Terms & Conditions
Terms & Conditions
Article Definitions
Article 2 Identity
Article 3 Applicability
Article Offers and conclusion of the agreement
Article Prices, changes and additional work
Article Payment
Article Delivery time
Article 8 Delivery and risk
Article 9 Retention of title
Article0 Advertisement
Article Withdrawal
Article Guarantee
Article Liability of Divoza
Article4 Force Majeure
Article Suspension and dissolution
Article Lapse
Article Intellectual ownership
Article Governing Law and Disputes
TERMS AND CONDITIONS
Divoza Equestrian Sports BV, Divoza Horseworld Enschede BV, Divoza Horseworld Heteren BV, Divoza Horseworld Staphorst BV and Divoza Horseworld Zoetermeer BV, Divoza Horseworld Harmelen BV
Table of contents
1. Definitions
2. Identity
3. Applicability
4. Offers and conclusion of the agreement
5. Prices, changes and additional work
6. Payment
7. Delivery time
8. Delivery and risk
9. Retention of title
10. Advertising
11. Revocation
12. Garantie
13. Liability of Divoza
14. Force Majeure
15. Suspension and dissolution
16. Expiration
17. Intellectual property
18. Applicable law and disputes
1. Definitions
In these terms and conditions shall apply:
Reflection period: the period within which the Consumer can make use of his Right of Withdrawal.
Consumer: the Counterparty who is not acting in the exercise of a profession or business.
Right of withdrawal: the possibility for the Consumer to cancel the Distance Contract within the Reflection Period.
Divoza: Divoza Horseworld Enschede BV, Divoza Horseworld Heteren BV, Divoza Equestrian Sports BV, Divoza Horseworld Staphorst BV and Divoza Equestrian Sports Zoetermeer BV, Divoza Horseworld Harmelen BV, individually and/or jointly.
Agreement: the Agreement for the sale and delivery of products and/or services by Divoza to a Counterparty.Defin
Distance contract: an agreement whereby, within the framework of a system organised by Divoza for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
Counterparty: any natural or legal person with whom Divoza enters into an Agreement or makes an offer.
2. Identity
Divoza Equestrian Sports BV
Trading under the name(s): Divoza Ruitersport BV, Divoza Horseworld, Horseworld, DIVOZA'S Horseland and DVOZA'S Horsepower.
Business and visiting address: Zernikelaan 16, 9351 VA Leek
Phone number: 0594-512145
Email address: info@divoza.com
Chamber of Commerce number: 59032650
VAT identification number: NL853288422B01
Divoza Horseworld Enschede BV
Trading under the name(s): Divoza Horseworld Enschede BV
Business and visiting address: Westerval 20, 7545 MZ Enschede
Phone number: 0594-512145
Email address: info@divoza.com
Chamber of Commerce: 02084038
VAT identification number: NL813294101B01
Divoza Horseworld Heteren BV
Trading under the name(s): Divoza Horseworld Heteren BV
Business and visiting address: Ressenerbroek 16, 6666 MR Heteren
Phone number: 0594-512145 or 026-4740065
Email address: info@divoza.com or heteren@divoza.com
Chamber of Commerce: 09142234
VAT identification number: NL813293236B01
Divoza Horseworld Staphorst BV
Trading under the name(s): Divoza Horseworld Staphorst BV
Business and visiting address: Wethouder Buitenhuisstraat 4a, 7951 SM Staphorst
Phone number: 0594-512145
Email address: info@divoza.com
Chamber of Commerce: 51192853
VAT identification number: NL823143594B01
Divoza Equestrian Sports Zoetermeer BV
Trading under the name(s): Divoza Ruitersport Zoetermeer BV
Business and visiting address: Edelgasstraat 45, 2718 SX Zoetermeer
Phone number: 0594-512145 or 079-3521571
Email address: info@divoza.com or zoetermeer@divoza.com
Chamber of Commerce: 27146086
VAT identification number: NL802564094B01
Divoza Horseworld Harmelen BV
Trading under the name(s): Divoza Horseworld Harmelen BV
Business and visiting address: Industrieweg 8, 3481MD Harmelen.
