General Terms and Conditions

Last updated July 29, 2024

Language:  English Slovensky

1. Introductory Provisions

1.1 These General Terms and Conditions (hereinafter only as „T&C“) regulate the rights and obligations of the Provider and the Customer or the Licensee regarding the licensing of Mister Horse products. Find more information on Mister Horse products on the website https://misterhorse.com/ (hereinafter only as „Mister Horse Products“).

1.2 The Provider is the company Mister Horse j.s.a., ID no. 53398963 with registered seat at Gerulatská 4/A, 851 10 Bratislava, Slovakia, registered in the Commercial register of the City court Bratislava III, Slovakia, Sec. Sja, Insert no. 137/B (hereinafter only as „Provider“).

1.3 The Customer is any natural or legal person ordering Mister Horse Products via the Provider’s https://misterhorse.com/ website (hereinafter only as „Customer“), using the Products for its own use or for the purpose of reselling the Products.

1.4 For the purposes of these T&C, the Licensee is any natural or legal person who has acquired the Mister Horse Products and its license directly from the Provider or through an authorized distributor who is also the Provider's Customer (hereinafter only as “Licensee”).

1.5 The Customer or the Licensee who is a natural person not concluding and performing the contract within the scope of his/her business activities or other commercial activity, is at the same time the consumer (hereinafter only as „Consumer“).

1.6 The Commercial Code is the Act No 513/1991 Coll. Commercial Code as amended (hereinafter only as „Commercial Code“).

1.7 The Civil Code is the Act No 40/1964 Coll. Civil Code as amended (hereinafter only as „Civil Code“).

2. Contract Conclusion

2.1 The Customer can buy the Mister Horse Products license by creating a free-of-charge account on the https://misterhorse.com/ website and completing and submitting the order form with an obligation to pay, thereby concluding a contract between the Provider and the Customer (hereinafter only as „Contract“).

2.2 Subject matter of the Contract is mainly the Provider’s obligation to provide the license for selected Mister Horse Products and the obligation of the Customer to pay the agreed upon remuneration. The license to Mister Horse Products is primarily sold in the form of a subscription according to currently available plans and their pricing. Based on the subscription, the Customer will be provided a license to several Mister Horse Products. All information on Mister Horse Products, plans and their pricing is available on the https://misterhorse.com/ website.

2.3By creating the account/sending the order the Customer confirms that he was informed about these T&C and agrees with them, as well that he is informed about the Mister Horse Product characteristics.

3.License

3.1 The Mister Horse Products license is fully subject to the Terms of Use of such license published on the https://misterhorse.com/ website – End User License Agreement „EULA“ (hereinafter only as „Terms of Use“). The Terms of Use are part of these T&C. The Customer accepts these Terms of Use when creating and account/downloading and installing a specific Mister Horse Product.

3.2 In the case of the purchase of the Products for the purpose of resale, the provisions of clause 3.1 of these T&C apply to the Licensee. In such case, the Customer is not a Licensee and is not entitled to use the Products for its own use or make them available to any other entity but the Licensee. In such case, the Customer is obliged to ensure adequate notification and acceptance of the Terms of Use by the Licensee.

4. Prices and Payment Conditions

4.1 The price of the Mister Horse Products license is based on the latest price list published on the https://misterhorse.com/ website. The price is displayed directly in the order during the order process.

4.2 The license to Mister Horse Products is primarily sold in the form of a subscription according to currently available plans and their pricing. The Provider is usually offering a monthly or an annual subscription. More information can be found on the https://misterhorse.com/ website.

4.3 The Customer pays the price after submitting the order, with the Customer being automatically redirected to a payment gateway. In case of a subscription, the payments are made as follows:

• Monthly subscription : The Customer pays the price for the first month after submitting the order. Subscription automatically renews on the same day of each calendar month, whereas the payment will be made automatically via the payment gateway. The Customer can cancel the subscription anytime to stop future charges. In such case the subscription will end with the expiry of the last billing period.
• Annual subscription : The Customer pays the price for the first year after submitting the order. Subscription automatically renews on the same day of each calendar year, whereas the payment will be made automatically via the payment gateway. The Customer can cancel the subscription anytime to stop future charges. In such case the subscription will end with the expiry of the last billing period.

4.4 The Customer can buy a subscription for several members. The Customer can higher or lower the number of members within the subscription anytime (up to min. one member), whereas he/she will be charged only for the existing number of members. Th following conditions shall apply:

• In case the Customer will higher the number of members during his/her billing period, a prorated cost will be billed to the Customer for the new member (based on the number of remaining days within the billing period).
• In case the Customer will lower the number of members during his/her billing period, a credit for the unused portion of the billing period of the cancelled member will be deposited to the Customer’s account and such credit will be used in the next invoice. Credits have no currency or exchange value, are non-transferable and non-refundable, and will expire with the termination of the subscription.
• The Customer will be billed for a minimum of one member.

