Terms and Conditions

CHAPTER 1 – DEFINITIONS

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

1.1 Sporthorses

Sporthorses B.V., established in the Netherlands, as well as all websites, web applications, mobile applications and other online services operated by it to which these Terms and Conditions apply.

Where these terms and conditions refer to Sporthorses, this also includes the websites and services offered under the responsibility of Sporthorses B.V.

1.2 Platform

The online trading platform of Sporthorses on which users can offer, search for and view horses, ponies and related equestrian products and services, or contact each other about them.

1.3 Website

All websites operated by Sporthorses to which these Terms and Conditions apply.

1.4 User

Any natural person or legal entity who visits the Website or uses the Platform, whether or not an account has been created.

1.5 Account

The personal or business user profile through which a user gains access to those parts of the Platform for which registration is required.

1.6 Seller

Any user who offers one or more horses, ponies, embryos, semen, equestrian products or services via the Platform.

1.7 Buyer

Any user who shows interest in a listing or contacts a seller via the Platform with the aim of obtaining information or concluding an agreement.

1.8 Professional Seller

A natural person or legal entity acting in the course of a profession or business.

1.9 Consumer

A natural person who is not acting in the course of a profession or business.

1.10 Listing

Any offer placed by a user on the Platform, including all associated data, texts, photos, videos, documents and other information.

1.11 Horse

In these terms and conditions, horse also means:

• pony;
• foal;
• embryo;
• broodmare;
• stallion;
• gelding;
• semen;
• other equestrian categories permitted by Sporthorses.

1.12 Content

All information placed or made available on the Platform by users or by Sporthorses, including:

• texts;
• photos;
• videos;
• documents;
• logos;
• ratings;
• comments;
• images;
• metadata;
• other digital information.

1.13 Sales Service

The additional service of Sporthorses providing support in the presentation, promotion and sale of horses.

The Sales Service does not automatically make Sporthorses a contracting party to a purchase agreement.

1.14 Auction

Any online auction organised or offered via the Platform.

1.15 Review

A rating posted on the Platform by a user about a seller or the seller's services.

1.16 Premium Services

All paid services offered by Sporthorses, including among other things:

• Premium listings;
• subscriptions;
• listing promotions;
• banner advertisements;
• additional marketing services;
• other paid functionalities.

1.17 Agreement

Any agreement concluded between Sporthorses and a user with regard to the use of the Platform or the purchase of a service.

1.18 Services

All services offered by Sporthorses, including:

• the publication of listings;
• the Sales Service;
• premium services;
• auctions;
• reviews;
• newsletters;
• other online functionalities.

1.19 Business Day

Monday to Friday inclusive, with the exception of generally recognised public holidays in the Netherlands.

1.20 In Writing

In writing also means communication by e-mail or by another electronic means of communication the content of which can be stored durably.

1.21 Intellectual Property Rights

All intellectual property rights, including copyrights, database rights, trade mark rights, trade name rights, design rights and other comparable rights.

1.22 Terms and Conditions

These Terms and Conditions of Sporthorses, as amended from time to time.

1.23 Where these Terms and Conditions use the words "among other things", "including" or comparable wording, this expressly means that the enumeration that follows is not exhaustive.

1.24 Singular and plural

Where words in these Terms and Conditions are used in the singular, they also include the plural and vice versa, unless the context expressly indicates otherwise.

1.25 Headings

The titles and headings in these Terms and Conditions serve solely for readability and have no bearing on the construction or interpretation of the provisions.

CHAPTER 2 – IDENTITY OF SPORTHORSES

Article 2 – Identity of Sporthorses

2.1 Operator

The Platform is operated by:

Sporthorses B.V.

Having its registered office in the Netherlands.

The current company details, including the business address, Chamber of Commerce (KvK) number, VAT identification number and contact details, are stated on the Website and form an integral part of these Terms and Conditions.

2.2 Contact details

For questions about the Platform, these Terms and Conditions or the services of Sporthorses, contact can be made via the contact details stated on the Website.

Sporthorses endeavours to answer questions within a reasonable period, but cannot give any guarantee as to response times.

2.3 Services

Sporthorses operates an online platform on which supply and demand within the equestrian sector are brought together.

The services of Sporthorses may consist of, among other things:

• the publication of listings;
• the offering of subscriptions and premium services;
• the facilitation of communication between users;
• the offering of the Sporthorses Sales Service;
• the organisation or facilitation of online auctions;
• the publication of reviews;
• the offering of news, articles and other information;
• other services related to the Platform.

Sporthorses reserves the right to expand, change or discontinue its services.

2.4 Scope of the Platform

The Platform is accessible to users from the Netherlands and abroad.

Sporthorses may offer services in several languages and via various domain names or websites. These Terms and Conditions apply to all of these websites and services, unless expressly stated otherwise.

2.5 Role of Sporthorses

Sporthorses operates an online platform on which buyers and sellers can come into contact with each other.

Unless expressly agreed otherwise in writing:

• Sporthorses is not the owner of the horses offered;
• Sporthorses does not act as buyer or seller;
• Sporthorses is not a party to the purchase agreement between buyer and seller;
• Sporthorses does not represent either party.

The final purchase agreement is concluded exclusively between buyer and seller.

2.6 Changes

Sporthorses is entitled to change its business operations, websites, trade names, services and technical set-up if, in its opinion, this is necessary for the continuity, security or further development of the Platform.

Such changes do not entitle users to compensation or to rescission of an agreement, unless mandatory law provides otherwise.

2.7 Availability of the Platform

Sporthorses strives for the highest possible availability of the Platform.

However, Sporthorses cannot guarantee that the Website or parts thereof will be available at all times without interruption or malfunction.

Sporthorses is entitled to take the Platform temporarily out of service for maintenance, updates, security measures or technical improvements.

2.8 Cooperation with third parties

For the performance of its services, Sporthorses may make use of third parties, including providers of hosting, payment services, communication services, translation services, mapping services and other technical suppliers.

Sporthorses is entitled to select or replace these third parties at its own discretion.

2.9 Future services

If Sporthorses introduces new services, functionalities or websites in the future which by their nature fall under these Terms and Conditions, these Terms and Conditions shall likewise apply to them, unless expressly provided otherwise.

2.10 Precedence

If additional terms and conditions apply to a specific service, those additional terms and conditions take precedence over these Terms and Conditions for that specific service, insofar as they conflict with each other.

For all other parts, these Terms and Conditions continue to apply in full.

CHAPTER 3 – APPLICABILITY

Article 3 – Applicability of these Terms and Conditions

3.1 General

These Terms and Conditions apply to every use of the Platform, the Website and all services offered by Sporthorses.

By visiting the Website, creating an account, placing a listing, purchasing a service or otherwise using the Platform, the user declares to have taken note of these Terms and Conditions and to agree to them.

3.2 Scope of application

These Terms and Conditions apply, among other things, to:

• visiting the Website;
• creating and using an account;
• placing, amending and removing listings;
• purchasing Premium Services;
• the Sporthorses Sales Service;
• reviews and ratings;
• online auctions;
• communication via the Platform;
• newsletters and other digital services;
• any agreement between Sporthorses and a user.

3.3 Users

These Terms and Conditions apply to all users of the Platform, including but not limited to:

• private sellers;
• professional sellers;
• buyers;
• visitors;
• companies;
• stables;
• breeders;
• dealers;
• intermediaries.

3.4 Deviations

Deviations from these Terms and Conditions are valid only if they have been expressly confirmed in writing by Sporthorses.

The failure of Sporthorses to invoke a provision of these Terms and Conditions does not mean that Sporthorses waives any right.

