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Terms and Conditions

General Terms and Conditions DRD Knaagdierwinkel B.V.

These General Terms and Conditions explain the terms that apply when you place an order with DRD Knaagdierwinkel B.V.

Article 1 – Who are we?

These General Terms and Conditions are issued by:

DRD Knaagdierwinkel B.V.
Lavalstraat 15
7903 BC Hoogeveen
The Netherlands
KvK: 94167338

Hereinafter, we refer to ourselves as DRD Knaagdierwinkel or DRD.

In these terms, the following definitions apply:

Consumer: a natural person who is not acting for business or professional purposes.

Business customer: a person or company acting for business or professional purposes.

Customer: a consumer or business customer who purchases a product from DRD.

Webshop: the webshop of DRD Knaagdierwinkel.

Product: any product offered by DRD.

Where we refer to animals or rodents, we mean non-food-producing pets.

Article 2 – When do these terms apply?

  1. These terms apply to all offers, orders and agreements of DRD.
  2. These terms are made available before or during the placing of an order.
  3. By placing an order, the customer agrees to these terms.
  4. Consumers always retain their statutory consumer rights. No provision in these terms limits those rights where such a limitation is not permitted by law.
  5. Different or stricter rules may apply to business customers. These are set out in Article 25.
  6. If any provision of these terms is found to be invalid, the remaining provisions remain valid.

Article 3 – Offer and order

  1. DRD endeavours to display product information, prices, images, dimensions and stock information as accurately as possible.
  2. Minor differences in colour, shape, texture, size or appearance may occur, particularly with natural, handmade or artisan products.
  3. With natural materials such as wood, cork, herbs, harvested products and other natural products, individual products may differ from one another. This is inherent in the nature of the product.
  4. Obvious errors, mistakes, programming errors or clearly incorrect prices are not binding on DRD if the customer could reasonably have understood that an error had occurred.
  5. DRD may refuse an order where there is a reasonable basis for doing so. This may include suspected fraud or abuse, an obvious pricing error, payment problems or circumstances in which a product cannot be supplied.
  6. If DRD cannot fulfil an order, any amount already paid for the product that cannot be supplied will be refunded.
  7. Product packaging may change. A manufacturer may also modify a product. DRD may supply changed packaging provided that the product supplied complies with the agreement.
  8. If a change affects essential characteristics of the ordered product, the customer's statutory rights apply.

Article 4 – Prices and payment

  1. Prices for consumers include VAT unless clearly stated otherwise.
  2. The price displayed when the order is placed applies to that order, except in the case of an obvious error.
  3. DRD may change prices for future orders.
  4. The customer pays using one of the payment methods offered by DRD.
  5. The customer is responsible for entering payment details correctly.
  6. A customer may not reverse a payment without a valid reason or initiate an unfounded chargeback.
  7. If an amount legitimately remains unpaid, DRD may demand payment.
  8. For consumers, extrajudicial collection costs will only be charged after the statutory requirements have been met.
  9. DRD may also claim statutory interest and legally permitted collection costs.

Article 5 – Address details and customer responsibility

  1. The customer is responsible for providing a complete and correct name, delivery address, postcode, house number, any address addition, email address, telephone number and any other information required for delivery.
  2. The customer must check these details before completing the order.
  3. If the customer discovers an error after placing the order, the customer must inform DRD as soon as possible.
  4. DRD will attempt to correct an error before dispatch if this is still possible. DRD cannot guarantee that an order which is already being processed or shipped can still be changed.
  5. If an order cannot be delivered due to incorrect or incomplete information provided by the customer, the customer is responsible for the reasonable additional costs arising as a result.
  6. These may include, for example, the costs of a failed delivery, carrier return charges, address correction charges and the costs of a new shipment.
  7. If a parcel is returned to DRD because of an error in the details provided by the customer, the parcel will not automatically be sent again.
  8. If the customer wishes to receive the parcel again, DRD may first require payment of the costs of the new shipment and other reasonable additional costs arising directly from the customer's error.
  9. Where an amount must be refunded to the customer, DRD may set off amounts that the customer lawfully owes DRD.

