Contractual partner

On the basis of these General Terms and Conditions (GTC), a contract is concluded between the customer, the seller and Quinta El Jinete S.L. as agent, 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 E-mail address:
eljinete@andalusier.com Commercial register: Spain Sales tax identification number: ES-B92457019, hereinafter referred to as the provider, the contract is concluded.

Subject matter of the contract

This contract regulates the sale of services in the field(s) of horse brokerage.

Conclusion of contract

The contract of a horse purchase is concluded in electronic business transactions via means of distance communication such as telephone, WhatsApp and e-mail and / or by signing an original contract in person. The offers presented represent a non-binding invitation to submit an offer through the customer order, which the supplier / seller can then accept. The order process for concluding the contract comprises the following steps:

• Sending a request 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 provider regarding a viewing appointment
• Selection of the offer in the desired specification (horse selection) either by viewing and trying out the horse or via remote means of communication such as telephone and e-mail.

The test riding and personal examination of the horses is at your own risk, and appropriate clothing and footwear for riding is recommended. Riders up to the age of 18 must wear a helmet; all other riders are recommended to wear a riding helmet. For the service of accompaniment by the agent or a person organized by the agent, a service fee of between € 30,- and € 100,- / day will be charged depending on time and effort and by arrangement.

• Decision for a specific horse or several horses.
• Price agreement: the prices quoted 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 form his own opinion of the horse’s constitution, size, character traits and appearance. The information provided by the supplier / seller is given in good faith. Errors in the description of the horses are reserved!
• For online purchases without the presence of the buyer, additional photos and videos are taken on request and external characteristics are inspected with photo and video documentation. This also applies to the measurement of the horse according to size, back length etc. This information is without guarantee.
• Optional veterinary report (purchase examination), which is commissioned by the customer for a fee (optional clinical examination only or with x-rays) and is carried out by a licensed veterinarian of the customer’s choice or a veterinarian recommended by the provider on site at the horse’s stable. The purchase examination is paid or transferred directly to the vet in advance and can be fully organized and documented with photos and videos by the vendor on request. More in-depth veterinary examinations such as flexion tests etc. may only be carried out by an appropriately licensed veterinarian.
• The purchase decision should be made – after consultation with another veterinarian of his/her choice if desired – within 1-3 days after the purchase examination has been carried out. A reservation of the horse for a period beyond this can be agreed, but should be clearly discussed. If the purchase decision is delayed for longer than 7 days, we cannot accept any responsibility for the further reservation of the horse.
• Specification of the private and delivery address of the buyer with the name and address of the delivery stable. The delivery stable must be or become registered with the responsible veterinary office in the NT Traces system (since Oct 2021).
• Indication of the buyer’s identity card / passport number (copy)
• Selection of payment method

Contract duration

The contract is concluded for an indefinite period.

Retention of title

The goods remain the property of the seller/provider until payment has been made in full.

Prices, shipping costs, return costs

All prices are final prices including VAT. In addition to the final prices, the following additional costs apply:

• Purchase inspection (optional), transportation.
• Depending on the country/import regulations, additional customs duties/quotas may apply (e.g. Switzerland), or additional tests prescribed by the official veterinarian (outside the EU, e.g. prescribed blood tests etc.).
• If a right of withdrawal exists and is exercised, the customer shall bear the costs of the return shipment.

Terms of payment

The customer has the following options for payment: advance bank transfer, cash payment on conclusion of purchase / signing of contract, partial payment in cash with final payment as agreed, but no later than 7 days before the transportation 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 there after receipt of the purchase contract, which contains all details for the transfer and is either handed over and signed in person on site 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’s transportation date. Payment is due without deduction from the invoice date. The customer shall only be in default after a reminder. The customer shall have no right of retention.

Terms of delivery

The transport of the horse is ordered by the customer directly from the horse transporter and organized by the provider. The transport permit is applied for from the responsible veterinary office approx. 3-7 days before the transport date. A binding transport confirmation must therefore be received by the transport company at least 7 days before the transport date. The horse(s) will only be dispatched after full payment has been confirmed. Transportation takes place on average after 14 days (depending on the availability of the carriers). The customer will be informed immediately of any delays. If the customer wishes the horse to be transported at a later date, stable and riding costs will be incurred, but these will be discussed in detail in advance and recorded in writing in the purchase contract.

Contract design

The contract text is stored by the provider. The customer has no possibility of directly accessing the stored contract text. The customer can correct errors in the entry during the ordering process. He can proceed as follows: Revise the purchase contract in agreement with the customer and supplier.

Right of withdrawal and customer service

The regulations for distance selling 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 concede this.

Disclaimer – Warranty

The provider Quinta El Jinete S.L. does not act as a seller, but only as an intermediary.

Disclaimer

Claims for damages by the customer are excluded, unless otherwise stated in the following reasons. This also applies to the representative and vicarious agents of the provider if the customer asserts claims for damages against them. Excluded from this are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages due to grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent.

Language, place of jurisdiction and applicable law

The contract is drawn up in German / Spanish. The further implementation of the contractual relationship shall be in German / Spanish. The law of the country, Spanish law, shall apply exclusively. The place of jurisdiction for disputes with customers is the registered office of the provider.

Data protection

The provider collects, stores and processes data in connection with the initiation, conclusion, processing and reversal of a purchase contract on the basis of these GTC. This is done within the framework of the statutory provisions. The provider does not pass on any personal data of the customer to third parties unless it is legally obliged to do so or the customer has expressly consented to this in advance. If a third party is used for services in connection with the handling of processing operations, the provisions of the applicable data protection law shall be complied with. The data provided by the customer in the course of the order will be processed exclusively for the purpose of establishing contact within the framework of contract processing and only for the purpose for which the customer has provided the data. The data will only be passed on to the shipping company responsible for delivering the goods as ordered, as well as to the relevant veterinary authorities (if necessary) and veterinarians directly associated with the purchase. The payment data will be passed on to the credit institution commissioned with the payment. If the provider is subject to retention periods under commercial or tax law, some data may be stored for up to ten years. During your visit to the provider’s Internet portal, anonymized data that does not allow any conclusions to be drawn about personal data and is not intended to do so, in particular IP address, date, time, browser type, operating system and pages visited, is logged. At the customer’s request, personal data will be deleted, corrected or blocked in accordance with the statutory provisions. Information about all personal data of the customer is available free of charge. 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

GTC created using the generator of Deutsche Anwaltshotline AG