General Terms and 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 the event 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 - Continuous transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions

 

Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions apply:
1. Cooling-off period: the period during which the consumer may exercise their right of withdrawal; Read all
cooling-off period
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who
enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Continuing contract: a distance contract relating to a series of products and/or services,
whose delivery and/or purchase obligation is spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them
addressed personally to them, in a manner that allows future consultation and unchanged reproduction
makes it possible to access the stored information.
6. Right of withdrawal: the consumer's option to withdraw from a
distance contract;
7. Model withdrawal form: the model withdrawal form made available by the entrepreneur that
the consumer can complete if they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance
offers;
9. Distance contract: a contract concluded within the framework of an organized system operated by the entrepreneur
organized system for the distance sale of products and/or services, up to and including the conclusion of the
contract exclusively using one or more means of communication at a distance;
10. Means of communication at a distance: a means that can be used to conclude a
contract, without the consumer and entrepreneur being together in the same space at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

Fish4Dogs
Saffierborch 16
5241LN Rosmalen
The Netherlands

Telephone number: (003) 107-3521
Email address: info@fish4dogs.nl

Chamber of Commerce: 17272910
VAT number: NL821755936B01


Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance
    distance contracts and orders concluded between the entrepreneur and the consumer.
  2. Before the distance contract 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
    is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and, upon request,
    be sent to the consumer free of charge as soon as possible.
  3. If the distance agreement is concluded electronically, in deviation from the previous paragraph and before
    the distance agreement is concluded, the text of these general terms and conditions will be made available electronically
    be made available to the consumer in such a way that the consumer can, on a
    can be stored in a simple manner on a durable data carrier. If this is reasonably
    is possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions
    the terms and conditions can be accessed electronically and that, at the consumer's request, they will be sent electronically
    will be sent free of charge by electronic means or otherwise.
  4. In the event that, in addition to these general terms and conditions, specific product or service terms
    apply, the second and third paragraphs shall apply accordingly, and in the event that the consumer
    in the event of conflicting general terms and conditions, always invoke the applicable provision that is most favorable to him.
    is favorable.
  5. If one or more provisions of these general terms and conditions are, at any time, wholly or partially
    shall be null and void or annulled, the agreement and these terms and conditions shall otherwise remain in force and
    the relevant provision shall be replaced without delay by mutual agreement by a provision that approximates the purpose 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 general terms and conditions.
  7. Any ambiguities regarding the interpretation or content of one or more provisions of our 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 subject to conditions, this will be expressly
    stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to change and amend the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The
    description is sufficiently detailed to enable the consumer to properly assess the offer
    make. If the entrepreneur uses images, these are a true representation of the
    products and/or services offered. Obvious mistakes or errors in the offer do not bind the
    the entrepreneur is not.
  4. All images, specifications and data in the offer are indicative and cannot give rise to
    compensation or dissolution of the agreement.
  5. Images of products are a true representation of the products offered. The entrepreneur
    cannot guarantee that the displayed colors exactly match the actual colors of the products.
  6. Every offer contains such information that it is clear to the consumer what the rights and obligations are,
    associated with acceptance of the offer. This concerns in particular:
    - The price including taxes;
    any delivery costs;
    - The manner in which the agreement will be concluded and which actions are required for this;
    whether or not the right of withdrawal applies;
    - The method of payment, delivery and performance of the agreement;
    - The period for acceptance of the offer, or the period within which the trader guarantees the price
    guarantees;
    - The amount charged for distance communication if the costs of using the technology for
    - Whether the costs of distance communication are calculated on a basis other than the regular basic rate for the
    communication medium used;
    - Whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;
    can be consulted;
    - The manner in which the consumer, before concluding the agreement, can review the information provided by them as part of the
    can check the information provided with the agreement and, if desired, correct it;
    - Any other languages in which, in addition to Dutch, the agreement may be concluded;
    - The codes of conduct to which the trader has submitted and how the consumer can
    can consult codes of conduct electronically; and
    - The minimum duration of the distance agreement in the case of a continuous transaction.

Article 5 - The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance
    by the consumer of the offer and compliance with the conditions set therein.
  2. If the consumer has accepted the offer electronically, the trader shall promptly confirm
    electronically acknowledge receipt of the acceptance of the offer. As long as the agreement arising from this
    if acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the trader shall take appropriate technical
    organizational measures to secure the electronic transfer of data and will provide
    secure web environment. If the consumer can pay electronically, the trader will take appropriate
    observe the security measures.
  4. The trader may - within statutory limits - ascertain whether the consumer can meet his
    can meet their payment obligations, as well as all facts and factors that are relevant to a
    enter into the agreement responsibly. If, based on this investigation, the trader has good
    grounds not to enter into the agreement, he is entitled, giving reasons, to reject an order or request
    refuse or attach special conditions to performance.
  5. The trader must provide the consumer with the following information, in writing or on
    in such a way that the consumer can store it accessibly on a
    send on a durable medium:
    the visiting address of the trader's establishment where the consumer can submit complaints;
    the conditions under which and the manner in which the consumer may exercise the right of withdrawal,
    or a clear statement that the right of withdrawal is excluded;
    information about guarantees and existing after-sales service;
    the information referred to in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to
    the consumer provided before the agreement was performed;
    the requirements for terminating the agreement if the agreement has a duration of more than one
    is for 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 condition precedent of sufficient availability
    of the products concerned.

