General Terms and Conditions of Rayak Company for FriesianMarket.com
(a) Additional Chargeable Services
(1) Scope of Services
(2) Termination
(b) Premium (Plus)
(1) Scope of Services
(2) Termination
1.1. The company “Rayak” (hereinafter referred to as: “FriesianMarket.com”) provides services, including this website (hereinafter referred to as: “Products”), under the following terms and conditions, which are deemed to be binding in the relationship between the User and FriesianMarket.com upon visiting this website and/or upon purchasing/using the Products, and with explicit consent. Besides governing the relationship between FriesianMarket.com and the User (hereinafter referred to as the: “User”), whether or not the User has registered with the portal, the following terms and conditions also govern the relationship among Users.
1.2. The portal may only be used by legal entities, incorporated partnerships, and natural persons of full legal capacity.
1.3. It may be the case that friesianmarket.com offers certain goods and services under special conditions only. However, FriesianMarket.com will explicitly point this out to the User in good time before he or she concludes the contract. In the individual case concerned, the special conditions will then apply in addition to these terms and conditions. In the event of overlap, the special conditions shall take precedence.
1.4. FriesianMarket.com hereby expressly objects to any reference to one’s own terms and conditions. The conflicting terms and conditions of a User shall be valid only if FriesianMarket.com agrees to their validity in writing.
FriesianMarket.com provides offers involving various information services and other services. These services include the provision of content, such as data, texts, graphics, drawings, photos, films, links, information, and other content, as well as the option to post own content, especially ads, comments, photos, and texts. In addition, FriesianMarket.com offers editorial content on the topic of horses as well as references to external horse-related content. friesianmarket.com also provides Users with a classified directory.
3.1. Both free and chargeable services may be available on the online platform. All chargeable services are marked as such.
3.2. The services available on the online platform may also include services of third parties to which FriesianMarket.com merely facilitates access. Additional rules or terms that deviate from these terms and conditions may apply to the use of such services – which are marked as services of third parties in each case.
3.3.The User has no entitlement to the continuity or expansion of free services and content.
3.4. FriesianMarket.com is entitled at all times to change services provided for free on the online platform; to provide new services free of charge or for payment; and to stop providing free services. In this connection, FriesianMarket.com will take into account the legitimate interests of Users in each case.
3.5. FriesianMarket.com restricts its services at times, if need be, to prevent capacity limits from being reached, to ensure the security or integrity of servers, or to implement technical measures. FriesianMarket.com will take into account the legitimate interests of Users, for example by announcing scheduled maintenance work.
3.6. Users may only use the contact details of other Users, which are accessible via the online platform, for private purposes. It is therefore prohibited, for example, for a User’s data to be used by employers, recruitment agencies, employment agencies, or public or private educational institutions for the purpose of collecting personal data. Promotional use is also forbidden unless a direct reference is made to a posted ad. It is forbidden for Users to edit, change, translate, show, present, publish, exhibit, duplicate or disseminate, in whole or in part, content provided on the online platform, with the exception of content that they themselves have posted. It is also forbidden to delete or change copyright notices, logos, and other marks or proprietary notices.
3.7. Any use aimed at exploiting the applications, services, and content offered on this online platform for business, commercial or other profitable purposes other than the purposes provided on the online platform is forbidden. In particular, it is not permitted to frame this online platform or individual aspects of it.
3.8. Content provided on the online platform may not be copied, disseminated, or otherwise made available to the public without the right holder’s consent – with the exception of cases permitted by law or where contractually stipulated. As such, it is also forbidden to use computer programs that automatically read data, such as crawlers.
3.9. For some services, it may be necessary for the User to download an application (hereinafter referred to as an: app), provided free of charge by friesianmarket.com, and install it on his or her mobile end device. To do this, the User may have to register with the app store of the relevant operating system vendor (e.g. Apple App Store). FriesianMarket.com is entitled to make adjustments to the provision of services that require a new app or an update of the app to be downloaded in order to continue using the services, insofar as this is reasonable for the User.
