Terms and Conditions
Facts Mijn Stalgordijn
Mijn Stalgordijn is part of TCN Sporthorses
VAT nr: NL861614112B01
IBAN: NL70 RABO 0301 9844 33
Tel. +31 6 25580717
Article 1. Definitions
- TCN Sporthorses: TCN Sporthorses, established in Rijssen as a CV under KvK nr. 380276695
Buyer: the person with whom TCN Sporthorses has entered into an agreement.
3. Parties: TCN Sporthorses and consumer together.
4. Consumer: a customer who is also an individual and who acts as a natural person.
Article 2. Applicability of general terms and conditions
- These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of TCN Sporthorses.
- Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
- The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the consumer or of third parties.
Article 3. Prices
- All prices that TCN Sporthorses uses are in euros, include VAT and exclude any other costs such as shipping or transport costs, unless expressly stated otherwise or otherwise agreed – in writing – by the parties.
- TCN Sporthorses may change all prices charged by TCN Sporthorses for its products or services, on its website or otherwise.
- Increases in the cost prices of products or parts thereof, which TCN Sporthorses could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
- TCN Sporthorses has the right to adjust prices annually.
- The consumer has the right to terminate the agreement with TCN Sporthorses (in writing) if the aforementioned party does not agree with the price increase.
Article 4. Payments and payment term
- When entering into the agreement, TCN Sporthorses may expect payment through online or in advance, unless otherwise agreed in writing, that payment will be made no later than eight (7) days after the invoice or order date.
- Payment terms are regarded as strict payment terms. This means that if the consumer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without TCN Sporthorses having to send the consumer a demand or notice of default.
- TCN Sporthorses reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.
Article 5. Consequences of not paying on time
- If the customer does not pay within the agreed term, TCN Sporthorses is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
- If the customer is in default, he also owes extrajudicial collection costs and any compensation to TCN Sporthorses.
- If the customer does not pay on time, TCN Sporthorses may suspend its obligations until the customer has fulfilled its payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, TCN Sporthorses’s claims against the customer are immediately due and payable.
- If the customer refuses to cooperate in the execution of the agreement by TCN Sporthorses, the customer is still obliged to pay the agreed price to TCN Sporthorses.
Article 6. Right of complain
- As soon as the customer is in default, TCN Sporthorses is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
- TCN Sporthorses invokes the right to complain by written or electronic notice.
- As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to TCN Sporthorses, unless the parties agree otherwise.
- The costs for the return or return of the products will be borne by the customer.
Article 7. Right of withdrawal
- A consumer can cancel a online purchase during a reflection period of 7 days without giving any reason, provided that:
– The product has not been used
– The product is in original condition and shows no defects due to careless use by the consumer
– The original packaging is present
– The consumer has not waived his right of withdrawal
– It concerns a standard product and not a so-called “custom made” product on order.
- The reflection period of 7 days as referred to in paragraph 1 starts: – The day included after the consumer has received the last product or part of 1 online order, as soon as the consumer has received the first product.
- The consumer can make his appeal to the right of withdrawal known via email@example.com and/or by telephone on 06-25580717.
- The consumer is obliged to return the product to TCN Sporthorses within 7 days after making his right of withdrawal known, in the event of defects, his right of withdrawal will lapse.
- The costs for returns are borne by the customer, returns may also be brought back to the showroom in Rijssen by appointment.
- If the purchase costs and any other costs (such as shipping and return costs) are eligible for a refund according to the law, TCN Sporthorses will refund these costs to the consumer within 14 days after receipt of the timely and correct appeal to the right of withdrawal, provided that the consumer has returned the product to TCN Sporthorses in a timely manner.
- For purchases made on appointmentor collected, different conditions apply as for purchases made online. The consumer has a cooling off period of 7 days and is obliged to within 7 days make his right of withdrawal recognizable. The consumer can make his appeal to the right of withdrawal known via firstname.lastname@example.org and/or by telephone via +31-625580717
Article 8. Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Article 9. Right of retention
- TCN Sporthorses may invoke its right of retention and in that case retain the customer’s products until the customer has settled all outstanding invoices with regard to TCN Sporthorses, unless the customer has provided sufficient security for those costs.
- The right of retention also applies under previous agreements from which the customer still owes TCN Sporthorses payments.
