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 right of withdrawal
- Article 9 - The price
- Article 10 - Conformity and warranty
- Article 11 - Delivery and execution
- Article 12 - Continuing performance contracts; duration, termination and renewal
- 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 definitions apply:
- Reflection period: the period during which you can exercise your right of withdrawal.
- Consumer: you, the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
- Day: a calendar day.
- Continuing performance contract: a distance contract relating to a series of products and/or services, where the delivery and/or purchase is spread over a longer period.
- Durable medium: any means by which you can store information addressed personally to you, so that you can retrieve it later and reproduce it unchanged.
- Right of withdrawal: your option to withdraw from 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: a contract concluded through a system organized by us for the distance sale of products and/or services, whereby up to and including the conclusion of the contract, only one or more 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 simultaneously present in the same room.
- General Terms and Conditions: these General Terms and Conditions of ours.
Article 2 – Identity of the entrepreneur
- HeroFur
- Chamber of Commerce: 97451010
- Email: info@herofur.com
- Address: Laan van Westroijen 6, 4003 AZ Tiel
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be 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 inspected 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 derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. 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 electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the most favorable applicable provision in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will remain in effect for the remainder, and the relevant provision will be replaced by mutual agreement without delay by a provision that approximates the original as much as possible.
6. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adapt 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 good 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 give rise to compensation or dissolution of the agreement.
5. Images accompanying 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 way 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 amount of 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 method used. Whether the agreement will be 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 data provided by him in the context of the agreement and, if desired, correct them. Any other languages in which, in addition to Dutch, the agreement can be concluded. The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically. And the minimum duration of the distance contract in the case of a continuing performance contract.
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 the fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. 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 transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, 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 data carrier: The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal. Information about guarantees and existing after-sales service.
The data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement. The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into under the suspensive condition 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 stating reasons for 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and its 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 exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must do this by means of the model form or by means of another communication method, such as by email. After the consumer has made known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
4. If the customer has not made known his desire to exercise his right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3 have expired, the purchase is a fact.
Upon delivery of services:
1. When providing services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting on the day of entering into the agreement.
2. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the costs of return shipment will be borne by him at most.
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. However, this is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be provided. The refund will be made 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 any depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the
purchase agreement.
Article 7a – Additional 30-day money-back guarantee
1. In addition to the statutory right of withdrawal of 14 days, the entrepreneur offers an additional 30-day money-back guarantee.
2. This guarantee is valid for up to 30 days after receipt of the order.
3. When making use of this additional guarantee, the consumer will receive the purchase amount of the returned products back. Any shipping costs for the outward shipment will not be reimbursed for returns after 14 days.
4. Return costs remain at the expense of the consumer.
5. This additional guarantee does not affect the statutory right of withdrawal.
Article 8 - Exclusion of 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 is only valid if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products: that have been created by the entrepreneur according to the consumer's specifications; that are clearly personal in nature; that cannot be returned due to their nature; that can spoil or age quickly; the price of which 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: relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period; the delivery of which has commenced with the explicit consent of the consumer before the reflection period has expired; relating to bets and lotteries.
Article 9 - The Price
1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. In derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are target prices will be mentioned 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: these are the result of legal regulations or provisions; or the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer for products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the
entrepreneur is not obliged to deliver the product according to 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 soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. 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 only covers material and manufacturing defects.
3. Any defects or wrongly 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 himself or has had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly, or have been used contrary to the instructions of the entrepreneur and/or on the packaging;
- damage has arisen due to use, pets, incorrect or improper use, dropping or bumping, or normal wear and tear;
- the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
5. Minor scratches, smudges, or minimal imperfections that may arise during production or packaging and that do not affect the function or use of the product are not covered by the warranty and do not entitle to replacement or refund.
6. The entrepreneur is never responsible for the ultimate suitability of the products for each 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 turns out not to be suitable 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 execution
1. The entrepreneur will exercise the greatest possible care when receiving and executing product orders 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. Subject to the provisions in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than 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 only partially, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of 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 pre-designated representative known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Continuing performance contracts: duration, termination and renewal
Termination
1. The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements referred to in the previous paragraphs: at any time and not be limited to termination at a specific time or in a specific period; at least terminate in the same way as they were entered into by him; always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal
1. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a definite period.
2. In derogation from the previous paragraph, an agreement entered into for a definite period and which 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 no more than one month.
3. An agreement entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than 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 commencement of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has the obligation to immediately report inaccuracies in provided or stated payment data to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, 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 implementation of the agreement must be submitted to the entrepreneur fully and clearly described 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 respond within the 14-day period with a notice of receipt and an indication of 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 case of complaints, a consumer should first turn to the entrepreneur. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr). The webshop is currently not affiliated with a quality mark with a disputes 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 his option, 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 an attributable shortcoming of the entrepreneur in the performance of the agreement.
2. The entrepreneur is not liable for:
- damage to furniture, upholstery or other property, caused by (the use of) the product;
- damage to or by pets;
- indirect damage, consequential damage, lost profit or missed savings;
- damage resulting from incorrect, improper or careless use, or use contrary to the (safety) instructions or directions on the packaging.
3. The liability of the entrepreneur is, to the extent permitted by law, limited to the amount of the relevant purchase price of the product.
4. The exclusions and limitations contained in this article do not affect the consumer's legal rights and do not apply in cases of intent or conscious recklessness on the part of the entrepreneur, nor for liability that may not be excluded or limited by law (including liability for death or injury).
Article 16 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This also applies if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 17 - Intellectual Property and additional provisions
1. All intellectual property rights relating to HeroFur products, their design, styling, and the concepts used remain with HeroFur at all times. 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 consent from HeroFur.
2. Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment 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 post these reviews on our website, as long as they remain within the bounds of reasonableness and decency.