
{"id":31359,"date":"2023-09-25T15:42:29","date_gmt":"2023-09-25T13:42:29","guid":{"rendered":"https:\/\/eu.acaris.net\/agb\/"},"modified":"2026-11-03T12:49:54","modified_gmt":"2026-11-03T11:49:54","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/eu.acaris.net\/en\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"<h3>\u00a71 Scope, Definitions and Customers&#8217; Terms<\/h3>\n<ol>\n<li>These General Terms and Conditions (hereinafter &#8220;Terms&#8221;) form part of all purchase contracts, licence contracts, agreements and offers concluded between us and the customer. They are deemed accepted at the latest when the customer places an order or accepts delivery.<\/li>\n<li>A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (\u00a7 13 BGB, German Civil Code). A business customer within the meaning of these Terms is, in accordance with \u00a7 14 BGB, a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession. Where these Terms refer to &#8220;customers&#8221;, both business customers and consumers are meant unless stated otherwise.<\/li>\n<li>We expressly object to any terms of order or other general terms and conditions of our customers that deviate from, conflict with or supplement these Terms. Even if we are aware of such other terms, they do not become part of the contract unless we expressly agree to them in text form.<\/li>\n<\/ol>\n<h3>\u00a72 Conclusion of the Contract, Storage of the Contract Text<\/h3>\n<ol>\n<li>The following provisions on the conclusion of contracts apply to orders placed through our online shop https:\/\/eu.acaris.net.<\/li>\n<li>The contract is concluded with:<br \/>\nACARiS GmbH<br \/>\nDr. Arne-Rasmus Draeger<br \/>\nLudwig-Erhard-Stra\u00dfe 18<br \/>\n20459 Hamburg, Germany<br \/>\nRegister number HRB 156700<br \/>\nRegister court: Amtsgericht Hamburg<\/li>\n<li>The presentation of goods in our online shop does not constitute a legally binding offer on our part, but merely a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer makes a binding offer to conclude a contract.<\/li>\n<li>The following applies to orders received in our online shop:<br \/>\nThe customer makes a binding offer to conclude a contract by successfully completing the ordering procedure provided in our online shop.<br \/>\nThe order is placed in the following steps:<\/p>\n<ol>\n<li>Selecting the desired goods or plan and adding them to the cart<\/li>\n<li>Checking the details in the cart<\/li>\n<li>Clicking the &#8220;Checkout&#8221; button<\/li>\n<li>Entering the billing and payment details or signing in to the customer account; for subscriptions, a customer account is created in this step<\/li>\n<li>Checking and, where necessary, correcting the details entered<\/li>\n<li>Submitting the order bindingly by clicking the &#8220;Order with obligation to pay&#8221; button<\/li>\n<\/ol>\n<p>Before submitting the order bindingly, the customer can return to the page on which their details are entered by using the &#8220;Back&#8221; button of their browser and correct input errors, or cancel the ordering process by closing the browser.<br \/>\nWe confirm receipt of the order immediately by an automatically generated e-mail (&#8220;confirmation of receipt&#8221;).<\/p>\n<p>A contract is only concluded when we accept the customer&#8217;s order in text form (e.g. by e-mail) or deliver the goods to the customer. We are not obliged to accept a customer&#8217;s offer.<\/p>\n<p>If we have not declared acceptance of an order in text form or made the delivery within 3 working days, the customer is no longer bound by the order. Side agreements are only effective if we have confirmed them in text form (e.g. by e-mail).<\/li>\n<li>Storage of the contract text for orders placed through our online shop: we send you the order data and our Terms by e-mail. You can also view these Terms at any time at https:\/\/eu.acaris.net\/en\/terms-and-conditions\/. For security reasons, your order data is no longer accessible via the internet.<\/li>\n<li>Costs of using means of distance communication: no separate costs arise for concluding the contract. The customer only bears the usual costs of the internet connection.