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 execution
Article 12 – Duration transactions: duration, termination, and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 1 – Definitions
In these terms, the following definitions apply:
1. Reflection Period: the period within which the consumer can exercise his right of withdrawal; Read everything
about the reflection period
2. Consumer: the natural person who does not act in the exercise of a profession or business and a
enters into a distance agreement with the entrepreneur;
3. Day: calendar day;
4. Durable Transaction: a distance agreement concerning a series of products and/or services,
whose delivery and/or acceptance obligation is spread over time;
5. Durable Data Carrier: any means that enables the consumer or entrepreneur to store information that is
addressed to him personally, to be stored in a way that allows for future consultation and unchanged reproduction
of the stored information allows.
6. Right of Withdrawal: the possibility for the consumer to withdraw from the
distance agreement;
7. Model Form: the model form for withdrawal that the entrepreneur provides for a
the consumer can fill in when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers
offers;
9. Distance Agreement: an agreement in which, in the context of an offer made by the entrepreneur
organized system for distance selling of products and/or services, up to and including the conclusion of the
agreement is exclusively made using one or more techniques for distance communication;
10. Technique for distance communication: means that can be used for concluding a
agreement, without the consumer and entrepreneur being present in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Fish4Dogs
Saffierborch 16
5241LN Rosmalen
Netherlands
Phone number: (003) 107-3521
Email address: info@fish4dogs.nl
Chamber of Commerce: 17272910
VAT number: NL821755936B01
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every agreement made
concluded distance agreement and orders between the entrepreneur and the consumer. - Before the distance agreement is concluded, the text of these general terms and conditions will be provided to the
made available to the consumer. If this is not reasonably possible, before the distance agreement
is closed, it is indicated that the general terms and conditions can be viewed at the entrepreneur and they are available upon request
will be sent to the consumer as soon as possible free of charge. - If the distance agreement is concluded electronically, it may deviate from the previous paragraph and before
the distance agreement is concluded, the text of these general terms and conditions will be provided electronically
made available to the consumer in such a way that it can be accessed by the consumer on a
can be stored in a durable data carrier in a simple manner. If this is not reasonably
possible, it will be indicated before the distance agreement is concluded where the general
terms can be accessed electronically and that they will be sent to the consumer upon request via
will be sent electronically or otherwise free of charge. - In the event that, in addition to these general terms and conditions, specific product or service conditions
apply, the second and third paragraphs apply accordingly, and the consumer can rely on in case
of conflicting general terms and conditions, always rely on the applicable provision that is most favorable to him.
favorable. - If one or more provisions in these general terms and conditions are at any time wholly or partially
be null and void, the agreement and these terms will remain in effect for the rest and will
the relevant provision must be replaced immediately by mutual agreement with a provision that reflects the intent of
the original as closely as possible. - Situations not covered by these general terms and conditions must be assessed 'in the spirit'
of these general terms and conditions. - Uncertainties about the interpretation or content of one or more provisions of our terms must
to be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The offer
- If an offer has a limited validity period or is subject to conditions, this will be explicitly
mentioned in the offer. - The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the offered products and/or services. The
description is sufficiently detailed to allow a good assessment of the offer by the consumer.
make. If the entrepreneur uses images, these are a true representation of the
offered products and/or services. Obvious mistakes or errors in the offer do not bind the
entrepreneur not. - All images, specifications, and data in the offer are indicative and cannot be a reason for
compensation or dissolution of the agreement. - Images of products are a true representation of the offered products. Entrepreneur
cannot guarantee that the displayed colors exactly match the actual colors of the products. - Each offer contains such information that it is clear to the consumer what the rights and obligations are,
that are connected to the acceptance of the offer. This particularly concerns:
– The price including taxes;
the possible shipping costs;
– The manner in which the agreement will be concluded and what actions are necessary for that;
the applicability of the right of withdrawal;
– The method of payment, delivery, and execution of the agreement;
– The period for acceptance of the offer, or the period within which the entrepreneur must
guarantees;
– The amount of the rate for communication at a distance if the costs of using the technology for
communication at a distance will be calculated on a different basis than the regular basic rate for the
used communication medium;
– Whether the agreement is archived after its conclusion, and if so, how this is made available to the consumer;
consult is;
– The way in which the consumer, before concluding the agreement, the information he provided in the context of the
agreement provided data can be checked and if desired corrected;
– The possible other languages in which, besides Dutch, the agreement can be concluded;
– The codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can
codes of conduct can be consulted electronically; and
– The minimum duration of the distance agreement in the case of a long-term transaction.