4.5 The payment gateway is provided by third parties (e.g. Stripe, PayPal, Braintree).

5. Delivery

5.1 The Mister Horse Product is delivered immediately after payment of the price, with the Customer or the Licensee having the possibility to download it to his/her device from the https://misterhorse.com/ website.

6. Liability for defects

6.1 Any issues with a Mister Horse Product can be reported by the Customer or the Licensee to the Provider using https://www.misterhorse.com/contact-us.

6.2 In case of defective Mister Horse Products the Customer may assert liability for defects with the Provider pursuant to this T&C Article.

6.3 The Customer may assert liability for defects regarding a Mister Horse Products using the contact form on https://www.misterhorse.com/contact-us, with a detailed description of the defect.

6.4 Specific provisions applying only to Customers who are Consumers:

• The Provider shall be liable for any defect in the Mister Horse Product, which existed at the time of its delivery and manifests itself within two years after the delivery, in case the Miste Horse Product is delivered as a one-off or as a set of individual deliverables. In case of Mister Horse Products delivered continuously over an agreed period of time, the Provider shall be liable for any defect in the Mister Horse Product, that occurs or manifests itself during that agreed period of time.
• The Provider shall be liable for defects in accordance with Sec. 852g et seq. Civil Code.
• The Provider shall promptly provide the Consumer with confirmation of the assertion of defect. The Provider shall state in the confirmation a period, within which the defect shall be removed. The notified period shall not be longer than 30 days from the date of the defect assertion, unless a longer period is justified by an objective reason beyond the Provider’s control.
• If the Provider rejects liability for defects, the reasons for rejection shall be notified in writing to the Consumer.
• The Consumer shall provide the Provider with reasonable assistance necessary to determine whether the cause of the defect in the Mister Horse Product is in the Consumer’s digital environment. If the Consumer fails to provide such cooperation, the Consumer must prove that the Mister Horse Product was defective at the time of delivery or within the agreed period of time (in case of product delivered continuously over an agreed period of time) in order to enforce the rights from the liability for defects.
• If the Provider is liable for a defect in the Mister Horse Product, the Consumer shall have the right to have the defect removed, the right to a reasonable price reduction or the right to withdraw from the Contract. The Consumer may exercise the rights from the liability for defects without the need of asserting them towards the Provider.
• If the defect can be removed, the Consumer may demand its removal free of charge. The Provider shall remove the defect within a reasonable period of time. The Provider may refuse to remove the defect if the removal is not possible or if it would cause the Provider disproportionate costs with regard to all circumstances.
• The Consumer shall be entitled to a reasonable price reduction or to the withdrawal from the Contract, if (i) the defect removal is not possible or would cause unreasonable costs to the Provider; (ii) the Provider has not removed the defect; (iii) the Mister Horse Product has the same defect despite the Provider’s efforts to remove the defect; (iv) the defect is of a such serious nature, justifying the Consumer’s right to an immediate price reduction or withdrawal from the Contract; or (v) the Provider has stated or it is apparent from the circumstances, that he will not remove the defect within a reasonable period of time or without causing the Consumer serious inconveniences. The Consumer may not withdraw from the Contract if the defect is insignificant.
• The exercise of rights from the liability for defects does not exclude the Consumer’s right to compensation of damages incurred as a result of the defect.

6.5 Specific provisions applying only to Customers who are not Consumers:

• The Customer who is not a Consumer is entitled to request a free-of-charge defect removal and the Provider is obliged to remove the defect without undue delay, no later than within 30 days of the proper assertion of justified claims from defects. Instead of defect removal the Provider may replace the defective product with a defect-free one. If the Provider fails to remove the defects within a reasonable additional period or if within that period he informs the Consumer of such failure, the Customer may withdraw from the Contract or demand an appropriate price discount.
• The Customer who is not a Consumer has to claim his rights from the liability for defect by the Provider not later than 90 days of the delivery of the Mister Horse Product. Otherwise the rights from the liability for defects shall lapse.

6.6 Claimed rights from the liability for defects are processed in accordance with the following legal regulations:

a) Sale of goods to a Customer who is a Consumer: Civil Code and the Act No 108/2024 Coll. on consumer protection as amended;

b) Sale of goods to a Customer who is not a Consumer: Commercial Code.

