In these terms and conditions, the following definitions apply:

1. Ancillary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, and these items, digital content and/or services are supplied by the trader or by a third party under an arrangement between that third party and the trader;

2. Withdrawal period: the period within which the consumer may exercise their right of withdrawal;

3. Consumer: a natural person who does not act for purposes related to their trade, business, craft or profession;

4. Day: calendar day;

5. Digital content: data produced and supplied in digital form;

6. Contract for ongoing services: a contract for the regular supply of goods, services and/or digital content over a specified period;

7. Durable medium: any tool - including email - that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;

8. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the withdrawal period;

9. Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;

10. Distance contract: a contract concluded between the trader and the consumer within an organized system for the distance sale of products, digital content and/or services, where, up to and including the conclusion of the contract, one or more means of distance communication are used exclusively or in part;

11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;

12. Means of distance communication: a means that can be used to conclude a contract without the consumer and trader having to be together in the same place at the same time.

Business name: Lando Equine Europe B.V.
Trading name(s): MHS Equestrian 
Business address: Broekerveld 1, Bornerbroek
Telephone number: 0031(0)853032656
Availability: Monday to Friday, from 09:00 to 17:00
Email address: info@lando-equine.com
Chamber of Commerce number: 90107381
VAT number: NL865211759B01

1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, where the general terms and conditions can be inspected at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.

3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge, upon the consumer’s request, electronically or by other means.

4. If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.

1. If an offer is valid for a limited period or is subject to conditions, this will be expressly stated in the offer.

2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, they must be a faithful representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

3. Each offer contains enough information to make clear to the consumer what rights and obligations are attached to accepting the offer.

1. Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the conditions set for it.

2. If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically. Until the trader has confirmed receipt of this acceptance, the consumer may terminate the agreement.

3. If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.

4. Within the limits of the law, the trader may ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the trader has good reason not to enter into the agreement, the trader is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.

5. No later than when the product, service or digital content is delivered to the consumer, the trader shall provide the following information in writing or in such a way that the consumer can store it accessibly on a durable medium:

a. the visiting address of the trader's place of business where the consumer can submit complaints;

b. the conditions and procedure for exercising the right of withdrawal, or a clear statement that the right of withdrawal is excluded;

c. information about warranties and existing after-sales service;

d. the price of the product, service or digital content, including all taxes; where applicable, delivery costs; and the method of payment, delivery or performance of the distance contract;

e. the requirements for terminating the agreement if it is for a term of more than one year or for an indefinite term;

f. if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

For products:

1. The consumer may cancel an agreement relating to the purchase of a product during a cooling-off period of 30 days without giving any reason. The trader may ask the consumer for the reason for cancelling, but may not require the consumer to state their reason(s).

2. The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, receives the product, or:

a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, receives the last product. The trader may refuse an order for several products with different delivery times, provided that the trader has clearly informed the consumer of this before the ordering process.

b. if a product is delivered in several shipments or parts: the day on which the consumer, or a third party designated by them, receives the last shipment or part;

c. for agreements involving the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, receives the first product.

For services and digital content not supplied on a tangible medium:

3. The consumer may cancel a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a period of 30 days without giving any reason. The trader may ask the consumer for the reason for cancelling, but may not require the consumer to state their reason(s).

4. The cooling-off period referred to in paragraph 3 begins on the day after the agreement is concluded.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium if the consumer has not been informed about the right to cancel:

5. If the trader has not provided the consumer with the legally required information about the right to cancel or the model cancellation form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.

6. If the trader provides the consumer with the information referred to in the preceding paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 30 days after the day on which the consumer received that information.

1. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning. The guiding principle is that the consumer may handle and inspect the product only as they would be allowed to in a shop.

2. The consumer is liable only for any reduction in the product’s value resulting from handling the product in a manner that goes beyond what is permitted under paragraph 1.

3. The consumer is not liable for any reduction in the product’s value if the trader did not provide them with all legally required information about the right of withdrawal before or when the contract was concluded.

