Article 1 Definitions
1.1 Pets Unlimited: the name under which Nedac Sorbo B.V. acts, established in Duiven and registered with the Chamber of Commerce under registration number Chamber of Commerce 08042989.
1.2 Website: The website(s) of Pets Unlimited, which can be consulted via several (sub)domains, including bestforyourfriend.nl and bestforyourfriend.com.
1.3 Customer: the natural or legal person, whether or not acting in the exercise of a profession or business, who enters into an Agreement with Pets Unlimited and/or has registered on the Website.
1.4 Agreement: any agreement or agreement between Pets Unlimited and the Customer, of which the General Terms and Conditions are integral
1.5 General Terms and Conditions: the present General Terms and Conditions.
1.6 In writing: In these General Terms and Conditions, "in writing" also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established .
Article 2 Applicability of General Terms and Conditions
2.1 These General Terms and Conditions apply to all offers, agreements and deliveries of Pets Unlimited, unless expressly agreed otherwise In Writing. Any terms and conditions of the Customer are hereby expressly rejected.
2.2 If the Customer includes provisions or conditions in its order, confirmation or notification containing acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding for Pets Unlimited if and insofar as they have been expressly accepted in Writing by Pets Unlimited.
2.3 In the event that specific product, promotion or service conditions also apply in addition to these General Terms and Conditions, those conditions also apply, but the Customer who does not act in profession or company always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
Article 3 Prices and information
3.1 All prices stated on the Website and in other materials originating from Pets Unlimited include VAT and, unless stated otherwise on the Website, other levies imposed by the government. Any discounts are not included in the price, unless indicated otherwise.
3.2 If packaging costs, shipping costs and/or delivery costs are charged, this will be clearly stated in good time before the conclusion of the Agreement.
3.3 The content of the Website is composed with care. However, Pets Unlimited cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials from Pets Unlimited are therefore subject to obvious programming and typing errors.
3.4 The images accompanying the products on the Website are for illustration purposes only and do not give any guarantees about the size or color of the respective product. Pets Unlimited can also not be held responsible for (color) deviations as a result of screen quality.
Article 4 Conclusion of Agreement
4.1 The Agreement is concluded at the time of acceptance by the Customer of the offer of Pets Unlimited and compliance with the conditions set by Pets Unlimited.
4.2 If the Customer has accepted the offer electronically, Pets Unlimited will immediately confirm electronically the receipt of acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the Customer who is not acting in the course of a profession or business has the option to dissolve the Agreement.
4.3 If it appears that incorrect information has been provided by the Customer when accepting or otherwise entering into the Agreement , Pets Unlimited has the right to fulfill its obligation only after the correct information has been received.4.4 Pets Unlimited can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important are responsible for entering into the Agreement. If, based on this investigation, Pets Unlimited has good reasons not to enter into the Agreement, Pets Unlimited is entitled to refuse an order or request or to attach special conditions to the execution, such as advance payment.
Article 5 Registration
5.1 In order to make optimal use of the Website, the Client must register via the registration form/account login option on the Website.
5.2 During the registration procedure, the Client chooses a password with which he can log in to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.
5.3 Customer must keep his login details strictly confidential. Pets Unlimited is not liable for misuse of the login details and can always assume that a Customer who registers on the Website will actuallyCustomer is. Everything that happens via the Customer's account falls under the Customer's responsibility and risk.
5.4 If the Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password and/or Pets Unlimited as soon as possible. so that Pets Unlimited can take appropriate measures.
Article 6 Execution of the Agreement
6.1 As soon as the order has been received by Pets Unlimited, Pets Unlimited will send the products as soon as possible, with due observance of the provisions of this article, but within 30 days at the latest.
6.2 In the event that the Customer places an order for the regular delivery of products, the first product will be sent as soon as possible. Subsequently, the delivery of the product is regularly continued for a period of 1 year. The delivery frequency is agreed via the website.
6.3 After the first year, the agreement for regular delivery of products is tacitly renewed. After tacit renewal, the Customer can cancel the regular delivery of products, subject to a notice period of 1 month.
6.4 Pets Unlimited is entitled to engage third parties in the performance of the obligations arising from the Agreement.
6.5 The method of delivery can be varied ways and is at the discretion of Pets Unlimited, unless otherwise agreed or stated.
6.6 If the Customer, acting in the performance of a profession or company, wishes to resell the products, then the product must be offered in the original packaging without any changes.
