Article 1. Defintions
The following definitions are used in these general terms and conditions:
Customer: The Consumer who makes an enquiry or order with www.PetsLoverz.com.
General Terms and Conditions: These General Terms and Conditions of
Grace Period: The period within which the Customer can exercise his or her Right of Withdrawal.
Consumer: The natural person who is not acting for purposes related to his trade, craft or profession.
Right of Withdrawal: The Customer's ability to waive the Agreement within the Reflection Period.
Product: Product(s) to be supplied by www.PetsLoverz.com to the Customer on the basis of an Agreement.
Agreement: Every Agreement concerning the Client's placing of an order with www.PetsLoverz.com. The Agreement consists in any case of these General Terms and Conditions.
Parties: PetsLoverz and the Customer.
Article 2. Applicability
2.1 These General Terms and Conditions shall apply to and form an inseparable part of all Agreements between the Parties and all quotations or offers issued by PetsLoverz. The General Terms and Conditions of PetsLoverz prevail at all times.
2.2 If these General Terms and Conditions apply or have applied once to a legal relationship between PetsLoverz and the Client, the Client shall be deemed to have agreed in advance to the applicability of these General Terms and Conditions to agreements concluded and to be concluded thereafter.
2.3 Deviations from these General Terms and Conditions shall only be valid if expressly agreed in writing.
2.4 PetsLoverz is entitled to amend or supplement these General Terms and Conditions. Amendments or additions shall be notified to the Client in writing. The amended version of the General Terms and Conditions forms part of every Agreement concluded after the time of amendment.
2.5 Before an Agreement is concluded, the text of these General Terms and Conditions shall be made available to the Consumer; either by handing it over or by making it available electronically (via the PetsLoverz).
Article 3. The offer
3.1 Quotations and offers from PetsLoverz are revocable, without obligation and valid for the term specified therein. If no term is indicated, the quotation or offer shall be valid for 14 days from the date on which the quotation or offer was issued.
3.2 The offer contains a complete and accurate description of the Product offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Consumer. The available assortment depends on the agreed period in the Agreement and is sufficiently announced on the website. Obvious mistakes or obvious errors in the offer do not bind the Webshop.
3.3 Every offer contains such information that the rights and obligations attached to acceptance of the offer are clear to the Consumer. If a quotation or offer from PetsLoverz is accepted by the Consumer, PetsLoverz has the right to revoke the quotation or offer within two working days of becoming aware of this.
Article 4. The Agreement
4.1 The Agreement is only established by timely written/electronic (info@PetsLoverz.com) acceptance by PetsLoverz of an application form submitted by the Consumer or by the placing of an order by the Client.
4.2 PetsLoverz can investigate within statutory frameworks whether the Consumer can fulfill its payment obligations as well as all those facts and factors that are important for the responsible conclusion of the Agreement. If PetsLoverz has good grounds on the basis of this investigation not to enter into the Agreement, it is entitled to refuse the application by the Consumer or to attach special conditions to the performance.
Article 5. Price, rates, payment terms and collection costs
5.1 The prices charged by PetsLoverz are inclusive of VAT and exclusive of shipping costs.
5.2 Payment to PetsLoverz must be made prior to delivery.
5.3 If the Client fails to fulfill his payment obligation(s) on time, if it is agreed that payment is permitted immediately after delivery, then, after PetsLoverz has notified the Client of the late payment and given the Client a period of fourteen days to fulfill his payment obligation(s), the Client shall owe statutory interest on the outstanding amount and PetsLoverz shall be entitled to charge the extrajudicial collection costs incurred by it in this respect after the fourteen-day period has expired. These collection costs shall not exceed: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the following €5,000, all with a minimum of €40.
5.4 PetsLoverz may deviate from the stated amounts and percentages for the benefit of the Client.
5.5 If there are statutory rate increases, including VAT increases, PetsLoverz is entitled to implement these at all times and without delay. PetsLoverz may change the prices of a Product. Unless otherwise agreed, a price change will take effect immediately.
