Terms and Conditions
GENERAL TERMS AND CONDITIONS AVDFE2023-01 01-02-2023
Article 1 definitions, applicability and scope
1.1 User: Dog&Field Europe, established in Nijverdal at Boomcateweg 92A 7442 BL, who uses the following general terms and conditions.
1.2 Buyer: the consumer or legal person who has acknowledged and accepted the validity of the general terms and conditions by signing or otherwise.
1.3 Visitor: the consumer or legal person who visits the user's website.
1.4 Distance sales: a system for distance sales organized by the user, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement. Distance communication technology is a means that can be used to conclude a distance agreement without the simultaneous personal presence of the parties.
1.5 These general terms and conditions apply to all quotations, deliveries, offers, agreements and services of the user.
1.6 The terms and conditions apply to any contact between user and buyer, regardless of the means of communication used.
1.7 Any applicability of the buyer's general terms and conditions is expressly rejected.
1.8 Provisions deviating from these general terms and conditions only apply if and insofar as they have been accepted in writing by the user.
Article 2 offers and quotations
2.1 All offers and quotations are without obligation.
2.2 The user is bound by offers and quotations if they are accepted by the buyer within 30 days. The prices stated in the offer include VAT, unless stated otherwise.
2.3 The user cannot be held to its offers and quotations if the buyer, in terms of reasonableness and fairness and generally accepted views, should have understood that the offer or quotation or any part thereof contains an obvious mistake or error. .
2.4 If the acceptance deviates (on minor points) from the offer included in the quotation, the user is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the user indicates otherwise.
2.5 A composite quotation does not oblige the user to deliver part of the offer or quotation at a corresponding part of the quoted price.
2.6 Offers or quotations do not automatically apply to repeat orders.
Article 3 conclusion of the agreement.
The agreement is concluded by timely acceptance by the buyer of the user offer.
Article 4 prices
4.1 The stated prices for the products and services offered are in euros, including VAT for the webshop and excluding shipping costs, unless stated otherwise or agreed in writing.
4.2 If the user agrees a certain price with the buyer when concluding the agreement, the user is nevertheless entitled to increase the price, even if the price was not originally quoted with reservation.
4.3 If a price increase takes place within three months after the conclusion of the agreement, the buyer can terminate the agreement by means of a written statement regardless of the percentage of the increase, unless - the price increase results from a power or an obligation resting on the user under the law or - if it has been stipulated that the delivery will take place more than three months after the purchase.
Article 5 payment
5.1 Products collected by the buyer must be paid in advance or in cash on the spot.
5.2 Orders must be paid in advance.
5.3 After receipt of the order, the buyer will receive a confirmation with the total amount (purchase amount plus shipping costs) and user bank details on which payment must be made.
5.3.1 The user prefers payment via Online Banking.
5.4 Any payments via an invoice must be paid within fourteen days after the invoice date to the bank or giro account indicated by the user.
5.5 The buyer is in default without any notice of default due to the mere expiry of the payment term and will owe default interest of 1% (in words: one percent) per month without notice, whereby part of a month will be counted as a month. 5.6 All judicial and extrajudicial costs incurred by the user as a result of the buyer's default or which the user will incur will be borne by the buyer. The extrajudicial costs amount to 15% (in words: fifteen percent) of the amount due with a minimum of € 150 (in words: one hundred and fifty euros) for which no proof needs to be provided.
5.7 The fees stated by the user are exclusive of VAT, exclusive of the services of third parties hired by the user and exclusive of any other levies and taxes imposed by the government.
Article 6 delivery
6.1 The user proceeds to delivery after receipt of the relevant payment.
6.2 All products are generally available from stock. If a product is temporarily out of stock, the buyer will be notified as soon as possible.
6.3 Deliveries in the Benelux are delivered by GLS, DPD or Post NL/BPost, in Germany by Deutsche Post (DHL), GLS or DPD.
6.4 Shipping costs are charged on deliveries. - If orders are shipped outside those three countries, the shipping costs will apply according to the international rates. The buyer will then receive a final quotation by e-mail.
