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Terms and Conditions

General Terms and Conditions webshop Onlinedierenwereld.nl

These general terms and conditions contain a number of basic rules for us as a webshop and you as a consumer.

Definitions:

In these general terms and conditions we mean:

  1. We: the natural or legal person who offers products and/or services to consumers at a distance; in this case the webshop where you made the purchase.
  2. You: this is you; the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with us.
  3. Distance contract: an agreement in which one or more distance communication techniques (see no. 4) is used exclusively or in part for the sale of a product, service or digital content up to and including the conclusion of the agreement , for example an order at an online store, but also telephone or written orders.
  4. Technique for distance communication: means that can be used to conclude an agreement, without you and us having been in the same room at the same time; for example telephone or internet.
  5. Reflection period: the period within which you can make use of the right of withdrawal.
  6. Right of withdrawal: your option to cancel the distance contract within the cooling-off period.
  7. Day: calendar day.
  8. Duration transaction: a distance contract for a series of products, services or digital content, the delivery and/or purchase obligation of which is spread over time.
  9. Durable data carrier: any means that you can use to store information that is personally addressed to you, whereby this information can be consulted later and unaltered reproduction of this information is possible, for example a CD-ROM or a USB stick .
  10. Digital content: data produced and delivered in digital form
My identity:

Onlinedierenwereld.nl
Binnendelta 1T,
1261 WZ Blaricum Noord-Holland Netherlands
Phone number: 06-57302880
Email address: info@onlinedierenwereld .nl

Chamber of Commerce number: 75253240
VAT identification number: NL001530610B38
Bank account number (IBAN and BIC): NL20 KNAB 0259 9936 89 / KNABNL2H

Applicability:

  1. These general terms and conditions apply to every offer from us and to every distance agreement concluded between you and us.
  2. These general terms and conditions are available to you before you conclude the distance contract. If this is not reasonably possible, it is indicated where and how you can view the general terms and conditions with us. If you wish, we will send you the general terms and conditions free of charge as soon as possible.
  3. If the distance agreement is concluded electronically, we can make these general terms and conditions available to you electronically, unlike in the previous paragraph and before the agreement is concluded. We do this in a way that you can easily store it on a durable data carrier. If this is not reasonably possible, we will indicate where and how you can view these general terms and conditions electronically. If you request it, we will send it to you electronically as soon as possible for free
  4. If, in addition to our general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 also apply. When conflicting terms and conditions apply, you can invoke the provision that is most favorable to you.
Information:
1.
Before you close the sale, you will receive information from us with which you can properly assess the offer, for example by means of a description and images of the product, service and/or digital content that correspond to reality. In addition, you will receive clear information about your rights and obligations, such as:
  1. the total price to be paid, including, for example, any disposal fee or delivery costs;
  2. the way in which the agreement is concluded;
  3. whether or not the right of withdrawal applies;
  4. the method of payment, delivery or performance of the agreement;
  5. the term that the price or the possibility to accept the offer applies;
  6. the rates you have to pay if you want to contact us, when this is different from the base rate;
  7. the way in which you become aware of actions that you do not want before concluding the agreement, as well as the way in which you can rectify these before the agreement is concluded;
  8. any languages ​​in which, in addition to Dutch, the agreement can be concluded;
  9. the codes of conduct that we must adhere to and the way in which you can view these codes of conduct electronically;
  10. the way in which you can access the data we have stored about you; en
  11. the minimum duration of the distance contract, if it concerns an expensive transaction.
2.
You will receive the following information from us at the latest upon delivery of the product, service or digital content. You will receive this information in writing or in such a way that you can easily store it on a durable data carrier (for example a CD-ROM or a USB stick):
  • a. our visiting address, where you can submit a complaint;
  • b. whether you have a right of withdrawal and, if you have a right of withdrawal, the way in which you can use it;
  • c. information about existing after-sales service and guarantees;
  • d. the information referred to in paragraph 1 above, unless you have already received it before the execution of the agreement;
  • e. the conditions for terminating the agreement if it lasts longer than one year or is of indefinite duration;
  • f. if you have a right of withdrawal, the model withdrawal form.
3.
For a duration transaction, paragraph 2 only applies to the first delivery.