3.5 General terms and conditions of third parties

The applicability of general terms and conditions of users or third parties is expressly rejected, unless Sporthorses has accepted them in writing.

3.6 Amendment of the Terms and Conditions

Sporthorses is entitled to amend or supplement these Terms and Conditions from time to time.

Amendments are published on the Website and take effect on the date stated therein.

If a user continues to use the Platform after the effective date, the user is deemed to have agreed to the amended Terms and Conditions.

If an amendment has far-reaching consequences for existing agreements, Sporthorses will, insofar as reasonably possible, inform users thereof in advance.

3.7 Nullity or voidability

If one or more provisions of these Terms and Conditions prove to be wholly or partly null and void, voidable or unenforceable, the remaining provisions remain in full force.

In that case, Sporthorses and the user shall enter into consultation in order to replace the provision concerned with a provision that approximates the intent of the original provision as closely as possible, within the limits of the law.

3.8 Order of precedence of terms and conditions

If additional terms and conditions apply to specific services, such as the Sporthorses Sales Service, Premium Services or online auctions, those additional terms and conditions prevail solely for the part concerned in the event of a conflict between them.

In all other respects, these Terms and Conditions continue to apply in full.

3.9 Continued effect

Provisions which by their nature are intended to remain in force after the termination of an agreement or account retain their effect after such termination.

These include, among other things, provisions relating to:

• liability;
• indemnification;
• intellectual property rights;
• payment obligations;
• disputes;
• applicable law.

3.10 Electronic communication

Communication between Sporthorses and users may take place by electronic means, including e-mail, messages within the Platform and other digital means of communication.

Electronic communication has the same legal force as written communication, insofar as the law permits.

3.11 Language

Sporthorses may make these Terms and Conditions available in several languages.

In the event of differences in construction or interpretation between language versions, the Dutch version prevails, unless mandatory law or a written agreement provides otherwise.

3.12 Future functionalities

New functionalities, services or extensions of the Platform automatically fall under these Terms and Conditions, unless Sporthorses expressly indicates that separate terms and conditions apply to them.

3.13 Entire agreement

These Terms and Conditions, together with any additional terms and conditions and the privacy statement, constitute the entire agreement between Sporthorses and the user with regard to the use of the Platform and replace all earlier oral or written arrangements on the same subject, unless the parties have expressly agreed otherwise in writing.

CHAPTER 4 – THE PLATFORM

Article 4 – The Platform

4.1 Purpose of the Platform

Sporthorses operates an online platform on which supply and demand within the equestrian sector come together.

Via the Platform, users can, among other things:

• offer horses and ponies;
• search for horses and ponies;
• contact other users;
• make use of the Sporthorses Sales Service;
• consult or post reviews;
• purchase premium services;
• participate in auctions, if these are offered.

The aim of Sporthorses is to bring buyers and sellers into contact with each other in an accessible, transparent and professional manner.

4.2 Role of Sporthorses

Sporthorses solely facilitates the use of the Platform.

Unless expressly agreed otherwise in writing:

• Sporthorses is not the owner of horses offered;
• Sporthorses does not buy or sell horses;
• Sporthorses is not a contracting party to purchase agreements between users;
• Sporthorses does not represent any buyer or seller;
• Sporthorses does not act as broker, commission agent or intermediary.

The final agreement is concluded exclusively between buyer and seller.

4.3 Use of the Platform

Users must use the Platform carefully, honestly and in accordance with these Terms and Conditions.

It is not permitted to use the Platform for purposes that:

• are contrary to the law;
• are contrary to public order or public morals;
• may cause damage to Sporthorses or third parties;
• may disrupt the operation, security or reliability of the Platform.

4.4 Permitted listings

Only listings relating to categories permitted by Sporthorses may be placed on the Platform.

Sporthorses reserves the right to add, change or remove categories.

4.5 No guarantee of availability

Sporthorses strives for optimal availability of the Platform.

However, Sporthorses cannot guarantee that the Website or parts thereof will be available at all times without interruption, malfunctions or technical limitations.

Sporthorses is entitled to carry out maintenance, updates and security work, even if this results in the Platform being temporarily unavailable.

4.6 Changes to the Platform

Sporthorses reserves the right to change, expand or restrict the Platform, its functionalities, design, navigation, search functionality and the services offered at any time.

Users cannot derive any permanent rights from an existing functionality.

4.7 Use of third parties

For the performance of its services, Sporthorses may make use of services of third parties, including providers of:

• hosting;
• payment services;
• mapping services;
• communication services;
• e-mail services;
• analytics and security software;
• cloud solutions;
• other technical suppliers.

Sporthorses is entitled to change these service providers if this is necessary for the provision of its services.

4.8 Communication between users

The Platform offers users the opportunity to come into contact with each other.

Sporthorses is not a party to the communication between users and is not responsible for:

• the content of messages;
• arrangements made;
• negotiations;
• undertakings;
• agreements between users.

4.9 Own responsibility

Every user remains fully responsible for:

• the accuracy of the information provided;
• the content of listings;
• the accuracy of photos and videos;
• the communication with other users;
• the conclusion of agreements;
• the verification of documents;
• the verification of the identity of the other party.

Sporthorses advises users always to carry out their own independent investigation before concluding an agreement.

4.10 Use of the Platform by third parties

Sporthorses may make parts of the Platform available via partners or other websites.

These Terms and Conditions continue to apply thereto, insofar as the services are provided under the responsibility of Sporthorses.

4.11 Misuse of the Platform

Misuse of the Platform includes, among other things:

• placing inaccurate or misleading listings;
• placing listings on behalf of third parties without permission;
• distributing spam;
• placing offensive, discriminatory or unlawful content;
• disrupting the operation of the Platform;
• circumventing security measures;
• using automated systems that disrupt the normal operation of the Platform.

Sporthorses is entitled to take appropriate measures in the event of misuse.

4.12 Measures

If a user acts in breach of these Terms and Conditions or the applicable legislation, Sporthorses is entitled, among other things, to:

• issue a warning;
• amend or remove listings;
• temporarily restrict functionalities;
• temporarily block an account;
• permanently terminate an account;
• refuse further access to the Platform.

In doing so, Sporthorses will, insofar as reasonably possible, take into account the nature and seriousness of the breach.

4.13 No guarantee of transactions

Sporthorses does not guarantee that:

• a listing will lead to responses;
• a horse will be sold;
• a buyer will actually proceed to purchase;
• negotiations will be successful;
• an agreement will be concluded.

The Platform is intended solely to bring supply and demand together.

4.14 International services

The Platform may be accessible worldwide.

Users are themselves responsible for compliance with the laws and regulations applicable in the country in which they act or in which a transaction takes place.

4.15 Changes to services

Sporthorses reserves the right to introduce new services, functionalities or parts of the Platform.

Additional terms and conditions may apply to such new services.

If no additional terms and conditions have been declared applicable, these Terms and Conditions apply in full.

4.16 Continuity

Sporthorses strives to provide reliable and secure services.

Despite these efforts, malfunctions, maintenance work, security incidents or other circumstances may result in the Platform being temporarily wholly or partly unavailable.

Insofar as permitted by law, Sporthorses is not liable for damage arising from the temporary unavailability of the Platform.

CHAPTER 5 – ACCOUNTS

Article 5 – Accounts

5.1 Registration

The creation of an account is required for the use of certain parts of the Platform.

An account may be created by natural persons and legal entities.

By creating an account, the user declares:

• to be authorised to enter into this agreement;
• to provide all requested details completely and truthfully;
• to keep these details up to date;
• to have read and to accept these Terms and Conditions.

