§ 1 Scope of Application
These General Terms and Conditions apply to all current and future contracts with Saddle Me Engelke GmbH & Co. KG, Vesbecker Weg 4, 29690 Lindwedel.
The subject matter of these contracts includes the manufacture, sale, and rental of saddles and other equestrian equipment, as well as their inspection, repair, and adjustment.
Any differing agreements or customer terms and conditions shall only apply if expressly confirmed in writing by Saddle Me Engelke GmbH & Co. KG.

§ 2 Conclusion of Contract
All offers made by Saddle Me Engelke GmbH & Co. KG are non-binding.
A contract is only concluded upon the express acceptance by the saddle dealer of the customer’s binding order.

§ 3 Forwarding of Customer Inquiries to Franchisees

1. As part of our franchise system, we forward customer inquiries received via our communication channels to our franchisees. These franchisees are independent business owners and therefore act as independent third parties.
2. Customer inquiries may be received through the following channels:
   • Contact form on our website
   • WhatsApp
   • E-mail
   • Telephone
3. The forwarding of inquiries is solely for the purpose of having them processed by the regionally or thematically responsible franchisee.
4. Franchisees are obligated to process the personal data received in compliance with applicable data protection laws and act as independent controllers in accordance with the General Data Protection Regulation (GDPR).
5. By using one of the communication channels listed above, the customer expressly consents to their personal data being forwarded to a franchisee for this purpose. The legal basis for the forwarding is Art. 6(1)(a) GDPR (consent).
6. Saddle Me Engelke GmbH & Co. KG is not liable for the actions or omissions of the franchisees, as they operate independently.

§ 4 Notice of Right of Withdrawal
Consumers as defined by § 13 BGB (German Civil Code) receive the legally required withdrawal policy, including a model withdrawal form, in the event of a contract concluded outside our business premises or via distance selling.
The withdrawal policy is not part of these GTCs and can be accessed at any time at www.saddleme.com/widerruf, or will be provided separately.

§ 5 Delivery Periods / Handover

1. Delivery periods are provided to the best of our judgment but are not binding.
2. In cases of force majeure or unforeseeable, serious operational disruptions, the delivery period shall be extended by the duration of the delay. The customer will be informed immediately of any such delay. If the delay lasts unreasonably long, either party may withdraw from the contract.
3. The customer will be notified when the goods are ready for delivery/handover. If delivery/handover cannot take place on the agreed date due to circumstances for which the customer is responsible, the customer shall be in default of acceptance. Unless otherwise agreed, the place of performance is the dealer’s business location. § 447 BGB applies, meaning that if the goods are shipped to a location other than the place of performance at the customer’s request, the risk transfers to the buyer as soon as the seller hands the goods over to the carrier, freight forwarder, or other party designated to execute the shipment.
4. Storage costs shall be borne by the customer.
5. Customers are requested to report any obvious transport damage directly to the delivery personnel and inform us within two business days, including photographic evidence. Failure to do so does not affect statutory warranty rights but helps us enforce our own claims against the shipping provider.

§ 6 Payment Terms
Upon conclusion of a purchase contract, the customer must make an advance payment of 50% of the total purchase price.
The purchase contract is subject to the condition precedent of receipt of this advance payment.
The payment term is 10 days from receipt of the invoice.

§ 7 Retention of Title
The saddles remain the property of the saddle dealer until full payment of the purchase price has been made.
In the event of default or other breach of contract by the customer, the dealer is entitled to reclaim the saddles.
The customer hereby consents to the dealer reclaiming the saddles without this constituting unlawful interference.

§ 8 Warranty Rights
The statutory provisions on warranty for defects apply, subject to the following special provisions:

1. Special Characteristics of Leather Products
   When purchasing a saddle, it is contractually agreed that leather, being a natural product, may have natural scars and is subject to color changes.
   In the initial weeks, discoloration may occur in the saddle surface area.
   Leather also reacts to fluctuations in temperature and humidity.
   These characteristics do not constitute a defect.
   The saddle should be handled carefully and cleaned only with designated care products.
2. The dealer also notes that modern saddlery now uses much finer materials (e.g., doubled calf leather), which provide more comfort and a better seat.
   However, such materials are naturally subject to higher wear and tear compared to older, more robust materials.
   This increased wear does not constitute a defect.
3. Physical Changes in the Horse
   Upon delivery of a saddle and its initial custom fitting to the customer’s horse, the horse’s physical condition (including muscles, fat tissue, and back shape) may change over time due to factors such as diet, health, housing, natural growth (in younger horses), or the rider’s influence.
   The dealer warrants only that the saddle fits the horse as it was at the time of delivery.
   Any later changes requiring re-adjustment are not covered under the original warranty.
   Re-adjustments can be carried out upon request for an additional fee as per the current price list.
4. Sale and Adjustment of Used Saddles
   For the sale and adjustment of used saddles, the warranty period is limited to one year from the date of handover.
   This limitation does not apply to claims mentioned in § 8(1) and § 8(2).
5. Sale to Business Customers
   Business customers must inspect the delivered goods immediately upon receipt for quality and quantity discrepancies.
   Any visible defects must be reported to the dealer without delay, at the latest within one week of receipt.
   Failure to do so will exclude warranty claims.

§ 9 Liability

1. The dealer is liable according to statutory provisions for any injury to life, body, or health caused by their own negligent breach of duty or that of their legal representatives or agents.
2. For other damages caused by gross negligence or willful misconduct, the dealer is likewise liable under statutory provisions.
   Liability for ordinary negligence is excluded in these cases.
3. The dealer assumes no liability for franchisees’ compliance with data protection laws when forwarding customer inquiries.

§ 10 Service Fees

• For a saddle trial (complete assessment of the horse and consultation), a flat fee of €200.00 is charged.
  This amount will be fully credited towards a saddle purchase made within three months of the appointment.
• For a seat and padding check (assessment of an already suitable saddle model), a flat fee of €95.00 is charged.

§ 11 Governing Law and Jurisdiction

1. Contracts with the dealer are governed by German law, even if the order is placed from or delivered to another country.
   The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
2. The place of jurisdiction for all disputes with merchants is the dealer’s business location.
   This jurisdiction also applies if the customer has no general jurisdiction in Germany, relocates their residence or domicile abroad, or if their residence or usual place of stay is unknown at the time of filing the claim.

§ 12 Online Dispute Resolution and Consumer Arbitration
The European Commission provides a platform for online dispute resolution (ODR):
https://ec.europa.eu/consumers/odr

Our e-mail address is: info@saddleme.com

We are neither obligated nor generally willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Severability Clause
If any provision of these GTCs is or becomes invalid, the validity of the remaining provisions shall not be affected.

Status: 05/2025
Saddle Me Engelke GmbH & Co. KG

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