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Terms and conditions Dog’s Companion
Article 1. Applicability
1.1 The terms and conditions apply to all offers, orders and contracts of Dog’s Companion, based in Breda, the Netherlands. These terms and conditions will be sent to you upon request. These terms and conditions are also available via the internet; http://www.DogsCompanion.com
1.2 Accepting or making an order implies you accept the applicability of these terms and conditions.
1.3 Diverting from these terms and conditions is only possible after written notice or approval of Dog’s Companion.
1.4 All rights and entitlements, as stated in these terms and conditions, and any further agreements on behalf of Dog’s Companion are stipulated not only for Dog’s Companion, but also on behalf of Dog’s Companion enabled intermediaries and other third parties.
1.5 By using the website dogscompanion.com and/or placing an order, Buyer accepts these terms and conditions as well as all other rights and obligations as listed on the website.
1.6 These terms and conditions respect the rights of consumers resulting from the law (or sale).
Article 2. Offers/agreements
2.1 All offers from Dog’s Companion are without engagement and Dog’s Companion explicitly reserves the right to change the prices, particularly when necessary on the basis of legal requirements.
2.2 An agreement is established only after acceptance of your order by Dog’s Companion. Dog’s Companion is entitled to refuse orders or attach certain conditions to the delivery, unless this is explicitly stated. In case an order is not accepted, Dog’s Companion will notify of this within ten (10) days of receiving the order.
2.3 Dog’s Companion cannot be held to her offers when the consumer, in all fairness and according to general socio-economic participation, should have understood that the whole offer or a part of it, contained an obvious mistake or a clerical error.
Article 3. Prices and payments
3.1 The listed prices for the offered products and services are in euros, including taxes (VAT) and excluding shipping costs, possible other taxes or fees, unless specified otherwise or agreed upon in writing.
3.2 Dog’s Companion offers several payment methods. These can be divided into three categories. You can pay via wire transfer, Paypal or via credit card.
3.3 When paying via wire transfer, the date on which the Dog’s Companion bank account is credited is used as the date of payment. When paying with credit card the date of payment is set immediately.
3.4 If the prices for the offered products and services should increase in the period between ordering and the execution of the order, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notice by Dog’s Companion of the price increase
Article 4. Delivery
4.1 At the latest, the delivery term is 21 days after receiving the order, with the exception of wire transfers in which case the delivery term is 21 days at the latest, after receipt of payment. When exceeding this term, the counterparty will be informed as soon as possible and will be offered the possibility to dissolve the agreement or cancel the order. Any payments already made will be reimbursed within 14 days after dissolving the agreement.
4.2 The delivery of the products will occur at the time and place at which the products are ready to be sent.
Article 5. Guarantee
5.1 Dog’s Companion guarantees that the offered products meet the normal expected requirements and standards and are free of technical flaws.
5.2 The above guarantee is valid for a period of six months after delivery, unless agreed otherwise with the consumer.
5.3 The above guarantee is not valid when the flaw has arisen as a result of improper or inappropriate use or when, without the written consent of Dog’s Companion, consumer or third parties have made changes or tried to do so or used it for purposes for which the product is not intended.
Article 6. Reservation of title
6.1 The ownership of delivered products passes on, the moment when everything that was owed to Dog’s Companion has been fully paid for. The risk concerning the products is already transferred on delivery.
Article 7. Intellectual and industrial property rights
7.1 You must completely and unconditionally comply with all intellectual and industrial property rights which rest on the Dog’s Companion products.
7.2 Dog’s Companion does not guarantee that the products delivered to you do not infringe on any intellectual (unwritten) and/or industrial property rights of third parties.
Article 8. Dissolution, return, exchange
8.1 Upon delivery, you have the obligation to determine whether the products comply to the agreement. If this is not the case, you must inform Dog’s Companion in writing, stating reasons, as soon as possible and, in any event, within thirty (30) working days after delivery, or at least after discovery was reasonably possible..
8.2 If you, for whatever reason, do not wish to accept a product, you have the right to return the product to Dog’s Companion within fourteen (14) days after the delivery. Returned goods are only accepted if the product and the package are completely undamaged and in unused condition. The shipping costs for the returned goods are at the expense of the consumer.