Phone number: 0594-512145
Email address: Harmelen@divoza.com
Chamber of Commerce: 69161291
VAT identification number: NL857760373B01
3. Applicability
3.1. All offers and/or quotations from and all Agreements concerning the sale and delivery of products and/or services by Divoza are exclusively subject to these general terms and conditions. The Counterparty with whom a contract was once concluded on the basis of these terms and conditions agrees to the applicability of these terms and conditions to future and/or follow-up agreements with Divoza.
3.2. General terms and conditions used by the Other Party and other stipulations that deviate from the terms and conditions of Divoza are expressly rejected by Divoza, unless they have been expressly accepted by Divoza in writing.
3.3. If any provision or part of a provision of these general terms and conditions is, for whatever reason, wholly or partially unenforceable, this shall not affect the binding nature of the remaining provisions of these general terms and conditions or of the remaining part of the provision in question.
3.4. These general terms and conditions also apply to Agreements with and/or orders placed with Divoza, for the execution of which Divoza must involve third parties.
3.5. If Divoza does not always require strict compliance with the general terms and conditions, this does not mean that the provisions thereof do not apply, or that Divoza would in any way lose the right to require strict compliance with the provisions of these terms and conditions in other cases.
4. Offers and conclusion of the Agreement
4.1. All offers from Divoza are entirely without obligation, unless expressly stated otherwise. Agreements as well as changes or cancellations thereof are only binding for Divoza when they have been confirmed by it in writing. The Other Party is bound by its order or order, even if Divoza does not confirm the Agreement in writing.
4.2. In the event of an order placed electronically (such as via the website or by email), written confirmation shall also be understood to mean confirmation by email to the email address specified by the Other Party.
4.3. Documentation or data (including sizes, weights, quantities, etc.) provided by or on behalf of Divoza upon or after the conclusion of the Agreement is/are without obligation, unless expressly stated otherwise.
4.4. Divoza has the right at all times to refuse orders and/or assignments or to attach additional conditions to the delivery and/or execution.
5. Prices, changes and additional work
5.1. All prices stated in the offer of products or services by Divoza are expressed in Euros (€) and include sales tax, packaging and government (tax) levies such as import duties, unless expressly stated and/or agreed otherwise.
5.2. All prices stated in the offer of products or services by Divoza are without obligation and can be changed at any time.
5.3. Divoza has the right, in the event of a cost increase between the time of the conclusion of the Agreement and its full performance, and regardless of the foreseeability thereof, to increase the price accordingly in such a way that such cost increase is fully or proportionally incorporated therein. Cost increases include, but are not limited to, cost increases resulting from increases or changes in wages, charges, taxes, duties, levies, freight, levies, prices of raw materials and energy, as well as exchange rate changes, increases in the costs charged by suppliers or changes in legislation. The Other Party has the right to declare the Agreement dissolved for the part not yet performed within 5 days after Divoza has notified it of such a price increase, except to the extent that the price increase results from a statutory provision.
5.4. The Consumer is entitled to terminate the Agreement by means of a written statement if the price increase as described under 5.3 occurs within three months after the conclusion of the Agreement, unless Divoza then informs the Consumer within 2 days after receipt of the written statement that it is prepared to execute the Agreement on the basis of the original agreement, or if it has been agreed that delivery will take place more than three months after the conclusion of the Agreement.
5.5. Divoza has the right to charge a separate amount for administration and/or handling costs when delivering products and/or services with an invoice value lower than an amount to be determined by it.
5.6. The Agreement includes Divoza's authority to separately invoice any additional work it has performed. Additional work is considered to be anything that Divoza, in consultation with the Other Party, delivers and/or installs during the performance of the Agreement in excess of the quantities expressly recorded in the Agreement and/or the order confirmation, or anything that Divoza performs that is expressly recorded.
5.7. The Counterparty is obliged to pay the cost price of the packaging if it will not be taken back by Divoza. Divoza has the right not to take back the packaging.
