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GENERAL BUSINESS TERMS AND CONDITIONSANIMAL-RIDING SHOP
I. ApplicabilityThe ANIMAL-RIDING SHOP is managed by ZOO-RIDING AG. Only the following terms and conditions of all services presented and offered on the Websites by ZOO-RIDING AG apply. These terms and conditions may be printed or downloaded and forwarded. All collateral agreements, exclusion or deviation from these terms and conditions, additions, agreements and explications require the written form. This also applies to deviations from the written form requirement. To be effective, explications, complaints etc. of the customer to us require the written form.
II. General Terms and Conditions for Purchase of Goods from the ANIMAL-RIDING Shop The offered choice of products of the ANIMAL-RIDING Shop is directed only to the consumer (Article 1 paragraph 1 line 2 of the Consumer Protection Act (COPRA) and upon purchase of products the customer concludes a legal transaction that cannot be attributed to his or her commercial or self-employed occupation. The possibility to order from the ANIMAL-RIDING Shop requires the minimum age of 18. Customers who have not yet reached the age of 18 years may not order without the consent of the legal guardian. The area of delivery is exclusively within Europe. Upon request ZOO-RIDING AG may consider delivery also to other areas. The websites contain only an invitation to submit a purchase offer. The customer's order constitutes an offer to us to conclude a sales contract. A shopping cart is provided for the order at the Online Shop. The order can be sent online. All offers are non-binding. When an order is entered online to the ANIMAL-RIDING Shop, the customer will receive an e-mail confirming the receipt of the order including detailed information (order confirmation). This order confirmation does not represent an acceptance of the offer, but should simply inform the customer that we have received the order. A purchase contract becomes valid only when ZOO-RIDING AG has confirmed the acceptance of the order in writing or when the ordered product has been sent to the customer. If necessary, the shipping can be confirmed with a second e-mail (shipping confirmation). The purchase contract is not valid for products that have not been listed in the shipping confirmation. ZOO-RIDING AG reserves the right to limit the ordered goods to a reasonable amount. An order is in any case considered rejected when the customer has not received a confirmation within 4 weeks after the receipt of his or her order at the ANIMAL-RIDING Shop or received a delivery or at least a partial delivery. The order may be cancelled within 14 days after ordering in writing (also per e-mail). Moreover, the customer may cancel the contract within 14 days after the receipt of the ordered goods. For documentary evidence, withdrawal from the contract should be in writing (letter or e-mail) or through the return of the goods. No explanations are needed. In order to keep the time limits it is sufficient to send the cancellation/withdrawal/goods to the ANIMAL-RIDING Central Warehouse in the Netherlands to the following address: ANIMAL-RIDING B.V., Hamsestraat 90, NL-4043 LK Opheusden. In case of cancellation, a full or partial refund of the purchase price will take place step by step against return of the items received by the purchaser. The sender of the returned goods is in charge of the costs for the return shipping. The goods must be returned in unused condition enabling resale and shipped in the original packaging to the sender. A reduction in value due to the use of the goods or damaged packaging can be claimed by ZOO-RIDING AG or withdrawn from a payment already effected. The same conditions apply if some accessories or parts are missing upon return. The prices are quoted in Euro (EUR) and include the legal VAT (value added tax). ZOO-RIDING AG reserves the right to alter the quoted prices. Such is not possible if an order has been sent and ZOO-RIDING AG has confirmed the contract or if the ordered goods have been sent to the customer. The prices exclude shipping costs that will be calculated in the shopping cart according to the country of order. The payment can be made through credit card (MasterCard, Visa), PayPal or direct bank transfer. A small percentage of customs fees may incur for orders or deliveries outside the EU countries. The customer must pay these and they are not included in the purchase price. The deliverer of the goods (shipping company, parcel service, etc.) is authorized to collect these directly from the customer. Should nothing else be agreed upon, the delivery is sent to the address given by the customer. The delivery is at the account and risk of the customer. The risk of the customer will begin when the goods are delivered to the transporter. ZOO-RIDING AG has the right to make partial deliveries. All delivered goods will remain property of ZOO-RIDING AG until the payments have been fully settled. If a claim of ownership is raised, a withdrawal from the contract is effective only if specifically declared. Notices about delivery deadlines are non-committal, unless, exceptionally, a binding date has been guaranteed. Should