Algemene voorwaarden van Horse Adds - onderdeel van Nutrimal B.V.

Article 1. Applicability

1. Deze algemene voorwaarden zijn, met uitsluiting van alle andere algemene voorwaarden, van toepassing op alle aanbiedingen, offertes en (totstandkoming, inhoud en uitvoering van) overeenkomsten op afstand tussen Nutrimal B.V. (hierna:“Gebruiker”) en een Wederpartij waarop Gebruiker deze algemene voorwaarden vantoepassing heeft verklaard, voor zover van deze voorwaarden niet door partijen uitdrukkelijk en schriftelijk is afgeweken.
2. Voordat de overeenkomst op afstand wordt gesloten, wordt de tekst van deze algemene voorwaarden aan de Wederpartij beschikbaar gesteld. Indien dit redelijkerwijs niet mogelijk is, zal de Gebruiker voordat de overeenkomst op afstand wordt gesloten, aangeven op welke wijze de algemene voorwaarden bij de Gebruiker zijn in te zien en dat zij op verzoek van de Wederpartij zo spoedig mogelijk kosteloos worden toegezonden.
3. Indien de overeenkomst op afstand elektronisch wordt gesloten, kan in afwijking van het vorige lid en voordat de overeenkomst op afstand wordt gesloten, de tekst van deze algemene voorwaarden langs elektronische weg aan de Wederpartij ter beschikking worden gesteld op zodanige wijze dat deze door de Wederpartij op een eenvoudige manier kan worden opgeslagen op een duurzame gegevensdrager. Indien dit redelijkerwijs niet mogelijk is, zal voordat de overeenkomst op afstand wordt gesloten, worden aangegeven waar van de algemene voorwaarden langs elektronische weg kan worden kennisgenomen en dat zij op verzoek van de Wederpartij langs elektronische weg of op andere wijze kosteloos zullen worden toegezonden.
4. Deze algemene voorwaarden zijn tevens van toepassing op overeenkomsten met Gebruiker, voor de uitvoering waarvan door Gebruiker derden worden betrokken.
5. De eventuele toepasselijkheid van andere algemene voorwaarden wordt bij dezen uitdrukkelijk van de hand gewezen.
6. Indien de onderhavige algemene voorwaarden in andere algemene voorwaarden uitdrukkelijk van de hand worden gewezen, maakt Gebruiker tegen de toepasselijkheid van deze andere algemene voorwaarden bij dezen bezwaar. Gebruiker stelt daarbij uitdrukkelijk dat ingeval van tegenstrijdigheid de onderhavige algemene voorwaarden prevaleren.
7. Voor zover één of meerdere bepalingen in deze algemene voorwaarden nietig zijn, vernietigd worden of anderszins niet van toepassing zijn, blijven de overige bepalingen onverkort van toepassing. Gebruiker en de Wederpartij zullen in dat geval in overleg treden teneinde nieuwe bepalingen ter vervanging van de nietige, vernietigde, of anderszins niet van toepassing zijnde bepalingen overeen te komen. Hierbij zal zoveel mogelijk aansluiting worden gezocht bij het doel en de strekking van de oorspronkelijke bepalingen.
8. Indien onduidelijkheid bestaat over de uitleg van één of meerdere bepalingen van deze algemene voorwaarden, dan wel indien zich tussen Gebruiker en de Wederpartij een situatie voordoet die niet in deze algemene voorwaarden is geregeld, dient de uitleg c.q. de beoordeling van de situatie plaats te vinden naar de geest van deze (bepalingen in de) algemene voorwaarden.
9. Nadat deze algemene voorwaarden van toepassing zijn verklaard op een overeenkomst tussen Gebruiker en een Wederpartij, wordt de meest recente versie van deze algemene voorwaarden geacht van toepassing te zijn op alle volgende overeenkomsten tussen dezelfde partijen, tenzij schriftelijk andere algemene voorwaarden zijn overeengekomen.

Article 2. Quotations and offers

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. An offer or quotation expires if the product to which the offer or quotation relates is no longer available.
3. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Other Party. If the User uses images, these are truthful representations of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer, reasonably understood by the Other Party, do not bind the User.
4. Each offer contains such information that it is clear to the Other Party what rights and obligations are attached to acceptance of the offer.
5. Insofar as there is a composite quotation, the User shall not be obliged to perform part of the order at a corresponding part of the quoted price.

