Terms and Conditions
1.Preamble
1.1. The company “Unique Sporthorses” (hereinafter referred to as: “EquiConnections”) provides services, including this website (hereinafter referred to as: “Products”), under the following terms and conditions, which are deemed to be binding in the relationship between the User and EquiConnections upon visiting this website and/or upon purchasing/using the Products, and with explicit consent. Besides governing the relationship between EquiConnections and the User (hereinafter referred to as the: “User”), the following terms and conditions also govern the relationship among Users.
1.2. The portal may only be used by legal entities, incorporated partnerships and natural persons of full legal capacity.
1.3. It may be the case that EquiConnections offers certain goods and services under special conditions only. However, EquiConnections will explicitly point this out to the User in good time before he or she concludes the contract. In the individual case concerned, the special conditions will then apply in addition to these terms and conditions. In the event of overlap, the special conditions shall take precedence.
1.4. EquiConnections hereby expressly objects to any reference to one’s own terms and conditions. The conflicting terms and conditions of a User shall be valid only if EquiConnections agrees to their validity in writing.
2.Offers on EquiConnections
EquiConnections provides offers involving various information services and other services. These services include the provision of content, such as data, texts, photos, information and other content, as well as the option to post own content, especially ads, information, photos and texts.
3.Use of EquiConnections
3.1. Both free and chargeable services may be available on the online platform. All chargeable services are marked as such.
3.2. The services available on the online platform may also include services of third parties to which EquiConnections merely facilitates access. Additional rules or terms that deviate from these terms and conditions may apply to the use of such services – which are marked as services of third parties in each case.
3.3. The User has no entitlement to the continuity or expansion of free services and content.
3.4. EquiConnections is entitled at all times to change services provided for free on the online platform; to provide new services free of charge or for payment; and to stop providing free services. In this connection, EquiConnections will take into account the legitimate interests of Users in each case.
3.5. EquiConnections restricts its services at times, if need be, to prevent capacity limits from being reached, to ensure the security or integrity of servers, or to implement technical measures. EquiConnections will take into account the legitimate interests of Users, for example by announcing scheduled maintenance work.
3.6. Users may only use the contact details of other Users, which are accessible via the online platform, for private purposes. It is therefore prohibited, for example, for a User’s data to be used by employers, recruitment agencies, employment agencies or public or private educational institutions for the purpose of collecting personal data. It is forbidden for Users to edit, change, translate, show, present, publish, exhibit, duplicate or disseminate, in whole or in part, content provided on the online platform, with the exception of content that they themselves have posted. It is also forbidden to delete or change copyright notices, logos and other marks or proprietary notices.
3.7. Any use aimed at exploiting the applications, services and content offered on this online platform for business, commercial or other profitable purposes other than the purposes provided on the online platform is forbidden. In particular, it is not permitted to frame this online platform or individual aspects of it.
3.8. Content provided on the online platform may not be copied, disseminated or otherwise made available to the public without the right holder’s consent – with the exception of cases permitted by law or where contractually stipulated. As such, it is also forbidden to use computer programs that automatically read data, such as crawlers.
3.9. Data backup is not the subject matter of the contract. Equi Connections may, but need not, back up data such as the texts and information contained in ads.
4.Registration of a User Account
4.1. The User is required to register a user account in order to utilize certain services or to purchase certain products. This can be done, for example, by completing and submitting a registration form on the EquiConnections website.
4.2. The User is required to provide data truthfully and fully during registration. The users first name, last name, company name and VAT number must be correct. It is not permitted to use abbreviations, initials, pseudonyms, invented names or false details.
4.3. If the User’s data changes after having registered an account, he or she shall update the details immediately or, if this is not possible, notify EquiConnections of the changes immediately.
4.4. During the registration process, the User receives a verification code offered by EquiConnections. The User shall keep the verification code secret and keep it protected from access by third parties. It is not permitted to share the verification code with third parties. If the User mislays his or her verification code, or discovers or suspects that his verification code is being used by a third party, he or she must notify EquiConnections to this effect immediately.