- TCN Sporthorses is never liable for any damage that the customer may suffer as a result of the use of its right of retention.
Article 10. Settlement
Unless the customer is a consumer, the customer waives its right to set off a debt owed to TCN Sporthorses against a claim against TCN Sporthorses.
Article 11. Retention of title
- TCN Sporthorses remains the owner of all delivered products until the customer has fully complied with all its payment obligations towards TCN Sporthorses under any agreement concluded with TCN Sporthorses, including claims for failure to perform.
- Until the payment obligation has been fully met, TCN Sporthorses can invoke its retention of title and reclaim the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, dispose of, or otherwise encumber the products.
- If TCN Sporthorses invokes its retention of title, the agreement will be deemed dissolved and TCN Sporthorses has the right to claim compensation, lost profit and interest.
Article 12. Delivery
- Delivery of products ordered online will be made to the address specified by the customer.
- If the agreed amounts are not paid or are not paid on time, TCN Sporthorses has the right to suspend its obligations until the agreed part has been paid.
- In case of late payment, there is a default by creditors, with the result that the customer cannot object to TCN Sporthorses for a late delivery.
Article 13. Delivery time
- The delivery times stated by TCN Sporthorses are indicative and if they are exceeded, they do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
- The delivery time starts when the customer has fully completed the (electronic) order process and has received an (electronic confirmation) from TCN Sporthorses.
- Exceeding the specified delivery time does not entitle the customer to compensation, nor the right to dissolve the agreement, unless TCN Sporthorses is unable to deliver within 14 days after being notified in writing or the parties have agreed otherwise.
Artikel 14. Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Article 15. Transportation costs
Transport costs are for the account of the consumer up to an order amount of € 200.00, above that for TCN Sporthorses, unless the parties have agreed otherwise.
Article 16. Packing and Shipping
- If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before taking receipt of the product, failing which TCN Sporthorses cannot be held liable. for any damage.
- If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to TCN Sporthorses prior to transport, failing which TCN Sporthorses cannot be held liable for any damage.
Article 17. Insurance
- The customer undertakes to sufficiently insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft, items supplied that are necessary for the execution of the underlying agreement, items of TCN Sporthorses that are present at the client’s are, goods that have been delivered subject to retention of title.
- The customer makes the policy of these insurances available for inspection at TCN Sporthorses’s first request.
Article 18. Storage
- If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of early or late purchase of products are entirely for the account of the customer.
Article 19. Guarantee
- When the parties have entered into an agreement with a service nature, this only contains obligations of effort for TCN Sporthorses, not obligations of results.
- The warranty with respect to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when they are legally and/or actually delivered, or at least come under the control of the customer or from third parties who receive the product on behalf of the customer.
Article 20. Returns
- Exchange is only possible if the following conditions are met:
– Exchange will take place within 7 days of purchase upon presentation of the original invoice.
– The product is returned in its original packaging or with the original (price) tags still attached.
-The product has not been used.
2. Discounted items, non-perishable items such as foodstuffs, custom-made or color-ordered items or items specially adapted for the customer cannot be exchanged.
Article 21. Performance of the agreement
- TCN Sporthorses performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- TCN Sporthorses has the right to have the agreed services (partially) performed by third parties.
- The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
- It is the responsibility of the customer that TCN Sporthorses can start the execution of the agreement in a timely manner.
- If the customer has not ensured that TCN Sporthorses can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.
Article 22. Information provided by the customer
- The customer makes all information, data and documents relevant for the correct execution of the agreement available to TCN Sporthorses in a timely manner and in the desired form and manner.
- The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
- If and insofar as the customer so requests, TCN Sporthorses will return the relevant documents.
- If the customer does not provide the information, data or documents reasonably required by TCN Sporthorses, or does not make it available in good time or properly, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be for the account of the customer.
Article 23. Duration of the agreement
- If an agreement has been entered into for a definite period, it will be tacitly converted into an agreement for an indefinite period after the expiry of the term, unless one of the parties terminates the agreement with due observance of a notice period of 2 months, or a consumer has terminated the agreement. terminate the agreement with due observance of a notice period of 1 month, the agreement will end by operation of law.
