Terms and conditions of use

Terms of trade for the Omni -Horse Shop

September 2019

1. PURPOSE OF THE TERMS OF TRADE               

1.1 Purpose             

These terms and conditions describe your and the Omni -horse (hereinafter referred to as “the Company”, “we” or “us”) rights and obligations in connection with the services / contractual forms offered by the Company through the webshop at https: //shop.omni- horse.com - Hereinafter referred to as the Trading Platform".

The terms of trade thus describe;

  1. user profile creation,
  2. trades entered into between you and other users of the Trading Platform,
  3. deals between you and the Company,
  4. conditions for the purchase of mediated tickets through the Company's website. 

The terms that apply to the type of use of the Company's services you use are applicable to you.

In addition, a number of general terms and conditions apply to all the aforementioned types of agreements. Should you have any questions regarding the content of these terms and conditions, please contact the Company at support@omni-horse.com .

1.2             Effect of trade conditions

By using the Company's services, you agree to the terms of these Terms of Trade, and you further confirm that you agree to the terms and conditions applicable at any given time, each time you use the Company's services.

When you check the box "I have read and accept the terms", it is considered to constitute a legally binding agreement between you and the Company.

1.3             Changes in trading conditions

The Company reserves the right, at any time, to change its terms of trade and to put into effect new versions of the Trading Platform. This also includes changes in the terms of trade as a result of changes in the legislation applicable to you as a user. Changes which is unfavorable to you, you will always be notified no later than two months before the changes take effect.

You will receive notice of changes via the email address you registered with the Company or via the Company's internal messaging system on the Trade Platform.

You may choose to terminate terminate your user profile with the Company if you do not wish to be bound by the new terms and conditions. The membership and all obligations and rights in this connection will then expire at the end of the following calendar month. The Company reserves the right to your user profile must be deleted permanently when all your transactions and exposures are completed on the Trading Platform (see also section. 2.5) .

After the expiry of the said two months' notice period, the terms and conditions of the changes will be made available on the Trading Platform and will apply to you. Once the new terms of trade have come into effect they will apply to all trades and activities on the Company or through the Company's services and in your relationship with the Company.The present terms of trade are thus in effect until they are replaced by a new version.

2ND               ESPECIALLY ABOUT USER PROFILES ON THE WEBSHOP

2.1 Creating a User Profile             

 

You can always access the sales ads on  relevant items  on Handelsp latformen v., And make purchases through Handelsp latformen - without having a user profile with us.

However, in order to create sales ads for goods and create events with tickets (avail services at) on the Trading Platform , you must create a user profile in the shop Creating a user profile on our Trading Platform is free .

If you are trading as a company within the Company when you create sales ads and events with associated tickets, you must keep this in mind when you put goods or services on sale so that buyers are aware of whether the Consumer Purchase Rules apply (right for cancellation, remedy, v.) or whether it is a private sale where there is no right of withdrawal.

 

2.2             Your user profile is personal

When you create your user profile on the Trading Platform , you must register with your correct information (name, address, telephone number, e-mail address, bank account , etc.)

  1. Your profile on the Trading Platform is strict personal and may not be loaned to or shared with others.
  2. Your password is also personal and must not be disclosed.
  3. Nor is it permissible for you to borrow or otherwise acquire access to other user s profile.
  4. You may only create one profile on the Trading Platform at a time.

Your password is stored encrypted with us, so that only you are aware of it at all times. 

The Company may suspend or cancel a user's account at any time if it is or appears to us to be in breach of any provisions of these Terms of Trade.

2.3             User type registration

 

Professional business users (B2C) - ie traders are subject to the relevant provisions of the Purchasing Act and the Consumer Contracts Act, including the obligation to provide buyers with 14 days right of withdrawal when making goods, as business users act as part of their profession, cf. the provisions of the Purchasing Act.

On the other hand, private users who sell their own goods are generally not subject to the same set of rules, as private users are usually shopping for private purposes. However, please be aware that if you buy and sell used goods more systematically you may be subject to the rules of the trader. It is an account on the Trading Platform , which is responsible for meeting relevant legislation when you shop via the Company's service This is the Company irrelevant - however, see the guidance below which can be included in the assessment of whether you are selling as a private user or as a business user.