Sporthorses reserves the right to refuse a registration without stating reasons.

5.2 Account details

The user is responsible for the accuracy, completeness and currency of the details provided.

These include, among other things:

• name;
• company name;
• address;
• place of residence;
• country;
• e-mail address;
• telephone number;
• Chamber of Commerce (KvK) number;
• VAT number;
• website;
• other details necessary for the provision of the services.

If details change, the user must update them as soon as possible.

5.3 Account security

The user is responsible for the confidentiality of the login details.

The user must take all reasonable measures to prevent misuse of the account.

It is not permitted to:

• share login details with third parties;
• allow an account to be used by unauthorised persons;
• circumvent security measures.

If the user suspects that unauthorised persons have gained access to the account, this must be reported to Sporthorses immediately.

5.4 Personal use

An account is personal or company-specific and may be used only by the registered user.

Transfer of an account to a third party is permitted only with the prior written consent of Sporthorses.

5.5 Business accounts

If an account is created on behalf of a business, the person registering the account declares to be authorised to legally represent the business.

The business remains responsible for all acts carried out via the business account.

5.6 Verification

Sporthorses may request users to provide additional information in order to verify their identity or company details.

In doing so, Sporthorses may request, among other things:

• a valid proof of identity;
• a recent Chamber of Commerce (KvK) extract;
• a VAT number;
• a bank account in the name of the user or the business;
• additional supporting documents where reasonably necessary.

A verification means solely that certain details have been checked. No rights can be derived from it and a verification does not constitute a guarantee of the reliability, creditworthiness or integrity of a user.

5.7 Multiple accounts

It is not permitted to create multiple accounts with the aim of:

• circumventing restrictions of the Platform;
• using multiple free accounts;
• influencing reviews;
• manipulating search results or listing positions;
• evading measures taken by Sporthorses.

Sporthorses is entitled to merge, block or remove such accounts.

5.8 Use of the account

The user is responsible for all activities that take place via the account.

All acts carried out via an account are deemed to have been carried out by the account holder, unless the user demonstrates that there has been unauthorised use of which Sporthorses was notified in good time.

5.9 Misuse

Misuse of an account includes, among other things:

• providing inaccurate details;
• identity fraud;
• placing misleading listings;
• manipulating reviews;
• distributing spam;
• approaching users for unsolicited commercial purposes;
• uploading malicious software;
• acting in breach of laws and regulations or these Terms and Conditions.

5.10 Measures

If, in the opinion of Sporthorses, there is misuse or a breach of these Terms and Conditions, Sporthorses is entitled, among other things, to:

• issue a warning;
• request additional information;
• temporarily hide listings;
• remove listings;
• restrict functionalities;
• temporarily suspend an account;
• permanently terminate an account.

In doing so, Sporthorses will, insofar as reasonably possible, take into account the nature and seriousness of the breach.

5.11 Termination by the user

The user may terminate the account at any time via the Platform or by a written request to Sporthorses.

Outstanding payment obligations remain in full force after termination of the account.

5.12 Termination by Sporthorses

Sporthorses may terminate an account with immediate effect if:

• there is a serious or repeated breach of these Terms and Conditions;
• the user acts in breach of the law;
• the security or integrity of the Platform is jeopardised;
• there is fraud, deception or swindling;
• the user fails to fulfil their obligations despite warnings.

5.13 Consequences of termination

After termination of an account, Sporthorses may, among other things:

• remove listings;
• block access to the account;
• terminate premium functionalities;
• close reviews where this is necessary for careful handling.

Termination of an account does not release the user from obligations already entered into.

5.14 Retention of data

After termination of an account, Sporthorses may retain certain data insofar as this is necessary for:

• the performance of legal obligations;
• tax retention obligations;
• the handling of disputes;
• fraud prevention;
• the defence of legal claims.

Personal data are processed in accordance with the privacy statement and the applicable privacy legislation.

5.15 Changes to accounts

Sporthorses reserves the right to change or expand the set-up, functionalities and features of accounts if this is necessary for the development, security or improvement of the Platform.

Users cannot derive any permanent rights from specific functionalities.

CHAPTER 6 – LISTINGS

Article 6 – Listings

6.1 General

The Platform offers users the opportunity to place listings for horses, ponies and other equestrian products and services permitted by Sporthorses.

The placing of a listing does not mean that Sporthorses has checked, approved or endorsed the content of the listing.

6.2 Responsibility of the seller

The seller is fully responsible for the content of every listing.

The seller warrants that:

• they are authorised to offer the horse or product concerned;
• all information provided is accurate, complete and up to date;
• no misleading or inaccurate information is provided;
• the listing complies with the applicable laws and regulations;
• no rights of third parties are infringed.

6.3 Content of listings

A listing must at least contain an accurate description of the horse or product offered.

Where applicable, the seller provides correct information on, among other things:

• name of the horse;
• sex;
• date of birth or age;
• colour;
• breed or studbook;
• pedigree;
• discipline;
• level of training;
• height;
• location;
• asking price;
• any particulars.

Knowingly providing inaccurate or misleading information is not permitted.

6.4 Photos and videos

The seller is responsible for all photos, videos and other media placed with a listing.

By uploading media, the seller declares that:

• they own the rights or are authorised to use them;
• no copyrights, portrait rights or other rights of third parties are infringed;
• the media constitute a truthful representation of the horse or product offered.

Sporthorses is not liable for infringements of rights of third parties arising from media uploaded by users.

6.5 Prohibited listings

It is not permitted to place listings:

• containing inaccurate or misleading information;
• for stolen horses or goods;
• that are contrary to laws and regulations;
• with discriminatory, offensive or threatening content;
• that contain malware or malicious software;
• that are intended solely for advertising unrelated to the equestrian sector;
• that infringe the rights of third parties.

6.6 Checks by Sporthorses

Sporthorses is not obliged to check listings in advance.

However, Sporthorses reserves the right to assess listings manually or by automated means.

If, in the opinion of Sporthorses, a listing is in breach of these Terms and Conditions or applicable legislation, Sporthorses may take measures without prior warning.

6.7 Amending or removing listings

Sporthorses is entitled to amend listings wholly or partly, to make them temporarily invisible or to remove them if:

• they are in breach of these Terms and Conditions;
• they contain inaccurate or misleading information;
• rights of third parties are infringed;
• the listing is no longer current;
• a court judgment or order gives cause to do so;
• this is necessary for the security, reliability or quality of the Platform.

Sporthorses will, insofar as reasonably possible, inform the user thereof.

6.8 Duration of listings

A listing remains visible for the agreed placement period or until it is removed by the user.

After expiry of the placement period, Sporthorses may automatically remove or archive the listing, or offer the user the option of extending the listing.

6.9 Sold horses

If a horse has been sold, the seller must mark the listing as sold or remove it as soon as possible.

Sporthorses may archive sold listings for statistical purposes, market information or the further development of the Platform. In doing so, personal data are processed in accordance with the privacy statement.

6.10 Search results

Sporthorses independently determines the order in which listings are displayed.

The ranking may take into account, among other things, the following factors:

• the user's search query;
• selected filters;
• currency of the listing;
• quality and completeness of the listing;
• premium placements;
• relevance;
• other objective criteria that contribute to a good user experience.

No rights can be derived from a particular position in the search results.

6.11 Premium listings

A fee may be payable for certain types of listing.

Premium listings may offer additional visibility or additional functionalities.

The conditions, rates and durations are stated on the Website.

6.12 Publication on other websites

If this forms part of the services, Sporthorses may also publish listings on its affiliated websites or international domains.

