Terms and conditions of Stride Saddlefitting

Art. 1. Identity of entrepreneur

Art. 2. Applicability

Art. 3. Definitions

Art. 4. Quotations and offers

Art. 5. The Agreement

Art. 6. Trial period

Art. 7. Suspension, dissolution and early termination of the agreement

Art. 8. Delivery times, delivery, returns

Art. 9. Repair and/or customization work

Art. 10. Prices and payment terms

Art. 11. Retention of title

Art. 12. Conformity and warranty

Art. 13. Liability

Art. 14. Force majeure

Art. 15. Temporary provision of saddle

Art. 16. Sale of consignment

Art. 17. Risk transfer

Art. 18. Complaints transport

Art. 19. Intellectual property

Art. 20. Website of the Contractor

Art. 21. Applicable law and disputes

Art. 22. Location and modification of terms and conditions

Art. 23. Validity of general terms and conditions

Art 1. Identity of entrepreneur

Stride Saddlefitting

Damastbloem 44, Breukelen, 3621RW

Chamber of Commerce number: 98306278

VAT number: NL 005323369B89

Art. 2. Applicability

2.1

These terms and conditions apply to every offer, quotation/order and agreement between the Client and the Contractor. The Contractor has declared these terms and conditions applicable insofar as these terms and conditions have not been expressly rejected in writing.

2.2

By giving an order or placing an order, the Client agrees to these terms and conditions.

2.3

These terms and conditions also apply to agreements with the Contractor, for the execution of which the Contractor must involve third parties.

2.4

If a situation arises between the Contractor and the Client that is not regulated in these general terms and conditions, the situation must be assessed in accordance with the spirit of these general terms and conditions.

2. 5

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or voidable, the rest of the provisions of these general terms and conditions will remain fully applicable. The Contractor and the Client will consult with the Contractor in order to agree on new provisions to replace the null and void/voidable provisions, whereby the purpose and purport of the original provision will be taken into account as much as possible.

2.6

If the Contractor does not require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply or that the Contractor would in any way lose the right to impose strict obligations in other cases. comply with the provisions of these Terms.

Art. 3. Definitions

3.1

In these general terms and conditions, the following definitions apply:

Contractor: Stride Saddlefitting
Client: Any natural or legal person who purchases products and/or services from the Contractor, or with whom the Contractor enters into an agreement or with whom the Contractor is negotiating the conclusion of an agreement.

The consumer: A counterparty who is a natural person and does not act in the course of a business or profession

Delivery: Actual transfer of possession to the client

Transfer of ownership: Saddles, harnesses, bridles and equestrian equipment intended for use on and with horses.

Art. 4. Quotations and offers

4.1

All quotations and offers from the Contractor are without obligation and have an acceptance period of 4 weeks, unless a different period for acceptance is stated in the quotation. A quotation or offer expires if the product to which the quotation or offer relates is no longer available in the meantime.

4.2

The Contractor cannot be held to its quotations or offers if the Client can reasonably understand that the quotations or offers, or a part thereof, contain an obvious mistake or clerical error.

4.3

The prices stated in a quotation or offer include VAT and other government levies as well as any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administration costs, unless otherwise indicated.

4.4

If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or the offer, the contractor is not bound by it. In that case, the agreement will not be concluded in accordance with this deviating acceptance, unless the contractor indicates otherwise.

4.5

A composite quotation does not oblige the contractor to perform part of the assignment at a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.

Art. 5. The Agreement

5.1

An agreement is understood to mean the order of a certain product or service. After completion of the ordered service or delivery of the product, the agreement is in principle considered to have been terminated. A new agreement is entered into between the Contractor and the Client as soon as the Client places a new order, unless the Client terminates the cooperation with the Client with immediate effect

5.2

If a deadline has been agreed or specified for the completion of certain work or for the delivery of certain items, this is never a strict deadline. If a term is exceeded, the Client must therefore give the Contractor written notice of default. The Contractor must be given a reasonable period of time to implement the agreement.

5.3

If the Contractor requires information from the Client for the execution of the agreement, the execution period will not commence until the Client has made it available to the Contractor correctly and completely.

5.4

Delivery takes place ex company of the Contractor. The Client is obliged to take delivery of the goods at the time they are made available to him. If the Client refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, the Contractor is entitled to store the goods at the expense and risk of the Client.

5.5

The Contractor has the right to have certain activities carried out by third parties.

5.6

Additions and amendments to an agreement are only binding on the Contractor insofar as they have been confirmed in writing by the Contractor. Without defaulting, the Contractor may refuse a request to amend the agreement if this could have qualitative and/or quantitative consequences, for example for the work to be performed or goods to be delivered in that context.

