Article 1 - Definitions
In these general terms and conditions, the following definitions apply:
- The entrepreneur: a natural or legal person or a part of it
the business of that natural or legal person acting as a retailer
independently or as a franchise entrepreneur engages in sales and / or services and is a member of the branch organization Vereniging Landelijke Organisatie
- The consumer: a natural person who does not act in the exercise of one
profession or business and enter into an agreement with the entrepreneur.
- Agreement: any agreement concerning sales or services between the consumer and the entrepreneur.
Distance contract: any agreement whereby up to and including the conclusion of the agreement only one or more techniques are used
for remote communication. Goods: all products and companion animals that are the subject of an agreement.
- Services: all work that is the subject of an agreement.
Article 2 - Applicability
These general conditions apply to all agreements concluded between the entrepreneur and the consumer.
Article 3 - The offer
- The offered goods and services of the entrepreneur become clear
and truthfully depicted and / or described. This description must
are sufficiently detailed to pass a good assessment of the offer
to make the consumer possible.
- The offer contains such information that it is clear to the consumer
is what his rights and obligations are if he accepts the offer and
consists in any case of the following parts:
- as accurate as possible a statement of numbers, sizes, weights or
other characteristics, or instructions for the care, for
the supply is substantial;
- the price and the amount of the delivery costs, if the consumer is the entrepreneur
asks the goods to deliver to a specified address;
- the method of payment and - if applicable - indication that and on
which way payment in installments is possible;
- the design / packaging in which the goods are delivered and a
designation for use;
- the possible right of return and the way in which it is used
- the possibility of additional services at cost price
grant when purchasing some goods, such as construction, installation,
commissioning and the like;
- the statement that on the agreement these General Terms and Conditions of
- Delivery on order takes place after written or electronic assignment
by the consumer, unless different between the consumer and the entrepreneur
- A written offer is provided with a date and is irrevocable
for thirty days after the consumer has received the offer.
- In case of a written / electronic offer, a copy of this General
Article 4 - The contract
- The agreement is established by accepting the offer by the
- When the agreement involves an amount of more than € 1,250.00, this is preferably realized through written or electronic acceptance of the offer by the consumer.
Article 5 - The price and the price changes
- The price stated in the offer includes VAT.
- If within three months after the conclusion of the agreement but before
the delivery a price change occurs, it will not affect
the agreed price. The consumer is entitled to dissolution of the
agreement as after three months after the conclusion of the agreement but
the price is increased before delivery.
- The second paragraph, first sentence, does not apply to price changes that result from
the law, such as an increase in VAT.
Article 6 - Delivery / delivery time
- Delivery takes place by the consumer in possession of the
goods. The possession of goods that are not immediately available
can take place by collecting the goods by the consumer at the
entrepreneur or by delivering the goods to the consumer through the
entrepreneur. The parties can agree on a fixed or expected delivery time.
- The consumer must order goods within seven days after receiving
to collect the message from the entrepreneur or have it picked up. Let the consumer
after this, the entrepreneur has proved it and in reasonableness
incurred costs of late collection on behalf of the consumer.
- If the agreement concerns the delivery of the sold goods,
this will take place within the delivery time agreed upon in the agreement and on the
- If the expected delivery time is exceeded, the entrepreneur becomes one
further term granted to deliver as yet. This further period is equal to
the original estimated delivery time with a maximum of one month.
If the entrepreneur still delivers within this period, any possible
price increase within this further term will not be passed on.
- In case of exceeding this new term or a fixed agreement
The consumer has the delivery time, without any further notice of default being required
required, the right to dissolve the agreement and / or compensation
- When ordered goods turn out not to be available, the entrepreneur will
to consult with the consumer about any availability
of replacement goods. Does the consumer not agree with the delivery of
a replacement good, he has, apart from his other legal rights, the
entitled to dissolve the contract without incurring any costs for it
Article 7 - Conformity
- The entrepreneur warrants that the delivered goods answer
to the agreement (conformity). The entrepreneur is also there for
in that the goods possess those properties that, in all circumstances
taken into account for normal use, as well as for one
special use insofar as this has been agreed.
- The entrepreneur guarantees that the services provided by him answer
to the agreement and are executed with good workmanship
and using sound material.
Article 8 - The right of return
- The consumer has the right to return goods for at least
ten days. This right does not apply to animals and plants. The commencement date of this period is the day after the sale or after the day of delivery, unless otherwise agreed. Undamaged and unused goods with the original packaging and original receipt can be returned.