- If the parties have agreed on a term within the term of the agreement for the completion of certain activities, this is never a strict deadline. If this term is exceeded, the customer must give TCN Sporthorses written notice of default.
Article 24. Intellectual property
- TCN Sporthorses retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing.
- The customer may not copy, show to third parties and/or make available or otherwise use said intellectual property rights without the prior written consent of TCN Sporthorses.
Article 25. Confidentiality
- The customer shall keep secret any information received (in whatever form) from TCN Sporthorses.
- The same applies to any other information concerning TCN Sporthorses which he knows or can reasonably suspect to be secret or confidential or which he can expect to be disclosed could cause damage to TCN Sporthorses.
- The customer takes all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 secret.
- The obligation of confidentiality described in this article does not apply to information:
– Which was already public before the customer learned this information or which has subsequently become public without being the result of a breach of the customer’s duty of confidentiality
– Which is made public by the customer on the basis of a legal obligation
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.
Article 26. Penalty clause
- If the consumer violates the article of these general terms and conditions about confidentiality or about intellectual property, he forfeits an immediately due and payable fine for each violation for the benefit of the trade name.
– if the other party is a natural person, this fine is € 1,000.
– if the other party is a legal person, this fine is € 5,000
2. In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that that violation continues.
No prior notice of default or legal proceedings are required for the forfeiture of this fine. There is also no need for any kind of damage.
Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of TCN Sporthorses, including its right to claim compensation in addition to the fine.
Artikcle 27. Disclaimer
The customer indemnifies TCN Sporthorses against all claims from third parties related to the products and/or services supplied by TCN Sporthorses.
Article 28. Complaints
- The customer must examine a product or service provided by TCN Sporthorses as soon as possible for any shortcomings.
- If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform TCN Sporthorses of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. set. This can be done by phone via +31-625580717 or by e-mail via email@example.com
- Consumers must inform TCN Sporthorses of this within 2 months after discovery of the shortcomings.
- The customer provides as detailed a description as possible of the shortcoming, so that TCN Sporthorses is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to TCN Sporthorses being obliged to perform other work than has been agreed.
Article 29. Notice of default
- The customer must notify TCN Sporthorses of any notice of default in writing.
It is the customer’s responsibility that a notice of default actually reaches TCN Sporthorses (on time).
Article 30. Joint and several liability customer
If TCN Sporthorses enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts owed to TCN Sporthorses under that agreement.
Article 31. Liability TCN Sporthorses
- TCN Sporthorses is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
- If TCN Sporthorses is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
- TCN Sporthorses is never liable for indirect damage, such as consequential damage, loss of profit, lost savings or damage to third parties.
- If TCN Sporthorses is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the ) invoice amount to which the liability relates.
- All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Article 32. Expiration period
Any right of the customer to compensation from TCN Sporthorses expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Article 33. Right to dissolution
- The customer has the right to dissolve the agreement if TCN Sporthorses imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
- If the fulfillment of the obligations by TCN Sporthorses is not permanently or temporarily impossible, dissolution can only take place after TCN Sporthorses is in default.
- TCN Sporthorses has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if TCN Sporthorses has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.
Article 34. Force of the majority
- In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure by TCN Sporthorses to fulfill any obligation towards the customer cannot be attributed to TCN Sporthorses in a situation independent of TCN Sporthorses’s will. , as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from TCN Sporthorses.
- The force majeure situation referred to in paragraph 1 also includes – but is not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a force majeure situation arises as a result of which TCN Sporthorses cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until TCN Sporthorses can meet them again.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- TCN Sporthorses does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Article 35. Amendment of the agreement
If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
Article 36. Change of terms and conditions
- TCN Sporthorses is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- TCN Sporthorses will discuss major substantive changes with the customer in advance as much as possible.
- Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.
Article 37. Transfer of rights
- Customer rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of TCN Sporthorses
- This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.
Article 38. Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
- A provision that is void or voidable will in that case be replaced by a provision that comes closest to what TCN Sporthorses had in mind when drafting the conditions on that point.
Article 39. Applicable law and competent court
- All agreements between the parties are exclusively governed by Dutch law. prescribes otherwise.
The Mijn Stalgordijn website has been compiled with the greatest care. However, price, model and color changes are reserved as well as typing errors.
Prepared on October 31, 2022.