1. If the consumer exercises their right of withdrawal, they must notify the trader within the cooling-off period using the model withdrawal form or by other unequivocal means.

2. As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to the trader (or the trader’s authorised representative). This is not required if the trader has offered to collect the product themselves. In any event, the consumer has met the return deadline if they return the product before the cooling-off period has expired.

3. The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.

4. The consumer bears the risk and burden of proof for the proper and timely exercise of the right of withdrawal.

5. The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader agrees to bear the costs themselves, the consumer does not have to bear the return costs.

6. If the consumer withdraws after first expressly requesting that performance of the service or supply of gas, water or electricity that is not prepared for sale in a limited volume or a specific quantity begin during the cooling-off period, the consumer owes the trader an amount proportional to the part of the obligation fulfilled by the trader at the time of withdrawal, compared with full performance of the obligation.

7. The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:

a. the trader did not provide the consumer with the legally required information about the right of withdrawal, reimbursement of costs in the event of withdrawal, or the model withdrawal form; or

b. the consumer did not expressly request that performance of the service or supply of gas, water, electricity or district heating begin during the cooling-off period.

8. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

a. they did not expressly consent, before delivery, to the performance of the agreement beginning before the cooling-off period ends;

b. they did not acknowledge that they would lose their right of withdrawal upon giving their consent; or

c. the trader failed to confirm the consumer’s statement.

9. If the consumer exercises their right of withdrawal, all supplementary agreements are automatically dissolved.

1. If the trader allows the consumer to submit the withdrawal notice electronically, the trader will immediately send an acknowledgment of receipt after receiving the notice.

2. The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and within 14 days of the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product, the trader may wait to make the refund until they have received the product or until the consumer has provided proof that they have returned the product, whichever occurs first.

3. The trader will use the same payment method for the refund as the consumer used, unless the consumer agrees to another method. The refund will be free of charge to the consumer.

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this when making the offer, or at least in good time before the contract is concluded:

1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period

2. Contracts concluded at a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and the successful bidder is obliged to purchase the products, digital content and/or services;

3. Service contracts, after the service has been fully performed, but only if:

a. performance has begun with the consumer’s express prior consent; and

b. the consumer has declared that they will lose their right of withdrawal once the trader has fully performed the contract;

4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;

5. Service contracts for the provision of accommodation, where the contract specifies a particular date or period of performance and the accommodation is not for residential purposes, as well as contracts for the carriage of goods, car rental services and catering;

6. Contracts relating to leisure activities, where the contract specifies a particular date or period of performance;

7. Products made to the consumer’s specifications, which are not prefabricated and are made on the basis of the consumer’s individual choice or decision, or are clearly intended for a specific person;

8. Products that spoil quickly or have a limited shelf life;

9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

10. Products that, after delivery, are irreversibly mixed with other products by their nature;

11. Alcoholic beverages whose price was agreed upon when the contract was concluded, but which can only be delivered after 30 days and whose actual value depends on market fluctuations over which the trader has no influence;

12. Sealed audio or video recordings and computer software, where the seal has been broken after delivery;

13. Newspapers, periodicals or magazines, except for subscriptions to them;

14. The supply of digital content other than on a physical medium, but only if:

a. performance has begun with the consumer’s express prior consent; and

b. the consumer has declared that they thereby waive their right of withdrawal.

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

2. By way of exception to the previous paragraph, the trader may offer products or services with variable prices if their prices are subject to fluctuations on the financial market over which the trader has no influence. This connection to fluctuations and the fact that any prices stated are indicative prices will be mentioned in the offer.

3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are permitted only if the trader has stipulated this and:

a. they result from statutory regulations or provisions; or

b. the consumer is entitled to terminate the agreement effective from the day on which the price increase takes effect.

5. The prices stated in the offer for products or services include VAT.

1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the trader also guarantees that the product is suitable for purposes other than normal use.

2. Any additional guarantee provided by the trader, its supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer may assert against the trader under the agreement if the trader has failed to fulfil its part of the agreement.