- If the consumer has paid an amount (in advance) as soon as possible,
but no later than fourteen days after making use of the right of
- Goods manufactured, mixed, processed at the request of the consumer
or made-to-measure, or goods ordered at the consumer's request are excluded from the right of return. The consumer can only use his right of return in the manner indicated by the entrepreneur in his offer.
- If the right of return does not include a refund of the purchase price
but the delivery of a replacement article or a voucher, the entrepreneur will indicate this in the offer.
Article 9 - Payment
- Payment of goods that are in stock is done in cash, unless otherwise
made an agreement.
- If no payment in cash is agreed, the payment must be made by the
consumer, within fourteen days after delivery by the entrepreneur or collection by the consumer of the goods to be paid, unless otherwise agreed.
- If the consumer places an order, the entrepreneur has the right to the consumer a prepayment of up to 50% of the price
Article 10 - Late payment
- The consumer is in default from the expiry of the agreed payment date. The entrepreneur sends a payment reminder after the expiry of that date and gives the consumer the opportunity to pay within 14 days after receipt of this payment reminder.
- If after the payment reminder has expired payment is still not made and the consumer does not consent to submission to the Disputes Committee,
in accordance with article 17.4, judicial or extrajudicial collection can be made. The costs reasonably incurred for this are for the account of the consumer. The entrepreneur is also entitled to charge interest from the expiry of the agreed payment date. This interest is equal to the statutory interest.
Article 11 - Retention of title and transfer
The entrepreneur can reserve the property as long as the consumer has not paid in full. In that case, the consumer becomes the owner of the goods only if he has fully paid the purchase price and any additional amounts due to the entrepreneur.
Article 12 - Legal guarantee
1. The entrepreneur guarantees the absence during a period of 6 months
of defects that occur after delivery. The consumer has
the right to free replacement of defective parts within reasonable
time. In addition, the consumer is entitled to recovery, compensation and
dissolution of the agreement granted to him by law.
2. If the purchase concerns a plant or animal, the entrepreneur will meet the
provide the essential information for the correct use of the
plant, or the health and proper care of the animal, including
connected to information provided by the consumer.
3. The entrepreneur is not responsible for defects after the delivery of the goods
have arisen as a result of careless care or inexpert
use of the goods delivered or that are the result of changes that the
consumer or third parties to the delivered. Neither is it
the entrepreneur for any damage caused as a result of this
4. When a warranty claim is made, the purchase receipt must be issued by the consumer
5. The consumer fully retains his statutory warranty rights, regardless of
which is determined in paragraphs 1 and 2 concerning the information issued by the entrepreneur
Article 13 - Non-compliance with the contract
1. If one of the parties fails to fulfill an obligation under the agreement,
the other party may comply with the opposite obligation
suspend. In the event of partial or improper performance, suspension will apply
only permitted, in so far as the shortcoming justifies this.
2. The entrepreneur has the right of retention (right of retention), if
the consumer fails in the payment of a due and payable obligation,
unless the shortcoming does not justify this retention.
3. If one of the parties fails to comply with the agreement, the other party is
authorized to dissolve the agreement, unless the shortcoming is the dissolution
does not justify.
4. If an (advance) payment relates to the agreement and this
contract is not concluded, or the consumer will be dissolved
(re) paid amount refunded.
Article 14 - Additional provisions to a
- In the case of a distance contract (article 6: 230 under m of the Dutch Civil Code)
The entrepreneur will, among other things, before the contract is concluded
a. the identity and geographic address of the entrepreneur where the consumer
with complaints can go;
b. the place on his website where the general terms and conditions of the entrepreneur
to be seen;
c. the main characteristics of the goods;
d. the price, including VAT, of the goods;
e. the possible costs of delivery;
f. the method of payment, delivery or execution;
g. the deadline for accepting the offer;
h. whether the consumer has a cooling-off period, when it starts and how
this takes a long time.
- The entrepreneur confirms without delay when the consumer makes the offer
has accepted by electronic means the receipt of the acceptance of
the offer and delivers the product as soon as possible, but maximally within
30 days from the day following the day on which the consumer
has done his order. If this period is exceeded, the
consumer the right to terminate the contract without further notice of default
dissolve. The consumer and the entrepreneur can have a different delivery period
- The consumer has the right to the agreement during 14 working days
to dissolve without giving reasons. The term starts running on the day after
that on which the last product of the order was received or on the day
of entering into a service agreement.
