Terms & Conditions

Table of Contents

• Article 1 – Definitions

• Article 2 – Identity of the Entrepreneur

• Article 3 – Applicability

• Article 4 – The Offer

• Article 5 – The Agreement

• Article 6 – Right of Withdrawal

• Article 7 – Costs in Case of Withdrawal

• Article 8 – Exclusion of the Right of Withdrawal

• Article 9 – The Price

• Article 10 – Conformity and Warranty

• Article 11 – Delivery and Performance

• Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal

• Article 13 – Payment

• Article 14 – Complaints Procedure

• Article 15 – Disputes

• Article 16 – Additional or Deviating Provisions

 

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period within which the consumer can exercise their right of withdrawal.

• Consumer: the natural person not acting in the course of a profession or business who enters into a distance contract with the entrepreneur.

• Day: calendar day.

• Continuing performance contract: a distance contract relating to a series of products and/or services, the supply and/or purchase obligations of which are spread over time.

• Durable medium: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.

• Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.

• Model withdrawal form: the model form for withdrawal provided by the entrepreneur which a consumer can complete if they wish to exercise their right of withdrawal.

• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

• Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.

• Means of distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur being together in the same place at the same time.

• General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Phone number: +31 (0)85-0607363
Email address: info@petspride.nl

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the contract is concluded, the text of these general terms and conditions can be provided to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer will be informed where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request.

4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision most favorable to them.

5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the remaining provisions of the contract and these terms and conditions shall remain in force, and the relevant provision shall be replaced in mutual consultation as soon as possible by a provision that approximates the intent of the original as closely as possible.

6. Situations not covered by these general terms and conditions must be assessed "in the spirit" of these terms and conditions.

7. Ambiguities regarding the interpretation or content of one or more provisions of these general terms and conditions must be interpreted "in the spirit" of these general terms and conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is made subject to conditions, this shall be explicitly stated in the offer.

2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

5. Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.

6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This particularly concerns:

   • the price including taxes;

   • any shipping costs;

   • the manner in which the contract will be concluded and what actions are required;

   • whether or not the right of withdrawal applies;

   • the method of payment, delivery, and performance of the contract;

   • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

   • the rate for distance communication if calculated on a different basis than the regular base rate of the communication method used;

   • whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer;

   • the way in which the consumer can check and, if desired, correct the information provided before concluding the contract;

   • the possible other languages in which the contract may be concluded in addition to Dutch;

   • the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these electronically; and

   • the minimum duration of the distance contract in case of a continuing performance contract.

Article 5 – The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.

2. If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

3. If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

4. The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If the entrepreneur has good reason, based on this investigation, not to enter into the contract, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

5. The entrepreneur shall send the consumer the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

   • the visiting address of the entrepreneur’s establishment where the consumer may lodge complaints;

   • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

   • information regarding guarantees and existing after-sales services;

   • the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these to the consumer prior to the performance of the contract;

   • the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

7. Every agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

1. When purchasing products, the consumer has the right to dissolve the contract without giving any reason within 14 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance and notified to the entrepreneur, has received the product.

2. During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to retain the product. If they exercise the right of withdrawal, they shall return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. Notification must be made using the model withdrawal form or another unambiguous means of communication (e.g., by email). After notification, the consumer must return the product within 14 days. The burden of proof that the goods were returned on time lies with the consumer, for example through proof of shipment.

4. If the consumer has not notified the entrepreneur of exercising the right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product, the purchase is a fact.
   

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, at most the cost of return shipping shall be borne by the consumer.

2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This requires that the product has already been received back by the entrepreneur, or that conclusive proof of complete return has been provided. Refunds shall be made using the same payment method as used by the consumer unless the consumer explicitly agrees otherwise.

3. If the product is damaged due to careless handling by the consumer, the consumer shall be liable for any depreciation of the product.

4. The consumer cannot be held liable for depreciation of the product if the entrepreneur did not provide all legally required information about the right of withdrawal before the contract was concluded.

5. If an order is refused at the door without prior written cancellation, this is considered a regular return. In that case, both the return costs and the original shipping costs for the buyer.

Article 8 – Exclusion of the Right of Withdrawal

1. The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3, provided this was clearly stated in the offer, at least before the contract was concluded.

2. Exclusion of the right of withdrawal is only possible for products:

   • made by the entrepreneur according to the consumer’s specifications;

   • clearly personal in nature;

   • which by their nature cannot be returned;

   • that can spoil or age quickly;

   • whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;

   • single issues of newspapers and magazines;

   • audio or video recordings and computer software whose seal has been broken by the consumer;

   • hygienic products whose seal has been broken by the consumer.

3. Exclusion of the right of withdrawal is only possible for services:

   • relating to accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;

   • which have begun with the consumer’s express consent before the cooling-off period has expired;

   • relating to betting and lotteries.

Article 9 – The Price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are guide prices will be mentioned in the offer.

3. Price increases within 3 months after conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

   • they are the result of statutory regulations or provisions; or

   • the consumer has the right to terminate the contract from the day the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.

6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the contract.

3. All products are subject to a 1-year warranty.

4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.

5. The warranty does not apply if:

   • the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

   • the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or in violation of the instructions of the entrepreneur and/or packaging (e.g., using another adapter/cable than supplied);

   • the defect is wholly or partly the result of regulations set or to be set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

1. The entrepreneur will take the greatest possible care in receiving and executing product orders and in assessing requests for the provision of services.

2. The place of delivery is the address that the consumer has made known to the entrepreneur.

3. Subject to what is stated in paragraph 4 of this article, the entrepreneur shall execute accepted orders promptly but no later than 30 days, unless the consumer has agreed to a longer delivery period.

4. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to compensation.

5. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.

6. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

7. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement article available. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the entrepreneur.

8. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal

Termination

1. The consumer may terminate a contract concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

2. The consumer may terminate a fixed-term contract that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

3. The consumer may:

   • terminate the contracts mentioned in the previous paragraphs at any time and not be restricted to termination at a specific time or during a specific period;

   • terminate them at least in the same manner as they were entered into;

   • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

1. A fixed-term contract that extends to the regular delivery of products or services may not be tacitly renewed or extended for a fixed period.
2. Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this renewed contract at the end of the renewal with a notice period of no more than one month.
3. A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months in the case the contract extends to the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.
4. A fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.

2. The consumer has the duty to promptly report inaccuracies in payment details provided or stated to the entrepreneur.

3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

 

Article 14 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
   
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
   
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed reply.
   
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
   
6. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
   
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their choice, replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
   
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer’s detriment and must be laid down in writing, or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.