As a result, a listing may become visible to an international audience.

6.13 No guarantee of sale

The placing of a listing offers no guarantee of:

• responses;
• viewings;
• bids;
• a sale;
• a particular sale price;
• a particular time frame for the sale.

Sporthorses performs a best-efforts obligation and not an obligation to achieve a specific result.

6.14 Withdrawal of listings

The seller may remove a listing at any time, unless different arrangements have been made in this respect in the context of a subscription, promotional campaign or the Sporthorses Sales Service.

6.15 Evidence

Sporthorses may require a seller to provide additional information demonstrating that they are authorised to offer the horse or product concerned.

If the requested information is not provided within a reasonable period, Sporthorses is entitled to temporarily remove the listing or to restrict the account.

6.16 Liability

The content of listings is entirely the responsibility of the user who placed the listing.

Sporthorses is not liable for damage arising from inaccurate, incomplete or misleading information in listings, unless there is intent or deliberate recklessness on the part of Sporthorses.

6.17 Complaints about listings

If a user is of the opinion that a listing is unlawful, misleading or otherwise in breach of these Terms and Conditions, this may be reported to Sporthorses.

Sporthorses assesses such reports carefully, but is not obliged to remove a listing solely at the request of a third party.

6.18 Final provision

Sporthorses reserves the right to establish additional guidelines for the placing of listings. Once published on the Website, these guidelines form part of these Terms and Conditions.

CHAPTER 7 – SPORTHORSES SALES SERVICE

Article 7 – Sporthorses Sales Service

7.1 General

In addition to the online listing platform, Sporthorses offers an additional service under the name Sporthorses Sales Service.

The Sales Service is intended to support sellers in the presentation and sale of their horse(s) to a national and international audience.

The Sporthorses Sales Service constitutes an additional service and does not form part of the standard listing service.

7.2 Purpose of the Sales Service

The purpose of the Sales Service is to increase the chance of a successful sale by means of professional presentation, guidance and international promotion.

Depending on the arrangements made, the service may consist of, among other things:

• intake of the horse;
• assessment of whether a horse is suitable for the Sales Service;
• professional photography;
• video production;
• writing and optimising listing texts;
• translations;
• international promotion;
• placement on the websites of Sporthorses;
• placement on linked international websites;
• guidance of interested buyers;
• scheduling of viewings;
• guidance during trial rides;
• support during the sales process.

Sporthorses determines which parts of the Sales Service are offered in an individual case.

7.3 Selection

Not every horse automatically qualifies for the Sporthorses Sales Service.

Sporthorses reserves the right to refuse a horse without stating reasons if, in its opinion, it does not fit within the objective or quality standards of the Sales Service.

No rights can be derived from an application.

7.4 Clinical and radiographic examination

Sporthorses may require a horse to have a recent clinical and radiographic examination.

If so requested, the owner must make the requested examination reports and radiographs available.

Sporthorses may have these documents assessed by an independent veterinarian.

A positive assessment means solely that the horse is deemed suitable for inclusion in the Sporthorses Sales Service.

No guarantees or rights with regard to the health or suitability of the horse can be derived from it.

7.5 Assessment by Sporthorses

Sporthorses may have a horse assessed by one or more experienced riders or other experts.

The assessment may relate to, among other things:

• character;
• rideability;
• behaviour;
• movement;
• jumping ability;
• suitability for the intended target group;
• general impression.

This assessment is intended solely for the internal selection of horses for the Sales Service.

7.6 No guarantee of sale

Sporthorses performs a best-efforts obligation only.

Sporthorses gives no guarantee that:

• a horse will be sold;
• a particular sale price will be achieved;
• a sale will take place within a particular period;
• a minimum number of interested parties will be reached.

7.7 Not a contracting party

Sporthorses is not a party to the purchase agreement between buyer and seller.

The final purchase agreement is concluded exclusively between buyer and seller.

All arrangements concerning, among other things:

• purchase price;
• payment terms;
• delivery;
• transfer of ownership;
• warranties;
• rescission;
• transfer of risk,

are made exclusively between buyer and seller.

7.8 No broker

Unless expressly agreed otherwise in writing, Sporthorses does not act as broker, commission agent or authorised representative of the buyer or seller.

The support provided by Sporthorses in the context of the Sales Service cannot be regarded as a brokerage agreement within the meaning of Section 7:425 of the Dutch Civil Code (BW), unless the parties expressly agree otherwise in writing.

7.9 Communication

Sporthorses may maintain contact with interested parties on behalf of the seller.

This includes, among other things:

• answering questions;
• providing information;
• scheduling appointments;
• organising viewings;
• organising trial rides.

This does not give rise to any representation of or power of attorney on behalf of the seller.

Final arrangements are made exclusively by buyer and seller.

7.10 Viewings and trial rides

Sporthorses may facilitate viewings and trial rides.

Participation in a viewing or trial ride takes place entirely at the risk of the parties involved.

The owner remains responsible for the horse throughout the entire period during which the horse is their property.

7.11 International promotion

Sporthorses may promote horses worldwide via:

• its own websites;
• international domains;
• social media;
• newsletters;
• partner websites;
• other marketing channels.

Sporthorses independently determines which promotional means are used.

7.12 Advertising material

The owner grants Sporthorses permission to use photos, videos, texts and other information for the promotion of the horse for the duration of the Sales Service.

This permission covers solely use for the purposes of the services of Sporthorses.

7.13 Responsibility of the owner

The owner remains responsible for:

• the accuracy of all information provided;
• the health of the horse;
• the ownership of the horse;
• the pedigree;
• veterinary information;
• passport and registration;
• compliance with legal obligations.

7.14 Responsibility of the buyer

The buyer remains responsible for carrying out their own investigation into:

• the health of the horse;
• the suitability for the intended use;
• veterinary reports;
• ownership;
• documents;
• other relevant circumstances.

Sporthorses advises buyers always to have an independent pre-purchase veterinary examination carried out.

7.15 No liability for disputes

Any disputes between buyer and seller must be resolved between themselves.

Sporthorses is not a party to such disputes and accepts no liability for them.

7.16 Liability

Insofar as permitted by law, Sporthorses is not liable for damage arising from:

• the purchase or sale of a horse;
• hidden defects;
• veterinary abnormalities;
• behavioural problems;
• payment disputes;
• ownership disputes;
• transport;
• export;
• import;
• delivery;
• a sale not going ahead;
• the content of information provided by the seller.

This limitation does not apply to damage resulting from intent or deliberate recklessness on the part of Sporthorses.

7.17 Termination of the Sales Service

Sporthorses may terminate the Sales Service if:

• the owner provides inaccurate information;
• the horse is no longer available;
• the cooperation has been permanently disrupted;
• continuation cannot reasonably be required of Sporthorses.

The owner may terminate the Sales Service in accordance with the arrangements made.

7.18 Final provision

Additional terms and conditions may apply to the Sporthorses Sales Service.

If additional terms and conditions have been agreed, they prevail solely insofar as they relate to the Sales Service and deviate from these Terms and Conditions.

CHAPTER 8 – REVIEWS AND RATINGS

Article 8 – Reviews and Ratings

8.1 Purpose of the review system

Sporthorses offers users the opportunity to leave a rating about a seller with whom they have been in contact or have concluded a transaction via the Platform.

The purpose of the review system is to increase transparency on the Platform and to help users make a well-considered choice.

8.2 Who may post a review

A review may be posted only by a user who:

• has an active account;
• is logged in to the Platform;
• has actually been in contact with the seller concerned or has concluded a transaction via the Platform.

Sporthorses may impose additional conditions on the posting of reviews.

