- These terms apply between Users and Hestaleit registered with the company no. 500216-1900” (hereinafter referred to as: “Hestaleit”). Hestaleit operates the website hestaleit.is and associated application. The website and the application that Hestaleit provides access to through or in connection with hestaleit.is, will be referred to as hestaleit.is. Information and services on the website, or in connection with the website, will hereinafter be referred to as the service. The terms cover the use of the service offered by the websites. It should be noted that in this connection it is part of the use even if the User only views the service that the websites have to offer.
- Hestaleit.is may only be used by legal entities, incorporated partnerships and natural persons of full legal capacity.
- It may be the case that Hestaleit offers certain goods and services under special conditions only. However, Hestaleit will explicitly point this out to the User in good time before he or she concludes the contract. In the individual case concerned, the special conditions will then apply in addition to these terms and conditions. In the event of overlap, the special conditions shall take precedence.
2. Registration of a User Account
- The User is required to register a user account under “My Hestaleit”, in order to utilise certain services or to purchase certain products.
- The User is required to provide data truthfully and fully during registration, especially his or her first name and last name. It is not permitted to use abbreviations, initials or invented names.
- If the User’s data change after having registered an account, he or she shall update the details immediately or, if this is not possible, notify Hestaleit of the changes immediately.
- During the registration process, the User sets a password within the framework of the possibilities offered by Hestaleit. The User shall keep the chosen password secret and keep it protected from access by third parties. It is not permitted to share the password with third parties. If the User mislays his or her password, or discovers or suspects that his or her password is being used by a third party, he or she must notify Hestaleit to this effect immediately. The User may adapt and change the password in his or her user account at any time. It is recommended to change passwords regularly.
- Hestaleit reserves the right to reject the registration of the User without giving any reason. The contract between Hestaleit and the User comes into effect upon confirmation of registration or upon receipt of a message stating that registration is complete. The User and Hestaleit therefore agree that a contract shall come into being even without the User’s signature.
- The User may only create one free user account. It is only permitted to create a further account with the approval of Hestaleit. It is not permitted to circumvent this limitation, particularly by using different data. By registering, the User affirms that he or she has no other user account on the online platform of Hestaleit and that he or she has not been excluded from its use. User accounts are not transferable.
3. Use of Hestaleit
- Hestaleit.is is initiated and currently operated by Hestaleit as a platform primarily for the advertising for sale of horses.
- Both free and chargeable services may be available on the online platform. All chargeable services are marked as such.
- Hestaleit is entitled at all times to change services provided for free on the online platform; to provide new services free of charge or for payment; and to stop providing services. In this connection, Hestaleit will take into account the legitimate interests of Users in each case.
- For some services, it may be necessary for the User to download an application (hereinafter referred to as an: app), provided free of charge by Hestaleit, and install it on his or her mobile end device. Hestaleit is entitled to make adjustments to the provision of services that require a new app or an update of the app to be downloaded in order to continue using the services, insofar as this is reasonable for the User.
- Hestaleit restricts its services at times, if need be, to prevent capacity limits from being reached, to ensure the security or integrity of servers, or to implement technical measures. Hestaleit will take into account the legitimate interests of Users, for example by announcing scheduled maintenance work.
- The User has no entitlement to the continuity or expansion of free services and content.
- The services available on the online platform may also include services of third parties to which Hestaleit merely facilitates access. Additional rules or terms that deviate from these terms and conditions may apply to the use of such services – which are marked as services of third parties in each case.
- Content provided on the online platform may not be copied, disseminated or otherwise made available to the public without the right holder’s consent – with the exception of cases permitted by law or where contractually stipulated.
- Users may only use the contact details of other Users, which are accessible via the online platform, for private purposes.
- Data backup is not the subject matter of the contract. Hestaleit may, but need not, back up data such as the texts and photos contained in ads.