6.7 If Pets Unlimited is unable to deliver the products within the agreed term, it will inform the Client accordingly. In that case, a customer who is not acting in the course of a profession or business can agree to a new delivery date or he will be given the option to dissolve the Agreement free of charge. Customer who acts in the exercise of a profession or business is never entitled to compensation in any form whatsoever that is in any way related to late delivery and/or non-delivery.
6.8 Pets Unlimited is entitled, if the ordered item is no longer available, to send a similar to deliver a product of similar quality to the product ordered. After becoming aware of this, a customer who is not acting in the course of a profession or business is entitled to dissolve the Agreement free of charge and to return the product free of charge.
6.9 If the Agreement is dissolved pursuant to the provisions of this article, Pets Unlimited will pay any prepaid amounts. refund as soon as possible, but in any case within 14 days.
6.10 If the choice has been made to collect the order instead of delivery, the Customer must collect the order within 30 days after confirmation. The customer must make an appointment for this. If the Customer does not collect the order on the agreed date and time, the Customer will owe storage costs from the day after that date.
Article 7 Returns
7.1 The right of withdrawal is excluded for the Customer who acts in the exercise of a profession or business. This article therefore only applies to the Customer who does not act in the course of a profession or business.
7.2 The Customer has the right to cancel the Agreement concluded at a distance with Pets Unlimited within 14 calendar days after receipt of the product, without stating reasons. dissolve. This is the 14-day trial period.
7.3 The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or: if the Customer has ordered several products in the same order : the day on which the Customer, or a third party designated by him, received the last product; if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, received the last shipment or the last part; in the case of Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.
7.4 The Customer can dissolve the Agreement in accordance with paragraph 2 of this article by Notify Pets Unlimited that it is waiving the purchase. Pets Unlimited will then provide return instructions. In most cases, Customer must return the product as soon as possible, at the latest within 14 days after dissolution.
7.5 Customer is responsible for the products. Pets Unlimited wishes to receive the products in the original, unmodified, undamaged and unopened packaging, as far as reasonably possible.
7.6 The customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond insofar as this is necessary to verify the nature, characteristics and functioning of products.
7.7 In the event of theWhen you cancel a service or subscription, you are only obliged to pay any (subscription) costs for the service up to the moment of termination. of the product to be returned can be pasted. Returns can also be made by enclosing the European model withdrawal form, which is offered on the Website.
7.9 The customer will receive the full purchase price back as soon as possible, but no later than 14 days after termination. Any shipping costs paid will be reimbursed unless the customer returns only part of the order. The refund will be made by means of the same payment method that the Customer used to pay. No costs will be charged for this.
7.10 The customer is responsible and bears the risk for the return and is also responsible for the costs of the return. If these costs are higher than the regular postal rate, Pets Unlimited will provide an estimate of these costs.
7.11 The right of withdrawal is excluded for the following products, so that they cannot be returned: Products that have been created by Pets Unlimited In accordance with the Customer's specifications (customization); Products that can spoil or become obsolete within the cooling-off period referred to in paragraph 1; Products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery, such as, but not limited to, meals for animals.
Article 8 Payment
8.1 The customer must make payments to Pets Unlimited in accordance with the payment methods indicated in the order procedure and possibly on the Website. Pets Unlimited is free in its choice of payment methods and they may change from time to time. In the event of payment after delivery, the Customer has a payment term of 14 days, commencing on the day after delivery.
8.2 The option to pay after delivery is offered in the order process on the Website.
8.3 The claim for payment is immediately due and payable if the Customer is able to is declared bankrupt, applies for a suspension of payments, is completely seized on assets, goes into liquidation or is dissolved.
8.4 If the Customer does not meet his payment obligation(s) in time, he will be informed by Pets Unlimited of the late payment and Pets Unlimited has granted the Customer a period of 14 days to still meet its payment obligations, after failure to pay within this 14-day period, the statutory interest is owed on the amount still owed and Pets Unlimited is entitled to charge extrajudicial collection costs incurred by him.
Article 9 Warranty and conformity
9.1 This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If Pets Unlimited provides a separate guarantee on the products, without prejudice to the just stated, this applies to all types of Customers.
9.2 Pets Unlimited guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. Defects or damage that occur due to careless or incorrect use of the product, or not following a supplied user manual, will remain at the expense of the Customer. preferably In Writing, to be reported.