3. An additional guarantee means any undertaking by the trader, its supplier, importer or producer granting the consumer certain rights or claims that go beyond those it is legally required to provide if it has failed to fulfil its part of the agreement.

1. The entrepreneur will exercise the utmost care when receiving and processing orders for products and when assessing requests for services.

2. The delivery address is the address provided by the consumer to the entrepreneur.

3. Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur will process accepted orders promptly and no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without charge and to receive any applicable compensation.

4. Following termination in accordance with the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.

5. The entrepreneur bears the risk of damage to and/or loss of products until they are delivered to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

6. If the customer has given the carrier (for example, DPD) permission to leave the package (to deliver the package without a signature at a location designated by the customer), the risk of loss, theft or damage to the package passes to the customer once the carrier has delivered the package to the specified location. From that moment on, Minihorseshop is not liable for loss or damage.

Cancellation:

1. The consumer may cancel an agreement concluded for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.

2. The consumer may cancel an agreement concluded for a fixed period that provides for the regular delivery of products (including electricity) or services at any time, effective at the end of the fixed term, subject to the agreed cancellation rules and a notice period of no more than one month.

3. The consumer may:

a. cancel the agreements referred to in the preceding paragraphs at any time, without being restricted to cancellation on a specific date or during a specific period;

b. cancel them at least in the same way as they were entered into;

c. always cancel them with the same notice period as the trader has stipulated for itself.

Renewal:

4. An agreement concluded for a fixed period that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

5. By way of exception to the preceding paragraph, an agreement concluded for a fixed period that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer can cancel the extended agreement at the end of the extension with a notice period of no more than one month.

6. An agreement concluded for a fixed period that provides for the regular delivery of products or services may be tacitly extended for an indefinite period only if the consumer may cancel it at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement provides for the regular delivery of daily, news and weekly newspapers and magazines, but less than once a month.

7. An agreement for a limited period providing for the regular delivery of daily, news and weekly newspapers and magazines for familiarization purposes (trial or introductory subscription) is not tacitly continued and ends automatically when the trial or introductory period expires.

Term:

8. If an agreement has a term of more than one year, the consumer may cancel it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude cancellation before the end of the agreed term.

1. Unless otherwise specified in the agreement or additional terms and conditions, amounts payable by the consumer must be paid within 14 days after the cooling-off period begins, or, if there is no cooling-off period, within 14 days after the agreement is concluded. In the case of an agreement for the provision of a service, this period begins on the day after the consumer receives confirmation of the agreement.

2. When selling products to consumers, the consumer may never be required under general terms and conditions to pay more than 50% in advance. If advance payment has been agreed, the consumer may not assert any rights concerning the performance of the relevant order or service(s) until the agreed advance payment has been made.

3. The consumer is obliged to report any inaccuracies in the payment details provided or stated to the trader without delay.

4. If the consumer fails to meet their payment obligation(s) on time, then, after being notified by the trader of the late payment and given a 14-day period to meet their payment obligations, if payment is still not made within this 14-day period, the consumer will owe statutory interest on the outstanding amount, and the trader is entitled to charge the extrajudicial collection costs incurred. These collection costs are capped at: 15% on outstanding amounts up to € 2.500,=; 10% on the next € 2.500,= and 5% on the next € 5.000,=, with a minimum of € 40,=. The trader may deviate from the stated amounts and percentages in the consumer’s favor.

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

4. A complaint about a product, service or the entrepreneur's service can also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website. The complaint will then be sent to both the relevant entrepreneur and Thuiswinkel.org.

5. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months of its submission, a dispute arises that may be referred to the dispute resolution procedure.

6. Are you dissatisfied with how your complaint was handled? You can refer it to the Thuiswinkel Disputes Committee, Postbus 90600, 2509 LP The Hague (www.sgc.nl). You can also refer your complaint to the Disputes Committee via the European ODR Platform (http://ec.europa.eu/consumers/odr/)

1. Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

2. Disputes between the consumer and the trader concerning the conclusion or performance of agreements relating to products and services to be supplied or supplied by this trader may, subject to the provisions below, be referred by either the consumer or the trader to the Thuiswinkel Disputes Committee, Postbus 90600, 2509 LP The Hague (www.sgc.nl).