5.7

If the Client fails to properly comply with what it is obliged to do towards the Contractor, the Client will be liable for all damage (including costs) on the part of the Contractor that arise directly or indirectly as a result.

5.8

The Contractor reserves the right to impose conditions on the delivery of certain products and services. Particular mention is made of the saddles designed and supplied by the Contractor for which strict purchase and sale rules apply, which the Client has agreed to when entering into the agreement (order).

Art.6. Trial period

6.1

For the Client, solely in the capacity of Consumer, the offer will also include a trial period of fourteen (14) days, commencing on the day of receipt by or on behalf of the Consumer.

6.2

During the trial period, the Consumer has a right of withdrawal, whereby he has the possibility to return the goods received, or to indicate that the offered services will not be used, without any obligation on his part, other than in return for the direct costs of return and the costs of any service provided (such as a saddle fitting consultation). The Contractor reserves the right to deduct these costs from the amount already paid, or if payment has not yet been made, to hold the Consumer to its payment obligation for the costs incurred.

6.3

Reliance on the trial period is expressly excluded for consumables, sealed products, products that have been put into use, goods that have been manufactured according to the Consumer's specifications (custom-made), or that have a clear personal character.

6.4

The Consumer can only invoke the trial period in writing.

6.5

The goods can only be returned after prior consultation by the Contractor and with due observance of the return conditions provided by the Contractor on request.

Art.7. Suspension, dissolution and early termination of the agreement

7.1

The Contractor is entitled to suspend the fulfilment of the obligations or to dissolve the agreement immediately and with immediate effect if:– The Client does not fulfil the obligations under the agreement, or does not do so in full or on time;– Circumstances arise which are of such a nature that the fulfilment of the agreement is impossible or cannot reasonably be expected of the Contractor to maintain the agreement unchanged.

7.2

If the dissolution is attributable to the Client, the Contractor is entitled to compensate the damage, including the costs incurred directly and indirectly, as a result.

7.3

If the agreement is dissolved, the Contractor's claims against the Client are immediately due and payable. If the contractor suspends the fulfilment of the obligations, he retains his claims under the law and agreement.

7.4

If the Contractor proceeds to suspend or dissolve on the grounds referred to in this article, it is in no way obliged to compensate for damage and costs arising therefrom in any way or compensation, while the Client, on account of breach of contract, is obliged to pay compensation or compensation.

7.5

If the agreement is terminated prematurely by the Contractor, the Contractor, in consultation with the Client, will arrange for the transfer of work to be performed to third parties. This is unless the termination is attributable to the client. Unless the interim termination is attributable to the Contractor, the costs of transfer will be charged to the Client. The Contractor will inform the Client in advance as much as possible of the extent of these costs. The Client is obliged to pay these costs within the period specified by the Contractor, unless the Contractor indicates otherwise.

7.6

In the event of liquidation, suspension of payments or bankruptcy or application for suspension of payments, attachment – if and insofar as the attachment has not been lifted within three months – at the expense of the Client, debt rescheduling or any other circumstance as a result of which the Client can no longer freely dispose of its assets, the Contractor is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or indemnity. In that case, the Contractor's claims against the Client are immediately due and payable.

7.7

If the Client cancels an order placed in whole or in part, the goods ordered or prepared for this purpose, plus any supply, removal and delivery costs thereof and the working time reserved for the execution of the agreement, will be charged in full to the Client.

Art. 8. Delivery times, delivery, returns

8.1

When concluding the agreement, the contractor will notify the client of the delivery times.

8.2

This delivery time is an indication and not a deadline. If a deadline is exceeded, the Client must therefore give the Contractor written notice of default. The contractor must be given a reasonable period of time to implement the agreement.

8.3

If, during the delivery of the harness, it appears that it is necessary to change matters in the harness, the parties will proceed to amend the agreement in a timely manner and in mutual consultation. As a result, the amount originally agreed can be increased or decreased. The contractor will provide a quotation in advance as much as possible. An amendment to the agreement may change the originally specified term of execution. The Client accepts the possibility of amending the agreement, including the change in price and term of performance

8.4

If the agreement is amended, including an addition, the Contractor is entitled to implement it only after both parties have agreed to this. Failure to perform the amended agreement or not to perform it immediately does not constitute breach of contract on the part of the contractor and is not a ground for the client to terminate the agreement.

8.5

Without defaulting, the Contractor may refuse a request to amend the agreement if this could have a qualitative impact on the harness to be delivered.

8.6

If the Client fails to properly comply with what it is obliged to do towards the Contractor, the Client will be liable for all damage (including costs) on the part of the Contractor that arise directly or indirectly as a result.

