DeutschGeneral Terms and Conditions
Status November 2024
§ 1 Scope, Definitions
(1) WSW Profiltechnik GmbH, Alte Gissigheimer Str. 5, 97953 Königheim, Germany (hereinafter referred to as “we” or “WSW Profiltechnik GmbH”) operates an online shop for goods at www.equistair.de. The following terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in their version valid at the time of the order, unless otherwise expressly agreed.
(2) A “consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. A “business” is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.
§ 2 Conclusion of Contracts, Storage of Contract Text
(1) The following provisions on the conclusion of a contract apply to orders placed via our online shop at www.equistair.de.
(2) Our product representations on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following rules apply: The customer submits a binding contract offer by successfully completing the order procedure provided in our online shop. The order process includes the following steps:
- Selection of the desired product(s),
- Adding the product(s) by clicking the appropriate button (e.g., “Add to Cart” or similar),
- Reviewing the information in the shopping cart,
- Accessing the order overview by clicking the appropriate button (e.g., “Proceed to Checkout” or similar),
- Entering/verifying address and contact details, selecting the payment method, confirming the terms and conditions and withdrawal policy,
- Confirming the negative characteristics agreement if the agreed characteristics of the goods deviate from their usual properties and use requirements,
- Completing the order by pressing the “Buy Now” button. This constitutes your binding order.
- Receipt of the order is confirmed by an automated email from WSW Profiltechnik GmbH to the customer (order confirmation). This order confirmation does not yet constitute acceptance of the customer’s offer but merely confirms receipt and further processing.
- The contract between the seller and the customer is concluded upon dispatch of the goods. In the exceptional case that no dispatch confirmation is sent, the contract is concluded no later than upon receipt of the goods by the customer. If goods from an order are shipped separately, a purchase contract for each item is concluded upon dispatch confirmation or upon receipt of the individual item by the customer.
(4) In the event of a contract being concluded, the contract is concluded with WSW Profiltechnik GmbH, Alte Gissigheimer Str. 5, 97953 Königheim, Germany.
(5) Before placing the order, the contract data can be printed or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, particularly order details, terms and conditions, and withdrawal policy, is carried out by email after you have placed the order, partially automated. We do not store the contract text after the conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the “Back” button of the browser). They can also be corrected by terminating the order process prematurely, closing the browser window, and restarting the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, partially automated. This includes, in particular, the order confirmation, the terms and conditions, and the withdrawal policy. These documents are transmitted in a manner that allows you to save them permanently (e.g., as a PDF or text in the email). It is your responsibility to ensure that the email address you provide to us is correct, that the receipt of emails is technically ensured, and that they are not blocked by spam filters.
§ 3 Subject of the Contract and Essential Characteristics of the Products
(1) The subject of the contract in our online shop is:
- The sale of goods. The specific goods offered can be found on our product pages.
(2) The essential characteristics of the goods can be found in the product description. If the agreed characteristics of the goods deviate from their usual properties and use requirements, this is explicitly indicated in the product description (negative characteristics agreement). If the customer has expressly agreed to the negative characteristics agreement, this defines the subject of the contract.
(3) Please note that the “EquiStair® stirrup” or the “EquiStair® stirrup set” is intended exclusively for recreational riding and must not be used for show jumping or competitions. Use the extension function of the EquiStair® stirrup solely for mounting a horse. During riding, the lower footplate must not be extended. Regularly check the functionality and ensure that the magnets holding the lower footplate and all other components are clean. If the stirrup is damaged or no longer functional, it must not be used. Additionally, please observe the general safety guidelines for riding, including wearing appropriate riding attire and proper behavior around horses.
§ 4 Prices, Shipping Costs, and Delivery
(1) The prices listed in the respective offers, as well as the shipping costs, are total prices and include all price components, including all applicable taxes.
(2) The respective purchase price is to be paid prior to the delivery of the product (advance payment), unless we explicitly offer purchase on account. The payment methods available to you are listed under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due immediately.
(3) In addition to the prices indicated, shipping costs may apply for the delivery of products unless the respective item is listed as free of shipping costs. The shipping costs will be clearly communicated to you again during the ordering process, in the shopping cart system, and in the order overview.