4.5. EquiConnections reserves the right to reject the registration of the User without giving any reason. The contract between EquiConnections and the User comes into effect upon confirmation of registration or upon receipt of a message stating that registration is complete. The User and EquiConnections therefore agree that a contract shall come into being even without the User’s signature.
4.6. EquiConnections may make further use of the online platform dependent on the User confirming his or her registration to the online platform within a specific period not exceeding 72 hours, even after the contract has come into being. EquiConnections may especially request this if there are doubts as to the identity of the User. EquiConnections will inform the User of the need to confirm his or her registration on the online platform and/or by sending an email to the email address provided during the registration process.
4.7. The User may only create one user account. Likewise, only one user account per household (an economic group composed of several persons living together) may be created. It is only permitted to create a further account with the approval of EquiConnections. It is not permitted to circumvent this limitation, particularly by using different data. By registering, the User affirms that he or she has no other user account on the online platform of EquiConnections and that he or she has not been excluded from its use. User accounts are not transferable.
5.Content on EquiConnections
5.1. Users are given the opportunity to post content (texts, photos, information) themselves in the context of offers. The User is solely responsible for any content he or she posts on the online platform. Users may not post content that violates applicable law, infringes the rights of third parties, violates the principles of the protection of minors or transgresses standards of public decency. It is forbidden to specify value added service numbers (in particular 0900 and 0137 numbers).
5.2. The User undertakes in particular not to post and/or leave posted and/or use in the context of communication any of the following content:
Links to other websites or sales platforms; this applies even if only the address is named, without an active link;
Content that portrays material exclusively or only under another company name, brand name or other trade name or registered mark, unless the User has the right to publish such content;
Content containing the personal data of other Users or third parties;
Content that has already been deleted or blocked;
Content that is false and misleading.
Content that serves the purpose of advertising for commercial purposes, and especially for other websites and internet services.
5.3.It is also forbidden for the User to:
Send junk mail, spam mail or chain letters;
Call for rallies of any political orientation;
Harass other Users, for example by personally contacting them several times without or against the will of the other User, or promote or support such harassment;
Deliberately disrupt dialogue between other Users;
Pretend to be somebody else;
Link to other websites that breach these conditions.
5.4. EquiConnections is entitled to block, delete or refuse to use content that breaches these terms and conditions. EquiConnections shall not lose its entitlement to remuneration with regard to such services.
5.5. The User has no entitlement to the posting, unblocking or reposting of content. Regardless of these measures, EquiConnections reserves the right to terminate the contractual relationship.
5.6. If third parties or Users draw the attention of EquiConnections to unlawful or otherwise objectionable content, EquiConnections is entitled to block such content immediately and without informing the User beforehand. EquiConnections shall not lose its entitlement to remuneration with regard to such content.
6.Granting of Rights Concerning Posted Content
6.1. The User grants EquiConnections a worldwide, non-exclusive, transferable, royalty-free right to use in any way any and all of the content he or she has posted, in particular for the storage, duplication, dissemination and communication to the public.
6.2. The User permits EquiConnections to edit, redesign and translate posted content. This particularly applies in order to adapt posted content to the formats and presentation required to be able to use the content, to translate it or to improve the quality of the content. EquiConnections is also entitled to publish advertisements in or close to content posted by the User.
6.3. The rights of use shall be transferred permanently and irrevocably to EquiConnections by the User.
7.Indemnity
7.1. The User indemnifies EquiConnections from all and any claims of third parties and other Users lodged against EquiConnections due to content posted on the online platform by the User in the case that the User is responsible for the infringement. The indemnity covers, in particular, the cost of any legal defense that may be necessary, as well as compensation for damages.
7.2. In the event of claims against EquiConnections, the User is required to make available immediately, truthfully and fully, all information that EquiConnections requires in order to examine the claims and defend itself.
8.Ads on EquiConnections
8.1. EquiConnections provides an ad platform where Users may post ads containing descriptions, photos and contact details. Premium users can browse the platform of listed offers and view ads. Users are able to send an email to other Users requesting contact. Users also have the possibility to flag certain ads in a personal user account (“Add to watch list”), in order to retrieve them later.
