Terms and Conditions

 

General Terms and Conditions for use of the services of Döller Sporthorses, Patrick Döller, Döllerdamm 31, 49429 Visbek, Germany.

 

 

1. General / Scope

Döller Sporthorses, Patrick Döller, Döller Damm 31, 49429 Visbek, Germany (hereinafter also "Döller Sporthorses") operates an online portal on the internet under the domain www.horsescouting.com (hereinafter "portal"), including services in the form of the brokerage of horses for purchase / sale by third parties for a fee.

 

These General Terms and Conditions (hereinafter also "GTC") shall form the basis for the brokerage activity as well as for all legal relationships with the users of the portal (hereinafter also "user"). With registration on the portal, for example through the submission of a search or offer form, the user accepts these GTC.

 

These GTC apply exclusively; any terms and conditions contrary to or deviating from these GTC shall not be recognised unless their validity is expressly agreed in writing by Döller Sporthorses. These GTC also apply if the services are accepted without reservation in the knowledge of any terms and conditions of the user that are contrary to or deviate from these GTC.

 

 

2. Object of the services

The Döller Sporthorses portal offers registered users the opportunity to 

a. present horses they own for the purpose of sale via Döller Sporthorses to a market selected by Döller Sporthorses;
b. be presented, according to individual search criteria, horses from third parties non-binding for the purpose of purchase, without the establishment of a legal entitlement.

c. provide support, also on-site, in the practical search for a horse by preparing for / accompanying the purchase, without the establishment of a legal entitlement, within the scope of a so-called "full-service" to be defined in more detail in an individual contract.

 

Any purchase contracts shall be concluded directly between the respective users. Döller Sporthorses is not involved in any legal transactions concluded with respect thereto. This also applies to all transactions within the framework of the execution of a purchase contract. Neither is Döller Sporthorses involved as a party to the contract nor as a representative / vicarious agent in the brokered contracts. 

 

 

3. Brokerage scope of services and contractual relationship

Registered users are permitted to use the sale form on the portal to place horses that they own for sale / seek horses for purchase. This permission may be revoked. The placement of third-party-owned horses for sale is not permitted.

 

The user shall fill out the form provided on the portal completely and truthfully, otherwise the user shall be liable to Döller Sporthorses for any damages that may occur. This does not constitute a legal claim to an actual viewing of a placed horse through Döller Sporthorses, nor does it constitute a legal claim to the presentation of horses corresponding to the user's search criteria. 

 

The seller's personal information – with the exception of information on the specifications and characteristics of the horse – shall remain with Döller Sporthorses and will not be passed on to third parties, even those that are potential buyers. A passing on of such information shall only occur upon conclusion of a purchase contract in which Döller Sporthorses is not involved as a party to the contract.

 

With the transmission of the seller's personal data to Döller Sporthorses, the seller authorises Döller Sporthorses to contact them. Personal data may be deleted at any time; the seller must send an express declaration in text form to Döller Sporthorses.

 

The user gives Döller Sporthorses the revocable authorisation to make recognisable / make available and forward, to an indeterminate number of potential buyers, any video and/or photo material sent by him to Döller Sporthorses of the horse intended for sale. Döller Sporthorses hereby undertakes to treat the material discreetly within the scope of the brokerage activity carried out in this respect.

 

In the event that Döller Sporthorses deems the quality of the material provided to be insufficient, Döller Sporthorses is authorised by the seller to produce its own photo or video material of the horse and publish it accordingly, but is not obligated to do so.

 

The seller undertakes to make the horse advertised by Döller Sporthorses available to the potential buyer for a possible trial ride, and to present the horse under a rider upon request.

 

In connection with the conclusion of a purchase contract involving the horse brokered/verified by Döller Sporthorses, Döller Sporthorses provides the seller with the buyer's personal data or makes the seller's personal data available to the buyer.

 

A brokerage contract between the seller and Döller Sporthorses comes into effect with the confirmation of the use of the brokerage services of Döller Sporthorses in text form. The amount of the brokerage commission to be paid by the seller shall be 10% of the purchase price plus statutory value-added tax. The claim shall become due upon conclusion of the purchase contract if the conclusion of the purchase contract is based on the verification/brokerage activity of Döller Sporthorses. The seller shall inform Döller Sporthorses, without undue delay, of the parties to the purchase contract for the horse, the date of the contract, and the price.

