Terms of service

Terms and Conditions (GTC) and Consumer Information

Customer Service

Please address enquiries (e.g., about orders or returns) to our customer service at:

Joh’s Stübben GmbH & Co.KG
Heinrich-Horten-Straße 5
47906 Kempen

Your Provider and Contractual Partner

Joh’s Stübben GmbH & Co.KG
Heinrich-Horten-Straße 5
47906 Kempen

Commercial Register:
Local Court (Amtsgericht) Krefeld HRA 658
VAT ID No.: DE 120140215

represented by the general partner: Stübben GmbH
Local Court (Amtsgericht) Krefeld, HRB 6997
Managing Director: Johannes Stübben, Jan Stübben

Our customer service handles your questions, complaints and objections:

Monday to Friday from 10:00 a.m. to 5:00 p.m.

You can reach customer service
by telephone: +49 (0) 2152 1489-10
by fax: +49 (0) 2152 1489-32
and by e-mail: info@stuebben.de

www.stuebben.de

Consumer Dispute Resolution

We always strive to reach an agreement with our customers and third parties. Please use our service contact at info@stuebben.de or our other contact options provided for service. You can also simply call us. Of course, your rights remain fully intact even without a call.

The European Commission operates a platform for Online Dispute Resolution (ODR) with further information, available on the internet at https://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.


1. Scope, Definitions

1.1. We deliver in accordance with the following General Terms and Conditions, which form the basis of contracts concluded with us on the basis of the offers on our online shop page.

1.2. In these Terms and Conditions, consumers are, according to the statutory provision (§ 13 BGB), natural persons for whom the purpose of the order can predominantly not be attributed to a commercial or self-employed professional activity. In Austria, legal persons can also be consumers.

Entrepreneurs are, according to the statutory provision (§ 14 BGB), natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in exercise of their commercial or self-employed professional activity.

Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs.

1.3. Where time limits are stated as working days, this means all weekdays except Saturdays, Sundays and public holidays at our registered office. Christmas Eve and New Year’s Eve are treated as public holidays.

2. Storage of the Contract Text, Customer Login

2.1. The contract text is stored by us, but for security reasons it is not directly accessible by you. We offer each customer a password-protected direct access. There you can, after registering, manage your data and view order data. The customer undertakes to treat personal access data confidentially and not to make it accessible to any unauthorised third party.

2.2. These Terms and Conditions and your order data are presented to you during the ordering process. You can easily archive this information there by either downloading the Terms and Conditions and saving the data summarised in the ordering process using your browser functions, or by waiting for the automatic order confirmation, which we additionally send to the address you provide by e-mail after you complete your order. This order confirmation e-mail again contains your order data and the contractual provisions including these Terms and Conditions and can be easily printed or saved with your e-mail program. You can find the Terms and Conditions in their current version on our website.

3. Contracting Party, Language and Conclusion of Contract

3.1. Your contracting party is Joh’s Stübben GmbH & Co.KG. In our German online shop at stuebben.com, the contract is concluded under these Terms and Conditions and conditions in German or English.

Regardless of this contract conclusion, our localised websites provide separate ordering options for deliveries to Great Britain and Switzerland under the conditions, Terms and Conditions and consumer information applicable there in the respective language versions. Information on further options can be found at the bottom of the homepage of our online shop.

3.2. Our advertising offers are subject to change as long as they have not become part of a contractual agreement. Before submitting your order, you have the option to check and correct the data you have entered. Immediately after receipt of your order, you will receive an automatically sent order confirmation by e-mail.

3.3. By submitting your order, you make a binding contractual declaration. The contract is concluded upon our acceptance of your order. Acceptance of your order takes place

  • in the case of payment by PayPal, SOFORT bank transfer or Amazon Pay, when you complete your order with the payment confirmation via the online payment service offered;

  • in the case of payment by credit card, upon sending your order;

  • in the case of advance payment (prepayment), upon your receipt of our payment request.