8.3 Dog’s Companion will reimburse your money within fourteen (14) days after receiving the returned goods.
Article 9. Ordering/communication
9.1 For misunderstanding, mutilations, delays or improper communication of order information or notices as a result of using the internet or any other means of communications between you and Dog’s Companion, or between Dog’s Companion and third parties, to the extent that they apply to the relationship between Dog’s Companion and you, Dog’s Companion is not liable unless, and to a certain extent, there has been intentional or serious misconduct by Dog’s Companion.
Article 10. Personal data
10.1 Dog’s Companion will file your data as provided by you. This data will only be used for executing your order. The personal data you provided can be requested via e-mail and can be adjusted or deleted upon request of the consumer.
10.2 Unless you indicated that you would appreciate it, your personal data will not be used to inform you of new offers and products or any other relevant information that would apply to your data. The processing of your data will occur in compliance with the applicable legislation.
Article 11. Liability
11.1 In the case that the delivered Dog’s Companion goods are not up to standard, Dog’s Companion’s liability towards the consumer will be restricted to the articles 5 and 8 of these terms and conditions.
11.2 Dog’s Companion is not liable if the damage is due to intentional and/or serious misconduct and/or gross negligence, incompetent or inappropriate use of the goods.
11.3 Dog’s Companion is never compelled to pay any form of indemnity to the Buyer or others, unless there is a case of intentional or serious misconduct from Dog’s Companion. Dog’s Companion is never liable for any consequential, company and indirect damage, nor for loss of profit and turnover.
11.4 If Dog’s Companion is, for whatever reason, compelled to reimburse any damage then the indemnity will never exceed the amount paid according to the invoice related to the product or service where the damage was determined.
Article 12. Force Majeure
12.1 Without prejudice to the other rights it has, Dog’s Companion shall, in the case of force majeure, be entitled, at its option, to suspend execution of your order or rescind the agreement without court intervention, by informing you of this in writing and without Dog’s Companion being obliged to pay any damages, unless, in the given circumstances, this would be unacceptable according to the principles of reasonableness and fairness.
12.2 Force majeure shall mean any breach which cannot be attributed to Dog’s Companion, because it is not at fault, and for which it does not bear responsibility pursuant to law, acts intended to have legal effect or generally accepted standards.
Article 13. Intellectual property
13.1 The material and content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by Dog’s Companion is the proprietary information of Dog’s Companion or the party that provided the content to Dog’s Companion, and Dog’s Companion or the party that provided the content to Dog’s Companion retains all right, title, and interest in the content. This site, including all content, is copyrighted and protected by international copyright laws and treaty provisions.
13.2 Intellectual property includes patent, author, trademark, drawing and model rights and/or other (intellectual property) right , including partly patented technical and/or commercial know how, methods and concepts.
13.3 You agree to comply with all copyright laws worldwide in your use of this site, and agree that the site and content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Dog’s Companion, except that you may print out a copy of the content solely for your personal use. In doing so, you may not remove or alter any copyright, trademark or other proprietary notice appearing on any of the content. No intellectual property rights are transferred to you by access to this site or otherwise.
Article 14. Miscellaneous
14.1 If you provide your address to Dog’s Companion in writing and/or e-mail, Dog’s Companion shall be entitled to send all orders to that address, unless you indicate in the written statement another address where your orders should be sent.
14.2 Even if deviations from these terms and conditions have been permitted by Dog’s Companion, whether tacitly or not, for a short or long time period, this shall not affect its right to still demand immediate and strict compliance with these terms and conditions. You may never assert any right based on the fact that Dog’s Companion has applied these terms and conditions in a lenient manner.
14.3 Should one or more of the provisions of these terms and conditions or any other agreement with Dog’s Companion be contrary to any applicable legal requirement, the provision concerned shall cease to have effect and shall be replaced with a new, similar provision permissible at law to be determined by Dog’s Companion.
14.4 Dog’s Companion shall be entitled to utilise third parties in executing your order(s).
Article 15. Applicable law and competent court
15.1 All rights, obligations, offers, orders and agreements to which these terms and conditions apply, as well as these terms and conditions themselves, shall be governed solely by Dutch law. The Vienna Convention is explicitly excluded.
All disputes between the Parties shall exclusively be brought before the competent court in the Netherlands.
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