5.8. If a price increase has not been adjusted on the price tag of an item, the price at the checkout and on the website will be leading.
6. Payment
6.1. Payments must be made before or upon delivery, unless otherwise agreed in writing/electronically.
6.2. If the Counterparty fails to pay any amount owed by it on time, it shall be in default by operation of law, without any notice of default or prior notice of default being required, and interest of 1,5% per month shall be owed on the (invoice) amount from the due date of the invoice until the moment of full payment.
6.3. All judicial and extrajudicial costs related to the collection of any claim on the Counterparty shall be borne by the Counterparty. The extrajudicial costs amount to at least 15% of the invoice amount(s) with a minimum of € 500, they are due without further notice.
6.4. Divoza is always entitled to request a down payment or advance payment and/or security from the Counterparty prior to delivery. In that case, the Counterparty cannot assert any rights regarding the execution of the order or service(s) before the agreed advance payment and/or security has taken place.
6.5. The Counterparty has the obligation to report any inaccuracies in payment details provided or stated to Divoza without delay.
6.6. If the Counterparty is in default with a payment owed by it to Divoza and/or if the Counterparty fails to fulfil any obligation under the Agreement and/or these General Terms and Conditions, all other claims that Divoza has on the Counterparty shall be immediately due and payable, without any further notice of default being required, and Divoza shall also be authorised to suspend (further) fulfilment by it of all Agreements with the Counterparty.
6.7. Payments by or on behalf of the Counterparty shall be used successively to pay the extrajudicial collection costs due, the legal costs, the interest due and then, in order of age, the outstanding principal amounts, regardless of any instructions to the contrary from the Counterparty.
6.8. Without the express permission of Divoza, the Counterparty is not permitted to suspend, offset and/or compensate its payment obligation(s) towards Divoza with a claim of the Counterparty on Divoza, for whatever reason. The Counterparty cannot invoke a right of retention towards Divoza.
6.9. The Counterparty is prohibited from assigning, pledging or transferring ownership under any title whatsoever of any of its claims against Divoza arising from the Agreement.
7. Delivery time
7.1. The delivery period for a Sales Agreement shall not exceed 30 days, unless expressly agreed otherwise. The delivery period for a Service Agreement shall always be agreed separately. The agreed delivery periods commence on the day of the order confirmation.
7.2. In the event of late delivery, Divoza will only be in default after written notice of default.
7.3. The delivery times stated by Divoza and agreed with Divoza are always approximate and do not apply to Divoza as fatal terms, unless expressly agreed otherwise. In the event of exceeding fatal (delivery) terms, or in the event of default after written notice of default, the Other Party is not entitled to compensation and/or non-fulfilment of any obligation arising from the Agreement, but only the choice to still demand fulfilment within a reasonable period set by the Other Party, or to terminate the Agreement for the part not yet performed.
7.4. Even if Divoza deals with a Consumer, Divoza will, in deviation from the provisions of Article 7:46f paragraph 1 of the Dutch Civil Code, only be in default after the delivery period has expired and Divoza has been expressly put in default by the Consumer.
7.5. In the event of force majeure, as well as if a delay is caused by the – whether or not culpable – action or omission of the Other Party or a third party, the delivery period will be extended by at least the duration of the delay.
8. Delivery and risk
8.1. The products to be delivered by Divoza are deemed to have been delivered – even if delivered carriage paid, c&f, cif, fob – at the time the goods leave the factory or warehouse (which also includes the factory or warehouse of a supplier); as well as – if it has been agreed that the products will be collected – at the time communicated to the Other Party at which the goods are ready for collection.
8.2. From the delivery as referred to in 8.1, the products are at the expense and risk of the Other Party, even if Divoza arranges the transport, unless expressly agreed otherwise and/or the Agreement has been concluded with a Consumer. The products are at the expense and risk of the Consumer if they have been received by the Consumer.
8.3. Divoza determines the method of shipment to meet its delivery obligations, if a delivery obligation for Divoza has been agreed upon in the Agreement. If the Counterparty gives certain special instructions, compliance with these will be entirely at the expense and risk of the Counterparty. The costs of delivery will be borne by the Counterparty, unless the Agreement has been concluded with a Consumer.
