Terms and Conditions and Customer Information

General terms and conditions of the online shop www.fantasy-horse.com

I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions (hereinafter "GTC") apply to all contracts that you (hereinafter "customer") conclude with me as a provider (hereinafter "seller") via the website www.fantasy-horse.com. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
My offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are then displayed again on the order overview page.
Before sending the order, you have the option of checking all the information again, changing it (also using the "back" function of the internet browser) or canceling the purchase.
By sending the order via the "Place order" button, you submit a binding offer to me.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of a contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or the delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(4) Your requests for the preparation of an offer are non-binding for you. I will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Color designations and sizes
(1) The color designations and sizes given in my publications (catalog, internet, etc.) are not subject to any standards. The same applies to the size information on the textile labels. Conclusions on specific dimensions or generally applicable color ideas are not possible on the basis of this information and do not justify any complaints.

§ 4 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain my property until the purchase price has been paid in full.

§ 5 image rights
(1) All image rights on the website www.fantasy-horse.com are owned by me or my partners. Use without express permission is prohibited.

Section 6 Liability
(1) I am fully liable for damages resulting from injury to life, limb or health. Furthermore, I am liable without restriction in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the assumption of a guarantee for the condition of the object of purchase and in all other legally regulated cases.
(2) Liability for defects within the framework of the statutory warranty is based on the relevant regulation in my customer information (Part II).
(3) Insofar as essential contractual obligations are affected, our liability for slight negligence is limited to the foreseeable damage that is typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on me according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.
(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(5) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the service offered there.

§ 7 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Sales Convention expressly do not apply.
(3) The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr.
I am neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

§ 8 Offsetting
8.1 The customer can only offset claims that are undisputed or legally established.

II. Customer Information

1. Identity of Seller
Milena Strasikova, Eisenbergstrasse 5, 09488 Thermalbad Wiesenbad Email: gifts@fantasy-horse.com

Tax number: 21727901105

VAT ID: DE347685858

2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 and § 3 of my General Terms and Conditions (Part I.).

3. Contract language, contract text storage
3.1. Contract language is German.
3.2. When submitting an offer via the online order form, I will
save the text of the contract after the conclusion of the contract and you
after sending his order in text form (e.g. e-mail, fax or letter)
to transfer. Any further access to the text of the contract by
me does not happen.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer by e-mail, which you can print out or save electronically.

4. Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the item description and the additional information on my website.

5. Prices and terms of payment
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components. According to § 19 UStG no sales tax will be charged.
5.2. The shipping costs are not included in the purchase price. The shipping costs can be called up via a correspondingly designated button on our website or in the respective item description, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free shipping has been promised.
5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective item description.
5.4. If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties agree on a later due date
have.
5.5 When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie,
SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement- full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5.6 The goods will only be dispatched once the entire invoice amount has been received. If items cannot be delivered, they will be delivered later or the price will be refunded.
5.7 Fees may apply for transfers from abroad. The customer has to bear these fees and I may have to invoice them if my bank charges us fees.
5.8. You agree that you will only receive invoices and credit notes in electronic form.
5.9 I will automatically initiate any repayments to the account you used for payment. When paying in advance, the return transfer will be directed to the account from which the transfer was made. If you paid via Paypal, the refund will be made to the associated Paypal account.

6. Promotional vouchers and their redemption
6.1 Promotional vouchers are vouchers that cannot be purchased, but which I issue as part of advertising campaigns with a specific period of validity.
6.2 Promotional vouchers can only be redeemed within the specified period and only once as part of an order process. Promotional vouchers are automatically deducted from your bill if the voucher code is entered when ordering. Individual products may be excluded from the voucher campaign. Promotional vouchers cannot be used to purchase gift vouchers. Gift vouchers do not count towards shipping costs. Please note that promotional vouchers may be linked to a minimum order value.
6.3 The value of the goods must be at least equal to the amount of the promotional voucher. A difference to a higher value of goods can be compensated with the offered payment options. The value of a promotional voucher is neither paid out in cash nor does it earn interest. The promotional voucher will not be refunded if goods are returned in whole or in part.
6.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible. Multiple promotional vouchers cannot be combined unless we have agreed otherwise.
6.5 If you used a promotional voucher for your purchase, I reserve the right to charge you the original price of the goods you keep if - due to your cancellation - the total value of the order falls below the respective value of the promotional voucher or this is equivalent to.

7. Gift Certificates and their redemption
7.1 Gift vouchers are vouchers that you can purchase. These can only be redeemed for the purchase of Fantasy Horse items, not for the purchase of further gift vouchers. Gift vouchers do not count towards shipping costs. If the credit on a gift voucher is not sufficient for the order, the difference can be made up with the payment options offered.
7.2 Gift vouchers and credit can only be redeemed before completing the ordering process. The balance of a gift voucher is neither paid out in cash nor does it earn interest.