3. The Disputes Committee will consider a dispute only if the consumer first submitted their complaint to the trader within a reasonable time.

4. If the complaint does not lead to a resolution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee no later than 12 months after the date on which the consumer lodged the complaint with the trader. 

5. If the consumer wishes to refer a dispute to the Disputes Committee, the trader is bound by this choice. If the trader wishes to do so, the consumer must state in writing, within five weeks of receiving a written request to that effect from the trader, whether they also wish to do so or whether they wish to have the dispute heard by the competent court. If the trader does not receive the consumer’s choice within the five-week period, the trader is entitled to refer the dispute to the competent court.

6. If the trader wishes to refer a dispute to the Disputes Committee, the consumer must state in writing, within five weeks of receiving a written request to that effect from the trader, whether they also wish to do so or instead wish to have the dispute heard by the court with jurisdiction. If the trader does not receive the consumer’s choice within the five-week period, the trader is entitled to refer the dispute to the court with jurisdiction. 

7. The Disputes Committee issues its decision under the conditions set out in the Disputes Committee’s rules (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The Disputes Committee’s decisions are issued as binding advice.

8. The Disputes Committee will not consider a dispute or will discontinue its consideration if the trader has been granted a suspension of payments, has been declared bankrupt, or has actually ceased its business activities before the committee has heard the dispute at a hearing and issued a final decision.

9. If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee or one affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Thuiswinkel Disputes Committee is preferred for disputes primarily concerning the method of remote sales or service provision. The other recognized disputes committee affiliated with SGC or Kifid has jurisdiction over all other disputes.

1. Thuiswinkel.org guarantees that its members will comply with binding decisions issued by the Thuiswinkel Disputes Committee, unless the member decides to submit the binding decision to the court for review within two months of it being sent. This guarantee will be reinstated if the binding decision remains in force after review by the court and the judgment confirming this has become final. Thuiswinkel.org will pay the consumer up to a maximum of €10,000 per binding decision. For amounts exceeding €10,000 per binding decision, €10,000 will be paid. For any amount above this, Thuiswinkel.org is obliged to make every effort to ensure that the member complies with the binding decision.

2. To benefit from this guarantee, the consumer must submit a written claim to Thuiswinkel.org and assign their claim against the business to Thuiswinkel.org. If the claim against the business exceeds €10,000, the consumer will be offered the option of assigning the portion of their claim exceeding €10,000 to Thuiswinkel.org, after which the organization will seek payment of that amount through legal proceedings in its own name and at its own expense, for the benefit of the consumer.

Additional provisions or provisions that deviate from these general terms and conditions must not be to the detriment of the consumer and must be set down in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

1. MHS Ruitersport will not amend these general terms and conditions except in consultation with the Consumers’ Association.

2. Amendments to these terms and conditions will only take effect once they have been published in the appropriate manner, provided that, where applicable amendments are made during the term of an offer, the provision most favorable to the consumer will prevail.

MHS Ruitersport (trade name of Lando Equine Europe B.V.)
www.minihorseshop.nl
Gildestraat 31
7622 AZ Borne (NL) 

(Complete and return this form only if you wish to withdraw from the agreement)

a. To: [trader's name]

[trader's geographical address]

[trader's email address or electronic address]

 

b. I/We* hereby notify you that I/we* withdraw from my/our* agreement concerning

the sale of the following products: [product description]*

the supply of the following digital content: [digital content description]*

the provision of the following service: [service description]*,

withdraws/withdraw*

 

c. Ordered on*/received on* [date of order for services or date of receipt for products]

d. [Name of consumer(s)]

e. [Address of consumer(s)]

f. [Signature of consumer(s)] (only if this form is submitted on paper)

* Delete as applicable or complete as applicable.