<\/li>\n<\/ol>\n<h3>\u00a73 Prices, Shipping Costs, Payment, Due Date<\/h3>\n<ol>\n<li>All prices are stated in euros and include statutory VAT and other price components. Shipping costs, if any, are added. For subscriptions, the total costs per billing period are stated. The prices valid at the time of the order apply.<\/li>\n<li>The customer can pay as follows:\n<ul>\n<li>payment in advance (bank transfer),<\/li>\n<li>credit card (Visa and Mastercard),<\/li>\n<li>SEPA direct debit,<\/li>\n<li>invoice (business customers only).<\/li>\n<\/ul>\n<\/li>\n<li>If the customer has chosen payment in advance, they undertake to pay the purchase price immediately after the conclusion of the contract. The customer is in default 14 days after receipt of the invoice and of the goods. The customer is not in default as long as our performance is not rendered due to a circumstance for which the customer is not responsible.<\/li>\n<\/ol>\n<h3>\u00a74 Delivery<\/h3>\n<ol>\n<li>Delivery periods are only binding for us if expressly designated as such.<\/li>\n<li>The delivery period begins, for payment in advance, on the day after the payment order is given to the bank instructed with the transfer and, for all other payment methods, on the day after the conclusion of the contract. If the period ends on a Saturday, Sunday or public holiday at the place of delivery, it ends on the next working day.<\/li>\n<\/ol>\n<h3>\u00a75 Transfer of Risk and Transport Costs<\/h3>\n<ol>\n<li>If the customer is a business customer, the risk of accidental loss and accidental deterioration passes to the customer upon handover or acceptance of the goods. Handover is deemed to have taken place if the customer is in default of acceptance. We only bear the transport risk for deliveries &#8220;free domicile&#8221;.<\/li>\n<li>For consumers, the statutory provisions on the transfer of risk apply.<\/li>\n<\/ol>\n<h3>\u00a76 Duty to Inspect, Transport Damage [business customers only]<\/h3>\n<ol>\n<li>A business customer must inspect the goods received from us immediately upon receipt and, if a defect appears, notify us of it in writing without delay, at the latest within one week of receipt. If the customer fails to do so, the goods are deemed approved, unless the defect was not recognisable during the inspection.<\/li>\n<li>If such a defect appears later, the business customer must notify us in writing without delay after its discovery; otherwise the goods are deemed approved with regard to this defect as well.<\/li>\n<li>Timely dispatch of the notification by the customer is sufficient to preserve these rights.<\/li>\n<li>Paragraphs 1 and 2 do not apply if we have fraudulently concealed a defect.<\/li>\n<\/ol>\n<h3>\u00a77 Rights Granted for Subscriptions; Notice Periods, Deletion of Data<\/h3>\n<h4>Scope<\/h4>\n<ol>\n<li>The following provisions apply exclusively to subscriptions to our software. They do not apply to products or services not offered as a subscription (e.g. one-off purchases, project work, consulting). For HORSE PROTECTOR AI, \u00a7 7a takes precedence.<\/li>\n<\/ol>\n<h4>Right of Use<\/h4>\n<ol>\n<li>By taking out a subscription to our software, the customer acquires the right to use it during the term of the contract and to access their data. The customer is not entitled to resell, distribute, lend, copy, make publicly available or sublicense the software or the access granted. Modifications to the software itself are likewise not permitted. The customer is granted a simple right of use, limited to the term of the contract, exclusively for the types of use named in this section.<\/li>\n<\/ol>\n<h4>Minimum Term<\/h4>\n<ol>\n<li>The subscription has a fixed minimum term of 24 (twenty-four) months, unless expressly agreed otherwise in writing. Ordinary termination before the end of the minimum term is excluded.<\/li>\n<\/ol>\n<h4>Renewal and Termination<\/h4>\n<ol>\n<li>After the minimum term, the subscription renews automatically by 1 (one) month at a time unless it is terminated with 1 (one) month&#8217;s notice to the end of the respective term in text form (e.g. by e-mail) or via the &#8220;Cancel Subscription&#8221; function on our website. If it is not terminated in time, the subscription continues to renew by a further 1 (one) month at a time.