8.7

If the Contractor agrees on a certain price when concluding the agreement, the Contractor is nevertheless entitled to increase the price in the following circumstances, even if the price was not originally stated with reservations.– If the price increase is the result of an amendment to the agreement;– if the price increase results from an authority vested in the Contractor or an obligation incumbent on the Contractor pursuant to the law;– In other cases, on the understanding that the client who is not acting in the exercise of a profession or business, the client is entitled to dissolve the agreement by means of a written statement if the price increase exceeds 10% and takes place within three months after the conclusion of the agreement, unless the contractor is then still prepared to perform the agreement on the basis of the originally agreed, or if it has been stipulated that the delivery will take place more than three months after the purchase.

8.8

The Contractor reserves the right to refuse returns or to credit only part of the amount if there is a suspicion that the item has already been used or has been damaged by fault other than that of the Contractor or Supplier.

Art.9. Repair and/or customization work

9.1

Repair and custom-made work that is not covered by the warranty provisions is at the expense and risk of the Client. The Contractor is not liable for damage to the Client's property that is the result of or related to the performance of repair and custom-made work.

9.2

If the Client does not collect the repaired goods within 12 months of completion of them in return for payment of the repair and any additional costs, the repaired goods will become the property of the Contractor and the Client will relinquish any form of ownership.

Art.10. Prices and payment terms

10.1

Payment must be made within 30 days of the invoice date to a bank account or cash payment designated by the Contractor. The payment date is the value date on the statement then the Contractor. Payment must be made in the currency in which the invoice was issued, unless otherwise indicated in writing by the Contractor.

10.2

If the Client fails to pay the invoice on time, the Client will be in default by operation of law. In that case, the client owes interest equal to the statutory interest. The interest on the amount due and payable will be calculated from the moment that the Client is in default until the moment of payment of the full amount due.

10.3

If the Client does not pay within the specified period, the Contractor retains the right to pay the claim with € 25.00 excl. VAT for administration costs.

10.4

The rates stated on the website at the time of entering into the agreement are used.

10.5

The Contractor reserves the right to invoice a deposit of 50% of the total assignment to the Client before the Contractor will carry out the assignment.

10.6

Objections to the amount of the invoice do not suspend the payment obligation.

10.7

The Client is never entitled to set off the amount it owes to the Contractor.

10.8

If the Client is in default or in default in the (timely) fulfilment of its obligations, all reasonable costs incurred to obtain payment out of court will be borne by the Client. The extrajudicial costs are calculated on the basis of what is customary in Dutch debt collection practice. However, if the Contractor has incurred higher collection costs that were reasonably necessary, the actual costs incurred will be eligible for reimbursement. Any judicial and enforcement costs incurred will also be recovered from the Client. The Client also owes interest on the collection costs due.

Art. 11. Retention of title

11.1

All goods delivered by the Contractor in the context of the agreement remain the property of the Contractor until the Client has properly fulfilled all obligations under the agreement(s) concluded with the Contractor.

11.2

Goods supplied by the contractor which, pursuant to paragraph 1. Fall under the retention of title may not be resold and may never be used as a means of payment. The client is not authorised to pledge or encumber the goods covered by the retention of title in any other way.

11.3

The Client must always do everything that can reasonably be expected of it to safeguard the Contractor's property rights.

11.4

If third parties seize the goods delivered subject to retention of title or wish to establish or assert rights to them, the Client is obliged to inform the Contractor of this immediately.

11.5

The Client undertakes to insure and keep insured the harness delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to the Contractor on first request. In the event of any payment of the insurance, the contractor is entitled to these tokens.

11.6

In the event that the Contractor wishes to exercise its property rights referred to in this article, the Client shall give unconditional and irrevocable permission in advance to the Contractor and third parties to be designated by the Contractor to enter all those places where the Contractor's property is located and to take back those items.

Art. 12. Conformity and warranty

12.1

The Contractor guarantees that the harness complies with the stated specifications and does not conflict with existing legal provisions and/or government regulations as known on the date of conclusion of the agreement. The contractor also guarantees that the harness has those properties that, taking all circumstances into account, are necessary for normal use, sound and usable, as well as for a special use insofar as this has been agreed.

12.2

Horses can change shape. The contractor can never guarantee that a harness that is properly fitted upon delivery will always fit. It is possible that a well-fitting harness after a few months no longer has the same position on the horse for which it was measured. The contractor is never responsible for major changes in nutrition, training, diseases and administration of supplements, which cause changes in the position of a harness. The warranty provisions therefore only apply to form and manufacturing defects.

