Terms and Conditions
1.1 These General Terms and Conditions apply to all offers of Ponymusthaves.nl and to all agreements entered into with Ponymusthaves.nl.
1.2 In addition to these General Terms and Conditions, if explicitly indicated, Additional Terms and Conditions may apply to certain services and / or products.
1.3 The provisions of these General Terms and Conditions can only be deviated from if this has been explicitly agreed in writing and in which case the other provisions of these terms and conditions remain fully in force.
1.4 If the Buyer also refers to his general terms and conditions, those terms and conditions do not apply unless expressly stated in writing by Ponymusthaves.nl. has been agreed.
1.5 "Buyer" is understood to mean any visitor to the website or any natural person or legal person who is or will be in a contractual relationship of any kind with Ponymusthaves.nl.
1.6 Ponymusthaves.nl. reserves the right to adjust these conditions to legal standards of the Netherlands.
1.7 By using the Ponymusthaves.nl website and / or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the website.
2. Offers and formation of agreements.
2.1 Offers are valid while stocks last. For offers via the website, this is made known or by telephone, by fax, or by e-mail.
2.2 A personal offer has a validity period of 2 weeks, unless a different period is stated in the offer.
2.3 An agreement is concluded the moment an order confirmation is handed over to the Buyer by e-mail or mail has been sent to the e-mail address or main address specified by the Buyer.
2.4 The Buyer and Ponymusthaves.nl explicitly agree that by making use of electronic forms of communication, a valid agreement is established as soon as the conditions in Article 2.1 and 2.3 have been met. In particular, the lack of an ordinary signature does not affect the binding force of the offer and the acceptance thereof. The electronic files of Ponymusthaves.nl will, insofar as the law permits, count as a presumption of evidence.
2.5 Information, images, announcements provided verbally, by telephone or by e-mail, and statements of applicability with regard to all offers and the most important characteristics of the products are given or reproduced as accurately as possible. However, Ponymusthaves.nl does not guarantee that all offers and products are fully in accordance with the given information or applicability. Deviations cannot, in principle, lead to compensation and / or dissolution.
3.1 All prices are expressed in Euros, in accordance with the relevant legal provisions, and include sales tax.
3.2 Special offers are only valid for the period of validity as stated with that offer. This statement is printed or is mentioned on the website with regard to that special offer. These periods always correspond to each other.
3.3 The Buyer owes the price that Ponymusthaves.nl has communicated to it in its confirmation in accordance with article 2 of these conditions. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by Ponymusthaves.nl after the conclusion of the agreement.
3.4 Delivery costs are not included in the price.
3.5 Extra costs will be charged when returning the complete delivery without giving a reason or consultation!
4.1 Orders via the website can be paid in the following ways: Ideal or pay in advance.
Ponymusthaves.nl can expand the payment options in the future. Other payment options will be made known via the website or via a written notification from Ponymusthaves.nl.
4.2 In the event that a payment term has been agreed by Ponymusthaves.nl, the Buyer will be in default by the mere expiry of this term.
Payment terms can only be agreed in writing under conditions to be set and agreed upon.
4.3 In the event of late or late payment, the additional costs are always borne by the buyer.
4.4 The Buyer is also responsible for all (extra) judicial costs of any nature whatsoever that Ponymusthaves.nl had to incur as a result of the Buyer's failure to fulfill its (payment) obligations. Ponymusthaves.nl authorized to terminate the agreement with immediate effect or to suspend (further) delivery until the moment that the Buyer has fully complied with the payment obligations, including the payment of interest and costs.
5. Delivery and delivery time.
5.1 Orders will be delivered as fast as possible. In principle, Ponymusthaves.nl strives to ship orders within 1 working day. Said delivery time only serves as an indication and never counts as a strict deadline. Ponymusthaves.nl. may state further information regarding delivery times on the website or otherwise make it known in writing. Such information is only of an indicative nature. The maximum delivery time will be 30 days unless otherwise agreed. If this delivery time is not feasible, we will inform you accordingly. You then have the right to terminate the agreement. Amounts already paid will be credited as soon as possible, but within 30 days.
5.2 If a product that is temporarily out of stock is ordered by the Buyer, it will be indicated when the product will be available again. Delays will be reported to the Buyer by e-mail or telephone.