<\/li>\n<\/ol>\n<h4>Deletion of Data<\/h4>\n<ol>\n<li>After the subscription has ended, we are entitled to delete the data and content belonging to the customer&#8217;s account, unless otherwise agreed with the customer and unless statutory retention obligations prevent this. If the customer requests it before deletion, we provide the content that the customer supplied or created when using the service in a common format, insofar as the law provides for this (\u00a7 327p BGB). We process personal data in accordance with our privacy policy and, where agreed, the data processing agreement (\u00a7 20).<\/li>\n<\/ol>\n<h4>Termination for Good Cause<\/h4>\n<ol>\n<li>The right of both parties to terminate the contract for good cause remains unaffected.<\/li>\n<\/ol>\n<h3>\u00a77a Special Provisions for HORSE PROTECTOR AI<\/h3>\n<ol>\n<li><b>Precedence.<\/b> The following provisions apply to contracts for HORSE PROTECTOR AI. They take precedence over \u00a7 7, in particular over &#8220;Minimum Term&#8221; and &#8220;Renewal and Termination&#8221;, and over \u00a7 8 (1). They apply equally to consumers and business customers.<\/li>\n<li><b>Service.<\/b> HORSE PROTECTOR AI is software for AI-supported monitoring of horses, which the customer installs on their own computer, together with the ACARiS online services it requires (in particular licence checks, notifications by app and phone call, livestream and reports). The service is provided continuously during the term of the contract and paid monthly, every six months or annually. One licence covers the simultaneous analysis of one camera stream.<\/li>\n<li><b>Requirements.<\/b> To use the service, the customer needs compatible IP cameras (RTSP stream, H.264), a suitable Windows or Linux computer that meets the system requirements stated on our website, and a stable network and internet connection. Providing, operating, powering and securing these devices and connections is the customer&#8217;s responsibility.<\/li>\n<li><b>Plans and terms.<\/b>\n<ul>\n<li><b>Monthly plan:<\/b> term of one month. The contract renews by one month at a time and can be cancelled at any time to the end of the current month.<\/li>\n<li><b>12-month plan:<\/b> first term of twelve months; the annual amount is payable in advance. The contract can be cancelled at any time to the end of the first term. After that, it continues for an indefinite period, is billed annually in advance and can be cancelled at any time with one month&#8217;s notice. We refund pro rata the part of the annual amount that relates to the time after the end of the contract.<\/li>\n<li><b>Breeder Pass:<\/b> one season of six months per camera stream; the season amount is payable in advance. The Breeder Pass has no free trial. The contract can be cancelled at any time to the end of the first season. After that, it continues for an indefinite period, is billed every six months in advance and can be cancelled at any time with one month&#8217;s notice. We refund pro rata the part of the season amount that relates to the time after the end of the contract.<\/li>\n<\/ul>\n<p>Birth alerts and advanced colic alerts are included in the 12-month plan and the Breeder Pass, not in the monthly plan. Additional cameras are booked on the same plan and billing as the first camera. If several Breeder Passes are booked in one order, the second and every further pass are charged at the price of an additional Breeder Pass; this price continues at renewal, even if another pass of the order is cancelled. A pass booked separately later is charged at the price of a Breeder Pass.<\/li>\n<li><b>Free trial.<\/b> New customers can try the monthly plan and the 12-month plan once, free of charge, for seven days. A free trial is only available if no HORSE PROTECTOR AI subscription has existed under the customer account or the e-mail address. The payment method is stored when ordering; nothing is charged during the trial. If the customer cancels before the end of the trial, no costs arise. Otherwise the chosen paid term begins on the eighth day and the first amount becomes due. The statutory right of withdrawal (\u00a7 13) remains unaffected.<\/li>\n<li><b>Conclusion of the contract.