Terms of service

 

General Terms and Conditions (G&C)

Overview
This website is operated by Horseheim. Throughout the site, the terms “we”, “us” and “our” refer to Horseheim. Horseheim offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 – Scope and Formation of Contract
These General Terms and Conditions (G&C) apply to all orders placed by customers via the online shop of HEMARU GmbH (hereinafter referred to as "we" or "Horseheim").
The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to treat (an unbinding online catalog). By clicking the order button, the customer places a binding order for the goods contained in the shopping cart.
The purchase contract is only concluded when we confirm your order by a separate declaration of acceptance via email or by dispatching the goods. A mere confirmation of receipt of the order (order confirmation) does not yet constitute an acceptance of the offer.

Section 2 – General Conditions
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 – Prices and Payment Terms
The prices stated in our online shop are final prices and include the statutory German value-added tax (VAT) as well as other price components. Shipping costs, if applicable, will be displayed separately.
The price indicated at the time of the order shall apply to the correctness of the prices. Price changes after the conclusion of the contract are excluded. In the event of obvious system errors or pricing mistakes, we reserve the right to rescind the contract in accordance with statutory provisions (§ 119 of the German Civil Code - BGB).

Section 5 – Statutory Warranty Rights (Gewährleistung)
The statutory liability for defects (warranty right) of the Federal Republic of Germany applies to all goods offered in our shop. The customer is entitled to the statutory warranty rights (subsequent performance, rescission, or reduction).
Minor color deviations between the product images displayed on the screen and the delivered goods are due to technical reasons and do not constitute a defect, provided they are reasonable for the customer.

Section 6 – Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Refunds Policy:  https://horseheim.com/policies/refund-policy

Section 7 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 – Third-Party Links
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 – User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://horseheim.com/policies/privacy-policy

Section 11 – Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 – Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 – Limitation of Liability
We shall be liable without limitation for damages resulting from injury to life, body, or health caused by a intentional or negligent breach of duty by HEMARU GmbH or our legal representatives or vicarious agents.
For other damages, we shall only be liable if they are based on an intentional or grossly negligent breach of duty on our part.
In the event of a breach of essential contractual obligations (cardinal obligations), we shall also be liable in cases of slight negligence, but limited to the foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.
The provisions of the Product Liability Act (Produkthaftungsgesetz) remain unaffected.

Section 14 – Indemnification
You agree to indemnify, defend and hold harmless Horseheim and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 – Severability Clause
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and predictability of any other remaining provisions.

Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These General Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these General Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these General Terms and Conditions, we also may terminate this agreement at any time without notice. In such event, you will remain liable for all amounts due up to and including the date of termination and/or we may deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision. These General Terms and Conditions and any policies or operating rules posted by us on this website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the General Terms and Conditions). Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.

Section 18 – Governing Law
See Section 20.

Section 19 – Changes to the General Terms and Conditions
(1) We reserve the right to amend these General Terms and Conditions with effect for the future, provided that this is necessary due to changes in legislation or technical developments.
(2) Changes will be communicated to the customer in text form (e.g., via email) in advance. The changes shall be deemed approved unless the customer objects to them within four weeks after receipt of the notification. We will explicitly point out this right of objection in the notification.

Section 20 – Governing Law and Jurisdiction
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If you place an order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory statutory provisions of that country shall remain unaffected by the choice of law made in sentence 1.

Section 21 – Provider Identification / Contact
Questions about the General Terms and Conditions should be directed to us.

HEMARU GmbH
Röttgen 173
42109 Wuppertal
Germany
Managing Director: Dr. Sang Woon Yeo
Phone: +49 202 4299 6607
Email: info.horseheim@gmail.com
Commercial Register: Local Court (Amtsgericht) Wuppertal, HRB 25014
VAT Identification Number: DE289496589