Article 3. Establishment of the agreement.

1. The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the Other Party of the offer and the fulfillment of the conditions set therein.
2. If the User has accepted the offer electronically, the User shall immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the User, the Other Party may dissolve the agreement.
3. If the agreement is concluded electronically, the User will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the Other Party can pay electronically, the User will observe appropriate security measures.
4. The User may - within legal frameworks - inform itself whether the Other Party can meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the User has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution, giving reasons.
5. The User will include the following information to the Other Party, in writing or in such a way that it can be stored by the Other Party in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:
a. The visiting address of the User's branch office where the Other Party can address complaints;
b. The conditions under which and the manner in which the Other Party can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. The information about guarantees and existing after-sales service;
d. The price including all taxes of the product, service or digital content; to the extent applicable to the cost of delivery; and the method of payment, delivery or performance the distance contract;
e. The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
f. If the Other Party has a right of withdrawal, the model form for withdrawal.

Article 4. Right of withdrawal

For products:

1. The Other Party may dissolve an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving reasons. If the Other Party uses this right of withdrawal, the product will be returned to the User with all delivered accessories and - if reasonably possible - in its original condition and packaging. The User may ask the Other Party about the reason for his withdrawal, but may not oblige him to state his reason(s).
2. The withdrawal period referred to in paragraph 1 starts on the day after the Other Party, or another third party designated in advance by the Other Party, who is not the carrier, has received the product, or:
a. if the Other Party ordered several products in the same order: the day on which the Other Party, or a third party designated by it, received the last product. The User may, provided it has clearly informed the Other Party of this prior to the ordering process, refuse an order of multiple products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the Other Party, or a third party designated by it, has received the last shipment or part;
c. in the case of contracts for regular delivery of products during a specified period: the day on which the Other Party, or a third party designated by it, received the first product.
In the case of services and digital content not delivered on a tangible medium:

3. The Other Party may rescind a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The User may ask the Other Party about the reason for withdrawal, but may not oblige the Other Party to give its reason(s).
4. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Article 5. Obligations of the Other Party during the withdrawal period.

1. During the reflection period, the Other Party will handle the product and its packaging with care. He will only unpack the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the Other Party may only handle and inspect the product as he would be allowed to do in a store.
2. The Other Party shall only be liable for diminished value of the product resulting from a way of handling the product that goes beyond that permitted in paragraph 1.

Article 6. Exercise of the right of withdrawal by the Other Party and costs thereof.

1. If the Other Party wishes to exercise his right of withdrawal, he shall notify this within the withdrawal period of fourteen days by means of the model withdrawal form.
2. The Other Party will return the product as soon as possible, but within fourteen days from the day following the notification referred to in paragraph 1.
3. The Other Party returns the product with all delivered accessories and in accordance with the reasonable and clear instructions provided by the User.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Other Party.
5. The Other Party shall bear the direct costs of returning the product.

Article 7. Obligations of the User upon revocation.

1. Upon receipt of notification of revocation, the User shall send an acknowledgement of receipt without delay.
2. The User shall reimburse all payments made by the Other Party for the returned product, without delay but within 14 days following the day on which the Other Party notifies it of the withdrawal and provided that, if the product has not yet been received by the User, the Other Party can prove that it has returned the product.
3. The User shall use the same means of payment as the Other Party has used for repayment. The refund is free of charge for the Other Party.

Article 8. Exclusion of right of withdrawal.

The User may exclude the following products and services from the right of withdrawal:

1. Contracts concluded during an event or other type of event, where the products are offered by the User to the Other Party who is personally present and in this way has been able to fulfill his or her duty of investigation;
2. Products manufactured according to the specifications of the Other Party, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Other Party, or which are clearly intended for a specific person;
3. Sealed products that are not suitable to be returned for reasons of (animal) health protection or hygiene and of which the seal has been broken after delivery.

Article 9. Prices.

1. The prices applied by the User at the time the agreement is concluded shall apply, subject to price changes due to changes in VAT rates.
2. User is authorized to change the prices at any time. The amended prices shall apply from the moment they are introduced by the User.
3. The prices mentioned in the offer of products or services are inclusive of VAT.

Article 10. Performance of agreement and additional warranty

1. User guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

Article 11. Delivery and Performance.