The order confirmation does not yet constitute acceptance of your order (unless we are requesting payment there for the first time), but is only intended to inform you that your order has been received and may be used for archiving purposes.

3.5. Subject to your statutory right of withdrawal, you are bound by your order for a maximum of 3 working days and may, of course, cancel your order in whole or in part before we have declared acceptance.

A telephone order is bindingly accepted by us during the call. You will then receive the information on the conclusion of the contract and these Terms and Conditions once again at an e-mail address provided by you or together with the goods.

4. Prices, Shipping Costs

4.1. For orders in our online shop, the prices listed in the offer at the time of the order apply. The stated prices are total prices, i.e., they include the applicable German statutory VAT and other price components.

Details on any applicable shipping costs can be found in the information in the shop.

4.2. For deliveries outside Germany, additional costs may be incurred upon import into a third country (customs duties, possible customs fees and import VAT). These other costs are to be borne by the customer.

5. Payment, Delivery

5.1. For mail orders, the following payment methods are generally available to you, depending on the ordering medium (shop system or telephone):

  • Credit card (MasterCard, Visa, American Express, Discover, JCB, Diners Club) via Stripe
    If you choose the credit card payment method via Stripe, the payment is processed in cooperation with our external payment processing partner Stripe, Inc., 510 Townsend Street, San Francisco CA 94103, USA (“Stripe”), to whom we assign our payment claim. The debit from the specified credit card account is made by Stripe upon submission of the order. In this case, you can only make payment to Stripe with debt-discharging effect. Even when paying via Stripe, we remain responsible for general customer enquiries (e.g., about goods, delivery time, dispatch), returns, complaints, notices of withdrawal and returns, or your claims for repayment of payments made.

  • PayPal
    You pay the invoice amount via the online provider PayPal. As a rule, you must be registered there (or register first), authenticate with your login data, and confirm the payment instruction to us (exception: guest access if available). Further instructions on how to reach the payment provider’s page are provided during the order process.

  • SOFORT bank transfer (see sofort.com) via Stripe
    If you choose the SOFORT bank transfer payment method via Stripe, payment is processed in cooperation with our external payment processing partner Stripe, Inc., 510 Townsend Street, San Francisco CA 94103, USA (“Stripe”), to whom we assign our payment claim. In this case, you can only make payment to Stripe with debt-discharging effect. Even when paying via Stripe, we remain responsible for general customer enquiries (e.g., goods, delivery time, dispatch), returns, complaints, notices of withdrawal and returns, or your claims for repayment.
    To pay by SOFORT bank transfer, you only need account number/IBAN, bank code (if applicable), PIN and TAN. Via the secure payment form of Sofort AG, which is not accessible to merchants or Stripe, this payment service automatically and in real time triggers a transfer in your online bank account. The purchase amount is transferred immediately and directly.
    When selecting SOFORT bank transfer at the end of the order process, a pre-filled form opens. It already contains Stripe’s bank details. The transfer amount and purpose are also displayed. You must now select the country in which your online banking account is held and enter the bank code (if applicable). Then enter the same data as for logging into online banking (account number/IBAN and PIN). Confirm your order by entering the TAN. You will receive confirmation of the transaction immediately afterwards.
    In principle, any internet user can use SOFORT bank transfer as a payment method if they have an activated online banking account with PIN/TAN procedure. Please note that SOFORT bank transfer is not yet available at a few banks. For information on whether your bank supports this service, please refer to the payment service provider’s website.

  • Advance payment (prepayment)
    You will receive the bank details after placing the order.

  • Pay with Amazon (Amazon Pay)
    With Amazon Payments you can use the payment and shipping information stored in your Amazon account to shop quickly and securely. Your transactions are secure and your payment information is not passed on to us. With Amazon Pay you use the same familiar payment environment as at Amazon, without leaving our website. You only need your Amazon login details.

