Terms & Conditions – Horse Relaxe index
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Terms & Conditions

 Basic Regulations

(1) The terms and conditions outlined below govern contracts entered into between yourself and us, acting as the provider (Diamazin GmbH), via the Horse Relaxe website. Any inclusion of your own terms and conditions is hereby rejected unless explicitly agreed otherwise.

(2) In accordance with the following provisions, a consumer is defined as any natural person engaging in a legal transaction primarily for purposes unrelated to commercial or independent professional activities. An entrepreneur, on the other hand, encompasses any natural or legal person, or a legally recognized partnership, conducting a legal transaction within the scope of their independent professional or commercial activities.

Contract Agreement

(1) The subject matter of the contract is the sale of goods.

(2) By posting the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" and make changes at any time using the corresponding button in the navigation bar. After clicking the "Checkout" or "Proceed to Checkout" button (or similar designation) and entering personal data as well as payment and shipping conditions, the order data will be displayed to you as an order overview. If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider. If redirected to the respective instant payment system, you will make the corresponding selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the instant payment system provider's website or after being redirected back to our online shop. Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order. By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare binding acceptance of the offer, thereby concluding the contract.

(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5) The processing of the order and the transmission of all information required for the conclusion of the contract takes place by email, partly automated. You must therefore ensure that the email address you provided to us is correct, that the receipt of emails is technically ensured, and in particular, is not prevented by SPAM filters.

Formation of Contract for Courses

(1) The subject matter of the contract is the provision of courses. Our internet offers are non-binding and do not constitute a binding offer to enter into a contract.

(2) Your requests for proposal creation are non-binding. We will provide you with a formal proposal in written form (e.g., via email), which you can accept within 5 days (unless otherwise specified in the respective offer).

(3) Order processing and the transmission of all information necessary for contract conclusion will be conducted via email, partly automated. It is imperative that you ensure the accuracy of the email address provided to us, that receipt of emails is technically assured, and particularly that it is not hindered by SPAM filters.

Service Provision for Courses

(1) The courses will be conducted as described in the respective offers at the agreed-upon dates.

(2) If the execution of the courses depends on the number of participants, the minimum number of participants is stated in the respective offer. If the minimum number of participants is not reached, we will inform you in writing (e.g., via email) no later than 7 days before the course start date about the cancellation of the booked course. Any services already provided will be promptly refunded in this case.

(3) In the event of the cancellation of a single event due to the last-minute absence of the course instructor due to illness or other significant reasons, the services already provided will be promptly refunded. For events consisting of multiple dates, if a date is canceled due to the last-minute absence of the course instructor due to illness or other significant reasons, the canceled date will be rescheduled for a substitute date.

(4) In connection with the use of course rooms and facilities, you are required to adhere to the local house rules. You must comply with our instructions or those of the course instructor.

Special Agreements Regarding Offered Payment Methods

(1) Payment via "PayPal" / "PayPal Checkout" When selecting a payment method offered through "PayPal" / "PayPal Checkout," payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may utilize additional payment services for payment processing; if special payment conditions apply, you will be notified separately.

(2) Payment via "Mollie" When selecting a payment method offered through "Mollie," payment processing is handled by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie"). The individual payment methods via "Mollie" will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. "Mollie" may utilize additional payment services for payment processing; if special payment conditions apply, you will be notified separately.

Right of Retention, Retention of Title

(1) You may only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are a business owner, the following additional provisions apply:
a) We reserve the right of ownership of the goods until full settlement of all claims arising from the ongoing business relationship. Prior to transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign all claims arising from the resale to us in the amount of the invoice value; we accept the assignment. You are further authorized to collect the receivables. However, if you fail to meet your payment obligations properly, we reserve the right to collect the receivables ourselves.
c) In the event of connection or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of securities to be released is at our discretion.

Warranty

(1) The statutory warranty rights apply.

(2) If you are informed before submitting the declaration of contract by us and this has been expressly and separately agreed upon, the warranty claims for used goods are excluded if the defect only becomes apparent after one year from delivery of the goods. If the defect becomes apparent within one year from delivery of the goods, the warranty claims can be asserted within the statutory limitation period of two years from delivery of the goods. The above limitation does not apply to: damages caused by us attributable to culpable violation of life, body, or health and in case of intentional or grossly negligent other damages; if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.

(3) As a consumer, you are requested to check the goods for completeness, obvious defects, and transport damage immediately upon delivery and to promptly notify us and the carrier of any complaints. Failure to comply with this does not affect your statutory warranty rights.

(4) If a characteristic of the goods deviates from the objective requirements, the deviation is only agreed upon if you have been informed about it before submitting the declaration of contract by us and the deviation has been expressly and separately agreed upon between the parties to the contract.

(5) If you are a business owner, the following deviations from the above warranty regulations apply:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public praise, and statements made by the manufacturer.
b) In case of defects, we provide warranty at our discretion through rectification or replacement. If the rectification fails, you can demand a reduction in price or withdraw from the contract of sale. If the rectification fails after a second attempt, it is deemed unsuccessful unless otherwise indicated by the nature of the goods or defect, or other circumstances. In the case of rectification, we do not have to bear the increased costs resulting from the transport of the goods to a place other than the place of performance, unless the transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply to: damages caused by us attributable to culpable violation of life, body, or health and in case of intentional or grossly negligent other damages; if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods; for items that have been used for a building according to their customary use and have caused its defectiveness; for legal recourse claims that you have against us in connection with defect rights.

Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country of habitual residence of the consumer is not withdrawn (principle of favorability).

(2) The place of performance for all services under the business relationships with us and the place of jurisdiction is our registered office, unless you are a consumer, a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is not known at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer Information Identity of the Seller Diamazin GmbH Ludwigsburger Str. 10 71254 Ditzingen Germany Phone: +49 7152 5699203 Email: info@horserelaxe.de

Alternative Dispute Resolution: The European Commission provides a platform for online dispute resolution (ODR platform). We are willing but not obliged to participate in dispute resolution proceedings before consumer arbitration bodies. Information on Conclusion of the Contract The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are made in accordance with the provisions "Formation of the Contract" of our General Terms and Conditions (Part I.).

Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receiving the order from us, the order data, the legally required information for distance contracts, and the general terms and conditions are sent to you again by email.
3.3. In the case of inquiries outside of the online shopping cart system, you will receive all contract data as part of a binding offer in written form, e.g., by email, which you can print out or save electronically.

Codes of Conduct
4.1. We have subjected ourselves to the quality criteria of the Käufersiegel Buyer Seal of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

Essential Characteristics of the Goods or Service The essential characteristics of the goods and/or service can be found in the respective offer.
Prices and Payment Modalities 6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are displayed separately during the ordering process, and are to be borne by you additionally, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs may be incurred by us, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
6.4. You are responsible for any costs of money transfer (transfer or exchange rate fees of credit institutions) incurred in cases where the delivery is made to an EU member state but the payment is initiated outside the European Union.
6.5. The available payment methods are displayed under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise specified for each payment method, the payment claims arising from the concluded contract are due for payment immediately.
6.7. Unless otherwise agreed, payment for courses must be made no later than at the course location before the start of the course, otherwise there is no entitlement to participate.

Delivery Conditions
7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is statutorily regulated that the risk of accidental loss and accidental deterioration of the goods sold during shipment will not be transferred to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise appointed to carry out the shipment. If you are a business owner, the delivery and shipment are at your risk.

Legal Warranty Rights The warranty is based on the provisions of the "Warranty" regulation in our General Terms and Conditions (Part I). These terms and conditions and customer information were created by the specialized lawyers of the Händlerbund, who are experts in IT law, and