Terms of service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period during which the consumer can exercise their right of withdrawal;

• Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

• Day: calendar day;

• Duration transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligations of which are spread over time;

• Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;

• Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

• Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusively using one or more means of distance communication;

• Means of distance communication: any means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same location;

• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Happy Colour Equestrian Design
Dorpsstraat 23A, 1546 LD, Jisp
Email address: info@happycolourdesign.com
Chamber of Commerce number: 81605218
VAT identification number: Due to privacy reasons, it is not mandatory to mention this. It is only available upon request. Thank you for your understanding.

Article 3 – Applicability

These general terms and conditions apply to every offer by the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s business location and will be sent free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, deviating from the previous paragraph and before the contract is concluded, the text of these general terms and conditions may be made available electronically to the consumer in such a way that the consumer can easily store it on a durable data carrier. If this is reasonably not possible, it will be indicated before the contract is concluded where the terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise upon request.

If, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 apply accordingly and in case of conflicting terms the consumer may always invoke the provision most favorable to them.

If one or more provisions of these general terms and conditions are wholly or partially null or void at any time, the agreement and these terms and conditions will remain in effect for the remainder. The relevant provision will be replaced by a provision that approximates the original intent as closely as possible by mutual consultation.

Situations not regulated by these general terms and conditions will be assessed according to the spirit of these terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions will be interpreted according to the spirit of these general terms and conditions.

Article 4 – The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to claims for damages or dissolution of the contract.

Product images are a truthful representation of the offered products. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are connected to accepting the offer, including in particular:

• the price including taxes;

• any shipping costs;

• how the contract will be concluded and which actions are required;

• whether or not the right of withdrawal applies;

• the method of payment, delivery, and execution of the contract;

• the term for acceptance of the offer or the period during which the entrepreneur guarantees the price;

• the cost of using means of distance communication if these costs are calculated differently from the regular basic rate;

• whether the contract will be archived after conclusion and, if so, how the consumer can consult it;

• how the consumer can check and, if desired, correct data provided prior to concluding the contract;

• any other languages in which the contract can be concluded besides Dutch;

• the codes of conduct the entrepreneur adheres to and how the consumer can consult these electronically;

• the minimum duration of the distance contract in case of a duration transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The contract

The contract is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. Until this confirmation has been sent, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure electronic data transmission and ensure a secure web environment. If electronic payment is possible, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal limits, verify whether the consumer can fulfill payment obligations and all facts and factors relevant for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to conclude the contract based on this, they may refuse or impose special conditions.

The entrepreneur will provide the consumer with the following information in writing or on a durable data carrier:

a. the entrepreneur’s business address where complaints can be addressed;
b. conditions and procedures for exercising the right of withdrawal or a clear statement if the right is excluded;
c. information about warranties and after-sales service;
d. the data mentioned in article 4 paragraph 3, unless already provided before execution of the contract;
e. conditions for terminating the contract if it lasts more than one year or is indefinite.

For duration transactions, this applies only to the first delivery.

Each contract is concluded subject to sufficient availability of the products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the right to dissolve the contract without giving reasons within 14 days. This period starts the day after the consumer or their authorized representative receives the product.

During the cooling-off period, the consumer will handle the product and packaging carefully. They will only unpack or use it to the extent necessary to assess if they want to keep it. If exercising the right of withdrawal, the product with all accessories and, if reasonably possible, in original condition and packaging must be returned following the entrepreneur’s reasonable and clear instructions.

To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days after receiving the product, preferably in writing or by email. After notifying, the product must be returned within 14 days. The consumer must prove timely return, e.g., by proof of shipment.

If the consumer does not notify or return the product within these terms, the purchase is considered final.

Article 7 – Costs in case of withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs are at the consumer’s expense.

If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but no later than 14 days after withdrawal, provided the product has been received or proof of return is presented.

Article 8 – Exclusion of right of withdrawal

The entrepreneur can exclude the right of withdrawal for products and services as described in paragraphs 2 and 3, only if clearly stated in the offer or timely before the contract is concluded.

Exclusion applies to products that:

a. are made according to consumer specifications;
b. are clearly personal in nature;
c. cannot be returned due to their nature;
d. can spoil or age quickly;
e. have prices tied to market fluctuations beyond the entrepreneur’s control;
f. are loose newspapers or magazines;
g. are audio, video recordings, or software with broken seals;
h. are hygienic products with broken seals.

Exclusion applies to services that:

a. concern accommodation, transport, catering, or leisure on a specific date or period;
b. started with consumer consent before the cooling-off period ended;
c. concern bets and lotteries.

Article 9 – The price

During the validity period stated in the offer, prices will not be increased except for VAT changes.

Prices subject to financial market fluctuations may be variable and indicated as such.

Price increases within 3 months of contract formation are only allowed by law.

Price increases after 3 months are only allowed if agreed and either due to legal provisions or the consumer can terminate the contract with immediate effect.

Prices include VAT.

All prices are subject to printing and typing errors; no liability for these errors. The entrepreneur is not obliged to deliver products at incorrect prices.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that products and/or services comply with the contract, the offer specifications, reasonable requirements of quality and usability, and applicable laws at the time of contract formation. If agreed, the entrepreneur also guarantees suitability for non-normal use.

Manufacturer or importer warranties do not affect the consumer’s legal rights.

Defects or incorrect deliveries must be reported in writing within 14 days. Returns must be in original packaging and condition.