12.3

The client declares to be aware that 100% guarantee and success cannot be given by the contractor and the client accepts that this may be due to:

– The difference in expectations of the client and the technical possibilities of the harness, the possibilities of the contractor and the possibilities, qualities and talents of the horse and the client.

– That what the rider feels (rider feeling) is not measurable, is difficult to describe and personal and cannot be influenced by the contractor or can only be influenced to a limited extent.

– That the behaviour of a horse is unpredictable and unpredictable due to any change. And that it is difficult for a horse to indicate what or who the cause of this is.

– That circumstances and changes in horse and rider can have negative consequences on the functioning of the harness, which are beyond the control of the contractor.

12.4

Warranty on harness includes the following:

– Material defects

– Manufacturing defects

– Design defects

– Incorrect materials

12.5

The client is entitled to a warranty if the harness has a technical defect or defects, as a result of which the harness is less usable for the purpose for which it was purchased. Warranty claims can be made after written notification within 14 days of the defect occurring. To solve the problem that has been registered for warranty, the contractor has the choice of replacing or repairing the harness. Replacement or repair is done under the conditions that the receipt of purchase is attached, the harness belongs to the first owner and the harness has been used in a way for which it was designed and sold and has been used on the horse for which the harness was delivered. In the event of replacement, the Client is obliged to return the replaced item to the Contractor and to provide ownership of it to the Contractor, unless the Contractor indicates otherwise.

12.6

Any form of warranty will lapse if a defect has arisen as a result of or results from improper or improper use, improper storage or improper maintenance and if, without the written consent of the Contractor, the Client or third parties have made or attempted to make changes to the item, other items have been attached to it that do not need to be attached to it or if they have been processed in a manner other than the prescribed manner. The Client is also not entitled to a warranty claim if the defect has arisen due to or is the result of circumstances beyond the Contractor's control, including weather conditions (such as, but not limited to, extreme rainfall or temperatures).

12.7

The client is obliged to examine the harness (or have it examined) immediately at the time the harness is made available to him. In doing so, the client must investigate whether the quality and/or quantity of the delivered goods corresponds to what has been agreed and meets the requirements that the parties have agreed upon in this regard. The Client must give the Contractor the opportunity to investigate a complaint or have it investigated.

12.8

If the client submits a complaint in time, this does not suspend his payment obligation. In that case, the client will also remain obliged to purchase and pay for any other harness ordered.

12.9

If the warranty provided by the contractor relates to an item produced by a third party, the warranty is limited to that provided by the manufacturer of the item for it, unless otherwise stated. After the warranty period has expired, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the client.

12.10

If a defect is reported at a later date, the client will no longer be entitled to repair, replacement or compensation, unless a longer period results from the nature of the item or the other circumstances of the case.

12.11

If it is established that a complaint is unfounded, the costs incurred as a result, including the investigation costs incurred on the part of the contractor as a result, will be borne in full by the client.

Art. 13. Liability

13.1

If the contractor is liable, this liability is limited to what is provided for in this provision.

13.2

The Contractor is not liable for damage, of whatever nature, caused by the fact that the Contractor has relied on incorrect and/or incomplete information provided by or on behalf of the Client.

13.3

The Contractor is only liable for direct damage.

13.4

Direct damage is exclusively understood to mean:

– the reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions;

– any reasonable costs incurred to ensure that the Contractor's defective performance complies with the agreement, insofar as these can be attributed to the Contractor;

– reasonable costs, to prevent or limit damage, insofar as the Client demonstrates that these costs have led to the limitation of direct damage as referred to in these General Terms and Conditions.

13.5

The Contractor is never liable for indirect damage, including consequential damage, loss of profit, lost savings and damage due to business or other types of stagnation. In the case of consumer sales, this restriction does not extend beyond that permitted under Article 7:24(2) of the Dutch Civil Code.

13.6

The Contractor's liability is in any case always limited to the amount of the payment from its insurer, if any.

13.7

The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the Contractor.

Art. 14. Overpower

14.1

The Contractor is not obliged to fulfil any obligation towards the Client if it is prevented from doing so as a result of a circumstance that is not attributable to fault, and is not for its account under the law, a legal act or generally accepted practice.

14.2

In addition to what is understood in this regard by law and case law, force majeure in these general terms and conditions is understood to mean all external causes, foreseen or unforeseen, over which the Contractor has no influence, but as a result of which the Contractor is unable to fulfil its obligations. Including strikes in the Contractor's company or third parties. The Contractor also has the right to invoke force majeure if the circumstance that prevents (further) compliance with the agreement occurs after the Contractor should have fulfilled its obligation.