Confirmation and security:

  1. Once you have placed an order, you will receive an electronic confirmation from us. As long as this has not happened, you can still cancel the purchase by dissolving the agreement (see article 9).
  2. If you order via the internet, we secure the exchanged data and the online environment. If you pay electronically, we provide appropriate security measures.
  3. We can investigate whether you can meet your payment obligation and whether you can responsibly enter into the distance contract, as long as we do so within the law. For example, we may check whether you are registered with the Credit Registration Office. If we have good reasons not to enter into the agreement, we may refuse your order or request with reasons, or attach special conditions to the execution.

 

Right of withdrawal upon delivery of products:

When purchasing products you have a cooling-off period of at least 14 days.

1. The reflection period starts on the day after you have received the product or that it has been received by a third party designated by you in advance; or:

  • a.if you have ordered several products in one order: the day on which you, or a third party designated by you -not the carrier- received the last product. We may, if we have clearly informed you about this prior to the ordering process, refuse to order multiple products with different delivery times.
  • b. if the delivery of a product consists of several shipments or parts: the day on which you or a third party designated by you -not the carrier- received the last shipment or the last part;
  • c. in the case of agreements for regular delivery of products during a certain period: the day on which you received the first product at a person designated by you - not the carrier.
2. During the cooling-off period you may dissolve the agreement (see article 9 how to do this).
3. During the cooling-off period, you must handle the product and the packaging with care. This means that you only unpack or use the product to the extent necessary to assess whether you want to keep the product. If you make use of your right of withdrawal, you must return the product with all accessories supplied and if reasonably possible - in its original condition and packaging. We inform you how you can do this. This information must be reasonable and clear by law.
4. If you make use of your right of withdrawal, you will pay at most the costs of return.
5. We will refund all other costs that you have already paid, including delivery costs, as soon as possible, but at the latest within 14 days, counted from the day after you reported the withdrawal. If we do not come to collect the product ourselves, we may wait with refund until we have received the product or that you have demonstrated that the product has been returned. We will refund you at the time that falls first.

Right of withdrawal when providing services and digital content that is not supplied on a material medium:

  1. When providing services and digital content that is not delivered on a material carrier, you have a cooling-off period of at least 14 days. The reflection period starts on the day after you enter into the agreement. During the cooling-off period you can dissolve the agreement without giving any reason.
  2. We will provide you with information on how you can exercise your right of withdrawal with the offer or at the latest upon delivery of the service. This information must be reasonable and clear.
  3. We will refund all costs that you have already paid as soon as possible, but at the latest within 14 days, counting from the day after you have notified us of the withdrawal.

 

Exclusion right of withdrawal:

Sometimes you do not have a right of withdrawal. We must state this clearly and before the agreement is concluded. It concerns:

  1. Products or services whose price is subject to fluctuations in the financial market over which we have no influence and which fluctuations may occur within the withdrawal period;
  2. Agreements concluded during a public auction. By a public auction we mean a sales method in which we offer products, services, and/or digital content to you while you are personally present or are given the opportunity to be present in person at the auction, under the direction of an auctioneer, and where the successful the bidder is obliged to purchase the products, services and/or digital content;
  3. Service agreements, after full performance of the service, but only if:
    a. the execution has started with your express prior consent and
    b.you have declared that you will lose your right of withdrawal as soon as we have fully executed the agreement;
  4. Service agreements for the provision of accommodation, if the agreement states a specific date or period of performance and is other than for residential purposes, freight transport, car rental services and catering;
  5. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
  6. Agreements on leisure activities, if the agreement states a specific date or period of performance;
  7. Products manufactured to your specifications, which are not prefabricated and which are manufactured on the basis of your individual choice or decision, or which are clearly intended for a specific person;
  8. Products that spoil quickly or have a limited shelf life;
  9. Sealed products which are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
  10. Products that are irrevocably mixed with other products after delivery;
  11. Alcoholic drinks, the price of which has been agreed upon at the time of the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which we have no influence;
  12. Sealed audio, video recordings and computer software of which you have broken the seal;
  13. Loose newspapers and magazines with the exception of subscriptions to these;
  14. The delivery of digital content other than on a tangible medium, but only if:
    a the execution has started with your express prior consent; and
    b. you have declared that you lose your right of withdrawal.