- When the purchased goods are not available, the entrepreneur must
inform the consumer as soon as possible and, if necessary,
paid as quickly as possible, but in any case pay back within 30 days.
When the consumer and the entrepreneur have agreed that a case
of equal quality and price may be delivered, then the costs of
possibly return it on behalf of the entrepreneur.
The entrepreneur must provide the consumer with clear and understandable information
- In due time at the performance and at the latest at the time of delivery, the entrepreneur provides the consumer with the following information:
a. the data stated under a to h in paragraph 1 of this article b. in writing the requirements for the use of the right to dissolve the agreement and any associated financing during the cooling-off period of 14 working days, with at least being stated:
c. the starting time and the duration of the reflection period available to the buyer
d. that in case of use of the cooling-off period, the maximum cost of return shipment will be borne by the buyer;
e. the information about the dissolution of the loan if the consumer finances the purchase sum with a loan from the entrepreneur or with a third party on the basis of an agreement between the entrepreneur and that third party;
g. the information about the possible warranty and after sales service;
h. the requirements for terminating the agreement if the purchase has a duration of more than one year or an indefinite duration.
- 6. If the entrepreneur has not fulfilled his obligation to provide information or has not provided information in the correct form, the term of the cooling-off period is a maximum of three months and seven working days. If the seller still complies with the obligation to provide information within those three months, the seven working days start to run the day after he has fulfilled that obligation.
- Return shipping is at the expense and risk of the consumer. The entrepreneur may not charge any other costs at the termination of the agreement.
Article 15 - Liability
- The entrepreneur is liable to the consumer for damage, which it
consequence of a shortcoming that can be attributed to the entrepreneur or
for his risk comes to persons in his service, or to persons who
appointed by him for the execution of the work carried out by
the consumer are instructed. For a compensation of the damage that results
is of the shortcoming of the entrepreneur or persons in his service,
the consumer is eligible provided the consumer within 30 days after
the damage has arisen in writing to the entrepreneur. The
Compensation for damages is limited to a maximum of the amount of the
invoice value of the goods delivered by the entrepreneur.
- The consumer is liable to the entrepreneur for damage
was caused by a shortcoming attributable to him.
Article 16 - Complaints
Complaints about the implementation of the agreement must be complete and clear
described preferably in writing or electronically
the entrepreneur in time after the consumer has discovered the defects. Not in time
filing the complaint may result in the consumer's rights
Article 17 - Dispute resolution
- Disputes between consumer and entrepreneur about the conclusion or the
execution of agreements relating to this entrepreneur
deliver goods or goods delivered by both the consumer and the consumer
Entrepreneur to be brought to the Disputes Committee for Companion Animals,
Bordewijklaan 46, PO Box 90600, 2509 LP The Hague.
- A dispute is only dealt with by the Disputes Committee
if the consumer first has his / her complaint with the entrepreneur
- If the complaint does not lead to a solution, the consumer has 12 months after
the date on which the consumer submitted the complaint to the entrepreneur, the time
to lodge this complaint in writing or in another, by the Disputes Committee
determine the form to be brought before the Disputes Committee.
- When a consumer files a dispute with the Disputes Committee,
the entrepreneur is bound by this choice. If the entrepreneur
want to bring a dispute before the Disputes Committee, he must
consumers ask themselves within five weeks to say whether they agree with this
goes. The entrepreneur must thereby announce that after the
expiry of the said term will feel free the dispute in court
to go to court.
- The Disputes Committee will apply this to her decision
respect the regulations. This regulation will be sent on request.
The decisions of the Disputes Committee have the character of a
binding advice. For the handling of a dispute a fee (the
so-called complaint money).
- Only the civil court or the Disputes Committee is competent
to take note of disputes.
Article 18 - Performance guarantee
The Dutch National Organization Dibevo Association guarantees the consumer
compliance with the binding advice issued by the disputes committee
Article 19 - Deviation from the General Terms and Conditions
Individual deviations must be in writing or electronically between the entrepreneur
and the consumer is recorded.
Article 20 - Modification of the General Terms and Conditions
The Association National Organization Dibevo will follow these General Terms and Conditions
only change in consultation with the Consumers' Association.