<\/b> In deviation from \u00a7 2, the contract for HORSE PROTECTOR AI is concluded with our order confirmation by e-mail, which also contains the download links. The customer receives the unit number and activation code in a further e-mail.<\/li>\n<li><b>Cancellation.<\/b> The customer can cancel in the customer account under &#8220;Subscriptions&#8221;, via the &#8220;Cancel Subscription&#8221; function on our website or in text form (e.g. by e-mail to info@acaris.net). The right to terminate for good cause remains unaffected.<\/li>\n<li><b>Description and limits of the service.<\/b> HORSE PROTECTOR AI provides AI-supported notices and alerts. Detection is not error-free; alerts may be delayed or may not be triggered. The delivery of notifications also depends on third-party services, in particular mobile and internet networks, the push services of operating system providers and telephone networks. HORSE PROTECTOR AI supplements the supervision of the animals but does not replace it, and it does not replace a veterinary examination. Liability is governed by \u00a7 10; mandatory statutory liability remains unaffected.<\/li>\n<li><b>Updates.<\/b> During the term of the contract, we provide updates, including security updates, insofar as they are necessary for the service to remain in conformity with the contract. The customer installs them promptly. If the customer does not install an update although we have informed them of its availability and the consequences of not installing it, we are not liable for a defect resulting solely from this (\u00a7 327f (2) BGB).<\/li>\n<li><b>Licence and data after the end of the contract.<\/b> The right of use (\u00a7 7 &#8220;Right of Use&#8221;) exists for the term of the contract; the licence is deactivated when the contract ends. We delete the customer&#8217;s data stored at ACARiS 30 days after the end of the contract, unless statutory retention obligations prevent this. Until then, we provide the customer on request with the content that they supplied or created when using the service, in a common format.<\/li>\n<\/ol>\n<h3>\u00a78 Downloads<\/h3>\n<ol>\n<li>Access granted under the subscription and use of the software provided do not require any unusual system requirements (hardware or software), unless specifically stated. Up-to-date end devices with an internet connection and a common web browser are sufficient. For HORSE PROTECTOR AI, the requirements in \u00a7 7a (3) apply.<\/li>\n<li>We are not liable for malfunctions or errors in the use of the software or the access caused by technical faults or insufficient technical equipment on the customer&#8217;s side.<\/li>\n<\/ol>\n<h3>\u00a79 Warranty, Limitation Period<\/h3>\n<ol>\n<li>If there is a defect, we are entitled, at our discretion, to provide subsequent performance by remedying the defect or by delivering a defect-free item. If we remedy the defect, we bear all expenses necessary for this purpose, in particular transport, travel, labour and material costs.<\/li>\n<li>If we remedy the defect, we are entitled to the return of valuable parts replaced in the course of the repair. If we deliver a replacement, we are entitled to demand the return of the defective item from the customer.<\/li>\n<li>If there is a defect, the customer is entitled, at their discretion, to withdraw from the contract or to demand a corresponding reduction of the purchase price if one of the following cases applies:\n<ul>\n<li>our subsequent performance has failed,<\/li>\n<li>subsequent performance by us is (no longer) reasonable for the customer,<\/li>\n<li>we have refused the type of subsequent performance because of disproportionate costs within the meaning of \u00a7 439 (3) BGB,<\/li>\n<li>we have seriously and finally refused further performance,<\/li>\n<li>we have not rendered a performance by a date or within a period specified in the contract, although timely performance was essential for the customer according to a notification by the customer before the conclusion of the contract or due to other circumstances accompanying the conclusion of the contract, or<\/li>\n<li>in the case of a performance not rendered in accordance with the contract, there are special circumstances which, weighing the interests of both parties, justify immediate withdrawal by the customer.