Table of contents:
Article 1 - Definitions
Article 2 - Identity of the company
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in the event of rerouting
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Disputes
Article 1 - Definition
In these terms and conditions, the following definitions shall apply:
- Reflection period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the company;
- Bye: calendar day;
- Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable data medium: any means that enables the consumer or trader to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
- Company: the natural or legal person offering products and/or services to consumers at a distance;
- Remote agreement: an agreement whereby, within the framework of a system organised by the company for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
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Article 2 - Identity of the company
CLiNiC Petfood B.V., Oude Huizerweg 13, 1261 BD in Blaricum. Chamber of Commerce no: 83594795.
Reachable under the phone number 085 00 46 678 or via info@clinicpetfood.nl.
Article 3 - Applicability
- These general terms and conditions apply to any offer by the company and to any distance contract between the entrepreneur and consumers.
- Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer digitally. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the company and they will be sent free of charge as soon as possible at the consumer's request.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the company uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the company.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
- price including taxes;
- any delivery costs;
- the manner in which the agreement will be concluded and what actions are necessary to do so;
- the method of payment, delivery and performance of the agreement;
- the period for acceptance of the offer, or the period within which the company guarantees the price;
- the minimum duration of the distance contract in the case of a duration transaction.
Article 5 - The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
- If the consumer has accepted the offer electronically, the company shall confirm receipt of acceptance of the offer electronically without delay.
- If the agreement is concluded electronically, the company shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the company will observe appropriate security measures to that end.
- The company may - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the company has good grounds not to enter into the agreement, it is entitled to refuse an order or application or to attach special conditions to the execution, while giving reasons.
Article 6 - Right of withdrawal
- When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This cooling-off period starts the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the company.
- During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original state and packaging to the company, in accordance with the reasonable and clear instructions provided by the company. For pet food, only unopened packaging can be returned.
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Article 7 - Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, the costs of return shipment will be borne by him.
- If the consumer has paid an amount, the company will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.
Article 8 - Exclusion of the right of withdrawal
The company may exclude the consumer's right of withdrawal for the following products:
- created by the company in accordance with consumer specifications;
- which are clearly personal in nature;
- which by their nature cannot be returned;
- which can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which the company has no influence;
- for single newspapers and magazines;
- for audio and video recordings and computer software whose seals have been broken by the consumer.
Article 9 - The price
- During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the company may offer products or services whose prices are subject to fluctuations in the financial market and over which the company has no control, with variable prices.
- Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
- The prices mentioned in the offer of products or services include VAT. The minimum order value is 15 euros excluding shipping costs.
- All prices in our offer are subject to human error in posting on the website. Also in case of technical errors or failures, the company is not bound by the prices listed on the website.
Article 10 - Conformity and Warranty
- The company guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of conclusion of the agreement.
- Only if the guarantee obligations in respect of the products and/or services supplied by the company have not been assumed by third parties, such as manufacturers, can the consumer assert claims against the company, provided that the damage suffered by the consumer is directly and exclusively the result of fault on the part of the company. The company can in no way be held liable by the consumer for damage of whatever nature and by whomever suffered, arising from or related to products supplied by the company but manufactured by a third party, although the company will provide the consumer with the necessary information to seek recourse against that third party if possible. The total liability of the company shall never exceed the invoice value of the delivered products in respect of which compensation is claimed.
Article 11 - Delivery and execution
- The company will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 14 days unless a longer delivery period was agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 14 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
- In case of dissolution in accordance with the previous paragraph, the company will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
- If delivery of an ordered product proves impossible, the company will make every effort to provide a replacement article. At the latest on delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. In this case, the costs of any return shipment shall be borne by the company.
- The risk of damage and/or loss of products rests with the company until the moment of delivery to the consumer or a representative designated in advance and made known to the company, unless expressly agreed otherwise.
Article 12 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period referred to in Article 6(1).
- Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the respective order or service(s) before the stipulated advance payment has been made.
- The consumer has a duty to immediately report inaccuracies in payment details provided or mentioned to the company.
- In case of non-payment by the consumer, subject to legal restrictions, the company is entitled to charge the reasonable costs made known to the consumer in advance.
Article 13 - Complaints procedure
- Complaints on the performance of the agreement must be submitted to the company within a reasonable time, fully and clearly described, after the consumer has identified the defects.
- Complaints submitted to the company will generally be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the company will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
- If the complaint cannot be resolved by mutual agreement, a dispute arises which is susceptible to dispute resolution.
Article 14 - Disputes
Agreements between the company and the consumer governed by these general terms and conditions shall be governed exclusively by Dutch law.