5.2. Payment is made in euros.

5.3. We use DHL and DPD for postal shipments and Rhenus Logistics for freight (forwarding) shipments. We have marked freight shipments in the offers with the note “Shipping method: Freight”. Unless otherwise agreed, delivery by the freight forwarder is made to the first lockable door at the delivery address specified by the purchaser. You will receive a message from us when the goods have left our premises. If delivery was not possible, you will receive a message from the carrier indicating the further options.

5.4. The obligation to deliver may lapse through a corresponding declaration of withdrawal by us in cases where we ourselves are not supplied correctly and in time and where we are not responsible for the lack of availability. In the event of non-availability of the goods, we will inform you immediately and any advance payment will be refunded without delay.

5.5. The delivery time is reasonably extended in the event of strike action and lockouts affecting delivery, as well as other circumstances for which we are not responsible, in particular in cases of delivery delays due to force majeure. We will inform the buyer immediately of the beginning and end of such hindrances.

5.6. For entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover; in the case of a sale by dispatch, upon delivery of the goods to the carrier or to the person or institution otherwise designated to carry out the dispatch.

6. Right of Withdrawal for Consumers

6.1. With us you purchase with an extended withdrawal (revocation) period of 1 month. Please refer to the following cancellation policy for the conditions and consequences of your right of withdrawal. Instead of the statutory withdrawal period of 14 days, we provide one month. No contractual granting of rights beyond the law is associated with this. In particular, the statutory right of withdrawal is not granted to non-commercial resellers by reproducing this instruction.

Cancellation Policy – Right of Withdrawal

You have the right to withdraw from this contract within one month without giving any reason.

The withdrawal period is one month from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last good.

To exercise your right of withdrawal, you must inform us (Joh’s Stübben GmbH & Co.KG, Heinrich-Horten-Straße 5, 47906 Kempen, Tel. +49 (0) 2152-1489-10, Fax +49 (0) 2152-1489-32, info@stuebben.de) by means of a clear statement (e.g., a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, which is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in no event will you be charged any fees as a result of such repayment.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back or hand over the goods to Joh’s Stübben GmbH & Co.KG, Heinrich-Horten-Str. 5, 47906 Kempen without undue delay and in any event not later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

  1. For goods that can normally be returned by post within Germany:
    You bear the direct costs of returning the goods. Unless you use a return label requested from us. In that case, the return is free of charge for you.

  2. For goods that can normally be returned by post from countries other than Germany:
    You bear the direct costs of returning the goods.

  3. For goods that cannot normally be returned by post (these items are marked “Shipping method: Freight” in the offer), applicable to all delivery countries:
    You bear the direct costs of returning the goods. The costs are estimated at a maximum of approximately €500.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

6.2. Exceptions to the Right of Withdrawal

There are statutory exceptions to the right of withdrawal (§ 312g BGB), and we reserve the right to invoke the following provisions vis-à-vis you:

No right of withdrawal exists for contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

It may expire prematurely for contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery, as well as for contracts for the supply of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.

Custom saddles and bridles:

If the saddle or bridle sold is a product individually designed by the client at custom.stuebben.com, a withdrawal is generally not possible.

If the saddle sold is a custom-made product tailored to the needs of the client and the horse specified in the purchase contract, a withdrawal is generally not possible. The situation is different for used saddles and accessories that are standard goods. In this case, the client who is a consumer may withdraw from the contract within two weeks after receipt of the goods without stating reasons and in written form. The period begins at the earliest upon receipt of this instruction. Timely dispatch of the withdrawal or of the goods is sufficient to meet the deadline. The purchase price paid up to that point will be refunded to the client.

If the saddle that is the subject of the purchase is a custom-made product, the contractor furthermore grants the client the option to withdraw from the order until delivery of the saddle under the following conditions: If the saddle sold is a custom-made standard model, the client must pay a flat amount of €500 (incl. VAT) to the contractor; in the case of a custom saddle, this amount is €1,000 (incl. VAT). This amount will be offset against the deposit already paid. In addition to the flat amount, the fitting fee is due in full.

