Terms & Conditions
Amended for the last time on [20th February 2018]
Introduction
Please find below our General Terms and Conditions. These shall apply each time you visit our website or order from it, and they include important information for your as a buyer. Kindly read our General Terms and Conditions carefully. Also, we recommend saving them or making a printout, to have them ready at hand whenever required.
Article 1 Definitions
1.1 Pets Unlimited: the name under which Dayes B.V. operates, based in Zevenaar (the Netherlands) and listed in the Chamber of Commerce under registration number 08042989.
1.2 Website: The website(s) of Pets Unlimited, to be consulted through several (sub)domains, including bestforyourfriend.nl and bestforyourfriend.com.
1.3 Customer: the natural person or legal entity whether or not acting in the pursuance of a profession or company which enters into an Agreement with Pets Unlimited and/or has registered itself on the Website.
1.4 Agreement: each understanding or agreement between Pets Unlimited and the Customer, of which the General Terms and Conditions constitute an integrated part.
1.5 General Terms and Conditions: these General Terms and Conditions.
1.6 In writing: in these General Terms and Conditions, “in writing " shall also mean any communication by email and fax, provided the identity of the sender and the integrity of the email is sufficiently ascertained.
Article 2 Applicability of the General Terms and Conditions
2.1 All offers, agreements and deliveries of Pets Unlimited are subject to these General Terms and Conditions, unless explicitly agreed otherwise in writing. Any of the Customer’s terms and conditions are hereby explicitly dismissed.
2.2 If the Customer’s assignment, confirmation or announcement includes any stipulations or conditions inconsistent with, or which are not included in the General Terms and Conditions, shall only bind Pets Unlimited, if and insofar as these have explicitly been accepted by Pets Unlimited in writing.
2.3 If in addition to these General Terms and Conditions, any specific product, action or service conditions are applicable, then these conditions shall also apply, however the Customer not acting in the pursuance of a profession or company may revoke the applicable stipulation most favourable for him in the event of inconsistent conditions.
Article 3 Prices and information
3.1 All prices stated on the Website and on any of Pets Unlimited’s materials include VAT and other levies legally imposed, unless the website states otherwise. Any discounts are not passed along in the price, unless stated otherwise.
3.2 In case any packaging costs, shipment costs and/or delivery costs are charged, then this shall be stated clearly and on time prior to the signing of the Agreement.
3.3 The contents of the Website have been put together with the utmost care. Nevertheless, Pets Unlimited cannot guarantee that all information available on the Website is correct and complete at all times. All prices and any other information provided on the Website and in any other materials belonging to Pets Unlimited are therefore subject to any apparent programming and typing errors.
3.4 The images of products shown on the Website are provided for illustrative purposes only and by no means guarantee the dimensions or colour of the product in question. Pets Unlimited also cannot be held liable for any (colour) deviations due to display quality.
Article 4 Concluding the Agreement
4.1 The Agreement shall come about upon the Customer’s acceptance of the offer made by Pets Unlimited and meeting any relevant conditions set by Pets Unlimited.
4.2 If the Customer has accepted the offer electronically, Pets Unlimited shall confirm forthwith and electronically having received the acceptance of the offer. As long as the receipt of the acceptance has not been confirmed, the Customer not acting in the pursuance of his profession or company shall have the possibility to dissolve the Agreement.
4.3 If it turns out that upon acceptance or otherwise entering into the Agreement the Customer has failed to provide the correct data, Pets Unlimited shall have the right to only meet its obligation after the correct data have been received.
4.4 Within the legal frameworks, Pets Unlimited may verify whether the Customer is able to meet his payment obligations, but also investigate any other facts and factors which are significant for concluding the Agreement justifiably. If, based on this investigation, Pets Unlimited has a good reason not to sign the Agreement, Pets Unlimited shall have the right to refuse an order or request or attach special conditions to implementation, such as an advance payment.
Article 5 Registration
5.1 In order to use the Website most efficiently, the Customer must sign up using the registration form/the account signup option available on the Website.
5.2 During the registration process, the Customer may choose a password to log into the Website subsequent to registration. The Customer himself shall be responsible for choosing a sufficiently reliable password.