5.3 Deliveries take place at the address specified by the Buyer during the conclusion of the agreement.
5.4 The risk of loss or damage to the product that is the subject of the agreement is transferred to the customer at the moment that they are legally and / or actually delivered to the customer and thus under the control of the customer or of a customer to be designated by the customer.
5.5 For deliveries abroad, different conditions may apply.
6. Exchange and right of withdrawal
6.1 The Buyer is obliged to carefully inspect the products or have them inspected immediately upon receipt. Agreements with consumer buyers that only use electronic communication, the consumer buyer has the right to exercise a right of withdrawal without penalty and without giving reasons within seven (7) working days after delivery of the product (s) in question.
6.2 If the consumer buyer has made use of the right of withdrawal as stated in the previous paragraph, then Ponymusthaves.nl bears. make a refund within 30 days.
6.3 Items that have been discounted with a 40% discount or more cannot be returned. Exchanging is possible within the set period of 7 days.
7. Retention of title
7.1 After full payment, the product is the property of the customer.
8. Warranty and liability
8.1 Ponymusthaves.nl. guarantees that the goods to be delivered meet the usual requirements and standards that can be set and are free from any defects.
8.2 The proof of purchase serves as proof with regard to the guarantee.
8.3 Ponymusthaves.nl is never obliged to pay any compensation to the Buyer or others, unless there is intent or gross negligence on the part of Ponymusthaves.nl is never liable for consequential or commercial damage, indirect damage and loss of turnover.
8.4 If Ponymusthaves.nl is obliged to compensate for any damage for whatever reason, the compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.
8.5 Without prejudice to the provisions of this article, there can be no question of a warranty if wear can be considered normal and further in the following cases:
- if changes have been made to the product, including repairs that have not been carried out with the permission of Ponymusthaves.nl or the manufacturer;
- if the original invoice cannot be submitted, has been changed or has been made illegible;
- if defects that are the result of improper use or improper use;
- if damage is caused by intent, gross negligence or negligence.
8.6 The Buyer is obliged to use Ponymusthaves.nl. to safeguard against any claim that third parties may make against Ponymusthaves.nl with regard to the agreement, insofar as the law does not preclude the relevant damage and costs from being borne by the Buyer.
8.7 The Buyer is obliged to submit the product to Ponymusthaves.nl. to return in order to ensure a proper assessment and settlement of the warranty claim. If a complaint is declared justified, Ponymusthaves.nl is required. to deliver an equivalent product unless otherwise agreed.
8.8 In addition to these warranty provisions, legal warranty provisions remain in force.
8.9 Any arrangement offered by the company as a guarantee does not affect the rights that the consumer can assert against the company on the basis of the law and the distance agreement.
8.10 Any guarantee granted by the manufacturer or the importer does not affect the rights that the consumer can assert against the company on the basis of the law, the distance agreement and the guarantee granted by the company.
9. Force majeure
9.1 In the event of force majeure, Ponymusthaves.nl. not obliged to fulfill its obligations towards the Buyer, or the obligation will be suspended for the duration of the force majeure.
9.2 Force majeure is understood to mean any circumstance independent of its will, as a result of which the fulfillment of its obligations towards the Buyer is wholly or partially prevented. These circumstances include strikes, fire, operational disruptions, energy disruptions, non-delivery or late delivery by suppliers or other engaged third parties. Force majeure is also understood to mean malfunctions in a (telecommunications) network or connection or used communication systems and / or the website being unavailable at any time.
10. Intellectual Property.
10.1 The Buyer explicitly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and / or with regard to the internet site are vested in Ponymusthaves.nl, its suppliers or other entitled parties.
11. Personal information.
12. Applicable law and competent court.
12.1 Only Dutch law applies to all offers and agreements.
14. Your rights
14.1 You can always visit Ponymusthaves.nl. ask what information about you is being processed. You can send an e-mail for this. You can also send an e-mail to Ponymusthaves.nl. ask for improvements, additions or other corrections, die Ponymusthaves.nl. as soon as possible. If you no longer wish to receive information, you can inform Ponymusthaves.nl. Sending information is only possible if you have provided your e-mail address.
15. Copyright image and text material
15.1 It is not permitted, without written permission, to copy, store, publish, reproduce or otherwise use text and / or image material. In the event of a violation, a legal procedure will be followed.