<\/li>\n<\/ul>\n<\/li>\n<li>If we do not render a due performance to a customer or do not render it in accordance with the contract, the customer is entitled to claim damages from us without setting a separate deadline if we have seriously and finally refused performance or if there are special circumstances which, weighing the interests of both parties, justify the immediate assertion of the claim for damages.<\/li>\n<li>Warranty claims of business customers become time-barred twelve months after delivery of the goods. For consumers, a warranty period of two years from delivery of the goods applies.<\/li>\n<\/ol>\n<h3>\u00a710 Limitation of Liability<\/h3>\n<ol>\n<li>In the event of breaches of duty by us, our liability is limited to intent and gross negligence. These limitations also apply to breaches of duty by our legal representatives and\/or vicarious agents.<\/li>\n<li>The limitations and exclusions of liability in paragraph 1 do not apply:\n<ul>\n<li>to damage resulting from injury to life, body or health for which we or our vicarious agents are responsible (personal injury),<\/li>\n<li>in the event of our default, insofar as a fixed delivery date was agreed,<\/li>\n<li>if we have given a guarantee for the quality or the existence of a result of performance or assumed a procurement risk,<\/li>\n<li>to claims under the German Product Liability Act,<\/li>\n<li>to the breach of cardinal obligations (essential contractual obligations).<\/li>\n<\/ul>\n<p>These include damage that we cause by simple negligent breach of contractual obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer regularly relies and may rely.<\/li>\n<li>Unless a case under paragraph 2 applies, the liability of us and our vicarious agents for slightly negligent breaches of duty is limited in amount to the foreseeable damage typical for the contract. We are therefore not liable for damage that we did not have to foresee as a possible consequence of the breach of contract when the contract was concluded. Nor are we liable for damage that did not occur to the delivered item itself; in particular, we are not liable for loss of profit.<\/li>\n<\/ol>\n<h3>\u00a711 Prohibition of Set-off, Limitation of the Right of Retention<\/h3>\n<ol>\n<li>The customer is only entitled to set off if their counterclaims have been finally established by a court, are ready for decision, undisputed or acknowledged by us.<\/li>\n<li>The customer is only entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.<\/li>\n<\/ol>\n<h3>\u00a712 Retention of Title<\/h3>\n<p>We retain title to the goods until the purchase price has been paid in full.<br \/>\nFor subscriptions: the hardware remains the property of ACARiS until the minimum term of 24 months has expired and all monthly or annual instalments have been paid by the customer. After the minimum term has expired and all payments have been received, ownership of the hardware passes to the customer.<\/p>\n<h3>\u00a713 Right of Withdrawal for Consumers<\/h3>\n<p>Consumers have a right of withdrawal as set out below; a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.<\/p>\n<h4>Withdrawal instructions for contracts for the supply of goods<\/h4>\n<p>Right of withdrawal<\/p>\n<p>You have the right to withdraw from this contract within fourteen days without giving any reason.<\/p>\n<p>The withdrawal period is fourteen days from the day on which you, or a third party other than the carrier indicated by you, acquire physical possession of the goods.<\/p>\n<p>To exercise the right of withdrawal, you must inform us<\/p>\n<p>ACARiS GmbH<br \/>\nDr. Arne-Rasmus Draeger<br \/>\nLudwig-Erhard-Stra\u00dfe 18<br \/>\n20459 Hamburg, Germany<br \/>\nE-mail info@acaris.net<\/p>\n<p>of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website (<a href=\"https:\/\/eu.acaris.net\/en\/withdraw-from-contract\/\">https:\/\/eu.acaris.net\/en\/withdraw-from-contract\/<\/a>, &#8220;Withdraw from Contract&#8221;). If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.<\/p>\n<p>Effects of withdrawal<br \/>\nIf you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.<\/p>\n<p>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.<\/p>\n<p>You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.