3.10. Data backup is not the subject matter of the contract. FriesianMarket.com may, but need not, back up data such as the texts and photos contained in ads.
4.1. The User is required to register a user account, such as under “Ad Submit/My Account”, in order to utilize certain services or to purchase certain products. This can be done, for example, by completing a registration form on the FriesianMarket.com website. Following the submission of the registration form, FriesianMarket.com may request confirmation of cell phone number or the email address by clicking on a confirmation link that the User will receive in an email sent by FriesianMarket.com.
4.2. As a general rule, it is possible to register a user account for free, unless otherwise agreed. Gratuitousness does not apply to Premium (Plus) accounts (see point 9).
4.3. The User is required to provide data truthfully and fully during registration, especially his or her first name and last name. It is not permitted to use abbreviations, initials, pseudonyms, or invented names.
4.4. If the User’s data changes after having registered an account, he or she shall update the details immediately or, if this is not possible, notify FriesianMarket.com of the changes immediately.
4.5. During the registration process, the User sets a password within the framework of the possibilities offered by FriesianMarket.com. The User shall keep the chosen password secret and keep it protected from access by third parties. It is not permitted to share the password with third parties. If the User mislays his or her password or discovers or suspects that his or her password is being used by a third party, he or she must notify FriesianMarket.com to this effect immediately. The User may adapt and change the password in his or her user account at any time. It is recommended to change passwords regularly.
4.6. FriesianMarket.com reserves the right to reject the registration of the User without giving any reason. The contract between FriesianMarket.com and the User comes into effect upon confirmation of registration or upon receipt of a message stating that registration is complete. The User and FriesianMarket.com, therefore, agree that a contract shall come into being even without the User’s signature.
4.7. FriesianMarket.com may make further use of the online platform dependent on the User confirming his or her registration to the online platform within a specific period not exceeding 72 hours, even after the contract has come into being. FriesianMarket.com may especially request this if there are doubts as to the identity of the User. FriesianMarket.com will inform the User of the need to confirm his or her registration on the online platform and/or by sending an email to the email address provided during the registration process.
4.8. The User may only create one free user account. Likewise, only one free user account per household (an economic group composed of several persons living together) may be created. It is only permitted to create a further account with the approval of FriesianMarket.com. It is not permitted to circumvent this limitation, particularly by using different data. By registering, the User affirms that he or she has no other user account on the online platform of FriesianMarket.com and that he or she has not been excluded from its use. User accounts are not transferable.
5.1. Users are given the opportunity to post content (texts, images, other files) themselves in the context of offers. The User is solely responsible for any content he or she posts on the online platform, including any uploaded files, whether public or private. Users may not post content that violates applicable law, infringes the rights of third parties, violates the principles of the protection of minors, or transgresses standards of public decency. It is forbidden to specify value-added service numbers (in particular 0900 and 0137 numbers).
5.2. The User undertakes in particular not to post and/or leave posted and/or use in the context of communication any of the following content:
5.3. It is also forbidden for the User to:
5.4. FriesianMarket.com is entitled to block, delete or refuse to use content that breaches these terms and conditions. FriesianMarket.com shall not lose its entitlement to remuneration with regard to such services.
5.5. The User has no entitlement to the posting, unblocking, or reposting of content. Regardless of these measures, FriesianMarket.com reserves the right to terminate the contractual relationship.
5.6.If third parties or Users draw the attention of FriesianMarket.com to unlawful or otherwise objectionable content, FriesianMarket.com is entitled to block such content immediately and without informing the User beforehand. FriesianMarket.com shall not lose its entitlement to remuneration with regard to such content.
5.7. If files are uploaded with content showing one or more other persons besides the User, the file may only be uploaded and linked with the prior consent of those persons.
5.8. Once a file has been uploaded, it can be removed or replaced by the User who uploaded the file at any time with future effect.
5.9. Users shall observe applicable statutory regulations with regard to content design (for example, any requirement there may be for provider identification “Legal Notice”).