Cancellation by revocation:

  1. You can dissolve the agreement free of charge within the cooling-off period and even if you have not yet received the order (see article 6 for products, article 7 for services and/or digital content and article 8 for possible exceptions).
  2. To exercise the right of withdrawal, you must notify us of the withdrawal. This can be done by means of the model withdrawal form or in another unambiguous way.
  3. If we enable the notification of withdrawal by electronic means, we will immediately send a confirmation of receipt after receipt of this notification.
  4. We may ask you for the reason for the revocation, but you do not have to provide it.
  5. You must return the product to us as soon as possible, but within 14 days from the day following the notification referred to in paragraph 2, or hand it over to (an authorized representative of) us. This is not necessary if we have offered to collect the product ourselves. You have in any case observed the return period if you return the product before the reflection period has expired.
  6. You return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by us.
  7. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with you.
  8. You pay the direct costs of returning the product. If we have not stated that you have to bear these costs, or if we indicate that we will bear the costs ourselves, you do not have to pay the costs for returning.
  9. If you withdraw after having first expressly requested that the provision of the service begin during the cooling-off period, you will owe us an amount that is proportional to that part of the service that we have performed at the time of withdrawal, compared to the full implementation of the service.
  10. You will not bear any costs for the performance of services if:
    a.we have not provided you with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;
    b you have not expressly requested the start of the performance of the service during the cooling-off period.
  11. You will not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:.
    a. prior to its delivery, you have not expressly agreed to commence performance of the agreement before the end of the cooling-off period;
    b. you have not acknowledged to lose your right of withdrawal when granting his consent; or
    c. we have failed to confirm this statement of yours.
  12. If you make use of your right of withdrawal, all additional agreements will be terminated by operation of law.
  13. We use the same payment method that you have used for reimbursement, unless you agree to another method. The refund is free of charge for you.
  14. If you have chosen a more expensive method of delivery than the cheapest standard delivery, we do not have to reimburse the additional costs for the more expensive method.

The price:

  1. We are not allowed to increase the price of the offered service or product during the validity period stated in the offer, except as a result of changes in VAT rates.
  2. Notwithstanding the previous paragraph, we may offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which we have no influence. In that case, we state in the offer this link to fluctuations and the fact that any prices mentioned are target prices.
  3. We may only increase the price within 3 months after the conclusion of the agreement if the increase is the result of statutory regulations or provisions.
  4. We may only increase the price from 3 months after the conclusion of the agreement if we have stipulated this prior to concluding the agreement and:
    a. the price increase is the result of statutory regulations or provisions; or
    b. you can cancel the agreement on the day on which the price increase takes effect.
  5. All prices include VAT.

 

Conformity and warranty:

  1. We guarantee 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 existing on the date of the conclusion of the agreement and/or government regulations. We are also responsible for other than normal use, if you have agreed this with us.
  2. We, a manufacturer or an importer can offer you a guarantee scheme. This arrangement does not affect the rights and claims you have in the event of a shortcoming in the fulfillment of our obligations under the law and/or the distance contract.

Delivery and execution:

  1. We are as careful as possible when receiving and executing orders for products and when assessing applications for the provision of services.
  2. We use the address you provide us as the place of delivery.
  3. We expedite accepted orders, within 30 days at the latest, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, you will be notified no later than one month after placing the order. In that case, you have the right to dissolve the agreement without costs and the right to any compensation.
  4. In the event of dissolution on the basis of the previous paragraph, we will immediately refund the amount that you have paid
  5. The risk of damage and/or loss of products lies with us until the moment of delivery to you or a pre-designated and notified representative, unless expressly agreed otherwise.