<\/p>\n<p>You will have to bear the direct cost of returning the goods.<\/p>\n<h4>Additional provision for subscriptions with a minimum term:<\/h4>\n<p>For subscriptions with a fixed minimum term of 24 months, the right of withdrawal expires at the latest 14 days after the conclusion of the contract, unless the consumer has withdrawn within this period.<br \/>\nAfter this withdrawal period has expired, there is no further right of ordinary termination before the end of the minimum term.<\/p>\n<p>End of withdrawal instructions<\/p>\n<h4>Withdrawal instructions for contracts for HORSE PROTECTOR AI<\/h4>\n<p>Right of withdrawal<\/p>\n<p>You have the right to withdraw from this contract within fourteen days without giving any reason.<\/p>\n<p>The withdrawal period is fourteen days from the day of the conclusion of the contract.<\/p>\n<p>To exercise the right of withdrawal, you must inform us<\/p>\n<p>ACARiS GmbH<br \/>\nDr. Arne-Rasmus Draeger<br \/>\nLudwig-Erhard-Stra\u00dfe 18<br \/>\n20459 Hamburg, Germany<br \/>\nE-mail info@acaris.net<\/p>\n<p>of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website (<a href=\"https:\/\/eu.acaris.net\/en\/withdraw-from-contract\/\">https:\/\/eu.acaris.net\/en\/withdraw-from-contract\/<\/a>, &#8220;Withdraw from Contract&#8221;). If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.<\/p>\n<p>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.<\/p>\n<p>Effects of withdrawal<br \/>\nIf you withdraw from this contract, we shall reimburse to you all payments received from you 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.<\/p>\n<p>End of withdrawal instructions<\/p>\n<p>Notes on HORSE PROTECTOR AI: the free trial is part of the contract; the withdrawal period starts with the order and continues after the end of the trial until the fourteenth day. We do not claim compensation for the service provided up to the withdrawal; payments already made are refunded in full. The right of withdrawal does not expire because you download or use the software.<\/p>\n<p>****************************************************************************************************<\/p>\n<h3>\u00a714 Model Withdrawal Form<\/h3>\n<p>Model withdrawal form<br \/>\n(Complete and return this form only if you wish to withdraw from the contract.)<\/p>\n<p>To:<br \/>\nACARiS GmbH<br \/>\nDr. Arne-Rasmus Draeger<br \/>\nLudwig-Erhard-Stra\u00dfe 18<br \/>\n20459 Hamburg, Germany<br \/>\nE-mail info@acaris.net<\/p>\n<p>I\/We (*) hereby give notice that I\/We (*) withdraw from my\/our (*) contract of sale of the following goods (*)\/for the provision of the following service (*)<\/p>\n<p>_____________________________________________________<\/p>\n<p>Ordered on (*)\/received on (*)<\/p>\n<p>__________________<\/p>\n<p>Name of consumer(s)<\/p>\n<p>_____________________________________________________<\/p>\n<p>Address of consumer(s)<\/p>\n<p>_____________________________________________________<\/p>\n<p>Signature of consumer(s) (only if this form is notified on paper)<\/p>\n<p>__________________<\/p>\n<p>Date<\/p>\n<p>__________________<\/p>\n<p>(*) Delete as appropriate.<\/p>\n<h3>\u00a715 Expiry of the Right of Withdrawal<\/h3>\n<p>If the consumer declares their consent before or when concluding the contract that access to the software or a comparable paid service should begin before the end of the withdrawal period, they lose their right of withdrawal.<br \/>\nThe consumer must confirm that they are aware that, by giving this consent, they lose their right of withdrawal upon complete performance of the contract.<br \/>\nThis section does not apply to contracts for HORSE PROTECTOR AI: we do not ask for such consent there; the right of withdrawal under \u00a7 13 remains.<\/p>\n<h3>\u00a716 Contract Language<\/h3>\n<p>The contract language is German. Orders placed through the English-language version of our online shop are concluded in English; these English Terms and Conditions apply to them and correspond in content to the German version (AGB).