GENERAL TERMS AND CONDITIONS OF USE
These General Terms and Conditions define the conditions of use of the services of the website ONMYHORSE.COM hoisted and managed by Xdesign, registered under the Belgian Commercial Code number BE0445344816 (hereinafter referred to as “the Company”).
These “General Terms and Conditions of Use” are applicable to the use of the www.onmyhorse.com website and any platform or mobile application giving access to the current or future services, notably any mobile site, mobile application, affiliated Website or affiliated platform (hereinafter “the Site”) and other services provided by the Company.
The www.onmyhorse.com website is a platform facilitating the connection between buyers and sellers for the purchase and sale of equestrian products, including the sale of horses, by allowing them to create, publish, search and/or browse advertisements. The Company does not in any way intervene in the sale between users nor does it have any control over the legality, accuracy or content of the advertisements posted on the Website.
The access to the Website, its consultation and its use are subject to the unreserved adherence to the present General Terms and Conditions of Use.
The Terms and Conditions of Use shall constitute a contract governing the relationship between the User and the Company. These Terms and Conditions of Use cancel and replace all previous provisions not expressly referred to and constitute the entirety of the rights and obligations of the Company and the User.
Modifications to these General Terms and Conditions by the User will not be accepted.
“Account” designates the strictly personal interface accessible to Users, which enables them to login to the Site, to benefit from the Services for which they have registered, to complete and modify their profile and where applicable, to update or revise their profile and their advertisements.
“Services” designates the services offered by the Company on the Site. These services consist of providing Users with a virtual exchange platform to enable networking between Users wishing to sell or buy equestrian products.
“Site” designates the www.onmyhorse.com website.
“User” designates any user (natural or legal person) accessing the Site.
1. Acceptance of the General Terms and Conditions
By accepting these General Terms and Conditions, you expressly warrant to the Company that:
- if any of your publications on the Website are subject to the legal rights of third parties, you have obtained all necessary releases and permissions to publish to grant us the licence;
- you are at least 18 years of age;
- you are lawfully able to enter into contracts;
- you will not take any action or fail to take any action that may affect our rights in your publications and notices;
- your publications and notices do not infringe the rights of third parties and do not include obscene, racist or xenophobic, blasphemous, threatening, pornographic or defamatory material and, in general, any remarks or content contrary to the purpose of the Services, to the applicable laws and regulations, to the rights of individuals or to accepted standards of behaviour;
- your publications and opinions do not violate any law, regulation or ordinance;
- your publications are true and accurate and do not include misleading information about our Company or our services.
Any breach of the aforementioned obligations constitutes a serious breach of the User’s contractual obligations. Pursuant to Article 10 “Termination”, in the event of a breach of one or more of the aforementioned Obligations, the Company may terminate the contract and permanently delete the Account of the User concerned, without compensation.
The account may be deleted at any time without charge after sending an e-mail to the defaulting User specifying the reason for the deletion of their account. Where necessary, the Company reserves the right to demand explanations and reasons from the User in order to support the violations observed before taking its decision to permanently delete the account of the User deemed at fault.
2. How Do I Register on the Website?
Registration to the Website via the creation of a personal profile is free. This registration grants access to a platform that can be accessed via a personal space.
Registration involves the User’s obligation to provide his or her contact details clearly and accurately (first and last name, telephone number and e-mail address).
Online registration on the Platform is mandatory to benefit fully from the services offered by the Company (particularly publishing an ad, contacting a seller, tracking an ad, etc.).
The Company is not responsible for verifying the identity, capacity, reliability or skills of the Users.
Each User may only have one personal account on the Platform. The User hereby pledges not to create or use any other account than the one they initially created. The Company reserves the right to terminate any extra account of a User immediately.
Registration is validated by a confirmation email sent by the Company.
After registration, the User can change their profile information (such as changing the password or language choice), modify or delete the ad(s) that are published.
When the prerequisites for registration are fulfilled, the User is given a strictly confidential and personal login and password allowing them to access their Account and the Company’s Services.
- Services Provided by the Company
The Services offered on the Website are the provision of a sharing platform that facilitates contacts between sellers and buyers in order to buy and sell equestrian products, by allowing users to create, publish, search and/or consult ads.
The Company provides Users who register on the Website a personal space allowing the seller to create a profile that will be shown to other users and to post the sale of a product or a service on their own dedicated page. The seller user can administer their orders from their personal space and directly contact the users who have expressed an interest in their ad.
Users can also perform a more detailed search for the products they are interested in by selecting the criteria proposed by type of horse, equipment or vehicle identified on the Site.
4. User’s Obligations When Using the Services
The Company shall not be liable for any events of any nature that may arise during “physical” meetings between Users as a result of the use of the Services.