6.1. The User grants friesianmarket.com a worldwide, non-exclusive, transferable, royalty-free right to use in any way any and all of the content he or she has posted, including uploaded files, in particular for the storage, duplication, dissemination, and communication to the public, also outside the online platform, such as in print media or any other online platforms (e.g. social media).
6.2. The transfer of the rights of use therefore also applies to use in other media and formats, such as newspapers, as well as in advertisements. FriesianMarket.com is in particular entitled to use posted content itself and/or by way of third parties, for example by incorporating some or all of the posted content into other websites (e.g. social media), apps, emails, and in print, radio, and TV marketing campaigns.
6.3. The User permits friesianmarket.com to edit, redesign and translate posted content. This particularly applies in order to adapt posted content to the formats and presentation required to be able to use the content, translate it, or improve the quality of the content. friesianmarket.com is also entitled to publish advertisements in or close to content posted by the User.
6.4. The rights of use shall be transferred free of charge by the User. FriesianMarket.com is entitled to transfer to third parties, whether for payment or without payment, the rights of use that have been transferred to it. The legitimate interests of the User will be taken into account when transferring rights of use.
6.5. The rights of use shall be transferred permanently and irrevocably to FriesianMarket.com by the User.
6.6. FriesianMarket.com will transfer the right of use in such a way that material may be used without a copyright notice. The User assures that he or she may grant such rights.
7.1. The User indemnifies FriesianMarket.com from all and any claims of third parties and other Users lodged against FriesianMarket.com due to content posted on the online platform by the User, including uploaded files, in the case that the User is responsible for the infringement. The indemnity covers, in particular, the cost of any legal defense that may be necessary, as well as compensation for damages.
7.2. In the event of claims against FriesianMarket.com, the User is required to make available immediately, truthfully, and fully, all information that FriesianMarket.com requires in order to examine the claims and defend itself.
8.1. FriesianMarket.com also provides an ad platform where Users may post ads containing descriptions, photos, and contact details. Users can browse the database of listed offers and view ads. Users are able to send an email to other Users via a contact form concerning an ad; they can also contact them by using the phone number provided. Users also have the possibility to flag certain ads in a personal user account (“Add to watch list”), in order to retrieve them later. Search requests can also be created; the User will then be notified by email of any new ads that match his or her search criteria.
8.2. With regard to the ad platform, FriesianMarket.com merely provides technical services for handling Users’ offer management, and shall not itself be a party to any contracts subsequently concluded between Users.
8.3. The scope of services offered free of charge is determined by the actual offer on the online platform. Details about the services are set out on the online platform. The scope of services of chargeable services, which are, in particular, the use of the platform as a Premium (Plus) customer or for individual ads and additional services, is set out separately in point 9 of these General Terms and Conditions.
8.4. FriesianMarket.com endeavors to ensure appealing ads. Users are therefore required to accurately describe posted ads, and especially to state any known shortcomings or health issues. The User shall check the ads that he or she has posted at fourteen-day intervals to ensure that the details are up to date. If the subject of an ad has been sold or is otherwise no longer available for sale, the ad shall be deleted from FriesianMarket.com immediately.
8.5. It is not permitted to offer several horses bundled together as a package in a single ad; they must be advertised individually. A horse may only be advertised once. This is also the case when an ad has already been placed by a third party. It is only permitted to post ads where the User is capable of concluding a legally enforceable contract on the purchase without delay.
8.6. The User may only post ads in accordance with the predefined classifications and categories, e.g. under the classified ads. In addition, it is not permitted to post content with the aim of promoting one’s own or third-party sales or procurement of goods or services (advertising). In particular, it is not permitted to offer services and goods that do not fall under predefined classifications and categories.
8.7. Offers may only be posted in one’s own name for items belonging to the User; they may not be posted for third parties.
8.8. Once ads have been posted, their essential characteristics may not be adapted; instead, they must be deleted and reposted, unless otherwise expressly agreed between the User and FriesianMarket.com. In the case of horses, such characteristics are the horse’s gender (with the exception of stallion to gelding), type, and breed.