8.3 Voluntary participation

Sellers may indicate in their account whether they wish to make use of the review system.

If a seller chooses not to display reviews, new reviews are not publicly displayed on the Platform.

Sporthorses reserves the right to retain reviews already received for administrative purposes or for the handling of complaints, in compliance with privacy legislation.

8.4 Rating system

Reviews are displayed by means of a rating of one (1) to five (5) stars.

In addition, the reviewer may add a written explanation.

Sporthorses may expand the review system in the future with additional rating criteria.

8.5 Content of reviews

Reviews must:

• be honest and sincere;
• be based on the reviewer's own experiences;
• be relevant to the seller concerned;
• not contain offensive, discriminatory or threatening content;
• not contain inaccurate or misleading information.

It is not permitted to post reviews that are intended solely to harm a seller or to unjustly damage the reputation of a user.

8.6 Prohibited reviews

It is not permitted to post reviews that:

• are contrary to the law;
• contain personal data of third parties without permission;
• disclose confidential information;
• contain advertising;
• contain spam;
• are offensive, discriminatory or threatening;
• infringe the rights of third parties.

8.7 Moderation

Sporthorses reserves the right to assess reviews before or after publication.

Sporthorses may refuse, edit or remove a review without prior notice if it:

• is in breach of these Terms and Conditions;
• is unlawful;
• is manifestly inaccurate or misleading;
• does not comply with the guidelines of the Platform.

Sporthorses is not obliged to give reasons for a removal or modification.

8.8 Response from the seller

A seller may respond to a posted review.

Responses must be businesslike and respectful and may not contain personal data or confidential information.

Sporthorses reserves the right to remove responses if they are in breach of these Terms and Conditions.

8.9 Average rating

If several reviews have been posted, Sporthorses may display an average rating.

This average rating is calculated automatically on the basis of the reviews visible at that time.

No rights can be derived from an average rating.

8.10 Display on the Platform

If a seller chooses to display reviews publicly, Sporthorses may show the average rating and the number of reviews on, among other places:

• the seller page;
• the listing page;
• the listing overview;
• search results;
• other parts of the Platform.

Sporthorses independently determines the manner in which reviews are displayed.

8.11 Misuse of the review system

Misuse includes, among other things:

• posting fake reviews;
• posting reviews under multiple accounts;
• buying or selling reviews;
• pressuring users to post or remove a review;
• manipulating ratings;
• posting reviews without actual experience.

In the event of suspected misuse, Sporthorses may remove reviews and take appropriate measures against the user concerned.

8.12 Intellectual property rights

By posting a review, the user grants Sporthorses a non-exclusive, worldwide and royalty-free licence to publish, display and use the review within the Platform, insofar as this is necessary for the functioning of the review system.

The user remains the owner of the content of the review.

8.13 No liability

Reviews represent solely the personal opinion of the user concerned.

Sporthorses is not responsible for the content of reviews and, insofar as permitted by law, is not liable for damage arising from ratings posted by users.

8.14 Removal requests

A user who believes that a review is unlawful or in breach of these Terms and Conditions may request Sporthorses to assess the review.

Sporthorses will handle such a request carefully, but is not obliged to remove a review solely because its content is perceived as unpleasant or negative.

8.15 Changes

Sporthorses reserves the right to change or expand the review system, the rating criteria and the manner in which reviews are displayed at any time.

Users cannot derive any permanent rights from a particular form of the review system.

Reviews may be posted only by logged-in users who have demonstrably been in contact with the seller via the Platform or have made a purchase. Sporthorses may use technical verification methods for this purpose, such as a registered enquiry, a contact request or a confirmed transaction.

CHAPTER 9 – PAYMENTS AND SUBSCRIPTIONS

Article 9 – Payments and Subscriptions

9.1 General

A fee is payable for the use of certain services of Sporthorses.

The current rates for listings, subscriptions, premium services, promotions and other paid services are published on the Website.

All prices stated are inclusive or exclusive of VAT, depending on the manner in which they are displayed on the Website.

9.2 Formation of the agreement

An agreement for a paid service is formed at the moment that:

• the user orders a paid service; and
• Sporthorses confirms the order or makes the service available.

From that moment, the user owes the agreed fee.

9.3 Payment

Payment must be made via one of the payment methods offered by Sporthorses on the Website.

Sporthorses may make use of external payment service providers for the processing of payments.

9.4 Invoicing

Invoices are provided digitally.

The user is responsible for providing correct invoicing details.

Changes to invoicing details must be communicated to Sporthorses in good time via the account or in writing.

9.5 Subscriptions

Sporthorses may offer various subscriptions.

The features, rates, terms and included services are stated on the Website.

The user selects the desired subscription.

9.6 Term

A subscription is entered into for the agreed period.

After expiry of this period, the subscription is renewed automatically, unless the user cancels the subscription in good time in accordance with Article 9.7 or the Website expressly states otherwise.

9.7 Cancellation

A subscription may be cancelled by the user via the account or in the manner indicated on the Website.

A cancellation has no retroactive effect.

Amounts already paid are not refunded, unless mandatory law provides otherwise or Sporthorses agrees otherwise in writing.

9.8 Price changes

Sporthorses is entitled to change its rates and subscription fees.

Price changes do not affect subscription periods already paid in advance, unless the law provides otherwise.

New rates apply from the next subscription period.

Users are informed thereof in good time.

9.9 Late payment

If a payment is not received in time, Sporthorses is entitled to:

• temporarily suspend the service concerned;
• temporarily take listings offline;
• block premium functionalities;
• temporarily restrict an account;
• charge statutory interest and reasonable collection costs, insofar as permitted by law.

9.10 Suspension of services

Sporthorses is entitled to suspend its services wholly or partly for as long as the user fails to meet their payment obligations.

Suspension does not affect the user's payment obligation.

9.11 Refunds

Unless expressly agreed otherwise or required by law, there is no right to a refund of amounts already paid if:

• a listing is removed before the end of its term;
• a subscription is terminated early;
• a user decides to no longer use the service.

9.12 Promotions and discount codes

Sporthorses may offer temporary promotions, campaigns or discount codes.

Discount promotions:

• are personal, unless stated otherwise;
• cannot be combined, unless expressly indicated;
• do not represent any monetary value;
• may be terminated or changed at any time.

9.13 Free services

If Sporthorses temporarily offers free services, it reserves the right to change, restrict or discontinue those services at any time.

No permanent rights can be derived from free services.

9.14 Disputing invoices

Objections to an invoice must be notified to Sporthorses in writing within fourteen (14) days of the invoice date.

After expiry of this period, the invoice is deemed to have been accepted by the user, unless the user demonstrates that they cannot reasonably be blamed for exceeding the period.

Lodging an objection does not suspend the payment obligation.

9.15 Set-off

The user is not entitled to set off outstanding claims against Sporthorses against amounts owed by the user, unless the law mandatorily prescribes otherwise.

9.16 Changes to services

Sporthorses reserves the right to change the content of subscriptions or paid services if this is necessary for the development or improvement of the Platform.

If a change leads to a material reduction of the agreed services, Sporthorses will inform the user thereof in advance.

9.17 Proof of payment

The records of Sporthorses serve as evidence of the amounts owed by the user and the payments received, subject to evidence to the contrary provided by the user.

9.18 Final provision

Additional financial arrangements may apply to specific services, such as the Sporthorses Sales Service, online auctions or other bespoke services.

If such arrangements have been recorded in writing, they prevail over the provisions of this chapter insofar as they conflict with them.

