General Terms and Conditions

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 all
about reflection period
2. Consumer: the natural person who does not act in the exercise of a profession or business and who
enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Long-term transaction: a distance contract concerning a series of products and/or services,
for which the delivery and/or acceptance obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to
addressed personally to him, stored in a way that allows future consultation and unchanged reproduction
makes possible the storage of the information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the agreement within the reflection period
distance contract;
7. Model form: the model form for withdrawal provided by the entrepreneur that a
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 contract: an agreement concluded within the framework of an offer by the entrepreneur
organized system for distance selling of products and/or services, up to and including the conclusion of the
agreement exclusively using one or more techniques for distance communication;
10. Technique for distance communication: means that can be used to conclude an
contract, 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 concluded.
concluded distance contract and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions is provided to the
made available to the consumer. If this is not reasonably possible, before the distance contract
is concluded, it is indicated that the general terms and conditions can be viewed at the entrepreneur and are available to the consumer upon request.
to be sent to the consumer free of charge as soon as possible.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before
the distance contract is concluded, the text of these general terms and conditions electronically
made available to the consumer in such a way that the consumer can
can be stored in a simple way on a durable data carrier. If this is not reasonably
possible, before the distance contract is concluded, it will be indicated where the general
terms and conditions can be accessed electronically and that they will be sent to the consumer upon request by
will be sent free of charge electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions,
application, the second and third paragraphs apply accordingly and the consumer can in case
of conflicting general terms and conditions will always invoke the applicable provision that is most
is favorable.
If one or more provisions in these general terms and conditions are at any time wholly or partially
be null and void or annulled, the agreement and these terms and conditions will remain in effect otherwise and will
the relevant provision must be replaced immediately by mutual agreement with a provision that reflects the intent of
approximating the original as much 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 and conditions 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 made under conditions, this will be explicitly
mentioned in the offer.
The offer is without obligation. 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 the consumer to make a good assessment of the offer.
make. If the entrepreneur uses images, these are a true representation of the
offered products and/or services. Obvious mistakes or obvious errors in the offer bind the
entrepreneur not.
All images, specifications, and data in the offer are indicative and cannot give rise to
compensation or termination of the agreement.
Images of products are a true representation of the offered products. Entrepreneur
cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are,
connected to the acceptance of the offer. This concerns in particular:
– The price including taxes;
any shipping costs;
– The way the agreement will be concluded and which actions are necessary for that;
whether the right of withdrawal applies or not;
– The method of payment, delivery, and execution of the agreement;
– The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price
guarantees;
– The amount of the rate for communication at a distance if the costs of using the technology for
communication at a distance may be charged on a different basis than the regular basic rate for
used communication method;
– Whether the agreement will be archived after conclusion, and if so, on which it is accessible to the consumer;
is available;
– The way in which the consumer, before concluding the agreement, can consult the data he provided in the context of the
can check and, if desired, correct the data provided in the agreement;
– The possible other languages in which, besides Dutch, the agreement can be concluded;
– The codes of conduct to which the entrepreneur has submitted and how the consumer can
codes of conduct can be consulted electronically; and
– The minimum duration of the distance agreement in case of a long-term transaction.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance
by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm
electronically the receipt of acceptance of the offer. As long as the agreement is of this
If acceptance is 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 a
secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate
take security measures into account.
The entrepreneur can – within legal frameworks – verify whether the consumer meets his
payment obligations, 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, can meet good
If there are grounds not to enter into the agreement, he is entitled to reasonably refuse 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 address 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 after-sales service;
the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to
the consumer has provided before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year.
year or of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability
of the respective products.

Article 6 – Right of Withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to cancel the agreement without giving reasons within
reasons to cancel within 14 days. This reflection period starts the day after receipt of the product.
by the consumer or a representative 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
product only unpack or use to the extent necessary to assess whether they wish to keep the product.
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
return, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to do so within 14 days,
after receipt of the product, notify the entrepreneur. The consumer must notify
by means of the model form or by another communication method such as email. After the
consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product
to return within 14 days. The consumer must prove that the delivered items were returned on time.
returned, for example by means of proof of shipment.
If the customer has not indicated after the periods mentioned in paragraphs 2 and 3 that they wish to use
exercising their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a
fact.

When delivering services:

When delivering services, the consumer has the option to terminate the contract without giving reasons
terminate within at least 14 days, starting on the day the contract is entered into.
To exercise their right of withdrawal, the consumer must follow the instructions provided by the entrepreneur
the offer and/or reasonable and clear instructions provided at the latest upon delivery.