8.2. With regard to the ad platform, EquiConnections merely provides technical services for handling Users’ offer management, and shall not itself be a party to any contracts subsequently concluded between Users.
8.3. The scope of services offered is determined by the actual offer on the online platform. Details about the services are set out on the online platform. The scope of services of chargeable services, which are, in particular, use of the platform as a Basic and Premium customer is set out separately in point 9 of these General Terms and Conditions.
8.4. EquiConnections endeavors to ensure appealing ads. Users are therefore required to accurately describe posted ads, and especially to state any known shortcomings or health issues. The User shall check the ads that he or she has posted at fourteen-day intervals to ensure that the details are up to date. If the subject of an ad has been sold or is otherwise no longer available for sale, the ad shall be deleted from EquiConnections immediately.
8.5. It is not permitted to offer several horses bundled together as a package in a single ad; they must be advertised individually. A horse may only be advertised once. This is also the case when an ad has already been placed by a third party. It is only permitted to post ads where the User is capable of concluding a legally enforceable contract on the purchase without delay.
8.6. The User may only post ads in accordance with the predefined classifications and categories. In addition, it is not permitted to post content with the aim of promoting one’s own or third-party sales or procurement of goods or services (advertising). In particular, it is not permitted to offer services and goods that do not fall under the predefined classifications and categories.
8.7. Offers may only be posted in one’s own name for items belonging to the User; they may not be posted for third parties.
8.8. Once ads have been posted, their essential characteristics may not be adapted; instead, they must be deleted and reposted, unless otherwise expressly agreed between the User and EquiConnections. In the case of horses, such characteristics are the horse’s gender (with the exception of: stallion to gelding), type and breed.
8.9. The User undertakes in particular not to post any of the following content and/or to keep such content posted and/or to use such content in communications:
Multiple goods and/or services within one ad, especially also bundled offers;
Multiple listings of the same goods and/or services within a category;
Ads containing goods and/or services that are no longer available for sale.
8.9. All ads will be automatically removed after a 6 month period.
9.Subscription options
Users of the EquiConnections platform have the option of a charged Basic subscription and a charged Premium subscription. Each subscription offers the User the following services:
a) Basic
EquiConnections gives Users the possibility to act as Basic customers. Basic customers can and are limited to listing and advertising an unlimited amount of sales horses. The use of EquiConnections as a Basic customer is subject to a charge that is listed on the online platform, unless otherwise agreed.
b) Premium
EquiConnections gives Users the possibility to act as Premium customers. Premium customers can list and advertise an unlimited amount of sales horses and use the search functions to find horses that meet their demands and criteria, and acquire the contact details of the owners of such horses. Select horses of interest can also be stored as favorites in order to retrieve them later. The use of EquiConnections as a Premium customer is subject to a charge that is listed on the online platform, unless otherwise agreed.
The following conditions apply additionally to these services: Basic and Premium accounts are non-transferable, and may not be used by several Users, except where it is used by representatives of the User.
(2) Termination
The contract for either Basic or Premium benefits is concluded for an indefinite period, and has the minimum contract term as agreed in each case. Where no minimum contract term was agreed, it shall be three months. The contract can be terminated at the end of the relevant contract month within the agreed notice period. Where no period of notice has been agreed, it shall be three months. The minimum contract term agreed in each case and the period of notice are displayed in the user account. Termination shall be made by the User in text form. EquiConnections may terminate the contract in written or text form. If the contract for Basic or Premium benefits is not terminated within the specified time, the contract for Basic and Premium benefits will be extended by the agreed period in each case. Where no period was agreed, the contract for Basic and Premium benefits will be extended by twelve months in each case.
10.Termination
10.1. In the absence of a more specific arrangement, the User may at any time terminate contracts for services with EquiConnections at the end of the calendar month by giving fourteen days’ notice; contracts in the context of a trial offer may be terminated at any time. An appropriate declaration in text form to EquiConnections suffices to terminate the contract.
10.2. EquiConnections may at any time terminate the contract in written or text form at the end of the month by giving fourteen days’ notice. This may be effected in written or text form.