Article 5 – The agreement
- The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance
by the consumer of the offer and the fulfillment of the conditions set therein. - If the consumer has accepted the offer electronically, the entrepreneur confirms without delay
electronically the receipt of the acceptance of the offer. As long as the agreement of this
acceptance not confirmed by the entrepreneur, the consumer can dissolve the agreement. - If the agreement is concluded electronically, the entrepreneur takes appropriate technical and
organizational measures to secure the electronic transfer of data and ensures he has a
safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate
safety measures in mind. - The entrepreneur can – within legal frameworks – inform himself whether the consumer meets his
payment obligations can be met, as well as all those facts and factors that are important for a
responsibly enter into the distance agreement. If the entrepreneur based on this investigation has good
has grounds not to enter into the agreement, he is entitled to motivated cancel an order or request to
refuse or attach special conditions to the execution. - The entrepreneur will provide the consumer with the following information, in writing or on
in such a way that it can be stored by the consumer in an accessible manner on a
durable data carrier, to be sent along:
the visiting address of the entrepreneur's establishment where the consumer can go for complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal,
or a clear notice regarding the exclusion of the right of withdrawal;
the information about guarantees and existing service after purchase;
the information included in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to
the consumer has provided prior to the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one
year or of indefinite duration is. - In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
- Every agreement is entered into under the suspensive conditions of sufficient availability
of the relevant products.
Article 6 – Right of Withdrawal
Upon delivery of products:
- When purchasing products, the consumer has the option to terminate the agreement without stating
to dissolve for any reason within 14 days. This reflection period starts the day after receipt of the product
by the consumer or a person designated in advance by the consumer and known to the entrepreneur
representative. - During the reflection period, the consumer will handle the product and packaging with care. They will
the product only to the extent necessary to assess whether they wish to keep it.
wishes to keep the product. If they exercise their right of withdrawal, they will return the product with all
delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur
returning, in accordance with the reasonable and clear instructions provided by the entrepreneur. - When the consumer wishes to exercise their right of withdrawal, they are obliged to do so within 14 days,
receipt of the product, to inform the entrepreneur. The consumer must make this known
do so using the model form or by means of another communication method such as email. After the
the consumer has indicated that they wish to exercise their right of withdrawal, the customer must
to return within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner.
returned, for example by means of proof of shipment. - If the customer has not indicated after the periods mentioned in sections 2 and 3 that they wish to make use of
exercising his right of withdrawal respectively. If the product has not been returned to the entrepreneur, the purchase is a
fact.
Upon delivery of services:
- Upon delivery of services, the consumer has the option to terminate the agreement without giving reasons
dissolving for at least 14 days, starting from the day of entering into the agreement. - To exercise his right of withdrawal, the consumer will refer to the instructions provided by the entrepreneur at
the offer and/or at the latest upon delivery provided reasonable and clear instructions.
Article 7 – Costs in case of withdrawal
- The consumer bears the direct costs of returning the product.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but
no later than 14 days after withdrawal, refund. However, the condition is that the product has already been returned
has been received by the online retailer or conclusive proof of complete return can be provided.
Refunds will be made via the same payment method used by the consumer unless the consumer
explicitly gives consent for a different payment method. - In case of damage to the product due to careless handling by the consumer, the consumer is
liable for any depreciation of the product. - The consumer cannot be held liable for depreciation of the product when due to
the entrepreneur has not provided all legally required information about the right of withdrawal, this must be
occur before the conclusion of the purchase agreement.
Article 8 – Exclusion of the right of withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2
and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer,
at least in time before the conclusion of the agreement, has been stated. - Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur according to the specifications of the consumer;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or age quickly;
whose price is linked to fluctuations in the financial market that the entrepreneur cannot influence
has;
for single newspapers and magazines;
for audio and video recordings and computer software for which the consumer has broken the seal;
for hygienic products for which the consumer has broken the seal. - Exclusion of the right of withdrawal is only possible for services:
to be carried out regarding accommodation, transport, restaurant services, or leisure activities on a certain date or
during a certain period;
for which delivery has begun with the express consent of the consumer before the reflection period has
elapsed;
related bets and lotteries.
Article 9 – The price
- During the validity period mentioned in the offer, the prices of the offered products and/or
services may not be increased, except for price changes due to changes in VAT rates. - Notwithstanding the previous paragraph, the entrepreneur may increase prices of products or services that are tied to
fluctuations in the financial market and where the entrepreneur has no influence, with variable prices
to offer. This binding nature to fluctuations and the fact that any mentioned prices are indicative prices,
are mentioned in the offer. - Price increases within 3 months after the conclusion of the agreement are only permitted if
they are the result of legal regulations or provisions. - Price increases from 3 months after the conclusion of the agreement are only permitted if the
the entrepreneur has stipulated this and:
these are the result of legal regulations or provisions; or
the consumer has the authority to terminate the agreement starting from the day on which the
price increase takes effect. - The prices mentioned in the offer of products or services are including VAT.
All prices are subject to printing and typesetting errors. The entrepreneur is not liable for the consequences of printing and typesetting errors
accepts no liability. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the
to deliver an incorrect price.
Article 10 – Conformity and warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the in the
specifications mentioned in the offer, to the reasonable requirements of soundness and/or usability and those on the date
the legal provisions and/or government regulations existing at the time of the conclusion of the agreement.