4. Posting content on Hestaleit
- Users are given the opportunity to post content (texts, images, other files) themselves in the context of offers. The User is solely responsible for any content he or she posts on the online platform, including any uploaded files, whether public or private.
- Users may not post content that violates applicable law, infringes the rights of third parties, violates the principles of the protection of minors or transgresses standards of public decency.
- Hestaleit is entitled to block, delete or refuse to use content that breaches these terms and conditions. Hestaleit shall not lose its entitlement to remuneration with regard to such services.
- The User has no entitlement to the posting, unblocking or reposting of content. Regardless of these measures, Hestaleit reserves the right to terminate the contractual relationship.
- The User grants Hestaleit a worldwide, non-exclusive, transferable, royalty-free right to use in any way any and all of the content he or she has posted, including uploaded files, in particular for the storage, duplication, dissemination and communication to the public, also outside the online platform, such as in print media.
- The rights of use shall be transferred free of charge by the User. Hestaleit is entitled to transfer to third parties, whether for payment or without payment, the rights of use that have been transferred to it. The legitimate interests of the User will be taken into account when transferring rights of use.
- The rights of use shall be transferred permanently and irrevocably to Hestaleit by the User.
- Hestaleit will transfer the right of use in such a way that material may be used without a copyright notice. The User assures that he or she may grant such rights.
- The User indemnifies Hestaleit from all and any claims of third parties and other Users lodged against Hestaleit due to content posted on the online platform by the User, including uploaded files, in the case that the User is responsible for the infringement. The indemnity covers, in particular, the cost of any legal defence that may be necessary, as well as compensation for damages.
- In the event of claims against Hestaleit, the User is required to make available immediately, truthfully and fully, all information that Hestaleit requires in order to examine the claims and defend itself.
6. Ads on Hestaleit
- Hestaleit provides an ad platform where Users may post ads containing descriptions, photos and contact details. Users can browse the database of listed offers and view ads. Users are able to send an email to other Users via a contact form concerning an ad; they can also contact them by using the phone number provided.
- With regard to the ad platform, Hestaleit merely provides technical services for handling Users’ offer management, and shall not itself be a party to any contracts subsequently concluded between Users.
- Hestaleit endeavours to ensure appealing ads. Users are therefore required to accurately describe posted ads, and especially to state any known shortcomings or health issues. The User shall check the ads that he or she has posted at fourteen-day intervals to ensure that the details are up to date. If the subject of an ad has been sold or is otherwise no longer available for sale, the ad shall be deleted from Hestaleit immediately.
- Once ads have been posted, their essential characteristics may not be adapted; instead, they must be deleted and reposted, unless otherwise expressly agreed between the User and Hestaleit.
7. Premium membership
- Hestaleit gives Users the possibility to act as Premium customers.
- The use of Hestaleit as a Premium customer is subject to a charge in accordance with the currently applicable price list, unless otherwise agreed.
- Premium customers receive a variety of benefits when posting ads on Hestaleit.is. The scope of services arises from the currently applicable membership plan.
- The contract for Premium membership is concluded for an indefinite period, and has the minimum contract term as agreed in each case. Where no minimum contract term was agreed, it shall be three months. The contract can be terminated at the end of the relevant contract month within the agreed notice period. Where no period of notice has been agreed, it shall be three months.
- Termination shall be made by the User in text form. Hestaleit may terminate the contract in written or text form. If the contract for Premium membership is not terminated within the specified time, the contract will be extended by the agreed period in each case. Where no period was agreed, the contract will be extended by 3 months in each case.
- In the absence of a more specific arrangement, the User may at any time terminate contracts for free services with Hestaleit. An appropriate declaration in text form to Hestaleit or – where stipulated – a declaration via a termination function on the Hestaleit website suffices to terminate the contract.
- Hestaleit may at any time terminate the contract in written or text form.
- In the event of a termination by Hestaleit, the User is forbidden to re-register with the online platform.