CHAPTER 10 – INTELLECTUAL PROPERTY

Article 10 – Intellectual Property

10.1 Ownership of the Platform

All intellectual property rights relating to the Platform are vested exclusively in Sporthorses or its licensors.

These include, among other things:

• the websites;
• the software;
• the source code;
• the design;
• the corporate identity;
• the trade name;
• the logos;
• the database structure;
• the search functionality;
• the texts drafted by Sporthorses;
• the graphic elements;
• the technical set-up of the Platform.

Insofar as these rights do not belong to Sporthorses, Sporthorses holds the necessary rights of use.

10.2 Use of the Website

The use of the Website grants the user solely a limited, personal, non-exclusive and non-transferable right of use for the normal use of the Platform.

The use of the Website does not entail any transfer of intellectual property rights.

10.3 Prohibited acts

Without the prior written consent of Sporthorses, it is not permitted to:

• copy parts of the Website;
• adopt the design of the Platform;
• reproduce texts of Sporthorses;
• use logos or figurative marks;
• copy software;
• mirror the Website wholly or partly;
• systematically extract the database;
• commercially exploit the Platform.

Insofar as the law permits exceptions (such as the right to quote), those exceptions naturally continue to apply.

10.4 Rights to listings

The intellectual property rights to listings placed by users remain vested in the user or the user's rightholder.

By placing a listing, the user grants Sporthorses a non-exclusive, worldwide and royalty-free licence to use the listing for the duration of the listing for the performance of the services.

This licence includes, among other things, the right to:

• publish the listing;
• display it;
• process it technically;
• show it on various pages of the Platform;
• publish it on international versions of the Website;
• use it in newsletters and Sporthorses' own social media channels, insofar as this forms part of the promotion of the listing.

The listing remains the property of the user.

10.5 Photos and videos

By uploading photos and videos, the user declares that they are authorised to use them.

The user indemnifies Sporthorses against claims of third parties for alleged infringement of copyrights, portrait rights or other intellectual property rights.

10.6 Trade marks

All trade names, logos and marks of Sporthorses are the property of Sporthorses or are used with the permission of the rightholder.

It is not permitted to use them without prior written consent.

10.7 Database rights

The collection of listings, data, texts and other information on the Platform constitutes a database in which Sporthorses has made a substantial investment.

Insofar as applicable, the database rights are vested in Sporthorses.

It is not permitted, without prior written consent, to extract, re-utilise or systematically collect a substantial part of the content of the Platform.

10.8 Automated collection of data

Without the prior written consent of Sporthorses, it is not permitted to:

• collect data from the Platform by automated means;
• make use of scraping software;
• spiders;
• bots;
• crawlers;
• comparable automated systems,

insofar as this results in a substantial part of the content of the Platform being collected or the normal operation of the Platform being disrupted.

Normal indexing by general search engines, insofar as permitted by Sporthorses, does not fall under this.

10.9 Use by third parties

It is not permitted to republish or commercially exploit the content of the Platform, wholly or partly, without the prior written consent of Sporthorses.

10.10 Infringement

If Sporthorses establishes that its intellectual property rights are being infringed, it is entitled to take all measures it deems necessary to protect its rights.

10.11 Reporting infringements

If a user is of the opinion that intellectual property rights are being infringed on the Platform, this may be reported to Sporthorses.

Sporthorses will assess such a report carefully and, where there is cause to do so, take appropriate measures.

10.12 Continued effect

The provisions of this chapter remain in force after the termination of an account, listing or agreement insofar as they are by their nature intended to continue.

CHAPTER 11 – LIABILITY

Article 11 – Liability

11.1 General

Sporthorses endeavours to operate the Platform and perform its services with due care.

Unless expressly agreed otherwise in writing, Sporthorses is bound by a best-efforts obligation and not by an obligation to achieve a specific result.

11.2 Platform

Sporthorses solely makes available an online platform on which users can come into contact with each other.

Sporthorses is not a party to agreements concluded between users.

Users remain themselves responsible for concluding, performing and fulfilling agreements.

11.3 Information on the Platform

Sporthorses is not responsible for the accuracy, completeness or currency of information placed on the Platform by users.

This includes, among other things:

• listings;
• photos;
• videos;
• examination reports;
• pedigree details;
• prices;
• descriptions;
• reviews.

The user must independently verify this information before relying on it or entering into an agreement.

11.4 Purchase and sale

Sporthorses is not liable for damage arising from:

• purchase agreements;
• sales agreements;
• negotiations;
• payments;
• ownership disputes;
• hidden defects;
• veterinary defects;
• behavioural problems of horses;
• transport;
• export or import;
• delivery of horses;
• cancellations of transactions.

All arrangements are made exclusively between buyer and seller.

11.5 Sales Service

If use is made of the Sporthorses Sales Service, the ultimate responsibility for the sale remains with the owner of the horse.

Sporthorses is not liable for:

• the absence of a sale;
• the sale price achieved;
• the duration of the sales process;
• decisions of buyers;
• decisions of sellers.

11.6 Website and technology

Sporthorses is not liable for damage resulting from:

• malfunctions;
• maintenance work;
• technical defects;
• software errors;
• internet outages;
• server failures;
• temporary unavailability of the Platform.

Sporthorses will endeavour to remedy malfunctions as soon as possible.

11.7 Third parties

Insofar as Sporthorses makes use of services of third parties, including payment service providers, hosting providers, e-mail services or other suppliers, Sporthorses is not liable for shortcomings of these third parties, unless there is intent or deliberate recklessness on the part of Sporthorses.

11.8 Indirect damage

Insofar as permitted by law, Sporthorses is not liable for indirect damage, including:

• consequential damage;
• loss of profit;
• loss of turnover;
• lost savings;
• reputational damage;
• loss of data;
• business interruption damage.

11.9 Maximum liability

If, notwithstanding the provisions of these Terms and Conditions, Sporthorses should be liable, the liability is limited to the amount that the user has paid to Sporthorses for the service concerned in the twelve (12) months preceding the event to which the liability relates.

If no payment has been made, the liability is limited to EUR 250, unless mandatory law provides otherwise.

11.10 Force majeure

Sporthorses is not liable for damage resulting from force majeure.

Force majeure includes, among other things:

• power failures;
• internet outages;
• cyber attacks;
• failures at hosting providers;
• government measures;
• war;
• terrorism;
• natural disasters;
• pandemics;
• strikes;
• other circumstances over which Sporthorses has no reasonable control.

11.11 Limitation

Any claim for compensation against Sporthorses lapses if it has not been submitted to Sporthorses in writing within twelve (12) months after the user became aware, or could reasonably have become aware, of the damage and the possible liability, unless mandatory law prescribes a longer period.

11.12 Mandatory law

No provision in these Terms and Conditions is intended to exclude or limit liability insofar as such exclusion or limitation is not permitted under mandatory law.

This includes in any event liability for damage resulting from intent or deliberate recklessness on the part of Sporthorses.

11.13 Final provision

Users acknowledge that Sporthorses operates an online platform and that the responsibility for the content of listings, the accuracy of information provided and the performance of purchase agreements lies with the users concerned.

Insofar as permitted by law, any further liability of Sporthorses is excluded.

CHAPTER 12 – INDEMNIFICATION

Article 12 – Indemnification

12.1 General indemnification

The user indemnifies Sporthorses, its directors, employees, affiliated companies and engaged third parties against all claims of third parties arising from or related to:

• the use of the Platform;
• the use of an account;
• listings placed;
• information provided;
• photos, videos and documents placed;
• non-compliance with these Terms and Conditions;
• acting in breach of applicable laws and regulations.

This indemnification also covers the reasonable costs of legal assistance that Sporthorses has to incur in connection with such claims.