Article 6 – Shipping and delivery

  1. DRD ships orders to the delivery address or collection point specified by the customer.
  2. Stated delivery times are estimates unless a fixed delivery time has expressly been agreed.
  3. In a consumer sale, DRD is responsible for the shipment until the consumer, or a third party designated by the consumer who is not the carrier, has received the order.
  4. If the consumer independently chooses a carrier that is not offered by DRD, the risk may pass earlier in accordance with the applicable statutory rules.
  5. If the customer personally authorises a parcel to be left in a particular place, this may affect responsibility for loss or damage after delivery has taken place in accordance with that authorisation.
  6. If a parcel is lost during shipment, DRD may ask the carrier to conduct an investigation.
  7. The customer must reasonably cooperate with this investigation upon request and provide the necessary information.
  8. If DRD is definitively unable to deliver, the consumer's statutory rights apply.

Article 7 – Collection points and uncollected parcels

  1. A parcel may be delivered to a collection point depending on the selected delivery method or the carrier's procedures.
  2. The customer is responsible for collecting the parcel in good time after being informed that it is available for collection.
  3. The retention period is determined by the carrier or collection point.
  4. If the customer does not collect the parcel within the retention period and it is therefore returned to DRD, the parcel will not automatically be sent again.
  5. If the customer still wishes to receive the parcel, DRD may first require payment of the costs of the new shipment.
  6. Reasonable additional costs arising directly because the customer failed to collect the parcel in time, including demonstrable return charges imposed by the carrier, may be charged to the customer.
  7. Failure to collect a parcel does not automatically constitute a valid withdrawal. A consumer who wishes to exercise the right of withdrawal must notify DRD accordingly.
  8. If the agreement is legally terminated, DRD will process the refund in accordance with the applicable statutory rules and these terms.

Article 8 – Checking your order and reporting damage

Please check your order within 2 days of receipt.
Report visible damage, missing products or an incorrect delivery to DRD within this period.
  1. The customer must check the order as soon as possible after receipt.
  2. The customer must check whether the order is complete, whether the correct products have been delivered and whether there is any visible damage.
  3. Visible damage, missing products, incorrect products or other immediately apparent discrepancies must be reported to DRD in writing within 2 days of receipt.
  4. In the event of damage, DRD asks the customer to provide clear photographs of the product, the damage, the outer packaging, the inner packaging and, where relevant, the shipping label.
  5. The customer must retain damaged products and packaging materials for as long as reasonably necessary for assessment or investigation.
  6. Prompt reporting is important so that DRD can investigate the cause and, where necessary, submit a claim to the carrier or supplier in good time.

Article 9 – Right of withdrawal for consumers

  1. In principle, a consumer has a 14-day cooling-off period for a distance contract.
  2. The cooling-off period begins in accordance with the statutory rules, generally on the day after the consumer or a third party designated by the consumer has received the product.
  3. If the consumer wishes to exercise the right of withdrawal, the consumer must clearly inform DRD within the cooling-off period that they wish to withdraw from the agreement.
  4. The consumer does not have to give a reason for doing so.
  5. The consumer may use the online withdrawal function, the model withdrawal form, email or another clear statement addressed to DRD.
  6. Following withdrawal, the product must be returned no later than 14 days thereafter.
  7. The return address is:

    DRD Knaagdierwinkel B.V.
    Lavalstraat 15
    7903 BC Hoogeveen
    The Netherlands
  8. The direct costs of returning the product are borne by the consumer unless DRD has expressly stated otherwise in advance or the law provides otherwise.
  9. The consumer is responsible for the return shipment until DRD has received it, unless DRD itself arranges the transport in a situation where the risk lies with DRD under the law.
  10. DRD therefore recommends packaging returns carefully and retaining proof of shipment and the track & trace information.