Article 6 - Right of withdrawal

For delivery of products:

  1. When purchasing products, the consumer has the option to terminate the agreement without stating
    to terminate the agreement without giving reasons within 14 days. This cooling-off period begins on the day after receipt of the product
    by the consumer or a representative designated in advance by the consumer and made known to the trader
    representative.
  2. During the cooling-off period, the consumer must handle the product and packaging with care. They must
    only unpack or use the product 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 must return the product with all
    return to the trader with all supplied accessories and - where reasonably possible - in the original condition and packaging
    return it, in accordance with the reasonable and clear instructions provided by the trader.
  3. If the consumer wishes to exercise their right of withdrawal, they must do so within 14 days,
    notify the trader after receiving the product. The consumer must make the notification
    do so using the model withdrawal form or by another means of communication, such as by email. After the
    the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product
    return it within 14 days. The consumer must prove that the goods supplied were returned on time
    returned, for example by means of proof of shipment.
  4. If the customer has not indicated after the expiry of the periods referred to in paragraphs 2 and 3 that they wish to
    exercise the right of withdrawal or has not returned the product to the trader, the purchase is a
    fact.

When services are supplied:

  1. When services are supplied, the consumer has the option to terminate the agreement without giving reasons
    terminate the agreement for at least 14 days, starting on the day the agreement is concluded.
  2. To exercise the right of withdrawal, the consumer must follow the instructions provided by the trader in
    the offer and/or the reasonable and clear instructions provided at the latest upon delivery.

 

Article 7 – Costs in the event of withdrawal

  1. The consumer bears the direct costs of returning the product.
  2. If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but
    no later than 14 days after withdrawal. This is subject to the condition that the product has already been returned
    has been received by the online retailer or conclusive proof of complete return can be provided.
    The refund will be made using the same payment method used by the consumer unless the consumer
    expressly agrees to another payment method.
  3. If the product is damaged due to careless handling by the consumer, the consumer is
    liable for any decrease in the product's value.
  4. The consumer cannot be held liable for any decrease in the product's value when, due to
    if the trader has not provided all legally required information about the right of withdrawal, this must
    take place before concluding the sales agreement.

 

Article 8 – Exclusion of the right of withdrawal

  1. The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2
    and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer,
    or at least in good time before concluding the agreement, has stated.
  2. Exclusion of the right of withdrawal is only possible for products:
    that have been made by the trader in accordance with the consumer's specifications;
    that are clearly personal in nature;
    that cannot be returned by their nature;
    that can deteriorate or age quickly;
    whose price is subject to fluctuations in the financial market over which the trader has no influence
    has;
    for individual newspapers and magazines;
    for audio and video recordings and computer software whose seal has been broken by the consumer;
    for hygiene products whose seal has been broken by the consumer.
  3. Exclusion of the right of withdrawal is only possible for services:
    concerning accommodation, transport, restaurant services or leisure activities on a specified date or
    during a specified period;
    whose delivery began with the consumer's express consent before the cooling-off period had
    has expired;
    relating to bets and lotteries.

 

Article 9 – The price

  1. During the validity period stated in the offer, the prices of the products and/or services offered
    services may not be increased, except for price changes resulting from changes in VAT rates.
  2. By way of derogation from the previous paragraph, the business may offer products or services whose prices are linked to
    fluctuations on the financial market over which the business has no control, with variable prices
    offer. This binding nature in relation to fluctuations and the fact that any prices stated are indicative prices,
    are stated in the offer.
  3. Price increases within 3 months after the agreement is concluded are only permitted if
    they result from statutory regulations or provisions.
  4. Price increases from 3 months after the agreement is concluded are only permitted if the
    the business has stipulated this and:
    they result from statutory regulations or provisions; or
    the consumer has the right to terminate the agreement as of the day on which the
    the price increase takes effect.
  5. The prices stated in the offer for products or services include VAT.

All prices are subject to printing and typesetting errors. The business accepts no liability for the consequences of printing and typesetting errors.
accepts no liability. In the event of printing and typesetting errors, the business is not obliged to deliver the product at the
to deliver at the incorrect price.

 

Article 10 – Conformity and warranty

  1. The business guarantees that the products and/or services comply with the agreement, the specifications stated in the
    specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions existing on the date
    the statutory provisions and/or government regulations applicable on the date
    Where agreed, the business also guarantees that the product is suitable for use other than
    normal use.
  2. A warranty provided by the business, manufacturer or importer does not affect the statutory rights and
    claims that the consumer may assert against the business under the agreement.
  3. The statutory warranty applies to all products. The duration of the statutory warranty may vary
    depending on the nature of the product.
  4. Any defects or incorrectly delivered products must be reported within 2 months of discovering the defect
    must be reported to the business in writing.
  5. The warranty does not apply if:
    the consumer has repaired and/or modified the delivered products themselves or had them repaired or modified by third parties
    repair and/or modify;
    the products delivered have been exposed to abnormal conditions or have otherwise been handled carelessly
    treated or contrary to the business's instructions and/or treated as stated on the packaging;
    the defectiveness is wholly or partly the result of regulations that the government has issued or will issue
    make requirements regarding the nature or quality of the materials used.

