
Horse Originals can be reached by e-mail at info@horseoriginals.com, via the Website www.horseoriginals.com and by telephone on +31 6 23 82 04 27.

Article 3 Applicability of these General Terms and Conditions

The General Terms and Conditions apply to every offer from Horse Originals and to all current and future Agreements, deliveries, commercial relationships and other legal relationships between the Parties. The General Terms and Conditions of the Customer are explicitly rejected.
Any deviations from these General Terms and Conditions are subject to the explicit and written approval of Horse Originals.
The applicability of purchase or other terms and conditions of the Customer is explicitly rejected, unless explicitly agreed otherwise in writing.
These General Terms and Conditions also apply to additional or amended instructions from the Customer.
If it appears that a provision or several provisions of these General Terms and Conditions are null and void, the validity of the other provisions of these General Terms and Conditions, as well as the entire Agreement, will not be affected. In such a case, the parties will endeavor to replace the invalid provision with a new, valid provision that approaches the invalid provision as closely as possible within the purport of the original General Terms and Conditions.

Article 4 Offer and conclusion of Agreement

All offers on the Website are without obligation, unless explicitly stated otherwise.
The Customer can contact Horse Originals via the Website, email or telephone for one of the Products offered.
Horse Originals will consult with the Customer about its expectations. The Agreement is only concluded through acceptance of the offer.
The Customer can also place orders on the Website. In that case, the Agreement is concluded by placing an order.
If Horse Originals sends a confirmation to the Client, this confirmation will give direction to the content and interpretation of the Agreement, subject to apparent typing errors. Horse Originals is not obliged to abide by its offers, if it is reasonably understandable for the Customer that the offer, or parts thereof, contain an apparent error or typing error.
If the Customer makes notes or comments on Horse Originals' offer, they do not form part of the Agreement, unless Horse Originals confirms this in writing.
An instruction by the Customer that is not preceded by a written offer requires written acceptance by Horse Originals.

Article 5 Performance of the Agreement

Horse Originals will endeavor to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship, as well as much as possible in accordance with the agreements laid down in writing.
Horse Originals is entitled to have certain work carried out by third parties.
When engaging third parties, Horse Originals will exercise due care and, in the selection of these third parties, will consult with the Client as far as this is reasonably possible and customary in the relationship with the Client. The costs of engaging these third parties will be borne by the Customer and will be passed on to the Customer by Horse Originals.
The Agreement can only be performed by Horse Originals if the Customer provides complete and correct (contact) details to Horse Originals when concluding the Agreement. The Customer therefore ensures that all information, of which Horse Originals indicates that it is required or with regard to which the Customer can reasonably understand that this is required for the performance of the Agreement, is made available to Horse Originals in a timely fashion.
The Customer ensures that Horse Originals can provide its Services in a timely and proper manner. If the Customer fails to comply with its agreements in this regard, it is obliged to compensate the resulting damage.
If a term is agreed on or stipulated with regard to the performance of Services or the delivery of Products, this term will never be a strict deadline. If a term is exceeded, the Customer must hold Horse Originals liable for this in writing. Horse Originals must be given a reasonable term to perform the Agreement at a later date.

Article 6 Amendments to the Agreement

If during the performance of the Agreement, it appears that a supplement or an amendment is needed to ensure an adequate performance thereof, Horse Originals and the Customer will enter into mutual and timely consultations in order to amend the Agreement.
If the Agreement is amended, including an addition, this constitutes an additional instruction. A separate payment agreement will be made in advance for this additional instruction. Without an additional offer, the original terms and conditions apply, whereby the additional Services are paid at the agreed rate.
Horse Originals will not be in breach of contract when the amended Agreement is not performed or not performed instantly, and it does not form a reason for the Customer to terminate or dissolve the Agreement.
Amendments to the originally concluded Agreement between Horse Originals and the Customer are only valid from the moment that these amendments have been accepted by both Parties by means of an additional or amended Agreement. This amendment will be made in writing.

Article 7 Suspension, dissolution and premature termination of the Agreement

Horse Originals is authorized to suspend the fulfillment of its obligations or to dissolve the Agreement if the Customer does not, not fully or not timely, fulfill its obligations under the Agreement, or if Horse Originals has good grounds to fear that the Customer will fail, provided that Horse Originals has given the Customer notice of default by means of a written reminder, whereby the Customer is given a reasonable term for the fulfillment of the obligations, and fulfillment is not forthcoming within this term.
Furthermore, Horse Originals is authorized to dissolve the Agreement, under the same conditions as referred to in paragraph 1 of this Article, if circumstances arise of such a nature that compliance with the Agreement is impossible or unaltered maintenance of the Agreement cannot reasonably be expected.
If the Customer fails to fulfill its obligations under the Agreement, this non-compliance justifies dissolution and the Customer is in default, Horse Originals is entitled to dissolve the Agreement instantly and with immediate effect by means of a written statement to the Customer, whereby the Customer, by virtue of breach of contract, is obliged to pay damages or compensation.

