General Terms and Conditions

Table of Contents

  • Article 1 - Definitions
  • Article 2 - Identity of the entrepreneur
  • Article 3 - Applicability
  • Article 4 - The offer
  • Article 5 - The agreement
  • Article 6 - Right of withdrawal
  • Article 7 - Costs in case of withdrawal
  • Article 8 - Exclusion of the right of withdrawal
  • Article 9 - The price
  • Article 10 - Conformity and warranty
  • Article 11 - Delivery and implementation
  • Article 12 - Duration transactions; duration, termination and extension
  • Article 13 - Payment
  • Article 14 - Complaints procedure
  • Article 15 - Liability
  • Article 16 - Disputes
  • Article 17 - Intellectual Property and additional provisions
  • Article 18 - Reviews

Article 1 - Definitions

In these terms and conditions, the following terms are understood to mean:

  • Reflection period: the period during which you can make use of your right of withdrawal.
  • Consumer: you, the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
  • Day: a calendar day.
  • Duration transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over a longer period.
  • Durable medium: any tool that allows you to store information addressed personally to you, so that you can consult it later and reproduce it unchanged.
  • Right of withdrawal: your possibility to waive the distance contract within the reflection period.
  • Model form: the withdrawal form that we offer you and that you can fill in if you wish to exercise your right of withdrawal.
  • Entrepreneur: we, the natural or legal person who offers products and/or services to you at a distance.
  • Distance contract: an agreement that is concluded via a system organized by us for the distance sale of products and/or services, whereby up to and including the conclusion of the agreement, only techniques for distance communication are used.
  • Technique for distance communication: any means that can be used to conclude an agreement without you and us being present in the same room at the same time.
  • General Terms and Conditions: these General Terms and Conditions of ours.

Article 2 – Identity of the entrepreneur

  • HeroFur
  • Chamber of Commerce (KVK): 97451010
  • E-mail: info@herofur.com

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge as soon as possible at the consumer's request.

3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple way on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted by electronic means and that they will be sent free of charge by electronic or other means at the consumer's request.

4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.

5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced by mutual agreement without delay by a provision that approaches the intent of the original as closely as possible.

6. Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

4. All images, specifications, and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.

5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

6. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular: the price including taxes and any shipping costs. The manner in which the agreement will be concluded and what actions are required for this; whether or not the right of withdrawal applies. The method of payment, delivery, and execution of the agreement. The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price. The rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used. Whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer. The way in which the consumer, before concluding the agreement, can check the information provided by him in the context of the agreement and, if desired, correct it. Any other languages in which, in addition to Dutch, the agreement can be concluded. The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct by electronic means. And the minimum duration of the distance contract in the event of a duration transaction.

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.

2. If the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate safety measures for this.

4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds for not entering into the agreement based on this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal. Information about warranties and existing service after purchase.

The information included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

7. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in its original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known using the model form or by another means of communication such as e-mail. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.

4. If the customer has not indicated after the expiry of the periods mentioned in paragraphs 2 and 3 that he wishes to use his right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.

Upon delivery of services:

1. Upon delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.

2. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, at most the costs of return shipment will be for his account.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop owner or conclusive proof of complete return shipment can be provided. Refund will take place via the same payment method used by the consumer, unless the consumer explicitly gives permission for another payment method.

3. In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.

4. The consumer cannot be held liable for depreciation of the product if all legally required information about the right of withdrawal has not been provided by the entrepreneur; this must happen before the conclusion of the purchase agreement.

Article 7a – Additional 30-day money-back guarantee

1. In addition to the legal 14-day right of withdrawal, the entrepreneur offers an additional 30-day money-back guarantee.

2. This guarantee is valid up to 30 days after receipt of the order.

3. When using this additional guarantee, the consumer receives the purchase amount of the returned products back. Any shipping costs of the initial shipment will not be refunded for returns after 14 days.

4. Return costs remain for the account of the consumer.

5. This additional guarantee does not affect the legal right of withdrawal.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products: which have been created by the entrepreneur in accordance with the consumer's specifications; which are clearly personal in nature; which cannot be returned due to their nature; which can spoil or age quickly; whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; for loose newspapers and magazines; for audio and video recordings and computer software of which the consumer has broken the seal; for hygienic products of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services: concerning accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period; whose delivery has begun with the consumer's express consent before the reflection period has expired; concerning bets and lotteries.