8.9. The User undertakes in particular not to post any of the following content and/or to keep such content posted and/or to use such content in communications:
The following conditions apply additionally for certain FriesianMarket.com services that are provided for a fee. If these conditions overlap or contradict the above, the following more special conditions shall take precedence. These services require an internet connection and a valid email address that third parties can use to invoice the User for costs. FriesianMarket.com has no influence on this.
FriesianMarket.com gives Users the possibility to purchase various additional options for their ad. These additional options either create the possibility to post an ad (e.g. additional ads with a user account that facilitates only a certain number of free ads) or improve the ad options (e.g. special listing options by highlighting search results).
The following conditions apply additionally to these services:
The scope of services arises from the currently applicable price list. In this connection, additional options are always bound to a specific ad, unless otherwise agreed. When the posted ad expires (following deletion or the expiration of three months, unless otherwise agreed), the possibility to use the additional service also ends. The User is forbidden to circumvent this by changing the ad details.
Termination is not required because the additional option expires automatically upon the expiry of the ad.
FriesianMarket.com gives Users the possibility to act as Premium (Plus) customers. Premium (Plus) customers receive a variety of benefits when posting ads on FriesianMarket.com. The use of FriesianMarket.com as a Premium (Plus) customer is subject to a charge in accordance with the currently applicable price list, unless otherwise agreed.
The following conditions apply additionally to these services:
The scope of services arises from the currently applicable price list. In particular, unlimited ads are possible, taking into account point 8. of these conditions. Premium (Plus) accounts are non-transferable, and may not be used by several Users, except where it is used by representatives of the User.
The contract for Premium (Plus) Services shall be concluded for an indefinite period and shall have the minimum contract term agreed upon in each case. If a minimum contract term has not been agreed, it shall be 12 months. Termination must be effected with the respectively agreed notice period to the end of the respective contract term or the respective extension period. If a notice period has not been agreed, it shall be one month. If the contract for Premium (Plus) Services is not terminated in due time, the contract for Premium (Plus) Services shall be extended as follows:
The contract for Premium (Plus) services is extended for an indefinite period and the extended contractual relationship can be terminated at any time with one month’s notice.
2. if you are an entrepreneur in the sense of the Dutch Civil Code, i.e. a natural or legal person or a partnership with legal capacity who was acting in the exercise of his commercial or independent professional activity when the legal transaction was concluded, the following shall apply to you:
The contract for Premium (Plus) services shall be extended in each case by the period agreed as the minimum contract term. If a minimum contract period has not been agreed, the respective extension period shall be 12 months. Notice of termination must be given with the agreed notice period to the end of the respective extension period.
The User must give notice of termination in text form. In the case of trial offers for Premium (Plus) customers, termination is also possible by clicking the button “I want to terminate my Premium subscription”. FriesianMarket.com may declare the termination in writing or text form.
10.1. In the absence of a more specific arrangement, the User may at any time terminate contracts for free services with FriesianMarket.com at the end of the calendar month by giving fourteen days’ notice; contracts in the context of a trial offer may be terminated at any time. An appropriate declaration in text form to FriesianMarket.com or – where stipulated – a declaration via a termination function on the FriesianMarket.com website suffices to terminate the contract.
10.2. friesianmarket.com may at any time terminate the contract in written or text form at the end of the month by giving fourteen days’ notice. This may be effected in written or text form.
10.3. Termination for good cause remains unaffected by the above periods of notice.
10.4. friesianmarket.com is in particular entitled to terminate the contract without notice for good cause if:
10.5. Upon termination of the contract, the User’s profile and all of the User’s personal data on the online platform will be permanently removed within 24 hours – or blocked if there are retention requirements. Contributions and content that the User made accessible to third parties or other Users before the termination of the contract, such as photos, comments, and posts, will not be deleted. Such content will continue to be available, together with the date of publication, albeit without stating the User’s name. Data required to assert claims under civil or criminal law against the User will not be deleted either, insofar as these claims are in effect upon termination of the contract, nor will the data required for settlement (insofar as the User used chargeable services).