Within the framework of the User’s access to the Site, the User explicitly refrains, in any way whatsoever and regardless of the technical means used, from:
- consulting, posting, downloading, sending or otherwise transmitting any content from the Website that is in breach of the laws and regulations in force;
- performing any act that could compromise the good functioning of the Site, in any manner whatsoever;
- reading the contents of other Users systematically for the purpose of using this data outside the Site;
- posting, uploading, emailing or otherwise transmitting any content that is unlawful, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racist or otherwise objectionable;
- attempting to mislead other users by usurping the name or corporate name of others;
- refusing to comply with any conditions, procedures, general rules or regulations applicable to the networks attached to the Site;
- collecting and storing personal data about other Users;
- (In)directly linking to or including descriptions of goods and/or services that are prohibited under these Terms and Conditions and that a User may not offer or include under these Terms and Conditions.
- publishing any announcement for advertising purposes, any element unrelated to the proposed content, any element that is misleading, false or of nature to mislead as to the proposed content.
- directly or indirectly redirecting to a competitor’s Website or to an entity that is in competition with the Company.
Users agree to comply with all the legal information required for the publication of their ads.
The User is not allowed to register as a seller on the Platform if they are deemed as professionals within the meaning of the law. Only non-professional users are allowed to register on the Website and must take care not to exceed a certain annual number of sales on the Platform, by not reselling goods bought only to be resold, by not selling products that they have directly created.
Masquerading as a consumer by a Professional is a deceptive commercial practice that can result in fines and imprisonment.
By agreeing to these General Terms and Conditions, the User acknowledges and warrants that the Company has the right to use, publish and exploit any content (text, images, information) that the User may have provided to the Company from the Website for the purpose of performing the Services.
Consequently, the User grants the Company a licence to the contents communicated for the purpose of being published on the Website. This licence is granted free of charge, worldwide, non-exclusive, transferable and sub-licensable to allow the Company to use, publish and reproduce the contents within the framework of the operation and promotion of its Services.
The User also acknowledges that their data may be used by the Company to create a sales history on the Site.
When creating a personal account, the User guarantees to provide accurate, up-to-date and complete data and to ensure that it is regularly updated. Failure to do so will enable the Company to suspend or terminate the User’s account, or to refuse the User access to all or part of the Website or its content.
Only Users registered on the Website may create, publish and manage advertisements under the conditions hereinafter defined:
– The User guarantees to provide all relevant information for the sale of their goods in their ad and to publish photographs or videos that they have taken themselves or for which they own the rights. The information published must be consistent with the product on offer.
– The advertisements must concern products or services effectively and immediately available and fully owned by the User.
– Each ad must propose a single good or service for sale. A lot can be put up for sale, but it must have a global price, as unit prices are forbidden.
– The advertisements must be posted in the relevant category and the department where the property is located and according to the search criteria proposed by the Site.
– The User guarantees to provide all the relevant information for the sale, rental or service offer, and to publish photographs or videos of the goods or services for each ad, excluding any logo, website address, link to a website or advertisement.
– The products must be commercially available.
– The User shall not publish advertisements that infringe legal or contractual rules governing the distribution or sale of the product.
– Advertisements for the sale of horses, ponies, stallions and other equines must comply with the applicable legislation on the keeping and identification of equines.
– The User shall immediately remove any advertisements featuring a product that has already been sold, and/or any advertisements relating to a product that the User no longer wishes to offer for sale.
The Company also reserves the right to refuse, block or delete any advertisement published by the User which is in breach of these General Terms and Conditions or that would indicate that the property is “sold” or “no longer available”, without prior notice or payment of compensation to the User.
Users may also interact among themselves through a private messaging system accessible on the Site.
Any improper use of the messaging system is deemed sufficiently severe to allow the Company to terminate the User’s account without notice.
The User acknowledges that the features offered via the Website are subject to change. Thus, some features will be removed, and others added, without the User being able to claim that access to a particular feature constitutes an acquired right. Furthermore, the Company will decide whether or not to include or delete any content presented on the Website.
The Company reserves the right, at any time and for any reason whatsoever, to temporarily or permanently modify or interrupt all or part of the access to the Website, without having to inform the Users in advance.
This shall apply, for example, in the event of the maintenance of the Website or a major overhaul of the content and/or the functionalities offered.
In the event of misuse, the User may report the content, behaviour or remarks of another User which they deem to be in breach of the laws and regulations in force, the image of the Company or the purpose of the Services, the rights of a third party or good morals on the platform.
The products sold by an Individual user, although not subject to the guarantee of conformity of the consumer code, are subject to the guarantee of hidden defects (articles 1641 and following of the civil code).
The buyer and the seller must contact each other to arrange for the return of the product and the refund, if applicable.
5. Intellectual Property
All the elements of the Website belong to the Company or are used by the Company on the Website with the permission of their owner.
These General Terms and Conditions of Use do not entail the transfer of any intellectual property rights or any licence to the User concerning either the structure or the content of the Site. The User shall not use the Website and the Service in an unfair or deceptive manner or in such a way as to infringe the Company’s rights. The User shall not alter digital or paper copies of any content for commercial or publication purposes.