8.4. The Counterparty is obliged to receive or collect the products upon first presentation. If the Counterparty fails to comply with this obligation, Divoza has the right to set a term of at least eight days. If the Counterparty also fails to collect within that additional term, all consequences thereof shall be borne by the Counterparty, including storage costs. More specifically, Divoza then has the right to terminate the Agreement and/or claim damages.
8.5. Appointments at home at the request of the customer, such as fitting sessions and checks, can be invoiced and must then be paid immediately within 8 days. In case of cancellation within 5 working days before the scheduled appointment, the customer is liable for the invoiced costs.
9. Retention of title
9.1. All products delivered by Divoza remain the property of Divoza until the moment of full payment of all that Divoza has to claim under the Agreement(s) concluded with the Other Party. This includes interest and costs and claims due to the Other Party's failure to comply with such Agreement. Furthermore, ownership will only be transferred to the Other Party when it has fully paid all claims of Divoza, including those arising from other deliveries. The Other Party is not permitted to invoke a right of retention with regard to the storage costs or to offset these costs against the services owed by it.
9.2. The Counterparty undertakes to store the delivered and/or made available products separately and to clearly mark them as the property of Divoza and if the Counterparty does not comply with this obligation, it is presumed that the products of the type made available or delivered by Divoza present at the Counterparty belong to Divoza.
9.3. The Counterparty is not entitled to alienate, rent out to third parties, grant use of, pledge or otherwise encumber the products subject to the retention of title, in whole or in part, for the benefit of third parties, other than for example in the context of its normal business operations. In the event of a breach of this, the amount due, regardless of the payment conditions, is immediately and fully due and payable. In the event of resale, the Counterparty assigns to Divoza all rights arising from the resale to collect the purchase price upon conclusion of the Agreement.
9.4. Without prejudice to its other rights, Divoza is irrevocably authorised by the Other Party, if the Other Party fails to fulfil its obligations towards Divoza, to enter its premises without any notice of default or judicial intervention and to repossess the products delivered by it and belonging to it.
9.5. In the event of seizure, (provisional) suspension of payment or bankruptcy, the Counterparty shall immediately inform the seizing bailiff, the administrator or the trustee of the (ownership) rights of Divoza.
10. Advertising
10.1. The Counterparty is obliged to examine the product immediately upon delivery. The Counterparty must examine whether the quality and/or quantity of the delivered goods corresponds with what was agreed and meets the requirements that the parties have agreed in this regard.
10.2. Complaints regarding visible defects or shortcomings in the packaging and/or the products concerned must be made in writing and with reasons immediately, at least within eight days after delivery, failing which the Other Party will be deemed to have approved the delivery and all claims against Divoza in respect of those visible defects or shortcomings will lapse.
10.3. Complaints regarding non-visible defects or shortcomings must be made in writing within eight days of their discovery, failing which any claim against Divoza regarding those defects will lapse. A Consumer must report the non-visible defects or shortcomings in writing within two months of their discovery.
10.4. Complaints regarding invoices from Divoza must be submitted in writing within 8 days of the invoice date, failing which the invoice will be deemed to be correct and complete and any claim against Divoza in this regard will lapse.
10.5. Minor deviations in execution, in particular minor colour differences, or minor material defects shall never constitute grounds for complaint.
10.6. A complaint regarding a specific delivery or method of service provision does not suspend the (payment) obligation(s) of the Counterparty for this and other deliveries, nor does it give the Counterparty the right to offset.
11. Revocation
11.1. In the case of the Agreement for the sale of products at a distance, the Consumer has the possibility to revoke the Agreement without giving reasons during the Reflection Period of thirty days. The Reflection Period commences on the day after receipt of the product by or on behalf of the Consumer. The Consumer must inform Divoza before the expiry of the Reflection Period, by means of the written or electronic revocation form of Divoza intended for that purpose, or by means of another unambiguous written or electronic statement in which he declares to revoke the Agreement.