Article 9 - The Price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.

2. In deviation from the previous paragraph, the entrepreneur can offer products or services with variable prices whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This tie to fluctuations and the fact that any prices stated are target prices will be stated in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: they are the result of statutory regulations or provisions; or the consumer has the authority to terminate the agreement as of the day the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.

6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

1. The entrepreneur guarantees that the products and/or services 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 the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. The warranty period is 12 months after the delivery date. The warranty relates exclusively to material and manufacturing defects.

3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.

4. The warranty does not apply if:

    • the consumer has repaired and/or modified the delivered products themself or has had them repaired and/or modified by third parties;
    • the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly, or have been used contrary to the instructions of the entrepreneur and/or on the packaging;
    • damage has arisen due to use, pets, improper or injudicious use, dropping or knocking, or normal wear and tear;
    • the defect is wholly or partially the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

5. Small scratches, smudges, or minimal irregularities that may occur during production or packaging and that do not affect the functioning or use of the product are not covered by the warranty and do not entitle the consumer to replacement or a refund.

6. The entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

7. If the product does not yield the desired result or proves unsuitable for the specific animal or use, this is not covered by the 12-month product warranty as referred to in paragraph 2. This does not affect the statutory right of withdrawal and the additional 30-day money-back guarantee.

Article 11 - Delivery and implementation

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has made known to the company.

3. With due observance of what is stated about this in paragraph 4 of this article, the company will execute accepted orders with reasonable speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.

4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.

5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.

6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration transactions: duration, termination and extension

Termination

1. The consumer may at all times terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period of at most one month.

2. The consumer may at all times terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at the end of the definite period, subject to agreed termination rules and a notice period of at most one month.

3. The consumer may terminate the agreements mentioned in the previous paragraphs: at any time and not be limited to termination at a certain time or in a certain period; at least in the same way as they were entered into by them; always terminate with the same notice period as the entrepreneur has stipulated for themself.

Extension

1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

2. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.

3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may at any time terminate with a notice period of at most one month and a notice period of at most three months in case the agreement extends to the regular, but less than once per month, delivery of daily news and weekly newspapers and magazines.

4. An agreement with a limited duration for the regular introduction of daily news and weekly newspapers and magazines (trial or introductory subscription) is not continued tacitly and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than a year, the consumer may terminate the agreement at any time after a year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

2. The consumer has the duty to report inaccuracies in provided or stated payment data to the entrepreneur without delay.

3. In the event of non-payment by the consumer, the entrepreneur has, subject to statutory restrictions, the right to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will answer within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

5. In the case of complaints, a consumer must first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr). The webshop is currently not affiliated with a quality mark with a dispute committee.

6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Liability

1. The entrepreneur is only liable for direct damage that is the direct and exclusive result of a culpable shortcoming of the entrepreneur in the fulfillment of the agreement.

2. The entrepreneur is not liable for:

    • damage to furniture, upholstery or other property arising from (the use of) the product;
    • damage to or by pets;
    • indirect damage, consequential damage, lost profit or missed savings;
    • damage that is the result of incorrect, injudicious or careless use, or use in violation of the (safety) instructions or directions on the packaging.

3. The liability of the entrepreneur is, insofar as legally permitted, limited to the amount of the relevant purchase price of the product.

4. The exclusions and limitations included in this article do not affect the statutory consumer rights and do not apply in the case of intent or deliberate recklessness on the part of the entrepreneur, nor for liability that may not be legally excluded or limited (including liability for death or injury).

Article 16 - Disputes

1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Also if the consumer resides abroad.

2. The Vienna Sales Convention does not apply.

Article 17 - Intellectual Property and additional provisions

1. All intellectual property rights regarding HeroFur products, the design, the layout and the concepts used remain at all times with HeroFur. Reverse engineering, reproduction, imitation, technical analysis for reproduction purposes or any form of commercial exploitation of the product or parts thereof is strictly prohibited without prior written permission from HeroFur.
2. Additional or deviating provisions from these general terms and conditions may not be to the disadvantage of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 18 - Reviews

After your purchase, we may invite you to leave a review about your experience with our webshop. We reserve the right to place these reviews on our website, provided they remain within the limits of reasonableness and decency.