 

Article 13 Duration transactions: cancellation, extension and duration:

Cancellation:

  1. You can terminate an agreement for an indefinite period and that concerns a long-term transaction at any time as long as you observe the agreed cancellation rules and with a notice period of a maximum of one month.
  2. You can terminate a fixed-term agreement that concerns a long-term transaction at any time towards the end of the fixed term, as long as you observe the agreed cancellation rules and with a maximum notice period of one month.
  3. You can cancel the agreements from paragraphs 1 and 2 of this article:
    - at any time and not be limited to cancellation at a certain time or in a certain period;
    - at least cancel in the same way as you have entered into the agreement;
    - always cancel with the same notice period as we have indicated for ourselves.

 

Extension:

  1. An agreement for a definite period and which concerns a duration transaction, may not be tacitly renewed or renewed for a definite period.
  2. Notwithstanding the previous paragraph, a fixed-term agreement that concerns long-term transactions of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if you cancel this extended agreement by the end of the can cancel the extension with a notice period of no more than one month.
  3. A fixed-term agreement that concerns a long-term transaction may only be tacitly renewed for an indefinite period if you are allowed to cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months in the case of an agreement for the delivery of daily, news and weekly newspapers, which are delivered less than once a month.
  4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

 

Duration:
If an agreement lasts longer than one year, you may terminate the agreement at any time after one year with a maximum notice period of one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed term.

Payment:

  1. As long as nothing else has been agreed, you must pay the amounts due within 14 days from the day after the reflection period starts. In the event that different products from one order are delivered at different times, the payment term starts after delivery of the last product. In case of an agreement to provide a service, you must pay within 14 days after you have received our confirmation of the agreement. If you do not have a cooling-off period, you must pay within 14 days from the day after the conclusion of the agreement.
  2. In the case of a distance purchase, an advance payment of more than 50% may never be requested in general terms and conditions and that, unless otherwise agreed, you pay (the rest of) the purchase price upon delivery of the order. or after providing a service.
  3. You have the obligation to immediately report inaccuracies in provided or stated payment details to us
  4. If you do not pay (on time), we have the right to charge the reasonable extrajudicial collection costs made known to you in advance. The amount of these costs is legally capped. We can deviate from this to your advantage.

 

Complaints procedure:

  1. We have a complaints procedure that is sufficiently known and will handle your complaint as described in this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to us within a reasonable time, fully and clearly described, after you have discovered the defects.
  3. Complaints submitted will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, we will answer within the period of 14 days with a notification of receipt and an indication when you can expect a more detailed answer.
  4. If there is no mutual solution to a complaint, you can submit your complaint to a Disputes Committee.
  5. If you have a complaint, you can always report it to the European ODR platform via http://ec.europa.eu/odr

Intellectual property:
As a consumer you expressly acknowledge that all intellectual property rights of the displayed information, communications or other expressions relating to the products and/or with relating to the internet site are with us, our suppliers or other entitled parties.

Personal data:
We only process your data in accordance with our privacy policy. In doing so, we observe the applicable regulations.

Applicable law and competent court:
All our offers, the agreements between you and us, and the execution thereof are exclusively governed by Dutch law.

Links:
Our website may contain advertisements from third parties or links to other sites. We have no influence on the privacy policies of these third parties or their sites and we are not responsible for them.

Your data:
You can always ask us by e-mail which data is processed about you. You can also ask us by e-mail to make improvements, additions or other corrections, which we will process as soon as possible. If you no longer wish to receive information, please let us know. Information will only be sent if you have provided your e-mail address.

Additional or deviating provisions:
Additional provisions or provisions that deviate from these general terms and conditions may not prejudice you. These provisions must be laid down in writing or be available in such a way that you can store them in an accessible manner on a durable data carrier.

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