Saddle order conditions
The horse will be examined and measured whilst standing, in motion and whilst being ridden for a correct saddle fit by an expert employee of the contractor, hereafter referred to as Stübben Fitter. The cost of the fitting amount to 150€ (including VAT) and is to be carried by the client. In the case of subsequent conclusion and completion of contract for the manufacture and sale of a new saddle, the initial fitting costs will be waived.
By signing the order form, the client submits an offer to purchase the saddle specified in more detail above together with the accessories listed. The order only comes into effect upon receipt of a written order confirmation.
3. Term of delivery
The term of delivery takes approx. 20 weeks.
4. Payment Information/ reservation of proprietary rights
The client is obliged to pay a pre-payment value of € 1,000 (incl. VAT). The ordered saddle will only be released into production after the pre-payment has been made and then the terms of delivery begins. The purchase price is due upon invoice, at the latest upon delivery of the saddle by the Stübben Fitter. The saddle will remain the property of the contractor until the purchase price has been paid in full.
As a new saddle will settle/shape after a period of use of about 20 hours, the above saddle should definitely be checked by a Stübben fitter after this period and, if necessary, flocked/adjusted. This is not an act of supplementary performance, but rather a procedure that is usually necessary in order to maintain the accuracy of fit of the saddle. This first inspection appointment including the reconditioning of the saddle is free of charge for the client. The client shall contact the contractor in this regard to arrange an appointment. The contractor points out that a regular (annual) check and, if necessary, adjustment of the saddle is required throughout its entire service life.
If the sold article is a used article, the warranty period is in principle one year. Also explicitly excluded from this are claims for damages due to injury to life, body and health which are based on an intentional or negligent breach of duty by the contractor or a legal representative or the contractor's vicarious agent, as well as claims for damages for other damages which are due to an intentional or grossly negligent breach of duty. The time limit for exercising rights in this respect remains unaffected. The Client is requested to inform the Contractor as soon as possible of any defect and to give the Contractor the opportunity to remedy the defect in a timely manner. The contractor shall endeavour to find a prompt date for a joint inspection, discussion and, if necessary, rectification of the defect. The Contractor points out that work/modifications to the saddle carried out by a person other than a Stübben fitter may make it more difficult or even impossible for the Contractor to successfully rectify the defect at a later date.
7. Additional information
The aforementioned saddle is a custom-made saddle. The client is aware that the saddle will only fit the horse described above perfectly and that the saddle may change its fit when used on other horses.
8. Revocation/cancellation policy
If the sold saddle is a custom-made saddle adapted to the individual needs of the customer and the horse listed above (see above point 5 a), a revocation is generally not possible. Something else applies to used saddles as well as accessories which are standard goods. In this case, the client, who is a consumer, may revoke the contract in writing within two weeks after receipt of the goods without giving reasons. The period begins at the earliest with receipt of this instruction. The timely dispatch of the revocation or the goods shall be sufficient to comply with the time limit. The purchase price payment made to the order taker up to that point shall be refunded to the client. In the event that the saddle which is the subject of the purchase is a custom-made saddle, the Contractor shall furthermore grant the Client the option to revoke the order until the delivery of the saddle under the following conditions: If the saddle sold is a custom-made standard model, the Principal shall pay a lump sum of € 500 (incl. VAT) to the Contractor; in the case of a custom saddle, this amount shall be € 1,000 (incl. VAT). This amount will be offset against the down payment already made. Beyond the lump sum, the fitting fee is due in full.
9. Requirement of written form
All ancillary agreements, amendments and/or supplements to this contract must be made in writing. This also applies to the cancellation of this written form requirement.
10. Applicable law/jurisdiction
This contract is governed by German law. This choice of law does not change the fact that the client with habitual residence in one of the EU states, or Switzerland or Great Britain is not deprived of the protection granted by mandatory provisions of the law of the state.