Terms and Conditions
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract, correction options
The purchase contract shall be concluded with ms Horse GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the ordering process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent by e-mail immediately after you have sent the order.
When the contract with us comes into effect depends on the payment method you have chosen:
Invoice, SEPA Direct Debit Scheme
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.
Prepayment
We will accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we will provide you with our bank details.
Credit Card
When you place your order, you provide your credit card details and the credit card company performs an authorisation check. After your legitimation as a legitimate cardholder, the payment transaction is automatically initiated and your credit card is charged when you place the order. At the time of the credit card charge, the contract with us is concluded.
PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. After placing your order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This concludes the contract with us.
Cash payment on collection
We accept your order by sending a declaration of acceptance in a separate e-mail within two days.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English.
We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
4. Delivery conditions
Shipping costs are added to the stated product prices. You can find out more about the shipping costs in the offers.
You have the option to pick up your order at ms Horse GmbH, Heerstraße 8, 89547 Gerstetten, Germany during the following business hours: Monday-Thursday 08:00-16:00 hrs; Friday 08:00-12:00 hrs.
5. Payment
The following payment methods are generally available in our shop:
Prepayment
If you choose payment in advance, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit Card
When placing the order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
SEPA Direct Debit
By placing an order, you grant us a SEPA direct debit mandate. We will inform you about the date of the account debit (so-called prenotification). With the submission of the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account will be debited after the goods have been dispatched. The period for advance notice of the date of the account debit (so-called prenotification period) is 2 days.
PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the PayPal payment method, you must be registered there or register first and legitimise yourself with your access data in order to pay the invoice amount. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.
Kreditkarte über PayPal
If you have chosen the credit card payment method, you do not have to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out by your credit card company at PayPal’s request immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder, and your card will be charged. You will receive further instructions during the ordering process.
Rechnung
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.
Barzahlung bei Abholung
You pay the invoice amount in cash upon collection.
6. Right of withdrawal
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Reservation of title
The goods remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
9. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
The following applies to the purchase of used goods by consumers: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects are excluded. Defects occurring within one year of delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The above restrictions and reductions in time do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations).
- within the framework of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: Tel: 07324/9860-18 Monday- Thursday 08:00-16:00; Friday 08:00-12:00
10. Liability
For claims based on damage caused by us, our representatives or vicarious agents, our liability is always unlimited
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty
- in the case of guarantee promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our registered office.