Article 8 Right of withdrawal and returning Products

The Customer has the right to cancel a distance Agreement within 14 (fourteen) days free of charge and without giving any reason (Right of Withdrawal).
This Article only applies to a distance Agreement concluded with the Consumer. A Business Customer is therefore has no right of withdrawal.
If the Agreement relates to the provision of Services, the term of the Right of Withdrawal starts on the day on which the Agreement is concluded.
For the Customer, the Agreement can no longer be canceled if Horse Originals delivers the Services in full within the 14-day (fourteen) reflection period. When concluding the Agreement, the Customer grants Horse Originals permission for this and declares to waive the Right of Withdrawal.
Furthermore, the Customer reserves the Right of Withdrawal if the Services, at the request of the Customer, are partially delivered within the 14-day (fourteen) reflection period. The Customer is, however, obliged to pay for the Services already provided.
In the case of an Agreement relating to the delivery of Products, the term of the Right of Withdrawal of the Customer, or a third party designated by the Customer, who is not the carrier, starts on the day on which it:
1. Has received the Product;
2. Has received the last Product if the Customer has ordered several Products in the same order that are delivered separately;
3. Has received the last shipment or part if the delivery of the Product consists of several shipments or parts; or
4. Received the first Product relating to Agreements for the regular delivery of Products during a certain period.
If the Customer exercises the Right of Withdrawal within the withdrawal period referred to in paragraph 1 of this Article, Horse Originals will fully refund the entire amount paid by the Customer, including shipping costs, within 14 (fourteen) days of receiving the Product.
After the withdrawal period, free returns are only possible if the Customer can prove that damage has occurred to the Product upon arrival of the order, which damage was not caused by the Customer. A legal presumption of evidence applies to the Customer, meaning that if the Product deviates from the Agreement within 12 (twelve) months of receipt, it is presumed that the Product did not comply with the Agreement upon delivery.
During the withdrawal period referred to in paragraph 1 of this Article, the Customer is obliged to handle the received Product and its packaging with care. The Customer will only use the Product and only open the packaging insofar as this is necessary to inspect the Product. The starting point is that the Customer may not inspect the Product further than he would in a physical store. If the Customer decides to return the Product and it is not necessary to remove the packaging, Horse Originals asks not to do so.
The Customer is only liable for a reduction in value of the Product if this is the result of inspection actions that go further than the procedure referred to in paragraph 8 of this Article.
The Customer can return the Product via a postal company of his choice. The costs of returning the Product are payable by the Customer.
Horse Originals is obliged to provide the Customer with a return form in the event of a distance Agreement or to offer this via the Website. If the Customer wishes to return the order, the Customer can fill in the return form. The Customer is also free to otherwise unambiguously inform Horse Originals to dissolve the distance Agreement.
If the Customer electronically fills in the return form or otherwise electronically informs Horse Originals to dissolve the Distance Agreement, Horse Originals will immediately confirm receipt of this on a permanent data carrier.

Article 9 Cancellation

Cancellation of the Agreement after signing the offer or (electronic) order confirmation is not possible.

Article 10 Costs, remuneration and payment

All amounts stated in the offer are in euros and include VAT for the Consumer. For Business Customers, the offer is exclusive of VAT.
The amounts in the Webshop include VAT and exclude shipping costs, unless stated otherwise. Horse Originals will clearly and timely inform the Customer of the calculation of the shipping costs before the Agreement is concluded.
Horse Originals has the right to rectify apparent typing errors in the offer.
Payment is made via iDeal. Consumers pay in advance, Business Customers pay afterwards.
The Customer must pay the invoice within 14 (fourteen) days.
Horse Originals does not charge any shipping costs for Consumers, unless stipulated otherwise. For the Business Customer this is agreed on an order-by-order basis.
The Customer is obliged to immediately inform Horse Originals of any inaccuracies in the stated or provided payment details.
If the Customer fails to pay an invoice in time, the Customer will be in default by operation of law, without further notice of default being required. In that case, the Customer owes the statutory interest. The interest on the amount payable is calculated from the moment the Customer is in default until the moment that amount due is paid in full.
If Horse Originals decides to collect a claim on account of non-payment of one or more unpaid invoices by legal means, the Client, in addition to the principal sum due and the interest referred to in Article 9.8, is also obliged to pay all reasonable judicial and extrajudicial costs incurred. The payment of judicial and extrajudicial costs incurred will be determined in accordance with the then-applicable Decree that pertains to compensation for extrajudicial collection costs.