However, the User may use the Website and print and download content from the Website for their own personal, non-commercial use, subject to compliance with the present article.
A breach of the present provisions shall entitle the Company to terminate the contract, to delete the User’s account without justification and to take action against the User who is responsible for the infringement.
Any copy of the logos, textual content, pictograms, trademarks or videos of the Website – although this list is not exhaustive – is strictly forbidden and is tantamount to counterfeiting, without prejudice to the exceptions applicable in this area.
The trademarks and logos featured on the Website are registered by the Company or, possibly, by one of its partners or agents. Anyone attempting to represent, reproduce, imbricate, distribute or rebroadcast these trademarks and logos may be held liable for damages.
With the exception of the cases listed in this article, the Website may not be used, and no part of the Website may be reproduced or stored in another Website or included in a public or private electronic retrieval system or service, without the prior written permission of the Company.
The User acknowledges that the characteristics and constraints of the Internet do not allow guaranteeing absolute security on the Internet.
Consequently, the Company cannot be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of the Service or other.
The Company cannot be held responsible for any malfunction, impossibility of access or poor conditions of use of the Website and Services resulting from inadequate equipment, internal malfunctions of the User’s access provider or for any other reasons outside the Company’s control that constitute force majeure.
The User shall waive any recourse against the Company, particularly on the grounds of possible infringement of their right to image, to the confidentiality of their private life, resulting from the dissemination or disclosure of information, photographs or other content pertaining to them at their initiative, insofar as the User has previously, freely and explicitly agreed to such disclosure by registering for the Services and by posting this information on the Website.
The Company declines all responsibility for the accuracy or inaccuracy of the information and content provided by the Users, or for the consequences arising from the use of such information and content.
The Company shall in no way be held responsible for the legality, accuracy, offer, content, proper functioning and/or quality of the goods and/or services offered within the framework of the advertisements published on its Site.
The Company is not responsible for any physical, moral or economic damage resulting from the use of the Site.
The Company is not responsible for the non-performance of the contract resulting from an event of force majeure as defined by the jurisprudence of the Belgian courts and tribunals, particularly in the event of a total or partial strike of external services or disasters caused by floods or fires.
It must be reiterated that all texts, data, photographs, or other contents of the advertisements placed on the Website at the request of a User are their sole and exclusive responsibility. Consequently, the Company declines all responsibility for exchanges between Users, the result of a negotiation, the conclusion or failure to conclude a sales contract, and in the event of a breach of legal, contractual and/or pre-contractual obligations by a User in connection with the sale of an equine or other equestrian product.
- External links and resources
The Website may feature links or hyperlinks to the websites of third parties.
The Company is not responsible for the presence of links to external sites and cannot be held liable for the content, advertisements, products, services or any other element available on or from these third-party sites that it was not made aware of. The consultation and use of third-party sites are carried out under the sole responsibility of the User. The User is advised to consult the general Terms and Conditions of Use of these third-party websites to understand the contractual scope that applies to them.
7. Termination of the Contract
The User may terminate their contractual relationship with the Company at any time, at no cost and for any reason, by deleting their account on the Site.
The Company may terminate the contract in the event of failure to comply with these General Terms and Conditions or for any other default, provided that a formal notice sent by post or e-mail has remained without any response for a period of thirty (30) days.
In exceptional circumstances, the account may be terminated by the Company without notice or compensation should the User be found to be guilty of serious misconduct, particularly if the User has breached a legal obligation under national law or if the Company can prove that the User concerned has repeatedly violated these General Terms and Conditions.
The account may be terminated in the event of complaints from Users. In such cases, the Company will inform the User of the existence of such complaints, and the User will be given the opportunity to respond to such complaints before the decision to terminate their account is taken. In the interim, the User’s account may be terminated if the offence is particularly severe.
The termination of the account does not constitute a right to compensation. However, the Company will send an email to the address provided by the User notifying the termination of the contract.
Termination is effected without prejudice to any damages that may be claimed by the Company or its assignees as compensation for the prejudice for which the User is liable.
8. Settlement of Claims
Users’ complaints within the framework of the execution of the contract (complaints about the quality of the services, etc.) must be submitted directly to the complaints department at the contact address ……………… within two (2) weeks of the User being aware of the detected fault.
In the event that no amicable solution can be found between the parties, the parties accept that the dispute may be brought before the Francophone Court of First Instance of Brussels, or the Francophone Company Court of Brussels, at the choice of the User, provided that he is a legal consumer.
9. Resolution of Disputes
In the event of a dispute over the interpretation, the execution or the application of these General Terms and Conditions, it is hereby acknowledged that Belgian law shall apply and that the dispute may be brought before the French-speaking Court of First Instance of Brussels or the French-speaking Company Court of Brussels, at the User’s discretion, provided that the User is a consumer.
10. Personal Data