<\/p>\n<h3>\u00a717 Customer Service<\/h3>\n<p>Our customer service is available for questions, complaints and claims on working days from 09:00 to 17:00 (CET\/CEST) at<\/p>\n<p>E-mail: info@acaris.net<br \/>\n****************************************************************************************************<\/p>\n<h3>\u00a718 Applicable Law, Place of Jurisdiction, Severability<\/h3>\n<ol>\n<li>The law of the Federal Republic of Germany applies. The UN Convention on Contracts for the International Sale of Goods does not apply.<\/li>\n<li>If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office. The same applies if the customer has no general place of jurisdiction in Germany or if their domicile or habitual residence is not known at the time the action is filed. Otherwise, the statutory provisions apply.<\/li>\n<li>Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected.<\/li>\n<\/ol>\n<h3>\u00a719 Dispute Resolution for Consumers<\/h3>\n<p>We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.<\/p>\n<p>Due to our legal obligation, we nevertheless refer consumers to the consumer arbitration board responsible for them:<br \/>\nAllgemeine Verbraucherschlichtungsstelle des Zentrums f\u00fcr Schlichtung e. V.<br \/>\nStra\u00dfburger Str. 8<br \/>\n77694 Kehl, Germany<br \/>\nWebsite: www.verbraucher-schlichter.de<\/p>\n<h3>\u00a720 Data Protection and Data Processing<\/h3>\n<p>Insofar as ACARiS processes personal data on behalf of the customer, the provisions on data processing in accordance with Art. 28 GDPR, including the technical and organisational measures, apply in addition. They are available at:<\/p>\n<p><a href=\"https:\/\/acaris.net\/de_de\/order-processing\/\" target=\"_blank\" rel=\"noopener\">Data processing agreement \/ technical and organisational measures<\/a><\/p>\n<p>****************************************************************************************************<\/p>\n<h2><b>Guarantee Conditions \u2013 ACARiS HORSE PROTECTOR 2.0 Birth Alarm<\/b><\/h2>\n<p>The following guarantee conditions apply exclusively to the <b>birth alarm of the ACARiS HORSE PROTECTOR 2.0<\/b> and supplement the statutory warranty rights without restricting them.<\/p>\n<h3><b>1. Subject of the guarantee<\/b><\/h3>\n<p>ACARiS guarantees the reliable functioning of the <b>AI-based birth alarm<\/b> of the HORSE PROTECTOR 2.0 under the conditions described below.<\/p>\n<p>The guarantee relates <b>exclusively to alerts in connection with the birth of a foal<\/b>.<\/p>\n<h3><b>2. Period of validity of the guarantee<\/b><\/h3>\n<p>The guarantee only applies to births that take place within the following <b>promotional period of the foaling season<\/b>:<\/p>\n<ol>\n<li><b>February 2026 up to and including 30 June 2026<\/b><\/li>\n<\/ol>\n<p>Births outside this period are excluded from the guarantee.<\/p>\n<h3><b>3. Limitation to the first birth<\/b><\/h3>\n<p>The guarantee applies <b>exclusively to the first monitored birth per HORSE PROTECTOR 2.0 device<\/b>.<\/p>\n<p>After the first birth \u2013 regardless of whether a guarantee case has occurred \u2013 the guarantee claim expires automatically.<\/p>\n<h3><b>4. Conditions for claiming under the guarantee<\/b><\/h3>\n<p>A guarantee claim only exists if <b>all<\/b> of the following conditions are met:<\/p>\n<ul>\n<li>The HORSE PROTECTOR 2.0 was mounted <b>properly in accordance with the installation instructions<\/b>\n<ul>\n<li>correct mounting height<\/li>\n<li>clear view of the entire box<\/li>\n<li>no obstacles, backlight, reflective surfaces or covering elements<\/li>\n<\/ul>\n<\/li>\n<li>There is <b>only one horse in the monitored field of view<\/b><\/li>\n<li>The system was <b>active, ready for operation and connected to the internet before the birth began<\/b><\/li>\n<li>The ACARiS app was set up correctly and push notifications were enabled<\/li>\n<li><b>No changes were made to the system, the hardware or the settings<\/b> that could impair its function<\/li>\n<li>The system was used in accordance with the operating instructions and its intended purpose<\/li>\n<\/ul>\n<h3><b>5. Exclusions from the guarantee<\/b><\/h3>\n<p>The guarantee does <b>not<\/b> apply if:<\/p>\n<ul>\n<li>the installation was faulty or not carried out in accordance with the instructions<\/li>\n<li>there were technical faults outside ACARiS&#8217;s sphere of influence (e.g. power failure, internet or mobile network failure)<\/li>\n<li>the horse was not fully or permanently in the field of view<\/li>\n<li>several horses were in the field of view<\/li>\n<li>the system was manipulated, damaged or used improperly<\/li>\n<li>the birth had already begun before the system was active<\/li>\n<li>the alarm was triggered but was not noticed or was ignored by the user<\/li>\n<\/ul>\n<p>The guarantee expires automatically if:<\/p>\n<ul>\n<li><b>push notifications or messages from the ACARiS service team<\/b> indicating faulty installation or limited functionality are\n<ul>\n<li>ignored,<\/li>\n<li>deliberately not implemented<\/li>\n<li>or permanently disregarded.