(4) All offered products are, unless clearly stated otherwise in the product description, ready for immediate dispatch (delivery time: 3–4 business days / 7–10 business days for personalized laser engraving after receipt of payment).
(5) Delivery Restrictions:
We deliver to the following countries: Germany, Austria, France, Netherlands, Belgium, Spain, Italy, Luxembourg.
(6) Customs Duties and Import Taxes:
All listed prices include all taxes, including VAT. No additional customs duties or import taxes are incurred as delivery is within the European Union.
(7) Shipping Costs:
In addition to the listed prices, shipping costs may apply unless the respective item is marked as free of shipping costs. These will be clearly displayed during the ordering process, in the shopping cart system, and in the order overview.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the full purchase price has been paid.
§ 6 Right of Withdrawal
As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day you, or a third party named by you who is not the carrier, have taken possession of the goods.
The complete withdrawal policy, including return conditions and a sample withdrawal form, can be found on our website under Cancellation policy or in the Return Instructions section.
No printed withdrawal policy is included with the order.
In the event of a withdrawal, the buyer is responsible for covering the return shipping costs, unless the delivered product is defective or does not match the description.
This rule applies to all countries of delivery unless mandatory national laws in the customer’s country of residence require the seller to cover the return costs.
You may use the sample withdrawal form provided on the website or submit your withdrawal in text form via email.
§ 7 Contract Language
The contract language is exclusively German. For international orders, an English translation of the terms and conditions may be provided as a supplement. In case of discrepancies, the German text is authoritative.
§ 8 Liability
(1) We are always fully liable for claims for damages caused by us, our legal representatives, or our vicarious agents: For injury to life, body, or health; for intentional or grossly negligent breaches of duty; for guarantee commitments, if agreed; or if the scope of the Product Liability Act is applicable.
(2) For the violation of essential contractual obligations whose fulfillment enables the proper execution of the contract and on whose compliance the contractual partner may regularly rely, our liability is limited to the foreseeable, contract-typical damage if such damage was caused by slight negligence.
(3) All other claims for damages are excluded.
(4) The buyer is obligated to use the product properly in accordance with the included usage instructions. The seller assumes no liability for damages caused by improper use of the product. This includes, in particular:
- accidents due to slipping or entanglement in the steel cable or stirrup, especially if the horse suddenly moves;
- use of the product during riding with an extended footplate;
- non-compliance with safety instructions.
(5) The buyer is obligated to regularly check the product for damage, wear, or functional impairments and to discontinue use in the event of any detected issues.
(6) The EquiStair® is intended exclusively for private use and recreational riding. It must not be used for show jumping or other equestrian competitions.
(7) The seller is not liable for damages caused by the behavior of the animal during the use of the product unless these are based on intentional or grossly negligent behavior by the seller.
(8) The seller assumes no liability for consequential damages resulting from the use of the product in non-recommended environments, including use on slippery surfaces, in extreme weather conditions, or in other unsuitable environments.
§ 9 Warranty/Customer Support
(1) The warranty is governed by statutory provisions.
(2) For businesses, the warranty period for delivered items is 12 months.
(3) Consumers are asked to check the goods for completeness, obvious defects, or transport damage upon receipt. Complaints should be reported to us and the carrier as soon as possible. Failure to do so does not affect your statutory warranty rights.
(4) The seller assumes no warranty for damages caused by improper handling, non-compliance with safety instructions, or failure to follow care instructions.
(5) For questions, complaints, or concerns, please contact our customer support. Contact details can be found on our website.
§ 10 Final Provisions/Dispute Resolution
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence (favorability principle).
(2) The provisions of the UN Sales Convention do not apply.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.
(4) The European Commission provides a platform for online dispute resolution (ODR), which can be found at https://ec.europa.eu/consumers/odr . The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
(5) Should any provision of these terms and conditions be invalid or unenforceable, the remainder of the contract remains valid. In place of the invalid provision, the applicable statutory provisions shall apply.
(6) The seller is not liable for delays or damages caused by force majeure (e.g., natural disasters, strikes, or official measures).