General Terms and Conditions
Contract Partner
On the basis of these general terms and conditions (GTC) between the customer, the seller and Quinta El Jinete S.L. as intermediary, represented by Carola Werhahn and/or Jan Krakowski Address: Apartado de Correos 122, Finca Alqueria, E-29649 La Cala de Mijas, Spain Tel: 0034629848876 Tel: 0034676330595 Email address:
eljinete@andalusier.com Commercial register: Spain VAT number: ES-B92457019, hereinafter referred to as the provider, the contract is concluded.
Subject of the contract
This contract regulates the horse sales services.
Conclusion oft he Contract
· The contract for the purchase of a horse is concluded in electronic commerce via means of long-distance communication such as telephone, WhatsApp and e-mail and/or by personally signing an original contract. The offers presented represent a non-binding invitation to submit an offer through the customer order, which the provider / seller can then accept. The ordering process for the conclusion of the contract includes the following steps:· Sending an inquiry or email / call or WhatsApp to the provider· Confirmation email or WhatsApp that request has been received· Pre-selection by email and/or telephone/WhatsApp with subsequent optional personal inspection of the horse/horses· Binding appointment with the provider regarding a viewing appointment· Selection of the offer in the desired specification (horse selection) either by viewing and trying out or via means of long-distance communication such as telephone and e-mail.
· Riding and personal assessment of the horses is at your own risk, and appropriate clothing and footwear for horseback riding is recommended. Helmets are compulsory for riders up to the age of 18, all other riders are recommended to wear a riding helmet. For the service of the accompaniment by the agent or a person organized by the agent, a service fee between € 30 and € 100 / day depending on the time and effort and by arrangement is charged.
· Decision for a certain horse or several horses.· • Price agreement: the prices given are final prices and can only be negotiated in rare cases. The provider endeavors to make the final prices as customer-friendly as possible through prior negotiations with the owners. The exact price will be determined by mutual agreement before any investigations or other services are commissioned.· • The buyer is free to measure the horse or have it measured by a veterinarian and to get an idea of the horse’s condition, size, character traits and appearance. The information provided by the provider / seller is given to the best of our knowledge and belief. Errors in the description of the horses are reserved!
In the case of online purchases without the buyer being present, additional photos and videos can be made on request and external properties assessed with photo and video documentation. This also applies to measuring the horse’s height, back length, etc. This information is subject to change.• Optional veterinary examination (vet check), which is ordered and paid by the customer (optional only clinical examination or with x-rays) and is carried out by a licensed veterinarian of their own choice or a veterinarian recommended by the provider on site at the horse’s stable. The pre-purchase examination is paid or transferred directly to the veterinarian in advance and, if desired, can be completely organized by the provider and documented with photos and videos. More in-depth veterinary examinations such as flexion tests etc. may only be carried out by a licensed veterinarian.• The purchase decision should be made within 1-3 days after the pre-purchase examination – if desired after consultation with another veterinarian of his/her choice. A reservation of the horse for a longer period of time can be agreed, but should be clearly discussed. If the purchase decision is delayed for more than 7 days, we cannot assume any responsibility for the further reservation of the horse.• Indication of the private address and delivery address of the buyer with indication of the name and address of the delivery stable. The delivery stable ought to be valildated in the NT Traces system at the responsible veterinary office (since October 2021).• Indication of the buyer’s identity card / passport number (copy)• Choice of payment method
Duration of contract
The contract is concluded for an indefinite period.
Right of retention
The horse remains the property of the seller/provider until full payment has been made. Prices, shipping costs, return costs All prices are final prices including VAT. In addition to the final prices, the following additional costs are incurred: • Vet check (optional), transport.• Depending on the country / import regulations, additional customs fees / quotas may apply (e.g. Switzerland), or other tests prescribed by official veterinarians (outside the EU, such as prescribed blood tests, etc.).• If there is a right of withdrawal and this is exercised, the customer bears the costs of the return.
Payment condition
The customer has the following options for payment: bank transfer in advance, cash payment upon conclusion of purchase / contract signing, partial payment in cash with final payment by arrangement, but no later than 7 days before the transport date. Other payment methods are not offered and will be rejected. We reserve the right to exclude individual payment methods and to add new payment methods. The invoice amount is to be transferred in advance to the account specified in the sales contract, which contains all the information for the transfer and is either handed over personally on site and signed or sent by e-mail. The invoice amount can also be paid in cash on site. The customer is obliged to pay or transfer the stated amount to the account specified on the contract within 7 days of receipt of the invoice/purchase contract, but no later than 7 days before the horse is due to be transported. Payment is due from the invoice date without deduction. The customer is only in default after a reminder. A right of retention of the customer is excluded
Delivery conditions
The transport of the horse is being ordered by the customer directly from the horse transporter and organized by the provider. The transport papers are applied for by the provider at the responsible veterinary office about 3-7 days before the transport date. A binding transport commitment by the buyer must therefore be available from the transport company no later than 7 days before the transport date. The horse/horses will only be shipped after full payment has been confirmed. The transport takes place on average after 14 days (depending on the availability of the transporters). The customer will be informed immediately of delays. Should the customer wish to have the transport at a later date, stable and riding costs have to be discussed and agreed in detail in advance and recorded in writing in the sales contract.
Drafting of the contract
The text of the contract is saved by the provider. The customer has no way of directly accessing the stored contract text. The customer can correct input errors during the ordering process. To do this, he can proceed as follows: Revise the purchase contract in agreement with the customer and provider.Right of Withdrawal and Customer Service The regulations on distance contracts do not apply to customers who are entrepreneurs. Therefore, these customers are not entitled to a corresponding right of withdrawal due to a distance contract. The provider does not grant such a thing either. Disclaimer – Warranty The provider Quinta El Jinete S.L. does not act as a seller, but only as an intermediary. Claims for damages by the customer are excluded unless otherwise stated for the following reasons. This also applies to the representative and vicarious agent of the provider if the customer raises claims for damages against them. Excluded are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent. Language, place of jurisdiction and applicable law The contract will be drawn up in German / Spanish. The further execution of the contractual relationship takes place in German / Spanish. Only the law of the country, Spanish law, applies. The place of jurisdiction for disputes with customers is the seat of the provider.
Data Protection
In connection with the initiation, conclusion, processing and reversal of a purchase contract based on these terms and conditions, the provider collects, stores and processes data. This is done within the framework of the legal provisions. The provider does not pass on any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has given his prior express consent. If a third party is used for services in connection with processing, the provisions of the applicable data protection law are observed. The data communicated by the customer in the course of the order will only be processed to establish contact within the framework of contract processing and only for the purpose for which the customer provided the data. The data will only be passed on to the shipping company that takes over the delivery of the goods in accordance with the order, as well as to the responsible veterinary authorities (if necessary) and veterinarians who are directly related to the purchase. The payment data will be passed on to the bank responsible for the payment. Insofar as the provider is subject to retention periods of a commercial or tax nature, the storage of some data can last up to ten years. During the visit to the provider’s Internet portal, anonymous data that does not allow any conclusions to be drawn about personal data and is also not intended, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the customer’s request, the personal data will be deleted, corrected or blocked within the framework of the legal provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address:
Quinta El Jinete S.L., Carola Werhahn, Appartado de Correos 122, E-29649 La Cala de Mijas, Tel. 0034629848876 eljinete@andalusier.com
General terms and conditions created via the generator of Deutsche Anwaltshotline AG