11.2. During the Reflection Period, the Consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and in the original condition and packaging to Divoza within fourteen days after invoking the right of withdrawal, in accordance with the reasonable and clear instructions provided by Divoza.
11.3. In the case of an Agreement for the provision of services that has been agreed at a distance, the Consumer has the possibility to dissolve the Agreement without giving reasons for a period of fourteen days, starting on the day after the Agreement has been concluded. When exercising the right of withdrawal, the Consumer will follow the reasonable and clear instructions provided by Divoza with the offer and/or at the latest upon delivery. The Consumer is not entitled to a right of withdrawal if the provision of services has already commenced with the consent of that Consumer and the withdrawal period has not yet expired.
11.4. If the right of withdrawal referred to in this article is exercised, the costs of return shipment shall be borne by the Consumer.
11.5. If the Consumer has paid an amount, Divoza will refund this amount within fourteen days after the cancellation.
11.6. The right of withdrawal can be excluded by Divoza if it has clearly stated this in the offer, at least in good time before concluding the Agreement. Exclusion of the right of withdrawal concerns at least the products:
a) which have been created by Divoza in accordance with the Consumer's specifications;
b) which are clearly personal in nature;
c) which by their nature cannot be returned;
d) for individual newspapers, books and magazines';
e) for audio and video recordings and computer software of which the Counterparty has broken the seal.
f) Specially ordered or custom-made items at the customer's request.
Exclusion of the right of withdrawal concerns at least those services the delivery of which has commenced with the express consent of the Consumer before the Reflection Period has expired.
12. Garantie
12.1. Unless otherwise agreed, Divoza guarantees the soundness of the products it supplies for a period of 1 year after delivery under the following conditions:
a) the warranty applies exclusively to those defects or shortcomings in the delivered products which the Other Party proves are caused exclusively or predominantly as a direct result of errors in the materials supplied by Divoza or by defective finishing of those materials by Divoza; there is no warranty on zippers and laces.
b) minor imperfections and damage, such as minor colour differences, which do not affect the functional properties of the delivered and installed products are not covered by the warranty; bargain corner items are not eligible for the warranty.
c) the warranty for (parts of) products that Divoza has not manufactured itself, or for defects that are the result of insufficient or improper processing of products supplied by Divoza, is limited to the warranty that Divoza in turn obtains from its supplier or processor, or to the warranty customary in that industry;
d) any right to warranty shall lapse in the event of normal wear and tear, if it appears that repairs have been carried out on the products by third parties or if the regulations and guidelines provided by Divoza for maintenance, use, installation, storage, etc. have not been observed;
e) the alleged failure to comply with the warranty obligation does not release the Other Party from the obligations that may arise for him from this or any other Agreement concluded with Divoza;
f) any right to warranty shall lapse if the Other Party fails to fulfil any obligation arising from an Agreement concluded with Divoza or fails to fulfil it in a timely manner;
g) any right to warranty shall lapse if it is reasonable to assume that the defects were caused by the manner in which the Other Party handled the product.
12.2. Divoza's guarantee exclusively includes either the repair of the defects/shortcomings, or the replacement of the defective products or the re-performance of the defective services, or the full or partial termination of the Agreement and pro rata crediting, all at the discretion of Divoza. Divoza has the right to reverse a choice it made earlier in this regard. Furthermore, the provisions of article 13.4 apply to the scope of the guarantee.
12.3. Unless otherwise agreed, Divoza provides a 3-month warranty on (repair) services after delivery, taking into account the conditions stated under 12.1.
13. Liability of Divoza
13.1. Divoza shall not be liable beyond the fulfilment of its warranty obligations (as described in article 12), except in the event of intent or gross negligence on its part which must be proven by the Other Party. Divoza shall therefore in no way be liable for damage arising in connection with or caused by products and/or services supplied by it, however this damage arose and of whatever nature it is.
13.2. Divoza is never liable for damage caused by incorrect or unauthorized use of products by the Other Party.
13.3. Divoza is never liable for indirect damage, including consequential damage, lost profit, missed savings, immaterial damage, business or environmental damage or pure financial loss.
