Polski
Article 1: Definitions
DRD Knaagdierwinkel B.V., established in Hoogeveen, Chamber of Commerce number 94167338, is referred to in these general terms and conditions as the seller.
The other party to the seller is referred to in these general terms and conditions as the buyer.
The parties are the seller and the buyer together.
The agreement refers to the purchase agreement between the parties.
Where "animals" or "rodents" is written, it refers to "non-food producing pets".
Article 2: Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
Deviation from these terms and conditions is only possible if this has been expressly agreed in writing by the parties.
Article 3: Payment
The full purchase price is always paid immediately in the store. In some cases, a down payment is expected for reservations. In that case, the buyer will receive proof of reservation and the advance payment.
If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
If the buyer remains in default, the seller will proceed to collection. The costs relating to that collection will be borne by the buyer. These collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller's claims on the buyer are immediately due and payable.
If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.
Article 4: Offers, quotations and price
Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that stated term, the offer will lapse.
Delivery times in quotations are indicative and do not entitle the buyer to termination or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
Offers and quotations do not automatically apply to repeat orders. Parties must agree to this explicitly and in writing.
The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.
The price stated before is always a recommended price, not an offer. The crossed-out price that can be seen with products is a recommended price, the price that is not crossed out is our price. This is therefore not an offer.
Article 4: Offers, quotations and price
Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that stated term, the offer will lapse.
Delivery times in quotations are indicative and do not entitle the buyer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
Offers and quotations do not automatically apply to repeat orders. The parties must expressly agree this in writing.
The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.
The price stated before is always a recommended price, not an offer. The crossed-out price that can be seen with products is a recommended price, the price that is not crossed out is our price. This is therefore not an offer.
Article 5: Right of withdrawal
The consumer has the right to dissolve the agreement within 14 days after receiving the order without giving reasons (right of withdrawal). The term starts from the moment that the (entire) order has been received by the consumer.
There is no right of withdrawal if the products are custom-made according to his specifications or have a short shelf life.
The consumer can use a withdrawal form from the seller. The seller is obliged to make this available to the buyer immediately after the buyer's request.
During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all accessories supplied and - if reasonably possible - in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur. Excluded from revocation are perishable products and living products such as plants
Excluded are terrariums. In case of refusal, all costs of shipping and return will be charged to the customer.
Article 6: What happens if your package cannot be delivered or is refused?
Delivery to a collection point
If your package cannot be delivered, it will be taken to a collection point. If you do not collect it there, return costs will be charged, equal to the shipping costs for the outward shipment.
Incorrect address
If you provide an incorrect address, the return costs will be charged. As soon as the package has been returned, your order will be (partially) cancelled.
Refusal at the door
If you refuse the package at the door, return costs will be charged. The order will be cancelled as soon as the package has been returned.
Avoid costs
Check your address and collect your package on time to avoid unnecessary costs.
Article 7: Amendment of the agreement
If it appears during the execution of the agreement that it is necessary to change or supplement the work to be carried out for the proper execution of the assignment, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
If the parties agree that the agreement will be changed or supplemented, the time of completion of the execution may be affected. Seller shall inform buyer of this as soon as possible.
If the amendment of the supplement to the agreement has financial and/or qualitative consequences, seller shall inform buyer of this in writing in advance.
If parties have agreed on a fixed price, seller shall indicate to what extent the amendment or supplement to the agreement results in an excess of this price.
Notwithstanding the provisions of the third paragraph of this article, seller may not charge additional costs if the amendment or supplement is the result of circumstances that can be attributed to him.
Article 8: Delivery and transfer of risk
As soon as the purchased goods have been received by buyer, the risk passes from seller to buyer.
Article 9: Inspection, complaints
Buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within the shortest possible period.
In doing so, buyer must investigate whether the quality and quantity of the delivered goods correspond with what parties have agreed, or at least that the quality and quantity meet the requirements that apply to them in normal (commercial) transactions. Complaints regarding damage, shortages or loss of delivered goods must be submitted to the seller in writing within 2 working days after the day of delivery of the goods by the buyer.
If the complaint is found to be justified within the set period, the seller has the right to either repair or deliver again, or to cancel the delivery and send the buyer a credit note for that part of the purchase price.
Minor and/or industry-standard deviations and differences in quality, quantity, size or finish cannot be held against the seller.
Complaints regarding a specific product do not affect other products or components belonging to the same agreement.
After the goods have been processed by the buyer, no more complaints will be accepted.
Article 10: Samples and models
If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication, without the item to be delivered having to correspond to it. This is different if the parties have expressly agreed that the item to be delivered will correspond to it.
In agreements concerning immovable property, mention of the surface area or other dimensions and indications is also presumed to be intended only as an indication, without the item to be delivered having to correspond to it.
Article 11: Delivery
Delivery takes place "ex works/shop/warehouse". This means that all costs are for the buyer.