10.3. Termination for good cause remains unaffected by the above periods of notice.
10.4. EquiConnections is in particular entitled to terminate the contract without notice for good cause if:
The User provided incorrect information during the registration process;
Several user accounts were used by one User;
Trial offers were used several times by the User;
The login details have been lost or there are grounds to suspect their misuse by a third party;
The User misuses the services of EquiConnections or the online platform;
The User violate the rights of third parties in connection with the use of the online platform;
The User has repeatedly received negative feedback, endangering the community of Users and their trust in this online platform, making it appear necessary to block the account in order to protect the other Users or safeguard their interests;
The User has breached these General Terms and Conditions in any other way.
10.5. Upon termination of the contract, the User’s profile and all of the User’s personal data on the online platform will be permanently removed within 24 hours – or blocked if there are retention requirements. Data required to assert claims under civil or criminal law against the User will not be deleted, insofar as these claims are in effect upon termination of the contract, nor will the data required for settlement (insofar as the User used chargeable services).
10.6. In the event of a termination by EquiConnections, the User is forbidden to re-register with the online platform.
10.7. If the termination by EquiConnections is based on a culpable breach of duty on the part of the User, EquiConnections may, in the case of existing fee-based contracts requiring a user account, claim damages amounting to the remaining fee up until the next ordinary right to terminate, which EquiConnections may, according to these terms and conditions, declare due in full at any time. This shall not apply if the User proves that no damages – or considerably lower losses – were incurred.
11.Prices
11.1. The prices referred to on the EquiConnections online platform are final prices, including applicable VAT. Prices are changed by changing the prices available on the EquiConnections platform. The new prices apply when the new prices are available on the EquiConnections platform.
11.2. Additional costs may be incurred due to internet connections. Where such costs are incurred, they shall be paid to the relevant internet provider. The amount will depend on the rate selected by the User. EquiConnections has no influence on the amount.
12.Trial Offers
Trial offers are applicable to new customers only. New customers are Users who did not have any contractual relationship with EquiConnections prior to accepting the trial offer and, in particular, have never before tested the services provided by EquiConnections. If a User gains unauthorised access to a trial offer (e.g. by re-registering or by giving false information), EquiConnections is entitled to immediately block the user account and to claim the normal charges applicable in the absence of conditions for new customers up until the next ordinary right to terminate the contract.
13.Invoicing and Payment
13.1. Invoices for EquiConnections customers will be made available to the User via his or her email address submitted as part of the subscription process.
13.2. Where stipulated in the contract, invoices may, on request, be sent by post to the User’s address for a fee.
13.3. The contractually agreed fee is payable by EquiConnections customers on the first work day of the calendar month for the previous calendar month (or part thereof). Otherwise, the contractually agreed fee is payable in advance, and at no charge to Equi Connections, immediately after invoicing. In the case of SEPA Direct Debit payments, the account will be debited within two work days of placing the invoice in the user account on EquiConnections or sending it via email. Equi Connections customers will be informed of the debit date in the invoice. The period for informing the User beforehand about the debit date is shortened to two days.
13.4. Payment may be made by SEPA Direct Debit, PayPal or credit card.
13.5. In the case of SEPA Direct Debit payments, the User shall bear any costs arising as a result of the return of a payment due to insufficient funds or due to the User having provided incorrect bank details.
14.Default in Payment
14.1. In the event of a default in payment by the User, EquiConnections is entitled to stop providing the service. The requirement to pay the fee continues to apply during the period of discontinued service provision due to the default in payment. In the event of a default in payment, EquiConnections is entitled to claim statutory default interest and other damage caused by delay and, in particular, commission third parties to collect the payment.
14.2. If the User
a) defaults on payment of the fee, or a large part thereof, for two consecutive months or
b) defaults on payment of the fee over several months, with the amount in default being equivalent to the fee for two months, EquiConnections may terminate the contractual relationship without notice.