- The prices referred to are final prices, including applicable VAT. Prices are governed by the currently applicable price list, which is available at http://hestaleit.is/en/users/register
- Prices are changed by changing the price list available on the internet. The new prices apply when the new price list is available on the internet.
- Trials are applicable to new customers only. New customers are Users who did not have any contractual relationship with Hestaleit prior to accepting the trial and, in particular, have never before tested the services provided by Hestaleit.
- If a User gains unauthorised access to a trial (e.g. by re-registering or by giving false information), Hestaleit is entitled to immediately block the user account and to claim the normal charges applicable in the absence of conditions for new customers up until the next ordinary right to terminate the contract.
11. Invoicing and Payment
- Payments can only be made by credit card.
- Invoices for a premium membership will be made available to the User in his or her user account on Hestaleit.is. Invoices for other chargeable services will be sent by email.
- Where stipulated in the contract, invoices may, on request, be sent by post to the User’s address for a fee, calculated according to the applicable price list.
- The contractually agreed fee is payable by Premium members on the first work day of the calendar month for the previous calendar month (or part thereof). Otherwise, the contractually agreed fee is payable in advance, and at no charge to Hestaleit, immediately after invoicing.
12. Default in Payment
- In the event of a default in payment by the User, Hestaleit is entitled to stop providing the service and, in particular, to block the User’s ads. The requirement to pay the fee continues to apply during the period of discontinued service provision due to the default in payment. In the event of a default in payment, Hestaleit is entitled to claim statutory default interest and other damage caused by delay and, in particular, commission third parties to collect the payment.
- If the User defaults on payment of the fee, with the amount in default being equivalent to the fee for two months, Hestaleit may terminate the contractual relationship without notice.
- If the User is blocked due to a default in payment, Hestaleit is entitled to request an activation fee in accordance with the price list.
- Reminder fees are incurred in accordance with the price list.
13. Right of Withdrawal
- Consumers have a fourteen-day right of withdrawal.
- The withdrawal period is fourteen days, starting on the day when the contract was concluded. To exercise the right of withdrawal, the User must notify Hestaleit via post or email: [email protected].
- If the User withdraws from this contract, Hestaleit shall repay the User all payments received from. Hestaleit will use the same means of payment for making this repayment that the User used for the original transaction, unless otherwise explicitly agreed.
- If the User requested the services to start during the withdrawal period, the User shall pay a reasonable amount which is in proportion to the extent of the service already provided up to the point when the User notified that he would exercise his right of withdrawal from this contract in comparison with the total extent of the services provided for in the contract.
- In the event of a shortcoming, warranty rights are governed by Icelandic statutory provisions.
- Hestaleit shall be liable for damages caused by simple negligence if and the extent to which this negligence concerns the breach of contractual obligations, adherence to which is of particular importance to achieving the purpose of the contract. However, Hestaleit shall only be liable if the damage is typically related to the contract and is foreseeable. For the rest, Hestaleit shall not be liable in the event of breaches of non-material secondary obligations caused by simple negligence. The above limitations of liability also apply even if the liability for legal representatives, executive staff members or other vicarious agents is concerned.
- Any further liability is excluded.
- If the User is a merchant, a legal entity or a fund within the meaning of Icelandic law, the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship is the place of business of Hestaleit. However, Hestaleit is also entitled to take legal action at the User’s general place of jurisdiction.
- Hestaleit reserves the right to change provisions of these General Terms and Conditions at any time and without stating any reasons.
- Hestaleit shall send changes to the customer in written or text form to the email address or postal address stated by the User no later than two weeks before they come into effect.
- If the User does not object to the validity of the new General Terms and Conditions within two weeks of receiving notification, and if he or she continues to use the services, and especially services provided by Hestaleit, after the expiry of the objection period, the amended General Terms and Conditions are deemed to have been accepted.
17. Other Provisions
- In the event that individual provisions of this user agreement are ineffective, the remaining provisions shall remain in effect.