14.3

The Contractor may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without being obliged to compensate the other party for damages.

14.4

Insofar as the Contractor has already partially fulfilled its obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfil them, and the part that has been fulfilled or is to be fulfilled has independent value, the Contractor is entitled to invoice the part already fulfilled or to be fulfilled separately. The Client is obliged to pay this invoice as if it were a separate agreement.

Art. 15. Temporary provision of a saddle or other goods supplied by the user

15.1

The saddle is and remains the property of the contractor until it has been paid in full.

15.2

Payments must be made according to a payment schedule, to be determined and signed when the saddle is issued.

15.3

The client must take care of the saddle, it may only show traces of normal use until it has been paid in full.

15.4

If the client does not meet his/her obligations on time, the contractor may reclaim the saddle immediately.

15.5

If the saddle is not paid for and is not returned, the contractor is authorized to charge a retrieval fee of €200.

15.6

In the event of loss, damage or theft, the Client must compensate the Contractor.

Art. 16. Sale on consignment

When the client wishes to sell a saddle on consignment, a minimum sales price is agreed in writing.

16.1

During the duration of the sale on consignment, the saddle remains the property of the client.

16.2

The Contractor undertakes to make every effort to find a buyer for the saddle given on consignment. The Contractor is not permitted, without the written permission of the provider or his authorised representative, to transfer all or part of the rights arising from this agreement, nor to give the saddle itself on consignment to a third party.

16.3

The ownership is transferred at the time of sale. The sale of the saddle takes place at the time of concluding the purchase between the contractor and the purchaser of the saddle or at the moment the contractor decides to buy the saddle without having found a buyer.

16.4

The contractor must keep the saddle as a good family man. The contractor may not use the saddle for his own use during safekeeping. However, the consignee may use the saddle for fitting and trying on by a potential buyer.

16.5

The Contractor may use the saddle for promotional purposes, for example advertisements or during a promotional activity such as a sales event.

16.6

In the event of termination of the consignment agreement by the Client, the Client must collect the saddle from the Contractor within 14 days, unless otherwise agreed. The place and time of transfer is mutually determined.

16.7

After the sale of the saddle, the contractor will ensure that the agreed sales amount is paid to the client.

Art. 17. Risk Transition

17.1

The risk of loss, damage or depreciation passes to the client at the moment that goods are brought into the control of the client.

Art. 18. Transport Advertisements

18.1

Complaints only concern complaints about damage to the packaging of goods sent or the absence of packages that are listed on the carrier's sign-off list.

18.2

The Client is obliged to check each shipment for damage or incompleteness immediately upon delivery and to report any defect immediately to the carrier and the Contractor. If the damage or missing packages are found after delivery, this must be reported to the carrier within a period of three (3) days, stating the delivery and invoice number.

18.3

After signing for receipt, the Client is deemed to have approved the shipment.

Art. 19. Intellectual property

19.1

The Contractor reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual laws and regulations.

19.2

The Contractor is entitled to use the knowledge gained on its side as a result of the performance of an agreement for other purposes as well, insofar as this does not bring strictly confidential information of the Client to the knowledge of third parties.

19.3

All documents provided by the Contractor may not be disclosed by the Client or brought to the attention of third parties without the prior written consent of the Contractor, unless the nature of the documents provided dictates otherwise.

Art. 20. Website contractor

20.1

However, inaccuracies may occur as a result of human error or technical failures.

20.2

The Contractor has no control over the third-party site(s) to which the User site(s) refer. The Contractor accepts no liability for inaccuracies and incorrect information as displayed on this site(s).

20.3

No part of the text or graphics of User's site(s) may be reproduced and/or published and/or used in any form or in any way without the prior written permission of User.

20.4

The User strives to ensure that information on its website(s) is correct and up-to-date.

Art. 21. Governing Law and Disputes

21.1

All legal relationships to which the contractor is a party are exclusively governed by Dutch law, even if an obligation is performed in whole or in part abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.

21.2

The parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.

21.3

All disputes arising from or in connection with the agreement to which these terms and conditions apply or the terms and conditions themselves and its performance will be settled by the competent court in the Contractor's place of residence, unless otherwise agreed.

Art. 22. Location and modification of conditions

22.1

These terms and conditions have been filed with the Chamber of Commerce under number

22.2

The most recently filed version or the version as it applied at the time of the conclusion of the agreement between the Client and the Contractor always applies.

22.3

The Dutch text of the general terms and conditions is always decisive for their interpretation.

Art. 23. Validity of general terms and conditions

23.1

If a provision of these general terms and conditions is null and void or voidable, this does not affect the other provisions of these general terms and conditions.