8. Terms of delivery and shipping
8.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on my website or in the respective item description.
8.2. Goods are delivered to the delivery address specified by you, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
8.3. If the transport company sends the shipped goods back to me because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance had. Furthermore, this does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
8.4. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
8.5. Please note that I am exceptionally not obliged to deliver the ordered goods if I have ordered the goods properly, but have not been supplied correctly or on time (congruent hedging transaction). It is also a prerequisite that I am not responsible for the lack of availability of the goods and that I have informed you of this circumstance immediately. In addition, I must not have assumed the risk of procuring the ordered goods. If the goods are not available, I will immediately reimburse you for payments already made.
8.5. Pickup is not possible for logistical reasons.
8.6. Vouchers are given to the customer as follows:
- by email
- postal

9. Special conditions for the processing of goods according to specific customer specifications
9.1 If, according to the content of the contract, the seller also owes the processing of the goods in accordance with specific specifications of the customer in addition to the delivery of the goods, the customer has
provide the operator with all content required for processing, such as text, images or graphics in the file formats, formatting, image and text formats specified by the operator
to make file sizes available and to grant him the necessary rights of use. For the procurement and acquisition of rights to this content is alone
the customer responsible. The customer declares and assumes responsibility for having the right to use the content provided to the seller. He wears
In particular, ensure that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
9.2 The customer shall indemnify the seller against claims by third parties which the latter may assert against the latter in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or
offend against good manners. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

10. Statutory liability for defects
10.1 The warranty period is 2 years. The period begins at the time of the transfer of risk. The risk passes when the goods are handed over or if the customer is in default of acceptance (§ 446 BGB).
10.2 There is no defect if the deviation is insignificant or only insignificantly affects the usability of the goods. Furthermore, there is no defect in the case of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling of the goods.
10.3 Otherwise, the statutory provisions apply to liability for defects.
10.4. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
10.5. I do not assume any guarantee for the specified quality of the goods within the meaning of § 443 BGB. Any guarantees granted by the manufacturer remain unaffected and are determined exclusively by the guarantee declaration handed over to the customer with the goods.

11. Cancellation policy
11.1. As a consumer, you have the right to withdraw from this contract within 14 days without giving a reason. The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must

Fantasy Horse - Milena Strasikova
Eisenbergstrasse 5
09488 Wiesenbad thermal baths
Germany
Phone: 49 01525/7001044
Email: gifts[at]fantasy-horse.com

by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. All returned goods should urgently be accompanied by an invoice with a cancellation form.

11.2. If you revoke this contract, I have given you all payments that I have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by me have), immediately and at the latest within 14 days from the day on which I received the notification of your cancellation of this contract. For this repayment, I use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. I can refuse repayment until I have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.

11.3. You must send the goods back to me at the above address immediately and in any case no later than 14 days from the day on which you inform me of the cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired.

11.4. In the event of a cancellation or a complaint, you can return the goods to Fantasy Horse free of charge. We will be happy to provide you with a return label for free returns. If necessary, write to our e-mail address gifts@fantasy-horse.com. If the goods are returned freight collect, I have to charge you for the shipping costs incurred. The shipping costs are proven by an invoice from the parcel service provider commissioned with the freight collect return.

11.5. You only have to pay for any loss in value of the goods if this loss in value is due to an extent that is not necessary to check the nature, properties and functioning of the goods.

11.6. Furthermore, you are not entitled to the right of cancellation in the case of contracts for the delivery of goods for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer.

Sample cancellation form
If you want to revoke the contract, please fill out this form and send it back to Fantasy Horse - Milena Strasikova, Eisenbergstraße 5, 09488 Thermalbad Wiesenbad, Germany
Email: gifts[at]fantasy-horse.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods:
Ordered on (*)/received on (*): _____________________________________________
Name of consumer(s): _____________________________________________
Address of consumer(s): _____________________________________________
Signature of the consumer(s) (only if notified on paper): __________________
Date: ___________________

(*) Delete where not applicable. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

12. 30 Day Redemption Promise

12.1. Irrespective of your statutory right of withdrawal, I voluntarily grant you, as a consumer, the following promise of return:

All items from my shop www.fantasy-horse.com can be returned to me within 30 days of receipt of the goods, provided the goods are complete and in unused and undamaged condition. If the goods were delivered in sales packaging, they must still be in this packaging. The timely dispatch of the goods is sufficient to meet the deadline.

The goods are to be returned to:

Fantasy Horse - Milena Strasikova

Eisenbergstrasse 5

09488 Wiesenbad thermal baths

If you make use of this take-back promise, I will reimburse you for the purchase price you have already paid, but not for the outward and return shipping costs. You bear the transport risk.

This take-back promise in no way restricts your statutory rights and thus in particular not the statutory right of withdrawal.

13. Use of customer data / consent to the transfer of telephone number and e-mail address to transport/forwarding companies
13.1 With regard to all data relating to the business relationship with the customer, the data protection regulations available on the seller's website apply.

last update: 27.12.2022