The buyer is obliged to take delivery of the items at the time that the seller delivers them to him or has them delivered, or at the time that these items are made available to him in accordance with the agreement.
If the buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, the seller is entitled to store the item at the expense and risk of the buyer.
If the items are delivered, the seller is entitled to charge any delivery costs. If the seller requires information from the buyer for the execution of the agreement, the delivery time commences after the buyer has made this information available to the seller.
A delivery period specified by the seller is indicative. This is never a fatal term.
The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or partial delivery has no independent value. In the event of delivery in parts, the seller is entitled to invoice these parts separately.
Article 12: Force Majeure
If the seller is unable to fulfil its obligations under the agreement, or is unable to do so in a timely manner or properly due to force majeure, it is not liable for any damage suffered by the buyer. Force majeure shall in any case be understood by the parties to mean any circumstance which the seller could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be expected by the buyer, such as illness, war or threat of war, civil war and riot, molestation, sabotage, terrorism, power failure, flooding, earthquake, fire, occupation of a company, strike, lockout, changed government measures, transport difficulties, and other disruptions in the seller's business.
Furthermore, the parties shall understand force majeure to mean the circumstance that suppliers on which the seller depends for the performance of the agreement do not meet their contractual obligations towards the seller, unless this is attributable to the seller.
If a situation as referred to above occurs as a result of which the seller cannot meet its obligations towards the buyer, these obligations shall be suspended for as long as the seller cannot meet its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties shall have the right to terminate the agreement in writing in whole or in part. If the force majeure lasts longer than three months, the buyer has the right to terminate the agreement with immediate effect. Termination is only possible by registered letter.
Article 13: Transfer of rights
Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision applies as a clause with property law effect as referred to in article 3:83, paragraph 2, of the Dutch Civil Code.
Article 14: Retention of title and right of retention
The goods present at the seller and delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can invoke his retention of title and take back the goods.
If the agreed advance payments are not paid or not paid on time, the seller has the right to suspend the work until the agreed part has been paid. This is considered a creditor's default. In that case, a late delivery cannot be held against the seller. Seller is not authorized to pledge or otherwise encumber the items subject to retention of title.
Seller undertakes to insure and keep insured the items delivered to buyer subject to retention of title against fire, explosion and water damage as well as against theft and to make the policy available for inspection upon first request.
If items have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, seller has the right of retention. The item will then not be delivered until buyer has paid in full and in accordance with the agreement.
In the event of liquidation, insolvency or suspension of payment of buyer, the seller is obliged to obligations of the buyer immediately due and payable.
Article 15: Liability
Any liability for damage resulting from or related to the performance of an agreement is always limited to the amount paid out in the relevant case by the concluded liability insurance(s). This amount is increased by the amount of the deductible according to the relevant policy.
The seller is not liable for damage resulting from intent or deliberate recklessness of the seller or his managerial subordinates.
Article 16. Address details
It is the customer's responsibility to enter the shipping address correctly and/or to check it if it has already been entered. The shipping costs or any additional shipping costs in connection with incorrect address details will not be reimbursed.
DRD Knaagdierwinkel is not liable for the delay or loss of a shipment due to incorrectly entered address details.
Article 17: Obligation to complain
If guarantees are included in the agreement, the following applies. Seller guarantees that the sold goods correspond to the agreement, that they will function without defects and that they are suitable for the use that the buyer intends to make of them.
The guarantee in question is intended to create such a risk distribution between seller and buyer that the consequences of a breach of a guarantee are always entirely for the account and risk of the seller and that the seller can never invoke article 6:75 BW in respect of a breach of a guarantee. The provision in the previous sentence also applies if the infringement was known to the buyer or could have been known by conducting an investigation.
The guarantee mentioned does not apply if the defect arose as a result of improper or inappropriate use or if – without permission – the buyer or third parties have made or attempted to make changes or have used the purchased goods for purposes for which they are not intended.
If the guarantee provided by the seller relates to an item produced by a third party, the guarantee is limited to the guarantee provided by the producer.
Article 18. Validity of gift vouchers and savings points
A gift voucher is valid for 2 years after purchase
Savings points have no monetary value and can only be redeemed in our webshop according to the conditions applicable at that time.
Savings points remain valid for 24 months. If the customer's account has not been active for a period of 24 months, all accumulated savings points will expire.
An account is considered inactive if no purchase or exchange of savings points has taken place for 24 months.
We reserve the right to change or terminate the savings system and the associated conditions at any time.
Article 19: Applicable law and competent court
Dutch law applies exclusively to every agreement between the parties.
The Dutch court in the district where DRD Knaagdierwinkel B.V. is established/practices/has an office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
The applicability of the Vienna Sales Convention is excluded. If one or more provisions of these general terms and conditions are deemed to be unreasonably onerous in legal proceedings, the other provisions will remain in full force.