Article 10 – Assessing a product during the cooling-off period

  1. The right of withdrawal is intended to allow a product to be viewed and assessed in the same way as would reasonably be possible in a physical shop.
  2. The consumer may not handle or use the product beyond what is necessary to establish its nature, characteristics and functioning.
  3. If the consumer uses or handles the product beyond what is necessary for this purpose and the product consequently loses value, the consumer is liable for that reduction in value.
  4. DRD may deduct this reduction in value from the amount to be refunded.
  5. DRD may take into account, among other things, signs of use, damage, scratches, signs of assembly or disassembly, missing parts or accessories, contamination, odours, hair, urine or faeces, food residues, gnaw marks, moisture, stains, damaged labels, damaged or missing packaging and a condition that prevents the product from being sold as new.
  6. Missing or damaged original packaging does not automatically result in the loss of the right of withdrawal. It may, however, be taken into account when determining the actual reduction in value if it demonstrably reduces the value of the product.
  7. Depending on the condition of the product, the reduction in value may be substantial.
  8. If a product has effectively become unsaleable as a result of use, damage, contamination or other actions by the consumer, the reduction in value may be very high where this is objectively justified.
  9. DRD may inspect the product after receipt before determining the final refund.

Article 11 – Products excluded from the right of withdrawal

Under the law, there is no right of withdrawal for certain products. At DRD, this includes products that fall within a statutory exception, including:

  1. products made to the consumer's specifications which are not prefabricated or which are clearly made for one specific customer;
  2. clearly personalised products;
  3. products that can deteriorate or expire rapidly;
  4. plants which, by their nature, can deteriorate or age rapidly and therefore fall within the statutory exception to the right of withdrawal;
  5. sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery, insofar as the statutory conditions for this exception have been met;
  6. other products for which a statutory exception to the right of withdrawal applies.

If a specific product is excluded from the right of withdrawal, DRD will state this, where required, before the agreement is concluded.

Article 12 – Food, herbs, snacks, bedding and other consumable products

  1. For food, herbs, snacks, harvested products, bedding and comparable products, the right of withdrawal is excluded only where the product concerned falls within a statutory exception.
  2. If no statutory exception applies, the statutory right of withdrawal applies.
  3. During the cooling-off period, the consumer may assess a product only to the extent necessary.
  4. Using, feeding, mixing or processing a product, placing it in an animal enclosure or otherwise actually putting it into use may go beyond what is necessary to assess the product.
  5. If this results in a reduction in value, DRD may charge for that reduction in value.
  6. Products that have become contaminated, mixed, incomplete or otherwise unsaleable after use may consequently have a very high reduction in value.

Article 13 – Terrariums, enclosures and large or fragile products

  1. If the right of withdrawal applies to a large, heavy, fragile product or a product that cannot normally be returned by standard parcel post, the direct return costs are borne by the consumer, provided that DRD has informed the consumer of this in advance in accordance with the statutory rules.
  2. The consumer is responsible for choosing a suitable method of return, using proper packaging, providing sufficient protection against breakage and damage, correctly securing loose parts and following reasonable return instructions.
  3. The risk of a return shipment arranged by the consumer remains with the consumer until DRD has received the product.

Article 14 – Refund following withdrawal

  1. In the event of a valid full withdrawal, DRD will refund the amounts legally due.
  2. In the event of a full withdrawal, the original standard delivery costs will also be refunded insofar as required by law.
  3. If the consumer chose a more expensive delivery method than the least expensive standard delivery offered by DRD, DRD is not required to refund the difference.
  4. If the consumer returns only part of the order, the original delivery costs will not be refunded insofar as permitted by law.
  5. The costs of returning the products are borne by the consumer.
  6. DRD will issue the refund no later than within the statutory period.
  7. DRD may withhold the refund until DRD has received the product or until the consumer provides evidence that the product has been returned, depending on which point in time is decisive under the law.
  8. DRD will in principle use the same payment method used by the consumer, unless another method is agreed.
  9. DRD may deduct any reduction in value permitted by law.