12.2 Listings

The seller indemnifies Sporthorses against all claims of third parties arising from or related to:

• the content of a listing;
• inaccurate or incomplete information;
• inaccurate pedigree details;
• inaccurate veterinary information;
• inaccurate examination reports;
• inaccurate price statements;
• unlawful use of photos or videos;
• infringement of intellectual property rights.

12.3 Purchase agreements

Buyer and seller indemnify Sporthorses against all claims arising from or related to an agreement concluded between them.

These include, among other things, disputes concerning:

• the purchase price;
• the delivery;
• the ownership;
• hidden defects;
• veterinary defects;
• non-conformity;
• rescission;
• compensation;
• warranties;
• payment obligations.

Sporthorses is not a party to such agreements.

12.4 Sales Service

If use is made of the Sporthorses Sales Service, buyer and seller indemnify Sporthorses against claims arising from the final purchase agreement.

The support provided by Sporthorses in the presentation or sale of a horse does not make Sporthorses liable for the content or performance of the purchase agreement.

12.5 Intellectual property rights

The user indemnifies Sporthorses against all claims of third parties for alleged infringement of copyrights, database rights, trade mark rights, portrait rights or other intellectual property rights arising from content supplied by the user.

This includes, among other things:

• photos;
• videos;
• texts;
• logos;
• documents;
• examination reports;
• other files.

12.6 Laws and regulations

The user indemnifies Sporthorses against all claims arising from a breach of applicable laws and regulations by the user.

These include, among other things, obligations in the field of:

• consumer law;
• animal welfare;
• export and import regulations;
• tax legislation;
• intellectual property rights;
• privacy legislation.

12.7 Reviews

The user who posts a review indemnifies Sporthorses against claims of third parties arising from the content of that review.

These include, among other things, claims for:

• libel;
• slander;
• unlawful statements;
• breach of privacy;
• infringement of the rights of third parties.

12.8 Use of the Platform

The user indemnifies Sporthorses against damage arising because the user:

• misuses the Platform;
• circumvents security measures;
• distributes malware;
• provides inaccurate details;
• acts in breach of these Terms and Conditions.

12.9 Cooperation

If a third party brings a claim against Sporthorses that falls under these indemnification provisions, the user shall, on first request, provide all reasonable cooperation necessary for the handling of the claim concerned.

12.10 Reimbursement of costs

If, as a result of a claim by a third party, Sporthorses has to incur costs for which the user is responsible under this chapter, the user is obliged to reimburse these costs in full.

These include, among other things:

• costs of legal assistance;
• litigation costs;
• extrajudicial costs;
• expert costs;
• costs of damage-mitigating measures.

Insofar as these costs are reasonable and have actually been incurred.

12.11 Limitations

The indemnification obligations under this chapter do not apply insofar as a claim is the direct result of intent or deliberate recklessness on the part of Sporthorses.

12.12 Continued effect

The provisions of this chapter remain in full force after the termination of an account, listing, subscription, Sales Service or agreement insofar as the claims concerned relate to events that occurred during the term thereof.

CHAPTER 13 – PRIVACY AND PERSONAL DATA

Article 13 – Privacy and Personal Data

13.1 General

Sporthorses attaches great importance to the protection of personal data and processes personal data carefully, confidentially and in accordance with the applicable privacy legislation, including the General Data Protection Regulation (GDPR).

13.2 Privacy Statement

The manner in which Sporthorses collects, uses, stores and secures personal data is described in more detail in the Privacy Statement.

The Privacy Statement is available via the Website and forms an integral part of the services of Sporthorses.

In the event of a conflict between these Terms and Conditions and the Privacy Statement, the Privacy Statement prevails with regard to the processing of personal data.

13.3 Processing of personal data

Sporthorses processes only personal data that are necessary for, among other things:

• creating and managing an account;
• placing and managing listings;
• the performance of agreements;
• the provision of the Sporthorses Sales Service;
• customer service;
• invoicing and payments;
• fraud prevention;
• security of the Platform;
• compliance with legal obligations.

13.4 Responsibility of the user

The user warrants that personal data provided by them via the Platform:

• are accurate;
• have been obtained lawfully;
• may be processed;
• do not infringe the rights of third parties.

If a user provides personal data of third parties, the user is responsible for having the consent or other legal basis required for this.

13.5 Public data

Data that a user makes public via the Platform, such as:

• company name;
• town or city;
• listing texts;
• photos;
• contact details published by the user;
• reviews,

may be visible to visitors of the Website.

The user determines which data they make public, unless certain data are necessary for the functioning of the Platform.

13.6 Cookies

Sporthorses may make use of cookies and comparable techniques in order to:

• ensure the proper functioning of the Website;
• remember user preferences;
• collect statistics;
• improve the security of the Platform;
• carry out marketing activities, insofar as consent is required for this.

Further information on this is set out in the Cookie Policy.

13.7 Security

Sporthorses takes appropriate technical and organisational measures to protect personal data against loss, unauthorised access or unlawful processing.

Despite these measures, no form of digital data processing can guarantee complete security.

13.8 Retention periods

Personal data are not retained for longer than is necessary for:

• the performance of agreements;
• statutory retention obligations;
• tax obligations;
• disputes;
• fraud prevention;
• the defence of legal claims.

After expiry of the applicable retention period, personal data are deleted or anonymised, unless the law prescribes otherwise.

13.9 Third parties

For the performance of its services, Sporthorses may make use of third parties, such as providers of:

• hosting;
• payment services;
• e-mail services;
• cloud storage;
• customer service;
• analytics software;
• other technical service providers.

If these third parties process personal data on behalf of Sporthorses, appropriate arrangements are made where required by law.

13.10 Rights of data subjects

Insofar as the GDPR applies, a data subject may request, among other things:

• access to their personal data;
• rectification of inaccurate data;
• erasure of personal data;
• restriction of processing;
• data portability;
• objection to certain processing operations.

Requests may be submitted via the contact details stated in the Privacy Statement.

13.11 International transfers

If personal data are processed outside the European Economic Area, Sporthorses will take appropriate measures where this is required under the applicable privacy legislation.

13.12 Data breaches

If a security incident involving personal data occurs, Sporthorses acts in accordance with the applicable legal obligations relating to data breaches.

13.13 Changes

Sporthorses may amend the Privacy Statement if changes in legislation, changes in its services or other circumstances give cause to do so.

The most recent version of the Privacy Statement is always available via the Website.

13.14 Final provision

The Privacy Statement of Sporthorses applies to all processing of personal data that takes place in the context of the use of the Platform.

Users are deemed to have taken note of it when using the Platform.

CHAPTER 14 – FORCE MAJEURE

Article 14 – Force Majeure

14.1 Force majeure

Sporthorses is not obliged to perform any obligation if it is temporarily or permanently prevented from doing so as a result of a circumstance that lies reasonably beyond its control and that is not attributable to it by virtue of the law, a legal act or generally accepted standards.

14.2 Force majeure includes, among other things

Force majeure includes, among other things, but is not limited to:

• failures of internet or telecommunications connections;
• power outages;
• failures at hosting providers or cloud suppliers;
• failures at payment service providers;
• software or hardware failures;
• cyber attacks, hacking, ransomware or other digital security incidents;
• viruses or malware;
• government measures;
• changes in laws and regulations;
• war, threat of war or terrorism;
• civil unrest;
• strikes or work stoppages;
• fire;
• floods;
• natural disasters;
• pandemics or epidemics;
• extreme weather conditions;
• failure of suppliers or other third parties on which Sporthorses depends;
• other circumstances that lie reasonably beyond the control of Sporthorses.