6.5 If the user has specified a term for delivery, this is indicative. A specified delivery term is therefore never a deadline. The final delivery term will never exceed the specified term by more than one month after placing the order, unless there is a case of force majeure or customer-specific articles. If a term is exceeded, the buyer must, if he has not received any notice from the user, give him written notice of default.
Article 7 warranty
7.1 The user guarantees its products against material and/or manufacturing defects. If such errors are observed, these products can be returned within 7 working days of receipt. The user will then arrange for a new product or repair of the defective product.
7.2 Defects in a product due to normal wear and tear as a result of normal use are not covered by the manufacturer's warranty. Otherwise the warranty expires and the buyer is responsible for it.
Article 8 returns
8.1 Products that do not meet the buyer's expectations or if the buyer has ordered the wrong product, can be returned within 7 working days in the original packaging and unused (for sealed products with an unbroken seal).
8.2 Return shipments must be accompanied by a copy of the invoice, buyer's bank or giro number and the reason for the return.
8.3 The buyer can also send an e-mail to customer service, whereby the costs of return are also for the account of the buyer.
8.4 If a return shipment meets the conditions, the user will transfer the purchase amount to the buyer's bank account within 14 days. Shipping costs are not reimbursed.
8.5 Electronic equipment, DVD, CD-ROMs and video tapes cannot be exchanged or taken back.
8.6 If the buyer receives the wrong product, he must always contact Dog&Field Europe's customer service by telephone or e-mail email@example.com
Article 9 distance selling
9.1 The provisions in this article only apply to distance sales if the buyer is a consumer. The other provisions in these general terms and conditions apply to distance sales, unless this is expressly excluded by this article.
9.2 The goods and/or services offered are depicted and/or described clearly and truthfully, as fully as possible as reasonably required and where the commercial purpose must be clearly apparent. If there is a limited period of validity of the offer, this limitation will be clearly stated.
9.3 The offer will include a trial period of 7 working days, starting the day after receipt by or on behalf of the buyer.
9.4 During the trial period, the buyer has a right of withdrawal, whereby he has the option to return the goods received against payment of the direct costs of return, or to indicate that the services offered will not be used. In cases where services are (also) offered, the right of withdrawal is understood to mean a cooling-off period, to which the provisions in these terms and conditions regarding the trial period apply in full.
9.5 Restrictions or exclusions of the trial period (based on the specific nature of the relevant goods or services) will be clearly stated in the offer.
9.6 The distance purchase and sale agreement is concluded at the time of acceptance of the offer and compliance with the conditions set therein.
9.7 When a trial period applies, the buyer invoking the trial period is a resolutive condition.
9.8 If the buyer has paid an amount in advance and if the agreement to which that advance payment relates is not concluded or is dissolved in accordance with paragraph 6, repayment will be made as soon as possible, but no later than 30 days.
9.9 During the indicated term, the prices of the goods and/or services offered will not be increased, except for price changes as a result of changes in VAT rates. Contrary to what is stipulated in the previous sentence, it is possible that, if the nature of the offer entails this, there are variable prices. In that case, this and the fact that any prices quoted are target prices, will be stated.
9.10 Subject to the provisions of paragraph 8, price increases after the conclusion of the agreement are not permitted, unless the price increase is the result of statutory regulations or provisions or, unless the buyer has the authority to terminate the distance agreement on the day on which the price increase.
9.11 Deliveries of goods and/or services are only made on explicit order, unless expressly agreed otherwise between the user and the buyer.
9.12 Unsolicited items may be kept by the buyer at his own discretion or be returned free of charge, unless there is an obvious mistake, in which case the shipment can be attributed to the buyer.