2.3.1         When is considered a business user / trader?

In assessing whether a user should be considered as the trader of the Purchasing Act, the following is added: emphasis on the following:

  1. The user is CVR registered
  2. The user has a website from which the same things are sold as on the Trading Platform
  3. The user orders many new items home for resale
  4. The user has a lot of trades on the Trading Platform with the same type or similar goods

Please note that the above statement is for guidance only and that the Company is not responsible for whether you as a user correctly categorize your activities as a private user or a business user respectively. 

2.4             Updating your user profile on the Trading Platform

As a user of the Company, you are responsible for ensuring that the information contained in your profile is fully accurate and valid at all times. You can update your information through the My Account / Profile menu.

2.5             Profile closure

You can request closure of your profile at any time by contacting Company Support. However, if you have completed one or more trades through the Company within 30 days prior to the request for closure, we reserve the right to postpone the closure until the 30 days have expired.

In any case, request for closure can only be accepted when all pending support cases on your profile are finally completed.

If you want to close your profile, it is up to you as a user to close your active ads.

The Company reserves the right to close your profile at any time if you have acted in violation of these terms of trade, the Company's rules in general or applicable Danish law. If we choose to close your profile on any of these grounds, it is not possible to receive a refund for any purchased Premium User Profile on our member site www.omni-horse.com .

3. ESPECIALLY ABOUT THE USE OF TRADING PLATFORM               

3.1 Use of the Company             

The platform provided by the Company constitutes a digital marketplace where you as a user can trade with other registered users of the Company. 

The Company alone makes the Trading Platform available to users but is not a party to the agreements entered into through the Participation Platform The Company only provides the technical aids to carry out such trades, and the Company therefore has no responsibility in connection with these trades. This means that as a user you have to correct a possible problem. claims arising in connection with the use of the Company against the user who caused you a loss. Please note that there are both private users and commercial users of the Trading Platform and that your rights may vary against a private counterparty and a commercial counterparty , which is why you should inform yourself whether the person you are trading with acts as a trader or private person .

The company provides a payment system that handles transactions between buyer and seller. This means that the Company reserves an amount equal to the purchase price of the item in the buyer's account when it purchases a product. When the item is delivered by the seller in the nearest parcel shop and the Company receives notification from the parcel shop about this, the money is deducted on the buyer's card and then transferred directly to the seller's account. If the item is not shipped 30 days after the purchase is made, the reservation of the amount will lapse in the buyer's account. This does not mean that the transaction is canceled for this reason but it does not mean that the purchase price is not secured via a reservation in the buyer's account. The Company does not become a party to the agreement as a result of this payment service being made available and it is the seller's responsibility to ensure that the prepaid item is packed and delivered to the nearest parcel shop within a reasonable time. We expect the seller to ship the package within 7 days, which however is not the Company 's responsibility.  

The merchandise available on the merchant is put up for sale by Platform users through ads. A purchaser's purchase of an advertised item is legally binding under Danish law, and you are thus obliged to buy and pay for an item if you accept the seller's offer, cf. Danish rules on offers and acceptance.     

As described above, under the conditions for the creation and purchase of user profiles, you must be aware that you as a private user can be regarded as a trader within the meaning of the Purchasing Act. This means that your purchases and sales through the Company will be legally regulated in accordance with the rules for traders. Whether you as a user correctly categorize your activities as either a private user or a business user, the Company is irrelevant. If in doubt, seek expert legal advice.

It is up to you as a user of the Company to report any. taxable income to SKAT, this is the Company unauthorized. Read more here: www.skat.dk .

3.2             Ads, etc.

3.2.1         legality

You are made particularly aware of your duty to comply with Danish law with regard to:

  1. The contents of all advertisements, be it the item itself, the product picture, the description of the product and any activity or communication carried out in connection with trades, must comply with both Danish law and the Company's rules in general. Similarly, as a user, you must not seek to purchase illegal goods or encourage other users to sell illegal goods. Furthermore, you are obliged to sell only goods that you have the right to dispose of and transfer.
  2. When you add images to your ads on the Trading Platform , you represent that these images are your own and thus do not infringe the copyrights of others.
  3. As a seller, you must accurately and adequately describe your goods or services on the advertisement and you are responsible for any errors or omissions in your descriptions. Brand names or other indications of origin or make in the description of the goods must be correct and must not mislead other users.