 

The term of the brokerage contract is 4 weeks and is automatically extended 14 days unless one party terminates, in text form, with a notice period of one week before the end of the contract.

 

If the user, by the conclusion of the brokerage contract or during the existing contractual relationship with Döller Sporthorses, should have prior knowledge or obtain knowledge of the horse being offered, as well as the buyer's/seller's willingness to buy/sell said horse, they shall notify Döller Sporthorses of this without delay.

 

The activity of Döller Sporthorses ends with the conclusion of the contract.

 

All claims resulting from the purchase contract are to be settled between the seller and the buyer directly.  Such claims include primary obligations (handover of the horse and payment of the purchase price) but also secondary claims such as warranty rights for defects.

 

 

4. Scope of services and contractual relationship involving the purchase of a horse 

Registered users who are seriously interested in acquiring a sport horse may use the search request form on the portal to submit a search request.

 

The user must submit information that is truthful and complete, otherwise the user shall be liable to Döller Sporthorses for any damages that may arise.

 

The user's personal data remains with Döller Sporthorses and is not passed on to third parties, including sellers. The passing on of data shall only occur upon conclusion of a purchase contract in which Döller Sporthorses is not involved as a party to the contract.
With the transmission of the buyer's personal data to Döller Sporthorses, the buyer authorises Döller Sporthorses to contact them.

 

Personal data may be deleted at any time; the seller must request this with an express declaration in text form to Döller Sporthorses.

 

Döller Sporthorses sends the prospective buyer video and/or photo material of various horses for sale via link. The prospective buyer is prohibited from passing on to third parties, storing, or distributing this video and/or photo material in any other way.

 

The sending of video and/or photo material in no way represents an offer to conclude a contract. Döller Sporthorses therefore does not guarantee that the horse thus presented will remain available to the prospective buyer. In the event of serious interest in purchasing, Döller Sporthorses is, however, not obligated to assist in arranging an appointment to view and, if desired, try out the horse. 

 

No costs shall be incurred for the prospective buyer's use of these services unless another agreement has been concluded in advance between the prospective buyer and Döller Sporthorses. 

 

The prospective buyer has no claim against Döller Sporthorses for reimbursement of costs incurred through the use of the service, such as travel costs or lost work time.

 

 

5. Limitation of liability

Users shall have no claims for damages on any legal grounds whatsoever. Excluded from this are claims for damages by the User arising from injury to life, limb or health or from the breach of essential contractual obligations as well as liability for other damages based on an intentional or grossly negligent breach of obligations by Döller Sporthorses, its legal representatives, or vicarious agents.


Döller Sporthorses in turn excludes its liability, taking into account the above limitation of liability, in particular for:

lost profits, lost sales, lost purchases, lost revenue, lost savings.

 

All information on the horses offered for sale is based exclusively on the information provided/transmitted to Döller-Sporthorses by the prospective sellers. Döller Sporthorses assumes no liability for the accuracy and completeness of this information. Döller Sporthorses expressly reserves the right to broker a possible prior sale. 

 

 

6. Termination of the contractual relationship

Prospective buyers are free to withdraw from the contractual relationship with Döller Sporthorses at any time by informing Döller Sporthorses in text form that they no longer wish to receive information about a horse for sale.

 

The prospective seller must also notify Döller Sporthorses in text form if the horse is no longer to be offered for sale via Döller Sporthorses, taking into account the deadlines specified in 3. 

 

If an appointment to inspect and try out the horse has already been arranged with the prospective buyer, the prospective seller shall undertake to refrain from selling the horse elsewhere in the meantime. Otherwise, they shall be liable to Döller Sporthorses for any arising damages.

 

The prospective buyer must notify the prospective seller of the termination of the contract in text form no later than 48 hours before an inspection and trial appointment if such a date has already been agreed between the parties. Otherwise, they shall be liable to Döller Sporthorses for any arising damages.

 

 

7. Severability clause

Should any individual provisions of these General Terms and Conditions be or become invalid or unenforceable, the validity of the contract shall remain unaffected.

 

The invalid or unenforceable provision shall be replaced with a valid and enforceable regulation which most closely meets the economic objectives that the contractual parties pursued with the inclusion of the invalid or unenforceable provision. The above-mentioned provisions apply accordingly in the event that the contract proves to be incomplete.