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
refund within 14 days of withdrawal at the latest. 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.
Refund will be made via the same payment method used by the consumer unless the consumer
explicitly gives permission for another 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
the entrepreneur has not provided all legally required information about the right of withdrawal, this must be
occur before concluding 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 clearly states this in the offer,
at least in time before concluding the contract, has stated.
Exclusion of the right of withdrawal is only possible for products:
that have been made by the entrepreneur according to the consumer's specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or become outdated quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence
has;
for loose newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygienic products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or
during a specific period;
whose delivery has started with the explicit consent of the consumer before the reflection period has
expired;
concerning bets and lotteries.

Article 9 – The price

During the validity period stated in the offer, the prices of the offered products and/or
services not increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are tied to
fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices
offer. This binding to fluctuations and the fact that any stated prices are indicative prices,
are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if
they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the
entrepreneur has stipulated this and:
these are the result of statutory regulations or provisions; or
the consumer has the right to terminate the agreement as of the day on which the
price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

All prices are subject to printing and typesetting errors. The entrepreneur accepts no liability 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 at the
to deliver at an incorrect price.

Article 10 – Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the provisions in
specifications stated in the offer, the reasonable requirements of durability and/or usability, and the date
existing statutory provisions and/or government regulations at the time the agreement was concluded.
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 make 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 after discovery of 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 had them repaired by third parties
repair and/or modify;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly
treated or contrary to the entrepreneur’s instructions and/or treated on the packaging;
the defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government.
statements regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will exercise the greatest care when receiving and
execution of product orders and in assessing requests for the provision of services.
The place of delivery is the address the consumer has made known to the company.
Subject to the provisions in paragraph 4 of this article, the company will accept
execute orders with due speed but no later than 30 days, unless the consumer has agreed
with a longer delivery time. If delivery is delayed, or if an order is not or only
can only be partially executed, the consumer will be informed no later than 30 days after placing the
placed an order. In that case, the consumer has the right to terminate the agreement without costs.
to terminate. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any mentioned terms.
borrow. Exceeding a term does not entitle the consumer to compensation.
In case of termination according to paragraph 3 of this article, the entrepreneur will refund the amount the consumer
paid as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a
to provide a replacement item. At the latest upon delivery, clear and understandable information will be provided
notified that a replacement item will be delivered. The right of withdrawal does not apply to replacement items
are excluded. The costs of any return shipment are borne by 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 entrepreneur-notified representative.
representative, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination, and extension

Termination

The consumer can terminate an open-ended agreement that aims to regulate
the delivery of products (including electricity) or services at any time, subject to
agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate a fixed-term agreement that aims to regulate
delivery of products (including electricity) or services, at any time at the end of the
terminate fixed term agreements in accordance with agreed termination rules and a notice period
of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or within a specific
period;
at least terminate in the same manner as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement entered into for a fixed term and aimed at the regular delivery of products
(including electricity) or services, may not be tacitly extended or renewed for a
fixed term.
Contrary to the previous paragraph, an agreement entered into for a fixed term and aimed at the
regular delivery of daily, news, and weekly magazines is tacitly extended for a
fixed term of maximum three months, if the consumer terminates this extended agreement towards the end of
may terminate the extension with a notice period of no more than one month.
An agreement entered into for a fixed term and aimed at the regular delivery of products
or services, may only be tacitly extended for an indefinite period if the consumer may
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 magazines.
An agreement with a limited duration for the regular introductory delivery of daily, news, and
weekly and monthly magazines (trial or introductory subscription) is not tacitly continued and ends
automatically after 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
terminate at any time with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.
resist termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be
paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In case of a
agreement for the provision of a service, this period starts after the consumer has received the confirmation of the
has received the agreement.
The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the
to report the entrepreneur.
In case of consumer default, the entrepreneur has the right, subject to legal restrictions,
to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint
in accordance with this complaints procedure.
Complaints about the execution of the agreement must be fully and clearly described within 2 months
be submitted to the entrepreneur after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of
receipt answered. If a complaint requires a foreseeable longer processing time, the
entrepreneur has responded 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 by mutual agreement, a dispute arises that is subject to
dispute resolution.
In case of complaints, a consumer should first contact the entrepreneur. If the webshop is
affiliated with WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the
the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if
this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If there still is
if no solution is reached, the consumer has the option to have his complaint handled
by the independent dispute committee appointed by WebwinkelKeur, the decision of which is binding and
both entrepreneur and consumer agree to this binding decision. Submitting a dispute
costs are associated with this dispute committee which 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 states otherwise in writing.
indicates.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at her 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 applies. 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 way on a sustainable data carrier.