Conditions
Conditions/Terms of service
1. General
The general terms and conditions listed below apply to all contracts, deliveries and other services. All subsidiary agreements must be made in writing.
2. Scope
The general terms and conditions apply to all offers, confirmations and deliveries made by Sattelprofi. They apply exclusively, also for future contracts with the customer.
Conflicting or deviating terms and conditions of the customer are already contradicted; they are only binding if we have expressly recognized them in writing, even if we deliver unconditionally with knowledge of conflicting or deviating conditions.
The purchaser accepts our general terms and conditions when placing the order, at the latest when accepting the delivery or service.
3. Retention of title
The delivered goods remain the property of Sattelprofi until they have been paid for in full.
(1) The Sattelprofi company retains ownership of the subject matter of the contract until all payments from the purchase contract have been received.
(2) The buyer must inform the seller immediately in writing of all access by third parties, in particular of enforcement measures and other impairments of his property. The buyer has to reimburse the seller for all damages and costs that arise from a breach of this obligation and from necessary intervention measures against access by third parties.
(3) If the buyer acts contrary to the contract, in particular if the buyer does not meet his payment obligation despite a reminder from the seller, the seller can withdraw from the contract after setting a reasonable deadline and demand the surrender of the subject of the contract that is still his property. The withdrawal of the subject matter of the contract by the seller constitutes a withdrawal from the contract. The buyer is responsible for all applicable freight costs. The seizure of the contractual item by the seller always implies a withdrawal from the contract. The seller is authorized to dispose of the contractual item after it has been returned. The sales proceeds are to be offset against the seller's liabilities - minus reasonable sales costs.
4. Warranty
(1) Insofar as there is a defect in the subject of the contract for which the seller is responsible, the seller is obliged to withdraw from the contract or to reduce the purchase price for subsequent performance, excluding the buyer's rights, unless the seller is obliged to refuse the Subsequent performance is entitled. The buyer has to grant the seller a reasonable period of time for subsequent performance.
(2) At the buyer's option, supplementary performance can be carried out by eliminating the defect or delivering a new subject matter of the contract.
Reduction of the purchase price or withdrawal from the contract by the buyer are excluded during subsequent performance.
If the subsequent performance has failed, the buyer can, at his option, request a reduction in the purchase price (reduction) or withdraw from the contract.
(3) The saddle and accessories sold are subject to the manufacturer's general guarantee. Natural abrasion of the belt straps and the saddle flaps, or damage caused by cracks in the epidermis that may have been caused by force, is not a defect. The warranty claims expire if the goods delivered by Sattelprofi have been damaged by external influences, incorrect operation, disregard of the operating and maintenance instructions and by falling, changes or interventions by unauthorized consumables are used that do not meet the specification and manufacturing regulations.
The customer is obliged to allow the saddler or employee of the company Sattelprofi to check the defective item. This takes place at the discretion of the saddler or the employees of the Sattelprofi company either at the customer's location or, after postage paid, at the Sattelprofi company headquarters.
We grant a statutory warranty of 24 months on our goods if they are new. However, the seller is only liable if the damage is typically associated with the contract and is foreseeable
(4) Saddle fit: It is pointed out that it does not constitute a defect if the saddle changes because the saddle is being ridden on a different horse than the one intended for it, or the seat size of the saddle is not taken into account during use that another rider (e.g. rider), who actually needs a different seat size, is riding on this saddle and the saddle changes as a result. It should also be taken into account that the saddle is adapted to the specific person and horse when choosing it. If the horse (muscle build-up, muscle breakdown, fat tissue) or rider (weight, riding style, leg length, stirrup strap length) changes, this is due to external influences on the saddle. So it cannot be guaranteed that the ultimately desired success of the accuracy of fit on the horse and the correctness of the rider's sitting position will occur.
(5) Saddle fitting: the customer can test the saddle available for selection after consultation with the saddler of our company. However, he is obliged to return this saddle (s) after three days - unless otherwise agreed - clean and in perfect condition without being asked.