If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than
normal use. - A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and
claims that the consumer can assert against the entrepreneur based on the agreement. - All products are subject to the statutory warranty. The duration of the statutory warranty may vary
based on the nature of the product. - Any defects or incorrectly delivered products must be reported within 2 months of discovering the defect
to be reported to the entrepreneur in writing. - The warranty does not apply if:
the consumer has repaired and/or modified the delivered products themselves or has had them repaired by third parties
repairing and/or modifying;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly
be treated or in violation of the instructions of the entrepreneur and/or be treated on the packaging;
the defect is wholly or partially the result of regulations set by the government or will
statements regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
- The entrepreneur will exercise the utmost care in receiving and in the
execution of orders for products and in the assessment of requests for the extension of services. - The place of delivery is the address that the consumer has communicated to the company.
- Taking into account what is mentioned in paragraph 4 of this article, the company will accept
will execute orders with due speed but no later than within 30 days, unless the consumer has agreed
with a longer delivery time. If delivery is delayed, or if an order is not or
can only be partially executed, the consumer will be informed of this no later than 30 days after he has
notified that an order has been placed. In that case, the consumer has the right to terminate the agreement at no cost
to terminate. The consumer is not entitled to compensation. - All delivery times are indicative. The consumer cannot derive any rights from any mentioned deadlines.
borrowed. Exceeding a deadline does not entitle the consumer to compensation. - In the event of cancellation in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer
refund the amount paid as soon as possible, but no later than 14 days after cancellation. - If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to
provide a replacement item. No later than at the time of delivery, this will be communicated in a clear and understandable manner.
notified that a replacement item will be delivered. For replacement items, the right of withdrawal cannot
will be excluded. The costs of any return shipment are the responsibility of the entrepreneur. - The risk of damage and/or loss of products rests with the entrepreneur until the moment of
delivery to the consumer or a previously designated and communicated to the entrepreneur
representative, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination, and extension
Termination
- The consumer can terminate an agreement that has been entered into for an indefinite period and which relates to the regulated
delivery of products (including electricity) or services, at any time with due observance of
termination rules agreed upon and a notice period of no more than one month. - The consumer can terminate an agreement that has been entered into for a fixed period and which relates to the regulated
delivery of products (including electricity) or services, at any time at the end of the
fixed term with observance of the agreed termination rules and a notice period
of no more than one month. - The consumer may terminate the agreements mentioned in the previous paragraphs:
may be terminated at any time and not be limited to termination at a specific time or in a specific
period;
at least terminate in the same manner as they were entered into by him;
may always be terminated with the same notice period as the entrepreneur has stipulated for himself.
Extension
- An agreement that is entered into for a fixed term and that is for the regular delivery of products
(including electricity) or services may not be tacitly extended or renewed for a
fixed term. - Notwithstanding the previous paragraph, an agreement that is entered into for a fixed term and that is for the
regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a
fixed term of a maximum of three months, if the consumer terminates this extended agreement at the end of
the extension can be terminated with a notice period of no more than one month. - An agreement that is entered into for a fixed term and that is for the regular delivery of products
or services may only be extended tacitly for an indefinite period if the consumer may terminate at any time
terminate with a notice period of no more than one month and a notice period of no more than three months
in case the agreement is for the regular, but less than once a month, delivery of daily,
news and weekly newspapers and magazines. - An agreement with a limited duration for the regular delivery of daily, news, and
weekly newspapers and magazines (trial or introductory subscription) will not be continued tacitly and will end
automatically at the end of the trial or introductory period.
Duration
- If an agreement has a duration of more than one year, the consumer may terminate the agreement after one year
can be terminated at any time with a notice period of no more than one month, unless reasonableness and fairness
to terminate before the end of the agreed duration.
Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be
fulfilled within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of a
agreement for the provision of a service, this period begins after the consumer has received the confirmation of the
agreement has been received. - The consumer has the obligation to promptly report inaccuracies in provided or stated payment details to the
to report the entrepreneur. - In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions,
to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint
in accordance with this complaints procedure. - Complaints regarding the execution of the agreement must be fully and clearly described within 2 months
are submitted to the entrepreneur after the consumer has identified the defects. - Complaints submitted to the entrepreneur are to be responded to within a period of 14 days from the date of
receipt is answered. If a complaint requires a foreseeably longer processing time, the
entrepreneur must respond within 14 days with an acknowledgment of receipt and an indication of when
the consumer can expect a more detailed response. - If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the
dispute resolution. - In case of complaints, a consumer should first turn to the entrepreneur. If the web store is
affiliated with WebwinkelKeur and for complaints that cannot be resolved through mutual consultation, the
the consumer should turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check if
this web store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If there is still
if no solution is reached, the consumer has the option to have their complaint handled
by the independent disputes committee appointed by WebwinkelKeur, its ruling is binding and
both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute
there are costs associated with this disputes committee that must be paid by the consumer to the
relevant commission. It is also possible to submit complaints via the European ODR platform
(http://ec.europa.eu/odr). - A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur has stated otherwise in writing.
indicates. - If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either
replace or repair delivered products free of charge.
Article 15 – Disputes
- To agreements between the entrepreneur and the consumer to which these general terms and conditions apply
apply, only Dutch law is applicable. Even if the consumer resides abroad. - The Vienna Sales Convention does not apply.
Article 16 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the
be a consumer and must be recorded in writing or in such a way that it can be accessed by the consumer
can be stored in an accessible manner on a durable data carrier.