5.3 The Customer must keep his login details strictly confidential. Pets Unlimited shall not be held liable for any misuse of these log in details and may presume at all times that the Customer signing up on the website is a Customer indeed. Whatever happens through the Customer’s account, shall be under the Customer’s responsibility and at his own risk.
5.4 If the Customer knows or suspects that his login details have fallen into unauthorised hands, he must change his password as soon as possible and/or notify Pets Unlimited on this misuse, allowing Pets Unlimited to take appropriate measures.
Article 6 Executing the Agreement
6.1 Once Pets Unlimited has received the order, Pets Unlimited shall send the products with due consideration of the provision of this article, forthwith yet within no more than 30 days.
6.2 In case the Customer places an order for the regular delivery of products, the first product shall be sent out as soon as possible. Then the delivery of the product shall be continued on a regular basis for a period of one (1) year. The delivery frequency shall be agreed upon through the Website.
6.3 After the first year, the agreement for the regular delivery of products shall be tacitly renewed. Following the tacit renewal, the Customer may discontinue the regular delivery with due consideration of a 1-month notice.
6.4 Pets Unlimited shall have the right to engage third parties in meeting any obligations arising from the Agreement.
6.5 Delivery may take place in different manners opted for by Pets Unlimited, unless agreed or stated otherwise.
6.6 If the Customer, acting in the pursuance of a profession or company, wishes to resell products, these products shall be offered in the original packaging without any changes.
6.7 If Pets Unlimited is unable to deliver products within the agreed period of time, it shall notify the Customer on this delay. The Customer not acting in the pursuance of a profession or company may in such case agree to a new delivery date or he shall be given the possibility to dissolve the Agreement free of charge. The Customer acting in the pursuance of a profession or company shall never be entitled to compensation in whatever form involving the overdue delivery or non-delivery.
6.8 If the product ordered is no longer available, Pets Unlimited shall have the right to deliver a similar product of similar quality. The Customer not acting in the pursuance of a profession or company may upon notification thereof dissolve the Agreement free of charge and return the product at no cost.
6.9 Upon dissolution of the Agreement pursuant to the provisions of this article, Pets Unlimited shall refund any advance payments as soon as possible yet at least within 14 days.
6.10 If the Customer has chosen to collect the order instead of having it delivered, the Customer must collect the order within 30 days of confirmation. The Customer must make an appointment for collection. If the Customer fails to collect the product at the agreed date and time, the Customer shall be charged storage fees as of the day following this date.
Article 7 Returns
7.1 The Customer acting in the pursuance of a profession or company does not have the right of withdrawal. Hence, this article only applies to the Customer not acting in the pursuance of a profession or company.
7.2 The Customer has the right to dissolve the distance Agreement entered into with Pets Unlimited within 14 calendar days after receiving the product, without stating reasons. This is the 14-day trial period.
7.3 The period referred to in article 7.2 commences on the day after the Customer, or a third party designated by him, not being the carrier, has received the product, or:
in case the Customer has ordered several products within a single order: the day upon which the Customer, or a third party designated by him, has received the last product;
if the delivery of a product consists of several shipments or parts: the day upon which the Customer, or a third party designated by him, has received the final shipment or the last part thereof;
in case of Agreements for regular delivery of products during a specific period of time: the day upon which the Customer, or a third party designated by him, has received the first product.
7.4 In accordance with paragraph 2 of this article, the Customer may dissolve the Agreement by notifying Pets Unlimited within this period on the fact that he wishes to refrain from acquisition. Pets Unlimited shall then provide the return instructions. In most cases, the Customer must return the product as soon as possible, yet within 14 days of the date of dissolution.
7.5 The Customer is responsible for the products. To the extent reasonably possible, Pets Unlimited wishes to receive the products in their original, unchanged and unopened packaging.
7.6 The Customer shall only be held liable for the reduced value of the product as a result of a way of handling the product beyond what is necessary to determine the nature, features and operation of products.
7.7 Upon withdrawal of a service or subscription, the Customer shall only be obliged to pay the (subscription) fees for the service until the moment of dissolution.