Article 15 – Statutory guarantee and defective products

  1. A consumer is entitled to the statutory guarantee.
  2. A product must meet what the consumer may reasonably expect on the basis of the agreement and the law.
  3. The statutory guarantee does not have a single fixed standard duration for all products. The expected lifespan depends, among other things, on the type of product, its price, characteristics, product information and normal use.
  4. A defect caused by incorrect use, normal wear and tear, poor maintenance, damage caused by the animal or use contrary to instructions is not automatically a defect for which DRD is responsible.
  5. In the event of a possible defect, DRD may request information reasonably necessary to assess the complaint, such as the order number, photographs, video, a description of the problem, information about use and maintenance and the product itself for inspection.
  6. The customer must reasonably cooperate with the investigation of the complaint.
  7. DRD may involve a manufacturer, supplier, importer or EU responsible person in the investigation.
  8. In relation to a consumer, DRD remains responsible as the seller for handling the statutory guarantee.
  9. If returning the product is necessary for inspection and there is a valid statutory guarantee claim, the necessary costs will be borne by DRD in accordance with the statutory rules.
  10. If a product does not conform to the agreement, the statutory rights to repair, replacement, price reduction or termination apply insofar as the statutory conditions have been met.
  11. Within the limits of the law, DRD may first assess which statutory remedy is appropriate.

Article 16 – Incorrect or missing product

  1. If DRD has demonstrably supplied an incorrect product, please report this as soon as possible and preferably within 2 days of receipt.
  2. DRD may provide a return label if the incorrectly supplied product must be returned.
  3. The customer must reasonably cooperate in returning a product that was not intended for them.
  4. The incorrectly supplied product remains the property of DRD if the customer has not paid for it and no other agreement has been made.
  5. If DRD has failed to supply a product that formed part of the order, DRD will provide an appropriate solution in accordance with the agreement and the statutory rules.
  6. Reporting the matter within 2 days assists DRD in checking stock, weight, camera footage, packaging information or other available information.

Article 17 – Use of products and customer responsibility

  1. The customer is responsible for the correct and safe use of products.
  2. The customer must read product information, follow instructions for use and safety warnings, check whether the product is suitable for their animal and properly maintain and store products.
  3. Products for animals must be used for the species and purpose for which they are suitable.
  4. DRD is not responsible for damage caused solely by incorrect use, use contrary to instructions, insufficient maintenance, incorrect storage, modifications made by the customer or use for a purpose for which the product was not intended.
  5. An animal may damage or destroy products. Gnawing, digging, biting, urination and other natural animal behaviour do not automatically constitute a defect in the product.
  6. The customer remains responsible for supervising the animal and regularly checking products for wear and damage.
  7. If there are concerns about an animal's health, the customer must consult a veterinarian. Product information provided by DRD is not a substitute for veterinary examination or veterinary advice.

Article 18 – Liability

  1. DRD is not liable for damage resulting from circumstances attributable to the customer, including incorrect use, insufficient maintenance or failure to follow clear safety or usage instructions.
  2. DRD is not liable for indirect loss or business loss insofar as such exclusion is permitted by law.
  3. Mandatory statutory liability rules always apply to consumers.

Article 19 – Force majeure

  1. DRD is not liable for a failure to perform that cannot be attributed to DRD.
  2. Force majeure may include, for example, natural disasters, fire, war, serious disruptions, pandemics, government measures, strikes, serious transport problems, failure of communication systems or other circumstances beyond DRD's reasonable control.

Article 20 – Complaints

  1. Complaints may be submitted to DRD in writing.
  2. Visible transport damage, incorrect deliveries, missing products and other immediately visible discrepancies must be reported within 2 days of receipt as described in Article 8.
  3. Other complaints must be reported within a reasonable period after the problem has been discovered.
  4. A consumer retains their statutory guarantee rights if a defect could not reasonably have been discovered within 2 days.
  5. The customer must describe the complaint as clearly as possible and provide information reasonably required for investigation.
  6. DRD may ask the customer to keep the product available for inspection.
  7. The customer must give DRD a reasonable opportunity to investigate the complaint and, where applicable, provide an appropriate solution.
  8. Submitting a complaint does not automatically entitle the customer to additional damages or compensation.

Article 21 – Abuse, fraud and inappropriate behaviour

  1. DRD may take measures where there is a reasonable suspicion of fraud, payment fraud, misuse of discount codes, misuse of the loyalty programme, misuse of accounts, knowingly providing incorrect information, threats or seriously inappropriate behaviour towards employees.
  2. Depending on the circumstances, DRD may conduct further investigations, refuse an order, temporarily block or terminate an account, report the matter to the authorities or recover damages where there is a legal basis for doing so.