14.3. In the event of termination, the User is required to pay damages amounting to the remaining fee up until the next ordinary right to terminate, which Equi Connections may, according to these terms and conditions, declare due in full at any time. This shall not apply if the User proves that no damages – or considerably lower losses – were incurred.
4.4. If the User is blocked due to a default in payment, EquiConnections is entitled to request an activation fee.
15.Right of Withdrawal
Consumers have a fourteen-day right of withdrawal.
Under the EU Directive 2011/83/EU on consumer rights (the "Consumer Rights Directive" –CRD), consumers have a right of withdrawal from consumer contracts concluded at a distance and consumer contracts concluded outside your business premises.
Information on the Right of Withdrawal
Right of Withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days, starting on the day when the contract was concluded. To exercise your right of withdrawal, you must notify us EquiConnections, Jan Visserhof 2a, 5709EA, Helmond, The Netherlands. Ph: +31 617194619 of your decision to withdraw from this contract by making a clear declaration to this effect (e.g. by posting a letter or sending an email).
In order to observe the withdrawal period, it suffices to send the notification of your exercise of the right of withdrawal before expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we shall repay to you all payments that we have received from you at the latest within fourteen days of the day on which we received the notification of your withdrawal from this contract. We shall use the same means of payment for making this repayment that you used for the original transaction, unless otherwise explicitly agreed with you;
we shall under no circumstances charge you a fee for this repayment.
If you requested the services to start during the withdrawal period, you shall pay us a reasonable amount which is in proportion to the extent of the service already provided up to the point when you notified us that you would exercise your right of withdrawal from this contract in comparison with the total extent of the services provided for in the contract.
Withdrawal
If you wish to withdraw from the contract, please contact us with your request via email or post stating your name, address and date the services were ordered/received. Use the following contact details: To: EquiConnections, Jan Visserhof 2A, Helmond, 5709EA, The Netherlands. email: info@equiconnections.com
16.Liability
16.1. In the event of a shortcoming, warranty rights are governed by Dutch statutory provisions.
16.2. Without prejudice to the above rules regarding warranty rights and the following limitations of liability, EquiConnections shall be liable without limitation for damage to life, limb or health due to a negligent or wilful breach of duty by its legal representatives or vicarious agents, as well as for damages which are covered by liability according to the Dutch Product Liability Act, and for all damages due to wilful or grossly negligent breaches of contract or fraudulent intent on the part of its legal representatives or vicarious agents.
16.3. EquiConnections shall also be liable for damages caused by simple negligence if and the extent to which this negligence concerns the breach of contractual obligations, adherence to which is of particular importance to achieving the purpose of the contract (referred to as cardinal duties). However, EquiConnections shall only be liable if the damage is typically related to the contract and is foreseeable. For the rest, EquiConnections shall not be liable in the event of breaches of non-material secondary obligations caused by simple negligence. The above limitations of liability also apply even if the liability for legal representatives, executive staff members or other vicarious agents is concerned.
16.4. Any further liability is excluded.
17.Place of Jurisdiction
If the User is a merchant, a legal entity under public law or a fund under public law, the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship is the place of business of EquiConnections. However, EquiConnections is also entitled to take legal action at the User’s general place of jurisdiction.
19.Amendment of these Terms and Conditions
19.1. EquiConnections reserves the right to change provisions of these General Terms and Conditions at any time and without stating any reasons, taking into account the requirements described below: EquiConnections shall send changes to the customer in written or text form to the email address or postal address stated by the User no later than two weeks before they come into effect. If the User does not object to the validity of the new General Terms and Conditions within two weeks of receiving notification, and if he or she continues to use the services, and especially services provided by EquiConnections, after the expiry of the objection period, the amended General Terms and Conditions are deemed to have been accepted. EquiConnections undertakes to refer separately to the significance of the two-week deadline in the notification containing the amended provisions.
19.2. If the User does not object to the validity of the new General Terms and Conditions within the deadline specified in the point above, EquiConnections remains entitled to ordinarily terminate the contractual relationship with the User with a notice period of two weeks.
20.Final Provisions
In the event that individual provisions of this user agreement are ineffective, the remaining provisions shall remain in effect.