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p>In these cases, the installation is deemed <b>not proper<\/b>, as a result of which <b>all guarantee claims expire<\/b>, even if the HORSE PROTECTOR 2.0 was technically functional.<\/p>\n<h3><b>6. Scope of the guarantee<\/b><\/h3>\n<p>In the event of a justified guarantee case, ACARiS refunds the <b>purchase price paid for the HORSE PROTECTOR 2.0<\/b> in accordance with the conditions applicable at the time of purchase.<\/p>\n<p>Further claims \u2013 in particular for damages, loss of profit or consequential damage \u2013 are excluded.<\/p>\n<h3><b>7. Asserting the guarantee<\/b><\/h3>\n<p>The guarantee claim must be reported to ACARiS support <b>without delay after the birth<\/b>.<\/p>\n<p>ACARiS reserves the right to use system data, log files and video material to examine the guarantee case.<\/p>\n<h3><b>8. Important note<\/b><\/h3>\n<p>The HORSE PROTECTOR 2.0 serves to provide <b>support and additional safety<\/b> during birth monitoring. It does <b>not<\/b> replace personal checks or professional care by veterinarians or experienced stable staff.<\/p>\n<h3><b>Supplement to points 4 and 5 \u2013 duty to cooperate and service notices<\/b><\/h3>\n<h4><b>4a. Duty to cooperate with service and safety notices<\/b><\/h4>\n<p>A condition for the guarantee claim is that customers <b>actively observe and implement service and safety notices from the ACARiS service team<\/b>.<\/p>\n<p>In particular:<\/p>\n<ul>\n<li>if the ACARiS system or the service team detects a <b>faulty or critical installation<\/b> (e.g. wrong mounting height, restricted field of view, sources of interference in the image),<\/li>\n<li>and the customer is informed of this <b>by push notification, in-app message or e-mail<\/b>,<\/li>\n<li>the customer is obliged to <b>implement the recommended corrections promptly<\/b>.<\/li>\n<\/ul>\n<h3><b>Clarifying note<\/b><\/h3>\n<p>This provision serves the safety of horse and breeder. The birth alarm can only deliver its full performance if detected installation problems are remedied. ACARiS provides active support \u2013 implementation, however, is the user&#8217;s responsibility.<\/p>\n<p>Terms and Conditions as of October 2026<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u00a71 Scope, Definitions and Customers&#8217; Terms These General Terms and Conditions (hereinafter &#8220;Terms&#8221;) form part of all purchase contracts, licence contracts, agreements and offers concluded between us and the customer. They are deemed accepted at the latest when the customer places an order or accepts delivery. A consumer is any natural person who enters into [&hellip;]<\/p>\n","protected":false},"author":2056,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"class_list":["post-31359","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/eu.acaris.net\/en\/wp-json\/wp\/v2\/pages\/31359","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/eu.acaris.net\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/eu.acaris.net\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/eu.acaris.net\/en\/wp-json\/wp\/v2\/users\/2056"}],"replies":[{"embeddable":true,"href":"https:\/\/eu.acaris.net\/en\/wp-json\/wp\/v2\/comments?post=31359"}],"version-history":[{"count":4,"href":"https:\/\/eu.acaris.net\/en\/wp-json\/wp\/v2\/pages\/31359\/revisions"}],"predecessor-version":[{"id":44233,"href":"https:\/\/eu.acaris.net\/en\/wp-json\/wp\/v2\/pages\/31359\/revisions\/44233"}],"wp:attachment":[{"href":"https:\/\/eu.acaris.net\/en\/wp-json\/wp\/v2\/media?parent=31359"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}