Article 22 – Loyalty points and rewards

  1. Participation in the loyalty programme is not automatic. The customer must register for the programme.
  2. Points are earned only in accordance with the terms of the loyalty programme applicable at that time.
  3. Points are personal and non-transferable.
  4. Points cannot be exchanged for cash.
  5. Points are valid for two years from the date on which they are awarded, unless DRD expressly states otherwise.
  6. New purchases do not extend the validity of older points unless DRD states otherwise.
  7. In the event of a return, cancellation, refund or chargeback, DRD may withdraw points awarded for the relevant purchase.
  8. Points incorrectly awarded as a result of a technical error, system error, fraud or abuse may be corrected.
  9. DRD may change or terminate the loyalty programme. In the event of termination, DRD will inform participants in advance where reasonably possible and provide a reasonable opportunity to use any points that are still valid.
  10. Where participation in the loyalty programme is linked to certain communications, these will be carried out in accordance with the applicable privacy and communications legislation.

Article 23 – Intellectual property

  1. Texts, photographs, images, designs, logos, trade names, product descriptions, advisory texts and other original content belonging to DRD are protected by intellectual property rights insofar as such rights apply.
  2. This content may not be copied, published, used commercially or distributed without DRD's permission, except where permitted by law.
  3. Third-party trademarks and content remain the property of their respective rights holders.

Article 24 – Privacy

  1. DRD processes personal data in accordance with applicable privacy legislation.
  2. Further information can be found in DRD's privacy policy.

Article 25 – Business customers

  1. The statutory consumer right of withdrawal does not apply to business customers.
  2. A business customer must inspect the order immediately upon receipt.
  3. Visible shortages, incorrect deliveries and transport damage must be reported in writing within 2 working days.
  4. Other defects must be reported in writing as soon as possible after discovery.
  5. A business customer may return products only with DRD's prior consent, unless otherwise provided by law or the agreement.
  6. The costs of a business return shipment are borne by the business customer unless otherwise agreed in writing.
  7. The risk of a business return shipment remains with the business customer until DRD has received it, unless otherwise agreed in writing.
  8. To the extent permitted by law, DRD is not liable to business customers for indirect loss, consequential loss, loss of turnover, loss of profit, lost savings or business interruption.
  9. To the extent permitted by law, DRD's liability towards a business customer is limited to the invoice amount relating to the part of the agreement to which the liability relates.
  10. If DRD's liability insurance provides cover in a particular case and pays a higher amount, liability may be limited to the amount actually paid by the insurer, insofar as permitted by law.
  11. These limitations do not apply in cases of intent or deliberate recklessness on the part of DRD itself or where limitation is not permitted by law.
  12. Reasonable additional costs arising from errors, omissions or special requests by a business customer may be charged to that customer.
  13. DRD may set off outstanding claims against a business customer against amounts owed by DRD to that business customer, insofar as permitted by law.
  14. For business customers, all offers are non-binding unless expressly agreed otherwise in writing.

Article 26 – Changes to these terms

  1. DRD may amend these General Terms and Conditions for future agreements.
  2. In principle, an order is governed by the version of the terms that applied at the time the agreement was concluded.

Article 27 – Applicable law and disputes

  1. Agreements with DRD are governed by Dutch law.
  2. This choice of law does not deprive a consumer of the protection afforded by mandatory law to which the consumer is entitled under applicable legislation.
  3. DRD and the customer will first attempt to resolve any dispute together.
  4. If this is unsuccessful, the dispute may be submitted to the court having jurisdiction under the law.
  5. For business customers, a dispute may, insofar as permitted by law, be submitted to the competent court in the district in which DRD has its registered office.

Article 28 – Final provisions

  1. If any provision of these terms is wholly or partly invalid or unenforceable, the remaining provisions will remain in force.
  2. If DRD does not invoke a provision in a particular situation, this does not mean that DRD waives its right to invoke that provision in another situation.
  3. Deviations from these terms are valid only where DRD and the customer have legally agreed to them.
  4. Mandatory law always takes precedence over any conflicting provision in these General Terms and Conditions.

DRD Knaagdierwinkel B.V.

Lavalstraat 15 · 7903 BC Hoogeveen
KvK 94167338

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