TERMS AND CONDITIONS
I. Terms and Conditions
1. Company, Customers and Scope of Applicability
1.1. These terms and conditions apply to every contract entered into between customers and MT EquiSports, LLC via this online shop or in-person purchases. MT EquiSports LLC is owned and operated by Katie Curry PO Box 644 Big Timber, MT 59011 and is a licensed distributor of “Duplo Plastic Horseshoes” which are manufactured in Germany by Duplo Kunststoffbeschäge.
II. Conclusion of the Contract
2.1. The product presentations in the online shop of MT EquiSports LLC are not binding offers. The product presentations indicate which products are available and are intended to encourage the customer to submit a binding purchase offer.
2.2. The customer can submit his/her offer via written form, telephone, email, or online by means of the shopping cart system which is integrated in the online shop of MT EquiSports LLC.
2.3. During the ordering process by means of the shopping cart system, the customer can check the content of his/her shopping cart at any time. The customer can remove products from his/her shopping cart at any time. The customer can use the usual functions of browser, mouse and keyboard in order to correct input errors.
2.4. Before submitting his/her order by means of the shopping cart system, the customer is asked to check his/her data, to accept these terms and conditions and to correct input errors. By submitting the order form by clicking the “confirm order” button, the customer submits a binding purchase offer for the chosen product.
2.5. Instantly after receiving the customer’s purchase offer, MT EquiSports LLC will send a confirmation to the customer by email. This confirmation is not an acceptance of the purchase offer.
2.6. MT EquiSports LLC can accept the customer’s purchase offer within three workdays
-by sending a written order confirmation; or
-by sending an order confirmation in written form via email or fax; or
-by sending a payment request.
The period commences at the day the customer has submitted his/her purchase offer. The receipt of the order confirmation by the customer is material to complying with the time limit.
2.7. The customer has to make sure that the email address used for the ordering process is valid and can be used to receive emails sent by MT EquiSports LLC. If using a spam filter, the customer has to make sure that all emails sent by MT EquiSports LLC or by third parties charged with the order processing by MT EquiSports LLC can be received.
III. Right of Revocation
As a matter of law, consumers are entitled to a right of revocation. Requirements for revocation are governed by Article 2 of the Uniform Commercial Code.
IV. Prices, Shipping Charges and Terms of Payment
4.1. Unless otherwise stated the price stated on the product sites does not include sales tax or shipping and handling charges. The incurring tax and shipping charges are separately stated before check out.
4.2. The payment methods offered by MT EquiSports LLC are listed on the payment section of the online shop.
4.3. If prepayment is agreed upon, the customer revocably authorizes MT EquiSports LLC to debit the account specified by the customer with the amount due. The account will be debited within 14 days after the date of the invoice. If the amount due cannot be collected because the account is not covered or because the bank details provided by the customer are not correct or because the customer revokes the payment even though he/she is not authorized to do so, the customer has to bear the charges incurred by the bank for the returned direct debit if he/she is responsible for the return of the direct debit.
V. Terms of Shipment and Delivery, Revocation as to Oneself Obtaining the Supplies
5.1. The delivery time results from the product presentation or the delivery time stated in the shopping cart respectively. The delivery time commences either:
5.1.1. The workday after the customer has effectively entered a bank transfer in case of prepayment or
5.1.2. The workday after the conclusion of the contract in case of any other payment method.
5.2. If not expressly otherwise agreed, MT EquiSports LLC determines the appropriate mode of shipment and the transport company with reasonable discretion on their part.
5.3. The goods are delivered to the shipping address specified by the customer.
5.4. If delivery to the customer is impossible and the transport company returns the shipped goods to MT EquiSports LLC, the customer bears the charges for the unsuccessful delivery. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of the delivery or if the customer has temporarily been prevented from receiving the offered service by no fault of their own.
5.5. With the delivery of the sold goods, the risk of accidental destruction or deterioration passes to the customer.
5.6. If the product ordered is not available because Duplo Kunststoffbeschäge has not supplied MT EquiSports LLC with the specific product without reason or fault of MT EquiSports LLC, MT EquiSports LLC may revoke the contract. In this case, MT EquiSports LLC will immediately inform the customer and reimburse the customer without undue delay for performance rendered.
5.7. Customers cannot collect goods from the business premises of MT EquiSports LLC for logistical reasons.
VI. Liability for Defects
6.1. The standard limitation period for claims for defects is two years. Customer must notify MT EquiSports LLC in writing of the defect. MT EquiSports LLC has the option of replacing the damaged product, or refunding the customer for the original purchase price, plus shipping and handling to return the defective product.
VII. Retention of Title and Right of Retention.
7.1. In relation to consumers, MT EquiSports LLC reserves the ownership of the delivered goods for the period until the purchase price is paid in full.
7.2. The customer can only exercise the right of retention insofar as the claims originate from the same contractual relationship.
8.1. MT EquiSports LLC is unlimitedly liable on every legal basis
8.1.1. For intentional or negligent injury to life, body or health, or intent and gross negligence.
8.1.2. On the basis of a promise of guarantee if no other provision has been agreed upon, and
8.1.3. On the basis of mandatory liability under the Product Liability Act.
8.1.4. Apart from this, MT EquiSports LLC is only liable in the case of breach of a fundamental contractual duty if the duty has to be performed in order to properly perform the contract and if the other party of the contract can regularly reply on the performance of the duty (cardinal duty).
8.1.5. Apart from this, the liability of MT EquiSports LLC is excluded.
8.1.6. The above provisions also apply with regard to the liability of MT EquiSports LLC for its legal representative(s) or person(s) used to perform an obligation.
IX. Applicable Law and Place of Jurisdiction.
9.1. The language of this agreement is English.
9.2. The existing purchase agreement between MT EquiSports LLC and the customer, subject to mandatory international private-law provisions, is subject to the law of the United States of America and the Articles contained in the Uniform Commercial Code.
9.3. The place of jurisdiction is Montana.
X. Final Provisions.
10.1. If any provision of these terms and conditions is ineffective, the rest of the contract remains effective. Instead of the ineffective provision, the relevant statutory provisions apply.