Article 11 Delivery

Once the order has been received by Horse Originals, it will send the Products as soon as possible, taking into account the delivery period, to the address the Customer has given Horse Originals. In principle, Horse Originals' delivery period is 2 (two) to 5 (five) working days.
If Horse Originals cannot deliver the Products within the agreed delivery period, it will inform the Customer of this as soon as possible. Horse Originals is entitled to agree a new delivery date in mutual consultation with the Customer, provided the Customer agrees.
The Products are at the risk of the buyer from the moment they are delivered to the Customer at the specified delivery address by Horse Originals or a carrier designated by it.
Unless agreed otherwise in writing, shipment will take place from Tilburg.
Horse Originals itself determines the method of transport and packaging. Horse Originals can choose to have the Products delivered via PostNL or another mail carrier, but can also choose to deliver the Products personally.
If the Products are available to the Customer after the delivery period has expired but are not accepted by him, the Products will be stored at his disposal, at his risk and expense, regardless of the reason for non-acceptance.
If the delivered Product essentially does not comply with the Agreement or if a Product is lost or damaged, a suitable solution will be sought in joint consultation. In such a case, the Customer has the right vis-à-vis Horse Originals to:

Demand delivery of the missing part or Product;
Demand repair of the delivered Product, provided Horse Originals can reasonably comply with this;

To demand replacement of the Product, unless the deviation from the Agreement is too minor to justify this, or the Product has been destroyed or deteriorated after the time that the Customer could reasonably have taken into account dissolution of the Agreement because the Customer was not considered a the debtor has carefully ensured the preservation of the Product;

To dissolve the Agreement, unless the deviation from the Agreement does not justify dissolution in view of its minor significance; or
Reduce the price in proportion to the degree of deviation from the Agreement.

The rights under paragraph 7 under iv and v of this Article only arise if repair and replacement of the delivered Products are impossible or cannot be required of Horse Originals, or if Horse Originals has failed to fulfill its obligations to repair or replace the delivered Products within a reasonable period of time.
If the Customer demands replacement of the Product, as referred to in paragraph 7 under iii of this Article, and the Product ordered is no longer available, Horse Originals is entitled to deliver a similar Product of the same or similar quality to the Customer.

Article 12 Liability

This Article only applies to an Agreement concluded with the Business Customer.
Paragraphs 7 and 9-12 of this Article do apply to an Agreement concluded with the Consumer.
The Customer is responsible for providing correct and representative data and information necessary for the performance of the Agreement. Horse Originals is not liable for damage, including on the basis of an incorrect order, if the Customer has provided incorrect, non-representative or irrelevant information.
The delivery period referred to in Article 10.1 can only be stated approximately. Although every effort will be made to comply with the delivery period, Horse Originals is never liable for the consequences of exceeding the period stated in that article. Exceeding the period does not entitle the Customer to cancel the Agreement, or to refuse receipt or payment of the Products, nor does Horse Originals owe any compensation to the Customer.
Horse Originals is not liable for errors or omissions of third parties engaged by it. By using the Services of Horse Originals, the Customer grants Horse Originals the authority to accept a limitation of liability also on behalf of the Customer if a third party engaged by Horse Originals wishes to limit its liability.
Horse Originals is not liable for any damage caused to the Products during transport, in accordance with Article 10, paragraph 4 of these General Terms and Conditions.
Horse Originals is not liable for indirect damage, including but not limited to consequential damage.
Horse Originals is not liable for any typing errors on the Website.
Horse Originals is not liable for non-compliance or late fulfillment of the obligations arising from the Agreement, if this is caused by force majeure as referred to in Article 13.
If Horse Originals is held liable, it will only be liable for direct damage actually incurred, paid or suffered by the Customer due to a demonstrable failure of Horse Originals' obligations with regard to its Services.
Horse Originals' liability is limited to the amount covered and paid out by the insurer. If the insurer does not pay out, or if Horse Originals is not insured, liability is limited to the amount paid by the Customer.
The limitation of liability described in this Article does not apply in the event of intent or willful recklessness on the part of Horse Originals.
This provision does not exclude liability to the extent that liability may not be limited or excluded by law.