In addition, by accepting these terms of trade, you agree that by reselling a product purchased at the Company, the buyer is permitted to use the previous seller's images. When using these images, please note that no own images are used. Thus, you must write in the ad that the image has been reused from previous ad.

You further agree that the Company has the right to use the images you use in other commercial contexts, including for use in the Company's newsletter and on social media. However, the company does not use any personal photos added to your profile.

3.2.2         Links and links to other websites

You are not allowed to link to your own or other webshops when you create sales advertisements on the Trading Platform unless you have agreed with the Company .

3.2.3 Advertising through the Company         

If you want a banner advertising agreement on the Trading Platform , please contact the Company.

3.2.4         Closing ads

The Company does not pre-examine the goods or services available through created ads, but the Company reserves the right to close an ad or move it to a different category than the one in which the ad was created. Closes an ad because this is deemed to contravene the law or the company's rules and trade conditions in general, refunded purchase Premium membership on the member page at www.omni-horse.com 't e.

3.2.5         Reporting of fraudulent ads or trades

You may, through the Company Support, report advertisements or trades to us that appear to violate the intellectual property rights, applicable laws or the Company's rules in general. You are also encouraged to notify relevant authorities if you become aware of advertisements or trades that appear to violate legitimate intellectual property rights or other applicable laws. It does not relieve you of any legal liability to report such observations to the Company.

3.2.6         Advertising and marketing

Advertising and marketing is not allowed on other users' ads or via private messages, nor is it permitted to refer to the fact that a product can be purchased cheaper elsewhere than with that seller. This will cause a warning from the Company as well as deletion of the comment. In the worst case, multiple warnings may result in quarantine or exclusion from the Company, resulting in user profile closure.

3.3             Shipping

As a user of the Platform, you must make use of the shipping company Platformen at any time makes available when you ship items sold. The price of the freight is for a standard shipment 39 DKK + VAT + fuel surcharge, cf. contract with Bring, which is charged from the buyer. It is expected that you ship the item within a reasonable time (within 7 days), so the buyer does not have to wait too long.

4TH               BUY TICKETS FOR EVENTS

4.1 The relationship between you as the ticket buyer and the Company and the organizer             

The contractual relationship regarding an event, etc., exists directly between the ticket buyer and the ticket seller. 

The company only sells tickets, etc., between the ticket buyer and ticket sellers. Thus, the Company is not an agent or distributor of the ticket seller or otherwise liable to the ticket seller. The Company's service consists in delivering the purchased tickets to the ticket buyer and in communicating the payment to the ticket seller, and the Company does not deliver what is being purchased for.

4.2 Performance and product descriptions, etc.             

There may be discrepancies between the advertised arrangement and acquisition services and the actual arrangement and acquisition services. The Company does not guarantee that the performance or product description and other content on the Platform is true, complete, up to date or error free. The company cannot be held liable in this regard.

The ticket seller is responsible to the ticket buyer in relation to the description and content of the arrangement that the ticket seller has created on the trading platform. The company has not previously published the event or subsequently approved it.

If an event does not match what is described, the ticket buyer should contact the ticket seller or the Company, who will pass on the information you provide to the Company to the seller. 

As a ticket buyer, there is a risk of being exposed to information and content that is offensive, obscene, incorrect, misleading or otherwise undesirable. This excuses the Company, but the Company has no control over, or responsibility for, the Company.

The platform, including all subpages and the front page, may contain links that lead the ticket buyer or ticket seller to a third party website. The Company has no control over, or responsibility for, the content of such sites.

4.3 Prices and Fees             

Ticket seller sets the retail price for tickets sold on the Company's online platform.

A management fee is imposed on tickets covered by the ticket buyer.

4.4 Payment             

The ticket buyers can pay with Visa / Dankort, Visa Electron , Maestro and Mastercard All communication between the ticket buyers and the Company's payment system is encrypted.

Ticket Buyer's card information is sent directly via our Payment Service Provide , and the Company does not save even the card details.

4.5 Delivery of tickets             

The purchased tickets are delivered as electronic tickets to the email address you enter as a ticket buyer in connection with your purchase.