10.6. In the event of a termination by friesianmarket.com, the User is forbidden to re-register with the online platform.
10.7. If the termination by friesianmarket.com is based on a culpable breach of duty on the part of the User, friesianmarket.com may, in the case of existing fee-based contracts requiring a user account, claim damages amounting to the remaining fee up until the next ordinary right to terminate, which friesianmarket.com may, according to these terms and conditions, declare due in full at any time. This shall not apply if the User proves that no damages – or considerably lower losses – were incurred.
11.1. The prices referred to are final prices, including applicable VAT. Prices are governed by the currently applicable price list, which is available at https://www.ehorses.com/static/pricelist. Prices are changed by changing the price list available on the Internet. The new prices apply when the new price list is available on the Internet.
11.2. Additional costs may be incurred due to internet connections. Where such costs are incurred, they shall be paid to the relevant internet provider. The amount will depend on the rate selected by the User. friesianmarket.com has no influence on the amount.
Trial offers are applicable to new customers only. New customers are Users who did not have any contractual relationship with friesianmarket.com prior to accepting the trial offer and, in particular, have never before tested the services provided by friesianmarket.com. If a User gains unauthorized access to a trial offer (e.g. by re-registering or by giving false information), friesianmarket.com is entitled to immediately block the user account and to claim the normal charges applicable in the absence of conditions for new customers up until the next ordinary right to terminate the contract.
13.1. Invoices for Premium (Plus) customers will be made available to the User in his or her user account on friesianmarket.com; they are deemed to have been received upon being placed there. The User is required to check for new messages in his or her user account on work days. Invoices for other chargeable services will be sent by email.
13.2. Where stipulated in the contract, invoices may, on request, be sent by post to the User’s address for a fee, calculated according to the price list.
13.3. The contractually agreed fee is payable by Premium (Plus) customers on the first work day of the calendar month for the previous calendar month (or part thereof). Otherwise, the contractually agreed fee is payable in advance, and at no charge to friesianmarket.com, immediately after invoicing. In the case of SEPA Direct Debit payments, the account will be debited within two work days of placing the invoice in the user account on friesianmarket.com or sending it via email. Premium (Plus) customers will be informed of the debit date in the invoice. The period for informing the User beforehand about the debit date is shortened to two days.
13.4. Payment may be made by SEPA Direct Debit, PayPal, or credit card.
13.5. In the case of SEPA Direct Debit payments, the User shall bear any costs arising as a result of the return of payment due to insufficient funds or due to the User having provided incorrect bank details.
14.1. In the event of a default in payment by the User, friesianmarket.com is entitled to stop providing the service and, in particular, to block the User’s ads. The requirement to pay the fee continues to apply during the period of discontinued service provision due to the default in payment. In the event of a default in payment, friesianmarket.com is entitled to claim statutory default interest and other damage caused by delay and, in particular, commission third parties to collect the payment.
14.2. If the User
a) defaults on payment of the fee, or a large part thereof, for two consecutive months or
b) defaults on payment of the fee over several months, with the amount in default being equivalent to the fee for two months, friesianmarket.com may terminate the contractual relationship without notice.
14.3. In the event of termination, the User is required to pay damages amounting to the remaining fee up until the next ordinary right to terminate, which friesianmarket.com may, according to these terms and conditions, declare due in full at any time. This shall not apply if the User proves that no damages – or considerably lower losses – were incurred.
14.4. If the User is blocked due to a default in payment, friesianmarket.com is entitled to request an activation fee in accordance with the price list.
14.5. Reminder fees are incurred in accordance with the price list.
Consumers have a fourteen-day right of withdrawal.