Article 6. Duration, termination and renewal
6.1 Unless otherwise agreed, the Agreement has a limited duration, for the period in which an order and delivery take place.
Article 7. Right of withdrawal
7.1 The Client may dissolve the Agreement during a Reflection Period of at least 14 days without giving reasons. PetsLoverz may ask the Customer for the reason for dissolution. The Customer is not obliged to give his or her reason for dissolution.
7.2 The Cancellation Period commences on the day after the Client has received the first Product. If the Client exercises his right of withdrawal, he shall notify PetsLoverz within the Cancellation Period using the model withdrawal form provided by PetsLoverz or in any other unambiguous manner. This can also be done via the PetsLoverz, in which case PetsLoverz will send a receipt confirmation without delay after receipt of this notification.
7.3 During the Reflection Period, the Customer shall handle the Product with care and behave with due diligence.
7.4 The risk and burden of proof for a correct and timely exercise of the Right of Withdrawal lie with the Customer.
7.5 If the Client exercises his right of withdrawal, the Agreement will be dissolved by operation of law. The Client shall hand over the Product to PetsLoverz and/or its delivery service as soon as possible, but within 14 days from the day following the day on which notification of the exercise of the right of withdrawal was given.
7.6 If the Client has exercised the right of withdrawal in a timely manner and has handed over the Product to PetsLoverz or its delivery person, PetsLoverz shall refund the money already paid within 14 days following the day on which the Client reported the withdrawal. Shipping costs for the return shipment shall be borne by the Client.
7.7 If the Client returns a damaged Product, PetsLoverz may retain a corresponding part of the refund sum. PetsLoverz will use the same means of payment that the Client used for repayment unless the Client agrees to another method.
Article 8. Obligations under Agreement
8.1 PetsLoverz guarantees that the Product complies with the Agreement, the specifications stated in the offer and the reasonable requirements of soundness and/or usability.
8.2 PetsLoverz has the right to engage third parties to enter into or execute the Agreement. PetsLoverz may transfer the rights and obligations arising from the Agreement with the Client to a third party without the Client's permission.
8.3 PetsLoverz shall not be obliged to fulfill any obligation towards the Client if PetsLoverz is prevented from doing so as a consequence of a circumstance which cannot be attributed to fault and for which PetsLoverz cannot be held accountable by virtue of the law, a legal act or generally accepted practice (force majeure). Force majeure also includes non-fulfilment of obligations by suppliers or subcontractors of PetsLoverz.
8.4 PetsLoverz has the right to suspend its obligations under the Agreement during the period of force majeure. If a situation of force majeure has lasted longer than thirty days, the Parties shall have the right to dissolve the Agreement. The risk and burden of proof of the proper exercise of the right of dissolution lies with the Party dissolving. What has already been performed under the Agreement shall in that case be settled proportionally.
8.5 The failure of PetsLoverz at any time to invoke a right or power vested in it under the Agreement or the law shall not constitute a waiver of that right or power.
8.6 Changes to delivery days or times are reserved. PetsLoverz makes every effort to observe the agreed delivery times as much as possible.
8.7 The risk of loss of or damage to a Product shall pass to the Customer at the time it is placed in the Customer's actual control.
Article 9. Deadlines
9.1 All deadlines specified by PetsLoverz or agreed between the Parties have been established to the best of PetsLoverz knowledge based on the information known to PetsLoverz at the time of entering into the Agreement. PetsLoverz makes every effort to meet the agreed deadlines as far as possible. The mere fact that a specified or agreed deadline has been exceeded does not constitute default on the part of PetsLoverz.
9.2 PetsLoverz is not bound by any deadline (for delivery or otherwise) which can no longer be met due to circumstances beyond its control which occurred after the Agreement was entered into. Nor shall PetsLoverz be bound by a deadline (for delivery or otherwise) if the Parties have agreed a change to the content or scope of the Agreement. If there is a risk that any deadline will be exceeded, PetsLoverz and the Client shall consult as soon as possible.