13.4. If Divoza should be liable for any damage, then Divoza's liability is limited to the invoice amount of the relevant delivered products and/or services.
13.5. Divoza is free to determine whether it will indemnify the Other Party on the basis of this article or replace the delivered goods.
13.6. The Counterparty shall indemnify Divoza against all claims by third parties, of whatever name, relating to the performance of the Agreement by Divoza for the Counterparty.
13.7. If Divoza's liability is insured in a given case, Divoza's liability is limited to the amount paid out by the insurer.
14. Force Majeure
14.1. In the event of force majeure, Divoza is entitled – at its discretion – either to suspend the performance of the Agreement for the duration of the force majeure or to terminate the Agreement in whole or in part, without judicial intervention and without Divoza being obliged to pay any compensation. During the suspension, Divoza is entitled and at the end thereof obliged to choose between performance or termination of the Agreement in whole or in part.
14.2. Force majeure is understood to mean any circumstance beyond the control of Divoza – even if this was already foreseeable at the time the Agreement was concluded – that permanently or temporarily prevents or makes difficult the performance of the Agreement, as well as, insofar as not already included, war, flooding, scarcity of materials, equipment, work materials, lack of workers and other similar events and/or serious disruptions in the business of Divoza or one of its suppliers. This applies regardless of whether the circumstances causing the force majeure occur in the Netherlands or in another country.
15. Suspension and dissolution
15.1. Divoza is entitled, without notice of default and without judicial intervention, to either suspend the performance of the Agreement or to dissolve it in whole or in part, without being liable for any damages or guarantee and without prejudice to its other rights, in the following cases:
a) if the Counterparty fails to fulfil, fails to fulfil properly or fails to fulfil in a timely manner any obligation arising from the Agreement concluded with Divoza or a related Agreement;
b) if there is good reason to fear that the Other Party is or will be unable to meet its obligations towards Divoza and a written notice from Divoza has not been complied with within the period set therein;
c) if the Counterparty has been requested to provide security for the fulfilment of its obligations under the Agreement upon conclusion of the Agreement and this security is not provided or is insufficient;
d) in the event of bankruptcy, suspension of payments, closure, liquidation or full or partial transfer – whether or not as security – (of the company) of the Counterparty, including the transfer of a significant part of its claims.
15.2. In each of the cases referred to in Article 15.1, all claims of Divoza on the Other Party shall be immediately and fully due and payable.
16. Expiration
16.1. Any right of claim against Divoza and third parties involved by Divoza in the performance of the Agreement, also based on facts that would justify the assertion that the delivered product or the service provided does not comply with the Agreement, shall in any case lapse one year after delivery or service provision. In the event of defects that were not already recognizable upon delivery, a period of one year applies after the defect has manifested itself. Any right of claim of a Consumer against Divoza shall lapse after two years after the Consumer has notified Divoza thereof.
17. Intellectual property
17.1. All (information contained in) offers, quotations, designs, templates, models, tools, images, software, drawings etc. and the related industrial and intellectual property rights or equivalent rights become and remain the property of Divoza, even if the Other Party has been charged costs for the production thereof. The Other Party shall ensure that these are never copied, handed over or made available for inspection to third parties, in whole or in part, and that no communication of their content is made to third parties, unless Divoza has given prior written permission for this.
17.2. Divoza does not guarantee in any way that the products delivered to the Other Party do not infringe any written or unwritten intellectual and/or industrial property right of third parties.
18. Applicable law and disputes
18.1. All legal relationships between Divoza and the Counterparty are governed by Dutch law. The applicability of the Vienna Sales Convention and foreign legislation is expressly excluded.
18.2. The Dutch text of the general terms and conditions is always decisive for the explanation thereof.
18.3. All disputes arising from or in connection with the Agreement(s) and/or these general terms and conditions shall be subject to the judgment of the competent court in the District of Northern Netherlands, Groningen location. However, Divoza is always entitled to submit the dispute to the court that, based on the place of establishment of the Other Party, is competent to hear the dispute.