If you are a consumer within the meaning of the Dutch Civil Code, i.e. a natural person who enters into a legal transaction for purposes that predominantly are outside his or her commercial or independent professional activity, the following right of withdrawal applies to you:
Information on the Right of Withdrawal
Right of Withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days, starting on the day when the contract was concluded. To exercise your right of withdrawal, you must notify us (Rayak, Windrecht 15B, 5591KW, Netherlands, email: [email protected], Tel.: +31685271638) of your decision to withdraw from this contract by making a clear declaration to this effect (e.g. by posting a letter or sending an email). You may, but need not, use the attached specimen withdrawal form to do so.
In order to observe the withdrawal period, it suffices to send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we shall repay you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you chose a different type of delivery to the cheaper, standard delivery we offer) immediately and
at the latest within fourteen days of the day on which we received the notification of your withdrawal from this contract. We shall use the same means of payment for making this repayment that you used for the original transaction, unless otherwise explicitly agreed with you;
we shall under no circumstances charge you a fee for this repayment.
If you requested the services to start during the withdrawal period, you shall pay us a reasonable amount that is in proportion to the extent of the service already provided up to the point when you notified us that you would exercise your right of withdrawal from this contract in comparison with the total extent of the services provided for in the contract.
Withdrawal form template
(If you wish to withdraw from the contract, please complete this form and return it to us.)
To: Rayak, Windrecht 15B, 5591KW Heeze, the Netherlands, email: [email protected]
I/We (*) hereby withdraw from the contract concluded with me/us (*) for the purchase of the following items (*) / performance of the following service (*):
Ordered on (*) / received on (*):
Consumer’s/Consumers’ name:
Consumer’s/Consumers’ address:
Consumer’s/Consumers’ signature (only in the case of a notification on paper)
Date
(*) delete as appropriate.
16.1.In the event of a shortcoming, warranty rights are governed by the Netherlands’ statutory provisions.
16.2. Without prejudice to the above rules regarding warranty rights and the following limitations of liability, friesianmarket.com shall be liable without limitation for damage to life, limb, or health due to a negligent or wilful breach of duty by its legal representatives or vicarious agents, as well as for damages which are covered by liability according to the Product Liability Act, and for all damages due to wilful or grossly negligent breaches of contract or fraudulent intent on the part of its legal representatives or vicarious agents.
16.3. Friesianmarket.com shall also be liable for damages caused by simple negligence if and the extent to which this negligence concerns the breach of contractual obligations, adherence to which is of particular importance to achieving the purpose of the contract (referred to as cardinal duties). However, friesianmarket.com shall only be liable if the damage is typically related to the contract and is foreseeable. For the rest, friesianmarket.com shall not be liable in the event of breaches of non-material secondary obligations caused by simple negligence. The above limitations of liability also apply even if the liability for legal representatives, executive staff members, or other vicarious agents is concerned.
16.4. Any further liability is excluded.
The European Commission provides the option of creating a complaint for Online Dispute Resolution (ODR) for consumers on this website. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
If the User is a merchant within the meaning of the Dutch Commercial Code, a legal entity under public law, or a fund under public law, the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship is the place of business of friesianmarket.com. However, friesianmarket.com is also entitled to take legal action at the User’s general place of jurisdiction.
19.1. friesianmarket.com reserves the right to change provisions of these General Terms and Conditions at any time and without stating any reasons, taking into account the requirements described below: friesianmarket.com shall send changes to the customer in written or text form to the email address or postal address stated by the User no later than two weeks before they come into effect. If the User does not object to the validity of the new General Terms and Conditions within two weeks of receiving notification, and if he or she continues to use the services, and especially services provided by friesianmarket.com, after the expiry of the objection period, the amended General Terms and Conditions are deemed to have been accepted. friesianmarket.com undertakes to refer separately to the significance of the two-week deadline in the notification containing the amended provisions.
19.2. If the User does not object to the validity of the new General Terms and Conditions within the deadline specified in the point above, friesianmarket.com remains entitled to ordinarily terminate the contractual relationship with the User with a notice period of two weeks.
In the event that individual provisions of this user agreement are ineffective, the remaining provisions shall remain in effect.
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