 

Article 11 - Delivery and performance

  1. The business shall exercise the utmost care when receiving and when
    execution of orders for products and when assessing applications for the provision of services.
  2. The delivery address shall be the address that the consumer has provided to the company.
  3. Subject to the provisions of paragraph 4 of this article, the company shall carry out accepted
    execute orders promptly but no later than within 30 days, unless the consumer has agreed
    with a longer delivery period. If delivery is delayed, or if an order is not or
    can only be performed partially, the consumer shall be notified no later than 30 days after he
    notified that the order has been placed. In that case, the consumer has the right to terminate the agreement free of charge
    to dissolve the agreement. The consumer is not entitled to compensation.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any periods mentioned.
    derive from it. Exceeding a deadline does not entitle the consumer to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the business shall refund the amount that the consumer
    refund the amount paid as soon as possible, and no later than within 14 days after dissolution.
  6. If delivery of an ordered product proves impossible, the business shall endeavor to
    make a replacement item available. No later than upon delivery, this shall be stated in a clear and comprehensible manner.
    notified that a replacement item will be supplied. The right of withdrawal cannot be
    be excluded. The costs of any return shipment shall be borne by the business.
  7. The risk of damage to and/or loss of products lies with the business until the moment of
    delivery to the consumer or a previously designated representative made known to the business.
    representative, unless expressly agreed otherwise.

 

Article 12 - Continuous transactions: duration, termination and renewal

Termination

  1. The consumer may terminate an agreement entered into for an indefinite period and intended for the regular
    delivery of products (including electricity) or services at any time, subject to
    in accordance with the agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement entered into for a fixed period and intended for the regular
    delivery of products (including electricity) or services, at any time at the end of the
    terminate a fixed term in accordance with the agreed termination rules and with a notice period
    of no more than one month.
  3. The consumer may terminate the agreements referred to in the previous paragraphs:
    terminate at any time and not be restricted to termination at a particular time or during a particular
    period;
    terminate at least in the same manner as they were entered into;
    always terminate with the same notice period as the trader has stipulated for itself.

Extension

  1. An agreement entered into for a fixed term that concerns the regular delivery of products
    (including electricity) or services may not be tacitly extended or renewed for a
    fixed term.
  2. By way of derogation from the previous paragraph, an agreement entered into for a fixed term that concerns the
    regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a
    fixed term of no more than three months, if the consumer may terminate this extended agreement at the end of
    terminate the extension with a notice period of no more than one month.
  3. An agreement entered into for a fixed term that concerns the regular delivery of products
    or services may only be tacitly extended 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
    if the agreement concerns the regular delivery, but less than once a month, of daily,
    news and weekly newspapers and magazines.
  4. An agreement for a limited term for the regular delivery of daily newspapers, news and
    newspapers and magazines (trial or introductory subscription) is not tacitly renewed and ends
    automatically after the trial or introductory period ends.

Term

  1. If an agreement lasts for 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 oppose
    object to termination before the end of the agreed term.


Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be
    be paid within 7 working days after the cooling-off period referred to in Article 6 paragraph 1 begins. In the event of a
    for an agreement to provide a service, this period begins after the consumer has received confirmation of the
    has received the agreement.
  2. The consumer is obliged to report inaccuracies in the payment details provided or stated without delay to the
    to report the trader.
  3. In the event of the consumer's failure to pay, the trader has the right, subject to statutory limitations,
    to charge the reasonable costs previously communicated to the consumer.


Article 14 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint
    in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted fully and clearly described within 2 months
    be submitted to the entrepreneur after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of
    receipt will be answered. If a complaint requires a foreseeably longer processing time, the
    the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when
    the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is eligible for the
    disputes procedure.
  5. For complaints, consumers must first contact the entrepreneur. If the web shop is
    is affiliated with WebwinkelKeur; for complaints that cannot be resolved by mutual agreement, the
    the consumer may contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether
    this web shop has an ongoing membership via https://www.webwinkelkeur.nl/ledenlijst/. If there is still
    if no solution has been reached, the consumer may have their complaint handled
    by the independent disputes committee appointed by WebwinkelKeur; its decision is binding and
    both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to
    costs are associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the
    concerning the relevant committee. 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
    indicates.
  7. If the entrepreneur considers a complaint to be justified, the entrepreneur will, at its discretion, either
    replace or repair the delivered products free of charge.

 

Article 15 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply
    are subject to, only Dutch law applies. This also applies 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 detriment of the
be a consumer and must be recorded in writing or in such a way that they can be
can be stored in an accessible manner on a durable data medium.