6.7 The Provider is not liable for defects caused by the use of Mister Horse Products in conflict with the Terms of Use.

7. Contract withdrawal without stating a reason

7.1 The Customer is entitled to withdraw from the Contract without stating a reason within 14 calendar days of the Contract conclusion, subject to conditions stated below in this T&C Article and Sec 19 et seq. of the Act No 108/2024 Coll. on consumer protection as amended.

7.2 The Customer can apply the right to withdraw from the Contract in paper form or using the contact form on https://www.misterhorse.com/contact-us. The withdrawal period shall be deemed as preserved if the withdrawal is sent on the last day of the period.

7.3 By withdrawing from the Contract pursuant hereto the Contract is cancelled from its start and the Customer’s payment will be returned.

7.4 Due to the nature of the Mister Horse Products the Customer incurs no additional cost in connection with the withdrawal pursuant to this T&C Article.

7.5 To withdraw from the Contract pursuant to this T&C Article the Customer can use the model form comprising Annex No 1 of these T&C.

8. Dispute resolution, Alternate consumer dispute resolution

8.1 The Provider and the Customer or the Licensee shall pursue amicable resolution of any disputes.

8.2 Failure to achieve an amicable resolution of disputes will lead to these being settled by the locally competent court of the Slovak Republic.

8.3 Failure to achieve amicable resolution of disputes entitles the Consumer to alternate dispute resolution pursuant to Act No 391/2015 Coll. on alternative resolution of consumer disputes as amended.

8.4 The Consumer is entitled to demand remedy from the Provider if a dispute arises between the Consumer and the Provider regarding the exercise of rights from the liability for defects or if the Consumer assumes that the Provider has violated his/her other rights. The Consumer is entitled to submit a motion to initiate an alternative dispute resolution with an alternative dispute resolution body if the Provider replied in the negative to a request pursuant to the previous sentence or failed to reply within 30 days of its sending. The possibility of applying to a court remains unaffected.

8.5 List of alternate dispute resolution bodies: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1

8.6 The motion might be filled in paper form, electronic form or by making an oral statement for the minutes, unless the alternative dispute resolution rules of the alternative dispute resolution body do not state otherwise. To file the motion the Consumer may use the model form which is available on the website of the ministry and of each alternative dispute resolution body (references are provided in the link stated in the previous paragraph). The motion may be submitted also by using the following online platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK

9. Personal Data Protection

9.1 Personal data of the Customer/Licensee/other data subjects will be processed according to the Privacy Policy of the Provider available on the https://misterhorse.com/ website.

10. Contact

10.1 The Customer and the Licensee can contact the Provider using the contact form on https://www.misterhorse.com/contact-us

11. Final Provisions

11.1 These T&C and the relationships under them are governed by the legal regulations of the Slovak Republic, mainly:

a) the Customer and the Licensee who is a Consumer: Civil Code, Act No 108/2024 Coll. on consumer protection as amended;

b) the Customer and the Licensee who is not a Consumer: Commercial Code. References in these T&C to legal regulations are also considered references to legal regulations partially or completely amending or replacing them.

11.2 Provisions of these T&C regarding Consumers shall not apply to Customers who are not Consumers.

11.3 The Provider reserves the right to unilaterally change and amend these T&C within legal possibilities. In case of T&C change the contractual relationship between the Provider and the Customer or the Licensee will be governed by the latest T&C notified to the Customer or to the Licensee. T&C are not retroactive. If the Customer or the Licensee doesn’t agree with the changes he/she may withdraw from the Contract.

11.4 The Provider, the Customer and the Licensee declare that they fully accept remote communication – mainly electronic form of communication via electronic mail and the internet network to be valid and binding for both parties.

11.5 Should one of the provisions of these T&C be or become invalid or ineffective, the validity and effectivity of the Contract and the remaining T&C provisions shall remain unaffected. The invalid or ineffective provision shall be replaced by a valid and effective provision with the economic effect closest to the original spirit of the invalid or ineffective provision, or the most beneficial to the purpose of these T&C and the Contract.

11.6 These T&C shall apply from July 29, 2024.

Annex No 1

MODEL WITHDRAWAL FORM pursuant to T&C Article VII
(complete and return this form only if you wish to withdraw from the Contract, in paper form or by using the contact form at https://www.misterhorse.com/contact-us)

I hereby give notice that I withdraw from the Contract for the provision of the license to the following Mister Horse Product.

Product Name:
Order Date:
Consumer Name and Surname:
Consumer Address:
Consumer E-mail:

In ……………….., on ………………..

In case of using the paper form, the withdrawal must also be signed and sent to our address: Mister Horse j.s.a., Gerulatská 4/A, 851 10 Bratislava, Slovak Republic.