9.4 If the delivered product does not comply with the Agreement on delivery (or is delivered defective), the Customer must notify Pets Unlimited of this within 2 months after discovery. After this period, the Customer can no longer claim any form of repair, replacement, compensation and/or refund.
9.5 If a complaint is justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer.
9.6 If the Customer returns a delivery on the basis of the provisions of this article, Pets Unlimited will bear the responsibility for the return costs.
Article 10 Complaints procedure
10.1 If the Customer has a complaint about a product and/or about other aspects of Pets Unlimited's services, he can submit a complaint to Pets Unlimited by telephone, e-mail or post. See the contact details at the bottom of the General Terms and Conditions.
10.2 Pets Unlimited will provide the Customer with a response to his complaint as soon as possible, but in any case within 14 days of receipt of the complaint. If it is not yet possible to provide a substantive or definiIf you wish to give a positive response, Pets Unlimited will confirm receipt of the complaint within 14 days and give an indication of the period within which it expects to provide a substantive or final response to the Customer's complaint.
10.3 Customer who does not act in the exercise of his profession or company can also file a complaint through the European Dispute Resolution Platform, which can be reached at http://ec.europa.eu/odr/.
Article 11 Liability
11.1 This article only applies to the Customer who acts in the exercise of a profession or business. Agreement stipulated price (including VAT).
11.3 Liability of Pets Unlimited towards the Customer for indirect damage, including in any case - but expressly not limited to - consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
11.4 Apart from the cases referred to in the previous two paragraphs of this article, Pets Unlimited has no liability whatsoever towards the Customer for compensation, regardless of the ground on which an action for compensation would be based. Any limitation or exclusion of liability included in the Agreement or the General Terms and Conditions does not apply if and insofar as damage is the result of intent or willful recklessness on the part of Pets Unlimited. The agreement only comes into existence if the Customer gives Pets Unlimited immediate and proper notice of default in Writing, setting a reasonable term to remedy the shortcoming, and Pets Unlimited continues to fail to fulfill its obligations after that term. The notice of default must contain as detailed a description as possible of the shortcoming, so that Pets Unlimited is able to respond adequately.
11.7 In the event of force majeure, Pets Unlimited is not obliged to pay compensation for any damage caused to the Customer as a result. Force majeure is, in addition to what is understood in the law and jurisprudence, in any case to mean: inability to meet the obligations as a result of (risk of) war, fire, water damage, flooding, industrial occupation, strike, import and export obstacles. , government measures, defects in machinery, disruptions in the supply of primary resources such as energy, water, internet and disruptions in the telecommunications infrastructure, or in the event of problems with storage and transport, that arise through no fault of Pets Unlimited. 11.8 Insofar as Pets Unlimited has already partially fulfilled or will fulfill the obligation under the Agreement at the time of the occurrence of force majeure, Pets Unlimited is entitled to separately invoice the part already fulfilled or to be fulfilled, insofar as this part has an independent value. The customer is obliged to pay this invoice. If the Customer has paid in advance, Pets Unlimited is only obliged to credit the part that has not been fulfilled due to force majeure.
Article 12 Retention of title
12.1 Ownership of products only transfers to Customer after full payment has been made for the agreed amount. upon transfer of the products. If expressly agreed, the risk will pass to the Client sooner.
12.3 In the event of bankruptcy, provisional suspension of payments, attachment or placing under guardianship, the products that have not yet been transferred in ownership by Pets Unlimited are immediately due and payable.
12.4 If the Client acts in profession or company does not fulfill the obligations under the agreement or these General Terms and Conditions or not on time, then Pets Unlimited can claim the delivered goods as its property.
Article 13 Personal data
13.1 Pets Unlimited processes the Customer's personal data in accordance with the privacy statement published on the Website.
Article 14 Final provisions
14.1 Dutch law applies to the Agreement.
14.2 Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district of Gelderland.
14.3 If a provision is found to be invalid in these General Terms and Conditions, this does not affect the validity of the entire General Terms and Conditions.In that case, the parties will determine (a) new provision(s) as a replacement, which will give shape to the intention of the original provision as much as legally possible.
14.4 Pets Unlimited is at all times entitled to change these General Terms and Conditions. Pets Unlimited will notify the Client of the changes, by e-mail and/or via the Website, no later than 2 months before they come into effect. Non-substantive changes of minor importance can be made at any time and do not require any notification.
If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us.
6902 KH, Zevenaar
Chamber of Commerce 08042989VAT NL006876419B01