the firm producing the goods fail to deliver the ordered goods despite contractual liability, ZOO-RIDING AG has the right to cancel the contract. In such a case, the customer will be informed without delay of the non-availability of the ordered product. In such a case, possible claims of the customer are excluded. Any payment already effected will be returned without delay. In case of defective goods, the customer service of ZOO-RIDING AG should be contacted at firstname.lastname@example.org or the goods should be sent to the Central Warehouse in the Netherlands at the address given above. ZOO-RIDING AG is liable only in case of deliberate action and gross negligence and lack of a warranted quality. ZOO-RIDING AG is not liable for damages that do not concern the delivery item. Furthermore, ZOO-RIDING AG is not liable for outstanding profits or financial loss of the customer. Limitation of liability is not valid when the cause of the damage is due to deliberate action and gross negligence of ZOO-RIDING AG or when damage to a person occurs. Neither is it valid if the customer makes claims according to the product liability law. Should ZOO-RIDING AG through negligent action violate essential contractual obligations, its liability for property damage is limited to foreseeable typical damage. If the liability of ZOO-RIDING AG is excluded or limited, it applies also to the personal accountability of employees, representatives and vicarious agents of ZOO-RIDING AG.
III. Data Protection The customer gives his/her explicit agreement that ZOO-RIDING AG may enter and process his/her personal data electronically within legal regulations (in particular observance of the data protection law 2000). The agreement can be withdrawn anytime. We inform the customer free of charge about his/her personal data processed and filed by us. Amendment, deletion and blocking of the personal data processed and filed by us can be requested anytime. ZOO-RIDING AG takes all technically possible measures to protect the customer data files. However, no liability will be assumed should a third party by illegal means bring these data to his or her power of control and reuse them. Claims against ZOO-RIDING AG because of damage to the customer or a third party because of such action will be excluded by mutual agreement.
IV. Images and Copyrights ZOO-RIDING AG and its partners own all image rights (photos and videos). Their use without explicit permission is prohibited. The website is owned and administered by ZOO-RIDING AG, Basel. All the contents on the website, including the texts, graphics, photos, images, moving images, sounds, illustrations and software, are property of ZOO-RIDING AG, its licensees and/or content-providers. All the elements of the website, including the general design and the contents, are protected by copyrights and other rights. Insofar as this is not expressly stated to the contrary, the contents may not be reproduced, changed, translated, filed or processed. In particular, the use of image and text material on platforms (e.g. eBay, etc.) is prohibited.
V. Liabilities Before delivery, the animals undergo a thorough check-up and are handed over to the purchaser in a fully functional condition. The purchaser is liable to use the animal solely for the intended purpose and is aware of the fact that the animals may exceed walking speed. Driving or rolling backwards is not possible and not allowed due to security reasons. Although the use of the animals is very safe (moderate speed, gentle gradients), the riding child is obliged to wear a riding or bike helmet, which is solely the responsibility of the accompanying person. The use of the animals on non-asphalt roads or roads with steep gradients is not allowed (the animals are not equipped with brakes). Riding during thunderstorm is not allowed either.
In case of breach of these obligations the purchaser is liable for any possible damage resulting from their non-observance and – should such a case occur – commits him- or herself to indemnify and hold ZOO-RIDING AG harmless. The use of the animals is solely at one’s own risk. Any liability of ZOO-RIDING AG is excluded if the animals are used improperly or inappropriately.
VI. Further regulations Solely Swiss jurisdiction is applicable, excluding the UN-Convention on Contracts for the International Sale of Goods. Contract language is German. ZOO-RIDING AG can anytime – even without prior notice – amend these General Terms and Conditions or the content of the websites or change the access to this site or block it for a compelling reason. The place of fulfilment and – unless a consumer is concerned – the legal domicile is Basel-Stadt. To lodge a claim against a customer who has his or her domicile, residence or place of employment in Germany or Austria, the court of the judicial district in which the customer has his or her domicile is responsible for action. For all claims against a customer, who has his or her domicile, usual residence or place of employment in Switzerland, the court of the judicial district where the customer has his or her domicile or usual residence or place of employment is responsible for action in case of differences concerning contracts.