7.8 Products may be returned using the RMA form provided by the customer service of Pets Unlimited, which can be visibly attached to the extra outer packaging of the return product. Products may also be returned including the European sample form for revocation, which is made available on the Website.
7.9 The Customer is to receive the entire purchase amount as soon as possible, however within 14 days of dissolution. Any shipping charges shall be refund, unless the Customer only sends back part of the order. Repayment shall be made using the same payment method the Customer has paid with. No costs shall be charged for this.
7.10 The Customer himself is responsible for and bares the risk of returns and he is also responsible for any return charges. If these costs exceed the regular postal rates, Pets Unlimited shall provide an estimation of these costs.
7.11 The following products are excluded from the right of withdrawal, such that these cannot be returned:
Any products created by Pets Unlimited according to the Customer’s specifications (customised products);
Any products that might spoil or become old;
Any products that for health protection reasons or hygiene are not suitable for return and of which the seal was broken after delivery, such as, yet not limited to, meals for animals.
Article 8 Payment
8.1 The Customer must pay Pets Unlimited using the payment methods referred to in the ordering process and any payment methods stated on the Website. Pets Unlimited shall be free in offering payment methods and these methods may change from time to time. In the event of payment after delivery, the Customer must make the payment within a period of 14 days, commencing on the day after delivery.
8.2 The possibility to pay after delivery is offered in the ordering process on the Website.
8.3 Payment becomes immediately claimable in case the Customer has been declared bankrupt, applies for a moratorium, or in case his assets have been seized, in case he goes into liquidation or has been dissolved.
8.4 If the Customer fails to meet his payment obligation(s) on time, then after being summoned by Pets Unlimited regarding his overdue payment, and after Pets Unlimited has given the Customer 14 days to meet his payment obligations as yet, then Pets Unlimited may after this period charge statutory interest over the indebted amount and also charge any extrajudicial costs incurred by Pets Unlimited.
Article 9 Warranty and conformity
9.1 This article shall only apply to the Customer not acting in the pursuance of a profession or company. If Pets Unlimited gives a separate warranty on products, then this shall apply to all types of Customers, notwithstanding the above provision.
9.2 Pets Unlimited warrants that all products meet the Agreement, any specifications stated in the offer, the reasonable requirements regarding suitability and/or usability as well as the statutory provisions and/or government regulations existing on the date upon which the Agreement came into effect. Any defects or damage resulting from the careless or improper use of the product, or the failure to observe the user manual included, shall remain the responsibility of the Customer.
9.3 The Customer is expected to inspect the products delivered as soon as possible, communicating any defects established within a reasonable amount of time, preferably in writing.
9.4 If the product delivered fails to meet the Agreement upon delivery, (or is delivered in broken condition), the Customer must notify Pets Unlimited within no more than two (2) months after discovering the defect. After this period, the Customer shall not be entitled to any recovery, replacement, compensation and/or refund.
9.5 If a complaint is justified, then after consulting the Customer, the products in question shall be repaired, replaced or (partly) compensated for.
9.6 If the Customer returns a delivery based on the provision stated in this article, Pets Unlimited shall be responsible for the return charges.
Article 10 Complaint procedure
10.1 If the Customer has a complaint about a product and/or any other aspect of services delivered by Pets Unlimited, he may complain to Pets Unlimited by telephone, email or post. See the contact details provided underneath these General Terms and Conditions.
10.2 Pets Unlimited shall respond to the Customer’s complaint as soon as possible, but at least within 14 days after receiving the complaint. If Pets Unlimited is not yet in a position to respond intrinsically or officially, Pets Unlimited is to confirm having received the complaint within 14 days and indicate the period within which it shall respond intrinsically or officially to the Customer’s complaint.
10.3 The Customer not acting in the pursuance of a profession or company may also submit a complaint using the European dispute settlement platform, available at http://ec.europa.eu/odr/.
Article 11 Liability
11.1 This article only applies to the Customer acting in the pursuance of a profession or company.
11.2 The total liability of Pets Unlimited vis-à-vis the Customer due to an attributable failure to observe the Agreement is limited to the compensation of no more than the amount stipulated prior to this Agreement (including VAT).