You may need to. even print your tickets and bring them to the event, or show them on the phone at the entrance.

A receipt will be sent to the specified email address immediately after the purchase.

If you cannot find the ticket and / or receipt in your inbox, we recommend that you search in its spam folder.

If you have not received your ticket one hour after the purchase, we encourage you to contact the Company 's support.

4.6 Dissemination of tickets             

By arranging the sale of tickets, the Company receives payment from you as a ticket buyer for simultaneous delivery of the ticket. 

The ticket buyer recognizes and accepts that the Company only delivers the purchased tickets to the ticket buyer and communicates the payment to the ticket seller, and the Company does not deliver the arrangement, etc. for which tickets are purchased. At the same time, the ticket buyer acknowledges and accepts that he / she cannot claim a refund against the Company, but that this must be done to the ticket seller.

4.7 Cancellation             

Pursuant to the "Act on certain consumer agreements section 17 (2), cf. section 9 (2) (2a)", the purchase of tickets is not covered by the right of withdrawal. Ticket and possibly management fees are not refundable.

The ticket buyer can apply for a refund of a ticket with the ticket seller before the event in question is held, provided tickets for this event are still on sale. It is the ticket seller alone who assesses whether a refund can be made.

4.8 Replacement             

Neither the Company nor the ticket seller reimburses lost, stolen, broken or damaged tickets, etc. 

If an event is canceled, it is the ticket seller's responsibility to inform the Company and you as a ticket buyer thereof, and it is the ticket seller's responsibility to cause a refund to be made to you.

You cannot hold Company liable for abuse of user accounts.

4.9 Payment Terms             

All prices are incl. VAT and other taxes unless explicitly stated otherwise. Payment is net cash.

The price of the ticket, service or product is deducted on your card when the order is confirmed.

4.10 Event information          

As a ticket buyer, you agree that the Company will store necessary information about you to process your order.

4.11 Limitation of Liability          

The Company cannot be held responsible for lost data due to system failure, own system failure, subcontractor systems failure or the like.

The Company's liability towards you as a ticket buyer is limited to cases where the Company has shown gross negligence or intent, and any. Liability in no case includes indirect losses of any kind, including, for example, operating losses, loss of profits, loss of data, loss of goodwill or the like.

5. GENERAL INFORMATION FOR USE OF THE COMPANY'S SERVICES               

5.1             Cookie and data policy

Cookies are small text files that can be read and stored on your computer / device .

The Company uses Cookies to remember your username, password and language, collect statistics about how the website is used through Google Analytics, and enable sharing of content via social media.

Cookies can be easily removed but the exact method depends on your browser. See how to delete or block cookies at http://minecookies.org/cookiehandtering .

Cookies are stored for a different number of months depending on the purpose of the individual cookies. Each time you visit the Company, the period of the various cookies is extended and they are automatically removed when they expire.

5.2 Google Analytics             

The Company uses "Google Analytics" to collect usage information.

Google Analytics collects information such as how often the user visits the Company, which pages are visited by the Company, and which other sites the user visits within the Company.

The company uses information from Google Analytics to improve the website.

Google Analytics collects only your IP address and your Company User ID, and does not collect your name or other identifying information.

Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone other than Google.

Google's ability to use and share information collected by Google Analytics about your visits to the Company is governed by the Google Analytics Terms and the Google Privacy Policy. You can prevent Google Analytics from recognizing you by disabling cookies on your browser.

Google Analytics uses only first-party cookies for data analysis. This means that cookies are linked to a specific domain and Google Analytics will only use this cookie data for statistical analysis related to your browsing behavior on that specific website. According to Google, the data collected cannot be altered or retrieved by services from other domains.

You can opt out of cookies from Google Analytics here: http://tools.google.com/dlpage/gaoptout .

5.3 Google Adwords             

The Company uses Google AdWords to advertise on third-party websites (including Google) to former visitors to the Company's website. This may mean that the Company is advertising to previous visitors who have not completed a purchase on the Website.

This can be, for example, in the form of an advertisement on a Google search result page or a page on the Google Display Network.

Third-party vendors, including Google, use cookies to serve ads based on the user's prior visit to the Company.

The information collected is used in accordance with the Company and Google's privacy policy.

You can set and change the settings for how Google promotes you in Google settings.