Article 14 Force majeure

Force majeure is understood to mean all external causes, beyond the will or actions of Horse Originals, as a result of which timely, complete or correct fulfillment of the Agreement is no longer possible.
Force majeure as referred to in the previous paragraph of this Article also includes, but is not limited to non-compliance by a third party, illness of (personnel of) Horse Originals itself or a third party, abnormal weather conditions, malfunctions in water and energy supplies, strikes, serious malfunctions in the systems of Horse Originals, fire, floods, natural disasters, pandemics, riots, war or other domestic disturbances.
In the event of force majeure, fulfillment of the Agreement will be suspended for as long as the force majeure situation continues.
In the event of force majeure resulting in one of the Parties failing to fulfill its obligations under the Agreement, the other Party is entitled to terminate the Agreement without judicial intervention. In such a case, Horse Originals will refund any amounts paid, less all costs incurred by Horse Originals in connection with the Agreement.

Article 15 Warranty

Horse Originals offers a warranty for the Products it supplies against material and manufacturing defects. The warranty means that Horse Originals will repair the defects to the best of its ability and replace Products free of charge if necessary. Defects must be reported to Horse Originals in writing.
The warranty does not apply if the defects are wholly or partly the result of incorrect, incompetent, careless use, use for other than normal purposes or external causes, including but not limited to fire or water damage.
Broken zippers and other wear due to use (such as fraying) are not covered by the warranty. Damage due to external force (for example: the item comes into contact with nails, screws or is damaged by rubbing and pulling) is also not covered by the warranty.
The warranty also does not apply if the Products have been modified or are maintained by third parties.
The factory warranty period is 1 (one) year from the time of delivery, unless otherwise agreed. The warranty covers manufacturing and material defects.
If Horse Originals carries out repair work that falls outside the scope referred to in this Article, the costs will be borne by Horse Originals according to the law.
The provisions of the General Terms and Conditions with regard to warranty do not affect the Customer's warranty claims under the law.

Article 16 Complaints

The Customer is obliged to inspect the delivered Product at the time of delivery, or at least within the shortest possible term. In doing so, the Customer must examine whether the quality and quantity of the delivered goods correspond with what has been determined in the Agreement.
Errors or inaccuracies that can be found during a first inspection, taking into account the requirements of reasonableness and fairness, must be reported to Horse Originals in writing within 14 (fourteen) working days of receiving the Products, on presentation of proof of purchase, unless this is impossible or unreasonably onerous.
Other complaints, including complaints that could not be detected during a first inspection, must be reported to Horse Originals in writing within one month at the latest, in accordance with the provisions of paragraph 2 of this Article. A legal presumption of evidence applies to the Customer, meaning that if the Product deviates from the Agreement within 12 (twelve) months of receipt, it is presumed that the Product did not comply with the Agreement upon delivery.

Article 17 Confidentiality of information

Each of the Parties guarantees that all information received from the other Party that is known or should be known to be of a confidential nature will remain confidential. The Party that receives confidential information will only use it for the purpose for which it was provided. Information will in any case be deemed as private and confidential if designated as such by one of the Parties. Horse Originals cannot be held to this if the provision of information to a third party is necessary as a result of a court decision, a statutory regulation or for the correct performance of the Agreement.

Article 18 Intellectual property

Horse Originals reserves the rights and powers to which it is entitled under the Copyright Act.
The Customer guarantees that no third-party rights oppose making information available to Horse Originals. The Customer will indemnify Horse Originals against any act that is based on the allegation that such availability, use, modification, installation or incorporation infringes any third-party right.

Article 19 Complaints procedure

If the Customer has a complaint, the Customer must send this in writing to info@horseoriginals.com or by telephone via +31 6 23 82 04 27. If reasonably possible, the complaint will be handled by Horse Originals 5 (five) working days after receipt of the complaint, after which the Client will receive a substantive response as soon as possible.
The Customer also has the option of submitting a complaint to the Disputes Committee via the European ODR Platform, which can be found on the website http://ec.europa.eu/consumers/odr .

Article 20 Changes clause

Horse Originals reserves the right to make changes or additions to these General Terms and Conditions. Horse Originals will inform the Customer of this in a timely manner.
The amended General Terms and Conditions will apply to the Agreement one month after notification to the Customer.
The Consumer has the option of dissolving the Agreement up to the day on which the amended General Terms and Conditions come into force at the latest, if the amendments result in Horse Originals being able to provide Services or Products that are substantially different from those the Parties agreed on when the Agreement was concluded.

Article 21 Applicable law and competent court

The legal relationship(s) between Horse Originals and its Customer is governed by the laws of the Netherlands.
All disputes that may arise between Horse Originals and the Customer will be submitted to the competent court in the district where the Customer has his or her place of residence.
All disputes that may arise betweenHorse Originals and the Business Customer will be submitted to the court of Zeeland-West-Brabant.

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