11.3 The liability of Pets Unlimited vis-à-vis the Customer for any indirect loss, including at least – but explicitly not limited to – consequential loss, lost profits, lost savings, lost data and loss due to business interruption is excluded.
11.4 In addition to those cases referred to in the previous two paragraphs of this article, Pets Unlimited shall by no means be held liable vis-à-vis the Customer for any compensation, regardless of the grounds on which a claim for compensation might be based. Any restriction or exclusion of liability referred to in the Agreement or in the General Terms and Conditions shall not apply if and insofar loss followed from an intentional act or the wilful recklessness of Pets Unlimited.
11.5 The liability of Pets Unlimited vis-à-vis the Customer due to the attributable failure to observe the Agreement shall only come about after the Customer has given Pets Unlimited proper and written notice of default forthwith, hereby stating a reasonable period of time to undo the shortcoming, and Pets Unlimited continues to fail to meet its obligations after this period of time. The notice of default should include a most detailed description of the shortcoming, thus allowing Pets Unlimited to respond duly.
11.6 The condition for any right to compensation coming about is that the Customer must always notify Pets Unlimited on the loss in writing and as soon as possible, but within no more than 30 days after the loss presented itself.
11.7 In case of force majeure, Pets Unlimited shall not be obliged to compensate the Customer for any loss resulting therefrom. In addition to whatever is covered by the law and jurisprudence force majeure shall at least mean: the inability to meet obligations due to (a lurking) war, fire, water damage, floods, factory sit-in, strike, import/export restrictions, defective machinery, disrupted delivery of primary resources such as energy, water, internet and disrupted telecommunications infrastructure, or in the event of storage and transport problems, beyond the control and scope of risk of Pets Unlimited.
11.8 Insofar as Pets Unlimited, at the time when force majeure takes effect, has met or shall meet the obligation arising from the Agreement, Pets Unlimited shall have the right to invoice separately the part already met or yet to be met, insofar as this part has an independent value. The Customer must pay the invoice. If the Customer has paid in advance, Pets Unlimited shall only be obliged to credit the part not met due to force majeure.
Article 12 Retention of title
12.1 The ownership of products shall only be transferred to the Customer upon the full payment of the agreed amount.
12.2 The risk pertaining to these products shall be transferred to the Customer upon delivery of the products at the delivery address provided or upon pick-up, upon transfer of the products. When explicitly agreed, the risk shall be transferred to the Customer earlier on.
12.3 In the event of bankruptcy, provisional moratorium, seizure or placement under guardianship, those products the ownership of which has not been transferred yet shall be immediately claimable by Pets Unlimited.
12.4 If the Customer acting in the pursuance of a profession or company fails to meet the obligations arising from the Agreement or these General Terms and Conditions on time, Pets Unlimited may claim the ownership of the delivered products.
Article 13 Personal data
13.1 Pets Unlimited shall processes the Customer’s personal details in accordance with the privacy statement published on the Website.
Article 14 Final provisions
14.1 The Agreement is subject to Netherlands law.
14.2 Unless otherwise prescribed by mandatory law, any disputes which might arise from the Agreement shall be submitted to the competent courts in the district of Gelderland (the Netherlands).
14.3 In case any provision of these General Terms and Conditions should be void, then this shall not interfere with the validity of the entire General Terms and Conditions. In such case, the Parties shall adopt (a) new provision(s), which shall approximate the intent of the original provision as much as possible.
14.4 Pets Unlimited may at all times amend these General Terms and Conditions. Pets Unlimited is to notify the Customer of these amendments by email and/or on the Website, within two (2) months at the most of the entry into force thereof. Any non-substantive amendments of minor significance may be introduced at all times without requiring any notification.
Contact details
If you might have any questions, having read these General Terms and Conditions, please feel free to contact us.
Pets Unlimited
Exa 32
6902 KH Zevenaar
The Netherlands
T | 026-3194308
E | info@dayes.eu
CoC 08042989
VAT NL006876419B01