1. The User will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the Other Party has made known to the User.
3. Subject to what is stated about this in Article 2 of these general terms and conditions, the User will execute accepted orders with convenient speed, but at the latest within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, if within the control of the User and not as a result of an error by a third party such as the carrier, or if an order cannot or can only be partially carried out, the Other Party will be informed of this no later than 30 days after he has placed the order. The Other Party in that case has the right to dissolve the agreement without cost.
4. After dissolution in accordance with the previous paragraph, the User will immediately refund the amount paid by the Other Party.
5. The risk of damage and/or loss of products rests with the User or third parties engaged by it until the time of delivery to the Other Party or a representative designated in advance and made known to the User, unless expressly agreed otherwise.

Article 12. Payment

1. The payment of the products must be made by iDEAL prepayment, or by post-payment through Klarna. In the latter case, the User reserves the right to charge additional administration costs of € 4.95 per order.
2. The payment of any paid services and only when the User has informed the Other Party in writing or verbally of the costs through an offer, must be made by bank transfer within 14 days after receipt of the invoice.
3. If an invoice is not paid within the payment period, the statutory (non-trade) interest shall be due.
4. If payment is not made even after the Other Party has received a demand for payment, all (extra)judicial collection costs will be due. These are at least 15% of the invoice amount, with a minimum of €250.
5. If an invoice is not paid within the payment term, User is entitled to suspend the execution of the agreement. User is not liable for any damage that the Other Party may suffer as a result of this suspension.
6. The Other Party shall not be entitled to set off the amount he owes to the User.
7. Any objections to the amount of the invoice do not suspend the payment obligation.

Article 13. Complaints

1. The User shall have a sufficiently publicized complaint procedure and shall handle the complaint in accordance with this complaint procedure.
2. The Other Party must report visible defects to the User within seven days after delivery, with a clear description of the defect, immediately followed by a written confirmation by email by the Other Party.
3. Other complaints about products and/or services must be reported to the User within seven days via email to info@horseadds.com, with a clear description of the complaint in question. After the aforementioned seven-day period, any claim against the User with respect to any defects in the products and/or services in question shall lapse.
4. The Other Party must give the User the opportunity to investigate the complaints (or have them investigated).
5. Only after prior written consent of the User, the Other Party will return the goods in the manner indicated by the User.
6. The timely complaint by the customer does not suspend his payment obligation. The customer is also in that case obliged to take delivery of and pay for the other items ordered.
7. If the Other Party claims a defect later than the period of seven days mentioned in paragraphs 2 and 3 of this article, the Other Party will no longer be entitled to repair, replacement or compensation.
8. In the following cases any claim will lapse:
- If a defect has arisen or results from injudicious or improper use; and/or
- Use after the best-before date; and/or
- Improper storage or maintenance; and/or
- When, without written permission from the User, changes have been made or attempted to be made to the product.
9. The Other Party may submit a dispute with the User to the Disputes Committee via the ODR platform, which can be accessed at: http://ec.europa.eu/consumers/odr/.

Article 14. Suspension and dissolution

1. User is entitled to suspend with immediate effect the fulfillment of its obligations or to dissolve the agreement, by written notice, in the following cases:
- if the Other Party does not, does not fully or does not timely fulfill the obligations under the agreement;
- in the event of, after the conclusion of the agreement, circumstances come to the User's knowledge that give him good reason to fear that the Other Party will not comply with his obligations;
- in the event that the Other Party, when concluding the agreement, was requested to provide security for the fulfilment of its obligations under the agreement and this security is not provided or is insufficient.
2. User is authorized to dissolve the agreement with immediate effect, by written notice, in the following cases:
- in case of circumstances of such a nature that compliance with the agreement is impossible or other circumstances arise of such a nature that the User cannot reasonably be required to maintain the agreement unaltered;
- if there is a delay on the part of the Other Party, as a result of which the User can no longer be required to fulfill the agreement against the original agreed conditions;
- in case of attachment at the Other Party's expense, which has not been lifted within three months;
3. Insofar as the Other Party: is placed under guardianship or administration, applies for a debt rescheduling arrangement or this arrangement becomes applicable to it, it is granted a moratorium on payments or it is declared bankrupt or an application/request for a moratorium or bankruptcy has been filed for it. In the event of suspension or dissolution, User shall never be obliged to compensate for any damage and/or costs incurred as a result thereof. In the event of an attributable failure on the part of the Other Party, the User will be entitled to full compensation, including the costs incurred as a result.