9.13 In the event of an obvious mistake, the buyer will inform the user of this. If and insofar as their nature permits, the buyer shall keep the goods and documents available to the user. The buyer will do or omit to do everything that is required by reason and fairness.
9.14 The place of delivery is the home address of the buyer that was most recently made known to the user, unless expressly agreed otherwise.
9.15 The amounts owed by the buyer must be paid within 14 days after delivery of the goods.
9.16 The buyer is obliged to immediately report inaccuracies in information provided or stated to the user.
Article 10 retention of title
The user remains the full owner of the delivered products until the purchase price has been paid in full.
Article 11 liability
11.1 User is not liable for any damage subject to mandatory law provisions. 11.2 Under no circumstances can a claim be made for compensation for damage caused by loss of income of the buyer (which may have arisen in any way whatsoever) or for indirect damage and consequential damage.
11.3 The user cannot be held liable in any way for the wrong product or changes that are detrimental to the health of the dog / other animal as a result of the use of the products.
11.4 The user's liability is always limited to the amount of the order or agreement.
Article 12 force majeure
12.1 The parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that cannot be attributed to their fault, and that cannot be attributed to them by virtue of the law, a legal act or generally accepted views.
12.2 In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard by law and jurisprudence, all external causes, foreseen or unforeseen, over which the user cannot exert any influence, but as a result of which the user is unable to fulfill its obligations after to come. This includes strikes in the user's company.
12.3 The user is also entitled to invoke force majeure if the circumstance that prevents (further) compliance occurs after the user should have fulfilled his obligation. 12.4 The parties can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the agreement, without being obliged to pay damages to the other party.
12.5 Insofar as the user has already partially fulfilled his obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfill them, and the part fulfilled or to be fulfilled has independent value, the user is entitled to will be invoiced separately. The buyer is obliged to pay this invoice as if it were a separate agreement.
Article 13 suspension and dissolution
13.1 If the buyer temporarily fails to fulfill any obligation under the agreement or under these terms and conditions, the user has the right to suspend its obligations.
13.2 The user may terminate the agreement if the buyer, after having been given notice of default and having been given the opportunity to repair those defects, materially fails to comply with this agreement, in the event that the user, without prejudice to its right to compensation, submits a written will send a notice of default stating a reasonable term within which this shortcoming will be remedied.
13.3 The user can dissolve the agreement without notice of default or judicial intervention if the buyer is declared bankrupt or has been granted suspension of payments, or if the debt rescheduling scheme has been declared applicable to him, or if he (in the case of a natural person) is placed under guardianship. has been set. Outstanding receivables are immediately due and payable. The user reserves the right to claim compensation.
Article 14 protection of personal data
14.1 The user respects the privacy of its online visitors at all times. Personal data provided by the buyer to the user's site will be processed in accordance with the Personal Data Protection Act (WBP).
14.2 User's website may contain links or references from or to other, external websites. The user declines any responsibility for the content of such sites. User privacy and cookie statement does not apply to the collection and processing of visitor data on such websites. The user shall not be liable for any damage or injury arising from visitors' access to, lack of access to or inability to use such sites and the information provided therein or from visitors' use of or reliance on any information contained on such sites. provided. Links to other websites are provided solely as a service to visitors to this website.
Article 15 validity of these general terms and conditions
15.1 The invalidity of one or more provisions in these general terms and conditions does not affect the validity of all other provisions.
15.2 If a provision in these general terms and conditions appears to be invalid or unreasonably onerous for any reason, the parties are deemed to have agreed on a valid replacement provision that approaches the invalid or unreasonably onerous provision as closely as possible in scope and scope, or as closely as possible the intention of the invalid or unreasonably onerous provision.
Article 16 Disputes and Applicable Law
16.1 Dutch law applies to every agreement between the user and the buyer. The Vienna Sales Convention is expressly excluded.
16.2 All disputes of any nature whatsoever related to/resulting from agreements entered into by the user and deliveries made will be adjudicated by the competent court in the Netherlands.