This enumeration is not exhaustive.

14.3 Suspension of obligations

During a period of force majeure, Sporthorses is entitled to suspend its obligations wholly or partly.

During this period, the user cannot demand performance or compensation on account of the temporary non-performance of the obligations concerned.

14.4 Duration of the force majeure

If the force majeure situation continues for longer than is reasonably acceptable, Sporthorses is entitled to terminate or amend the agreement wholly or partly, without being obliged to pay any compensation.

Insofar as possible, Sporthorses will inform the user thereof.

14.5 Third-party services

Sporthorses makes use of various external suppliers and service providers for its services.

If a failure or shortcoming at such a third party results in Sporthorses being temporarily unable to perform its services or to perform them in full, this is regarded as force majeure insofar as Sporthorses cannot reasonably be blamed for it.

14.6 Technical failures

Sporthorses is not liable for damage arising because the Platform is temporarily unavailable as a result of:

• maintenance work;
• necessary software updates;
• security measures;
• technical failures;
• unforeseen system errors.

Sporthorses will endeavour to remedy such failures as soon as possible.

14.7 Consequences of force majeure

Force majeure does not entitle the user to:

• compensation;
• compensation for indirect damage;
• rescission of the agreement on account of the temporary unavailability of the Platform;
• a refund of fees already paid, unless mandatory law provides otherwise.

14.8 Mitigation of damage

If a force majeure situation occurs, the parties shall endeavour to limit its consequences as far as possible.

Sporthorses will, insofar as reasonably possible, take measures to restore the continuity of its services as quickly as possible.

14.9 Continued effect

The provisions of this chapter continue to apply for as long as the force majeure situation continues and, insofar as relevant, also after the termination of the agreement.

CHAPTER 15 – APPLICABLE LAW AND DISPUTES

Article 15 – Applicable Law and Disputes

15.1 Applicable law

All legal relationships between Sporthorses and the user, including the use of the Platform, these Terms and Conditions and all agreements arising therefrom, are governed exclusively by Dutch law.

The applicability of the Vienna Sales Convention (CISG) is expressly excluded, insofar as permitted by law.

15.2 International users

Even if a user resides or is established outside the Netherlands, Dutch law continues to apply, unless mandatory provisions of the law of the country in which the user resides or is established prescribe otherwise.

15.3 Disputes

The parties shall endeavour to resolve a dispute first by mutual consultation.

If this proves impossible, the dispute shall be submitted to the competent court in accordance with this chapter.

15.4 Competent court

Insofar as the law permits, all disputes arising from or related to these Terms and Conditions, the use of the Platform or the services of Sporthorses shall be submitted exclusively to the competent court of the district in which Sporthorses has its registered office.

If mandatory law prescribes a different competent court, the dispute shall be submitted to that court.

15.5 Complaints

Users are requested to notify complaints about the services of Sporthorses as soon as possible in writing or by e-mail.

Sporthorses will handle a complaint within a reasonable period and endeavour to reach an appropriate solution jointly.

Lodging a complaint does not suspend the user's payment obligations.

15.6 Evidence

The records and digital systems of Sporthorses constitute, subject to evidence to the contrary, evidence of:

• the formation of agreements;
• listings placed;
• payments made;
• communication via the Platform;
• log files;
• account activities;
• other electronic records.

Electronic data may be used as evidence, insofar as the law permits.

15.7 Limitation

Insofar as permitted by law, all legal claims of the user against Sporthorses lapse one (1) year after the user became aware, or could reasonably have become aware, of the event to which the claim relates.

This provision does not affect mandatory limitation periods.

15.8 Partial nullity

If a provision of these Terms and Conditions is declared wholly or partly null and void or is annulled by a competent court, the remaining provisions remain in full force.

In that case, the parties shall replace the provision concerned with a provision that corresponds as closely as possible to the purport and purpose of the original provision.

15.9 Waiver of rights

The failure of Sporthorses to exercise a right or power immediately does not constitute a waiver of that right or power.

Sporthorses retains the right to demand performance or enforcement of these Terms and Conditions at a later time.

15.10 Transfer of rights and obligations

Sporthorses is entitled to transfer its rights and obligations under agreements wholly or partly to an affiliated company or to a third party in the context of a corporate reorganisation, merger, acquisition or transfer of (part of) its business.

The user may transfer their rights and obligations under an agreement with Sporthorses only with the prior written consent of Sporthorses.

15.11 Continued effect

Provisions which by their nature are intended to remain in force after the termination of the agreement continue to apply in full.

These include, among other things, provisions relating to:

• liability;
• indemnification;
• intellectual property rights;
• privacy;
• payments;
• applicable law;
• disputes.

15.12 Final provision

These Terms and Conditions constitute the entire agreement between Sporthorses and the user with regard to the use of the Platform and the services offered by Sporthorses, unless the parties have expressly agreed otherwise in writing.

CHAPTER 16 – FINAL PROVISIONS

Article 16 – Final Provisions

16.1 Entry into force

These Terms and Conditions enter into force on the date of publication on the Website of Sporthorses and replace all previously published versions of the Terms and Conditions, unless expressly stated otherwise.

16.2 Amendments

Sporthorses reserves the right to amend or supplement these Terms and Conditions wholly or partly at any time.

The most recent version of the Terms and Conditions is published on the Website.

Amendments take effect on the effective date stated therein.

Amended provisions apply to existing agreements insofar as permitted by law.

16.3 Continued effect

Termination of an account, listing, subscription or agreement does not affect provisions which by their nature are intended to continue after termination.

These include, among other things, the provisions concerning:

• payments;
• liability;
• indemnification;
• intellectual property rights;
• privacy;
• applicable law;
• disputes.

16.4 Waiver of rights

The failure of Sporthorses to exercise a right, or to exercise it immediately, cannot be regarded as a waiver of that right.

Sporthorses reserves the right to exercise its rights at a later time.

16.5 Transfer of rights

Sporthorses is entitled to transfer its rights and obligations under agreements wholly or partly to a legal successor, group company or third party in the context of a reorganisation, merger, acquisition or transfer of (part of) its business.

The user may transfer their rights and obligations only with the prior written consent of Sporthorses.

16.6 Communication

Notices from Sporthorses to users may be given via:

• e-mail;
• the user account;
• the Website;
• a newsletter;
• other electronic means of communication.

Electronic communication is deemed to have reached the user at the moment of sending, unless the user makes it plausible that this was reasonably not the case.

16.7 No waiver of rights

If Sporthorses does not invoke a provision of these Terms and Conditions for any period of time, this does not mean that Sporthorses waives its right to invoke that provision at a later time.

16.8 Non-transferability of rights by users

Unless agreed otherwise in writing, the rights and obligations of users under these Terms and Conditions are personal and non-transferable.

16.9 Headings

The chapter titles and article headings in these Terms and Conditions are included solely to aid readability.

No rights can be derived from these headings and they do not affect the construction of the provisions.

16.10 Language

Sporthorses may make these Terms and Conditions available in several languages.

In the event of differences in construction or interpretation between different language versions, the Dutch version prevails, unless mandatory law provides otherwise.

16.11 Contact details

For questions about these Terms and Conditions or the services of Sporthorses, contact can be made via the contact details stated on the Website.

16.12 Version

Sporthorses Terms and Conditions

Version 2.0

Entry into force: 3 September 2026

This version replaces all previously published versions of the Terms and Conditions.

16.13 Closing statement

By using the Platform, creating an account, placing a listing or using one or more services of Sporthorses, the user declares to have taken note of these Terms and Conditions and to agree to them.