Article 10. Termination
10.1 The Parties may dissolve the Agreement in writing in full or in part with immediate effect, without the need for a written notice of default or court intervention and without being obliged to pay any damages or compensation, in the event that the other Party applies for a moratorium, files for its own bankruptcy its bankruptcy is applied for or its bankruptcy is pronounced, a substantial part of the other Party's assets are or have been seized, or in the event the other Party is or is declared subject to statutory debt rescheduling, or in the event the other Party must be deemed unable to fulfill its obligations.
10.2 Both the PetsLoverz and the Client have the right to dissolve the Agreement in whole or in part in the event that the other Party fails imputably in the fulfillment of its obligations under the Agreement and continues to fail imputably in the fulfillment of its obligations under the Agreement after having received a proper notice of default by registered mail with as many details as possible and after having been given a reasonable period of at least thirty days to fulfill its obligations.
10.3 If the Client has already received performances in the execution of the Agreement at the time of dissolution as referred to in this article, those performances and the related payment obligations will not be the subject of cancellation unless PetsLoverz is in default with respect to those performances. Amounts that PetsLoverz has invoiced before the dissolution for work already carried out or delivered by PetsLoverz in the execution of the Agreement shall remain due and shall become immediately payable at the time of dissolution.
10.4 Articles and provisions of these General Terms and Conditions and of the Agreement which by their nature are intended to continue to apply after the end of the Agreement shall remain in full force upon termination of the Agreement.
Article 11. Processing personal data
11.1 PetsLoverz shall process personal data of the Client if and to the extent necessary for the conclusion or performance of the Agreement.
11.2 To the extent required, by entering into the Agreement and agreeing to these General Terms and Conditions, the Customer unambiguously consents to the processing of personal data in accordance with the General Data Protection Regulation or the applicable laws and regulations governing the processing of personal data. The Customer has at all times the right to access, amend or delete its personal data in accordance with the privacy regulations. For this purpose, contact can be made via the e-mail address: info@PetsLoverz.com
Article 12. Complaints
12.1 Complaints should always be made known within two weeks of their arising. This can be done via the e-mail address info@PetsLoverz.com. The Client shall describe a complaint or shortcoming by PetsLoverz in as much detail as possible to enable an adequate response by PetsLoverz.
12.2 PetsLoverz will reply to any complaints within a reasonable period, which will be attempted within two weeks.
12.3 If the Product delivered to the Client contains damage or is incomplete, the Client shall notify PetsLoverz in accordance with the complaints procedure described above.
Article 13. Liability
13.1 The total liability of PetsLoverz on account of an attributable failure in the fulfillment of the Agreement, whether in tort or otherwise, shall be limited to compensation for direct damage up to a maximum of the amount paid or that should have been paid by the Client to PetsLoverz for the Product in question in accordance with the Agreement.
13.2 Any liability of PetsLoverz for damage other than direct damage, such as for consequential damage, derived damage, and immaterial damage is entirely excluded.
13.3 This article shall in no way limit PetsLoverz liability for damage resulting from deliberate intent or conscious recklessness on the part of PetsLoverz itself or third parties it engages.
13.4 A condition for the creation of any right to compensation is always that the Client reports the damage as soon as possible after it occurs and that PetsLoverz is given a reasonable period in which to repair it. The risk and burden of proof for the report shall lie with the Client.
13.5 Any right to compensation under this Article shall lapse in the event that no claim for compensation has been unequivocally made by the Customer within three months from the time the damage first manifested itself. The risk and burden of proof for the claim for damages lies with the Customer.
Article 14. Applicable law and choice of forum.
14.1 The Agreement and these General Conditions shall be governed by Dutch law.
14.2 Disputes related to and/or arising from the Agreement shall, to the extent permitted by law, be submitted to the competent court in Amsterdam, the Netherlands.