 

Secondhand saddles: 

Return of used saddles (second-hand saddles)

Special conditions apply to the return of used saddles (second-hand saddles).

In the event of withdrawal, a handling fee of €79.00 / £79.00 / CHF 79.00 will be charged. This fee applies independently of the selected currency and will not be converted.

The handling fee will be deducted from the refund amount of the purchase price.

In all other respects, the provisions of the cancellation policy shall apply.

6.3. Sample Withdrawal Form

The “sample withdrawal form” referred to in the cancellation policy above is reproduced below. You are not obliged to use it. For goods shipments you may also use our own return form, which we enclose with every goods shipment, or formulate your withdrawal yourself in any case.

Sample Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and send it back.)

  • To Joh’s Stübben GmbH & Co.KG, Heinrich-Horten-Straße 5, 47906 Kempen, Fax +49 (0) 2152-1489-32, info@stuebben.de:
  • I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ()
  • Ordered on () / received on ()
  • Name of consumer(s)
  • Address of consumer(s)
  • Signature of consumer(s) (only if this form is notified on paper)
  • Date

(*) Delete as appropriate.

7. Retention of Title

The goods remain our property until payment has been made in full.

8. Warranty and Complaints Management

8.1. For new goods delivered by us, the statutory warranty period applies. The period begins with delivery of the goods. For the delivery of used goods, the statutory provisions apply with the proviso that the warranty is limited to defects that occur within one year after the start of the limitation period (liability period). The period for exercising these rights (limitation period) remains unaffected.

8.2. Expressly excluded from the restrictions or exclusions of warranty liability set out above are claims for damages based on defects resulting from injury to life, body or health arising from a breach of duty for which we are responsible, as well as claims for damages for other damage resulting from intentional or grossly negligent breach of duty by us. The statutory warranty period applies to the claims excluded above. Restrictions or exclusions of warranty claims do not apply in the event that we assume a guarantee of quality or fraudulently conceal a defect within the meaning of § 444 BGB. Any manufacturer’s warranty also remains unaffected. Insofar as our liability is excluded or limited, the same applies to the personal liability of our employees, staff, legal representatives and vicarious agents.

8.3. We value your customer satisfaction. You can contact us at any time via one of the contact channels specified at the beginning. We endeavour to examine your concern as quickly as possible and will contact you after receipt of the documents or your submission or complaint. Please allow us some time, as warranty cases often require the involvement of the manufacturer. In the case of complaints, you can help us by describing the subject of the problem as precisely as possible and, if applicable, sending order documents as copies or at least stating the order number, customer number, etc. If you do not receive a response from us within 5 working days, please inquire again. In rare cases, e-mails may be stuck in spam filters with us or with you, or a message may not have reached you or was inadvertently omitted.

9. Data Protection Notice

Our data protection practices comply with statutory provisions. Details on the collection and use of your personal data can be found in our Privacy Policy, which also contains information on credit checks, in which parameters for the probability of payment default are calculated and your address data may be included.

10. Applicable Law, Place of Jurisdiction

10.1. The law of the Federal Republic of Germany shall apply to all legal transactions or other legal relations with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other international conventions, even after their adoption into German law, shall not apply. This choice of law includes that the protection granted to the customer with habitual residence in a state of the EU or Switzerland by mandatory provisions of the law of that state is not withdrawn.

10.2. In business transactions with merchants and with legal entities under public law, the place of jurisdiction for all legal disputes concerning these Terms and Conditions and individual contracts concluded under their validity, including bills of exchange and cheque actions, shall be our registered office. In this case, we are also entitled to bring an action at any other statutory place of jurisdiction. Any exclusive place of jurisdiction remains unaffected by the above provision.

11. Severability Clause

Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The statutory provisions shall take the place of the invalid provisions. The same applies insofar as these General Terms and Conditions contain an unforeseen gap.