 

 

8. Right of revocation (consumers)

Consumers have the right to withdraw from a contract with Döller Sporthorses through revocation within 14 days from the conclusion of the contract, on the precondition that this contract is a distance contract, i.e., means of distance communication were used exclusively for its conclusion. A separate revocation policy and a revocation form will be sent to the consumer upon conclusion of the contract.

 

 

9. Data privacy

User data collected in the course of processing contracts is subject to the provisions of the General Data Protection Regulation.

 

Without user consent, inventory and usage data is only collected, processed or used to the extent necessary for the fulfilment of the contractual relationship and for the use and billing of teleservices, and as specified in the data privacy policy.

 

The user's data shall not be used for purposes of advertising, market research, or opinion polling without the user's consent.

 

If the website of Döller Sporthorses allows for the submission of personal or commercial data such as email address, name, address, or telephone number, the user submits this data voluntarily. 

 

The user may request information on Döller Sporthorses' storage of their personal data, as well as demand the erasure of this data, at any time.

 

 

 

 

Revocation policy

 

 

1. Right of revocation

As consumer, you are entitled to a 14-day revocation period during which you may withdraw from this contract without giving reason, with the precondition that this contract is a distance contract as defined in § 312c BGB (where means of distance communication were used exclusively for the negotiation and conclusion of the contract) and that you are a consumer as defined in § 13 BGB.

 

A consumer is, accordingly, any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to their commercial nor to their self-employed professional activity.

 

 

2. Revocation period

The 14-day revocation period begins with the day of the conclusion of the contract unless you have agreed to other arrangements.

 

 

3. Exercise of revocation

The exercise of your right to revocation requires a clear declaration (e.g. sent by mail, fax or email) of your wish to do so. The revocation declaration need not contain a reason.

 

This revocation declaration is to be sent to:

Döller Sporthorses
Patrick Döller
Döller Damm 31
49429 Visbek

Telephone: +49 170 5453841
Fax: 
E-Mail: info@doeller-sporthorses.com

 

You may use the revocation form provided for this purpose, however you are not required to do so.

 

For compliance with the 14-day revocation period it is sufficient that you send your declaration of revocation to us before the expiry of the 14-day period. 

 

 

4. Consequences of revocation

All payments that we have received from you shall be reimbursed without delay and no later than 14 days from the day that we receive your declaration of revocation.

 

Reimbursement shall be carried out using the same payment method that you used for the original transaction, unless you have agreed to other arrangements.

 

You shall incur no costs for reimbursement.

 

If you have expressly requested that services should begin before expiry of the 14-day revocation period, you must pay us a reasonable amount for the services provided – corresponding to the proportion of the services already provided in comparison to the total scope of services specified in the contract – until the time that you exercised your right of revocation.

 

 

5. Loss of the right of revocation

Your right of revocation becomes void if we have begun to provide services with your express consent before the expiry of the 14-day revocation period and our services were completed before the expiry of this revocation period.

 

6. Signature

I hereby declare that I have read the revocation policy.


_______________                _______________________________
Place, Date                         Signature of Principal

 

 

7. Optional: Express declaration for immediate commencement of services

Noting the above revocation policy, I expressly request that Döller Sporthorses commence services prior to the expiry of the revocation period. I am aware that in this case I shall be required to pay for services already provided when exercising my right of revocation, and that I lose my right of revocation upon complete fulfilment of the contract by Döller Sporthorses.


_____________________                ______________________________
Place, Date                                       Signature of Principal


 

Revocation form

(If you wish to revoke the contract concluded with us, please fill out this form and return it to us at the address below.)

 

Send this form to

Döller Sporthorses
Patrick Döller
Döller Damm 31
49429 Visbek

Telephone: +49 170 5453841
Fax: 
E-Mail: info@doeller-sporthorses.com

 

Dear Ladies and Gentlemen,

I/We* hereby revoke the contract concluded with you. 

Contract signed on: _____________________________________________

Revoking party/parties* (first and last name): _________________________________

Address of the revoking parties*: __________________________________________

__________________________         ____________________________________
Place, date                                          Signature of the revoking party/parties*  

(for paper communication only)

 

 

*Please cross out inapplicable wording