If the saddle is damaged, the customer has to reimburse the dealer for any damage incurred and, if the saddle is lost, the entire purchase price and travel expenses.
(6) Saddle fitting on site: Consultations are always carried out at the place of business. After a corresponding agreement or for a fee, saddle fittings and advice can also be carried out at the customer's site.
- Costs – saddle purchase with saddle fitting:
1. When fitting new and used saddles to the saddle, a flat rate will be charged for travel and consulting costs if no saddle is purchased. However, if the fitted saddle is bought within one month and no further adjustments are made on site, the amount paid will be offset.
The flat rate for travel and consulting costs is calculated based on the seat of the Sattelprofi company in Munich.
Up to 50 km € 75
Up to 80 km € 120
Up to 120 km € 180
Up to 150 km € 225
2. Saddle purchases with adjustment over 150 km from the Munich location must be requested separately.
3. Changes to a saddle purchased by Sattelprofi are subject to a charge if the saddle does not fit for reasons that are not the fault of the Sattelprofi company - see point 4. Warranty, (4).
II. Costs - saddle inspection
In the event of a saddle inspection of a saddle not purchased from Sattelprofi, travel and consulting costs are incurred. These are calculated as under "(6) I. Costs - saddle purchase with saddle fitting".
This full flat rate for travel / consulting costs only arises for individual journeys. If there are several checks on site, the travel costs will be calculated proportionally.
If the customer cannot make an appointment for a consultation or an appointment to adjust custom-made saddles or ready-made saddles, he must inform our sales representative at least 24 hours before the agreed appointment. If the customer does not meet this obligation, the Sattelprofi company can demand a flat rate of € 150.00.
(7) If the customer is an entrepreneur, he must check the goods for completeness or any defects immediately after receipt of the delivery and notify us of any deviations or transport damage within two weeks of delivery. If the notification is not made in time, the goods are considered approved.
(8) Any further liability on the part of the seller is excluded regardless of the legal nature of the claim made; this applies in particular to liability claims or claims for reimbursement of wasted expenses instead of the service. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of his employees, workers, employees, representatives and vicarious agents
5. Privacy Policy
We only use your inventory data to process your order. All customer data is stored and processed by us in compliance with the relevant provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG).
You have the right to free information, correction, blocking and deletion of your stored data at any time. Please contact us or send us your request by post, fax or e-mail. We will not pass on your personal data, including your home address and email address, to third parties without your express consent, which can be revoked at any time. This does not apply to service partners who require the transmission of data in order to process orders (e.g. the shipping company commissioned with the delivery and the credit institution commissioned with processing payments). In these cases, however, the scope of the transmitted data is limited to the necessary minimum.
6. Final provisions
(1) Claims from the purchase contract cannot be assigned without the written consent of the seller.
(2) The law of the Federal Republic of Germany applies exclusively to this purchase contract. Place of performance and place of jurisdiction for both parties are the seat of the company Sattelprofi. The place of jurisdiction is the Munich District Court, Pacellistr. 5, 80315 Munich.
(3) All agreements made between the seller and the buyer in connection with this purchase contract are set out in writing in the purchase contract.
(4) Should a regulation of this contract be or become ineffective or impracticable, this does not affect the effectiveness of the rest of the sales contract. Rather, the contracting parties undertake in such a case to replace the ineffective or unenforceable provision with an effective and enforceable provision that corresponds as closely as possible to the economic and ideal provisions within the legal limits.
Should individually provisions of this contract be or become ineffective or unenforceable, so the rest of the contract remains unaffected. The Sattelprofi company and the customer become the ineffective or replace the unenforceable provision with an effective or enforceable provision that is as similar as possible in terms of its economic result. The same applies to a loophole in the contract.
Sattelprofi, Schützenstr. 5, 85521 Munich-Ottobrunn, Germany
November 2020