5.4             Personal data and privacy policy

As a user of the Company, you authorize us to record and process personal information about you and your activities. This information is used to give you relevant offers and recommendations as well as to execute your ticket bookings.

The Company generally does not pass on any personal data or other information entered on this website to any third party. However, the Company reserves the right to disclose the name, telephone number and e-mail to the event organizer / ticket sellers and business partners in order to fulfill what you have requested as a user of the Company's digital platform.

Personal data is stored for a maximum of 6 months after use after the information has ceased to be used as part of an agreement. 

According to the Personal Data Act you have a number of rights which we have summarized in the following. We have not included all the details, so if you want the full overview, we refer to the relevant laws and guidelines which you can find on the Danish Data Protection Agency's website.

The primary rights are according to the Personal Data Act: 

    1. The right to insight 
    2. The right to get wrong data corrected 
    3. The right to have data deleted 
    4. The right to restrict data processing 
    5. The right to oppose data processing 
    6. The right to have data transferred to a third party 
    7. The right to appeal to a superior authority 
    8. The right to withdraw a data processing license 

You have the right to know whether we process your personal data, where we do this, what data we process, who has access to your data, and information about the purpose of the data processing. 

If it is considered that it is not harmful to third parties, you may receive a copy of the personal data we store.

5.5             Advertising etc.

If you have agreed to receive marketing material from the Company, you will receive emails and notifications with;

    1. general news and updates from the Company, including information and offers relating to the Platform, as well as similar products and services offered by the Company,
    2. information and offers of new or improved features, advertising opportunities, contests or promotions regarding the Company and / or advertisements with the Company,
    3. information and invitations to events held by the Company or members of the Company.

Please note that you can withdraw your consent at any time by using the link at the bottom of each request and that you can set notifications via your PC, phone or tablet.

We do not disclose your personal information to third parties. 

5.6             Liability and general conditions

The Company cannot be held responsible for lost data due to system failure, own system failure, subcontractor systems failure or the like.

The Company's liability towards you is limited to cases where the Company has shown gross negligence or willful misconduct. Liability in no case includes indirect losses of any kind, including, for example, operating losses, loss of profits, loss of data, loss of goodwill or the like.

5.6.1 Intellectual Property Rights         

You acknowledge that all copyrights, trademarks, and other intellectual property rights in and to the Company's services are owned by the Company. You may not use these intellectual property rights or the Company's services, except to the extent necessary to carry out trades in the manner provided in these Terms of Trade.

5.6.2         Abuse of the Company's services

The Company reserves the right to suspend or cancel a user's account / profile if it appears to us to be a breach of any provision of these Terms of Trade, including any false registration information or other misuse of the Company's services. Persons whose account has been canceled or canceled may not re-register for the Company's services without prior consent.

The Company Support may grant warnings and - in the case of several infringements - quarantine or exclusion from the Company's service, in the event that actions are taken in violation of these terms of trade, Danish law or the Company's rules in general.

If we choose to close a profile on any of the above-mentioned grounds, this will be done without reimbursement of purchased Premium membership.

5.6.3         Lack of access to the Company

The Company cannot guarantee that access to the Platform will be possible at any time, as the site may be inaccessible from time to time. This may involve either a planned temporary closure or a technical breakdown, and the Company cannot be held liable for the lack of access that you as a user may experience.

5.6.4         Responsibility 

The Company is not liable for any direct or indirect losses incurred in connection with the use of the Company's services, for example. as a result of damage or consequential loss, loss of data, profit, revenue or business, regardless of how the loss may have occurred. However, the Company is liable under Danish law if the Company acts as a trader.

5.6.5 Customs duties, VAT and duties         

If you buy a product in a country outside the EU, you should be aware that you, as a buyer, may be charged customs, VAT or other taxes. The company cannot become liable as a result.

5.6.6         Force majeure

The Company is not responsible for any failure to comply with our obligations under this Agreement due to factors beyond the Company's control and which the Company should not reasonably have foreseen.

This includes war, natural disasters, labor market strikes, government regulations, failed subcontractor deliveries , price-increasing circumstances, and similar events that are beyond the Company's control as force majeure.   

5.7 Contact Information             

The Company may be contacted via the contact information applicable at any time , which is available on the Platform.