Article 15. Cancellation

1. Insofar as the Other Party fully or partially cancels an order that has been placed, the items ordered and/or already manufactured, plus any costs of supply, removal and delivery, as well as the working time reserved for the execution of the agreement, will be charged in full to the Other Party.

Article 16. Force Majeure

1. As force majeure for the User will be considered any failure in the execution of the agreement which cannot be attributed to the User, as it is not due to fault and is not for his account by virtue of law, legal act or generally accepted practice.
2. In addition to what follows in this respect from the law and case law, this shall also include all external causes, foreseen or unforeseen, over which the User cannot exercise any control, but which prevent the User from being able to meet his obligations, including (but not limited to) weather conditions (e.g. extreme rainfall or extreme temperatures), natural disasters/natural forces (e.g. earthquake or flooding), war situations, riots, transport congestion, strikes and/or staff shortages and/or interruption c.q. strike of the work and/or production process for whatever reason in the User's company or third parties. The aforementioned "external causes, foreseen or unforeseen, which are beyond the User's control" shall also be understood to mean if they occur at companies, persons or other organizations which the User engages for the purposes of executing the agreement, as well as in the event of default on the part of (one of) these parties or if (one of) these parties can invoke suspension or dissolution.
3. User may also invoke force majeure if the circumstance preventing (further) fulfillment of the agreement occurs only after User should have fulfilled its obligation.
4. In the event of force majeure within the meaning of this article, any shortcoming caused or related to it cannot be attributed to the User and the User shall not be liable for compensation.
5. If the User had already started executing the agreement prior to the occurrence of the force majeure situation, the Other Party shall owe the User the related costs or amounts without prejudice.
6. During the period of force majeure, the User may suspend its obligations under the agreement. To the extent that there is a period of more than three months, either party may dissolve the agreement without any obligation to pay damages to the other party.

Article 17. Retention of title

1. User retains ownership of all items delivered under the agreement, until the moment the Other Party has properly and completely fulfilled all obligations under the agreement(s) concluded with User.
2. The items referred to in paragraph 1 may not be resold, used as a means of payment, pledged or otherwise encumbered by the Other Party.
3. Insofar as third parties wish to seize the items referred to in paragraph 1 or wish to create or assert rights to them, the Other Party will immediately inform the User thereof.
4. If the User wishes to exercise the property right referred to in paragraph 1, the Other Party gives its unconditional and irrevocable permission in advance to the User, as well as to third parties to be designated by the User, to enter all those places where the items referred to in paragraph 1 are located and to take them back.

Article 18. Intellectual property

1. The User expressly reserves all rights and powers to which it is entitled under the Copyright Act and other laws and regulations relating to intellectual property. The Other Party acknowledges these rights and powers of the User and will not violate them or allow them to be violated in any way. These rights and powers remain exclusively with the User.
2. Insofar as no strictly confidential information of the Other Party is thereby brought to the attention of third parties, the User will be permitted to use the knowledge gained by the execution of an agreement on its side for other purposes as well.

Article 19. Liability

1. Only to the extent that User may be liable, such liability shall be limited to the provisions of this article.
2. User can only be held liable for direct damage. This will only be understood to mean: the reasonable costs incurred to determine the cause and scope of the damage, insofar as this determination relates to damage within the meaning of these general terms and conditions, any reasonable costs incurred to have the User's faulty performance comply with the agreement, but only insofar as they can be attributed to the User, and reasonable costs incurred to prevent or limit damage, but only insofar as the Other Party demonstrates that these costs led to the limitation of direct damage as referred to in these general terms and conditions.

Article 20. Applicable law

1. All legal relationships to which the User is a party shall be governed exclusively by Dutch law, even if an obligation is fully or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
2. Disputes shall be settled exclusively by the court in the User's place of business, unless a mandatory provision of law dictates otherwise. This is without prejudice to the User's right to bring the dispute before the court competent under the law or a competent foreign court.
3. The Dutch text of these general terms and conditions is always binding with regard to their content and interpretation.
These general terms and conditions will be sent free of charge on request.

Versie 1.1 Algemene Voorwaarden Nutrimal B.V. 20251000