general terms and conditions webshop
Introduction
Please find below our Terms and Conditions. These always apply when you use or place an order through our Website. The General Terms and Conditions contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these conditions so that you can read them again at a later date.
1. Definitions
1.1 Your Dog's Boutique: established in Terneuzen and registered with the Chamber of Commerce under registration number 87150123 trading under the name Your Dog's Boutique.
1.2 Website: Your Dog's Boutique website, accessed at www.yourdogsboutique.com and all associated subdomains.
1.3 Customer: the natural person who, not acting in the exercise of a profession or business, enters into an Agreement with Your Dog's Boutique and/or has registered on the Website.
1.4 Agreement: Any arrangement or agreement between Your Dog's Boutique and Customer, of which agreement the General Terms and Conditions form an integral part.
1.5 Terms and conditions: the present General Terms and Conditions.
2. Applicability of General Terms and Conditions
2.1 All offers, Agreements and deliveries of Your Dog's Boutique are subject to the General Terms and Conditions, unless expressly agreed otherwise in writing.
2.2 If the customer includes provisions or conditions in his order, confirmation or notice containing acceptance that differ from, or do not appear in, the General Terms and Conditions, these shall only be binding on Your Dog's Boutique if and insofar as Your Dog's Boutique has expressly accepted them in writing.
2.3 In the event that specific product or service terms and conditions apply in addition to these General Terms and Conditions, those terms and conditions shall also apply, but in the event of conflicting terms and conditions, Customer may always rely on the applicable provision that is most favourable to it.
3. Prices and information
3.1 All prices stated on the Website and in other materials originating from Your Dog's Boutique are inclusive of VAT and, unless stated otherwise on the Website, other levies imposed by the government.
3.2 If shipping costs are charged, this will be stated clearly, in good time before the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.
3.3 The content of the Website has been compiled with the greatest care. However, Your Dog's Boutique cannot guarantee that all the information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Your Dog's Boutique are therefore subject to obvious programming and typing errors.
3.4 Your Dog's Boutique cannot be held responsible for (colour) deviations due to screen quality.
4. Conclusion of agreement
4.1 The agreement is established at the moment of acceptance by the customer of Your Dog's Boutique's offer and fulfilment of the conditions set by Your Dog's Boutique in this regard.
4.2 If the customer accepted the offer electronically, Your Dog's Boutique shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
4.3 If it turns out that incorrect data were provided by the customer when accepting or otherwise entering into the Agreement, Your Dog's Boutique shall be entitled to fulfil its obligation only after the correct data have been received.
4.4 Your Dog's Boutique may, within legal frameworks, investigate whether the customer can fulfil his payment obligations, as well as all facts and factors relevant to responsibly entering into the Agreement. If Your Dog's Boutique has good grounds on the basis of this investigation not to enter into the Agreement, it shall be entitled to refuse an order or application, stating reasons, or to attach special conditions to the execution, such as advance payment.
5. Registration
5.1 To make best use of the Website, Customer can register via the registration form/ account sign-up option on the Website.
5.2 During the registration procedure, Customer chooses a username and password with which he can log on to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.
5.3 Customer must keep his login details, his username and password strictly confidential. Your Dog's Boutique is not liable for abuse of the login details and may always assume that a Customer who logs on to the Website is indeed that Customer. Everything that happens through the Customer's account is the responsibility and risk of the Customer.
5.4 If the customer knows or suspects that his login details have fallen into the hands of unauthorised persons, he must change his password and/or notify Your Dog's Boutique as soon as possible so that Your Dog's Boutique can take appropriate measures.
6. Execution of Agreement
6.1 Once the order has been received by Your Dog's Boutique, Your Dog's Boutique shall send the products as soon as possible, taking into account the provisions of paragraph 3 of this article.
6.2 Your Dog's Boutique shall be entitled to engage third parties in the performance of the obligations arising from the Agreement.
6.3 The delivery period is in principle 2-5 working days. The method of delivery may take place in various ways and is at Your Dog's Boutique's discretion.
6.4 If Your Dog's Boutique cannot deliver the products within the agreed period, it shall notify the customer. In that case, the customer may agree to a new delivery date or he shall be given the opportunity to dissolve the Agreement free of charge.
6.5 Your Dog's Boutique advises the customer to inspect the products delivered and report any defects found within a reasonable time, preferably in writing. See the Article on guarantee and conformity in more detail.
6.6 Once the products to be delivered have been delivered to the specified delivery address, the risk, where these products are concerned, shall pass to Customer. If expressly agreed otherwise, the risk shall pass to Customer before then. If Customer decides to collect the products, the risk shall pass upon transfer of the products.
6.7 Your Dog's Boutique shall be entitled to supply a product of similar quality to the product ordered, if the product ordered is no longer available. The customer shall then be entitled to dissolve the Agreement free of charge and return the product free of charge.
7. Right of withdrawal
7.1 This article only applies to the Customer being a natural person not acting in the exercise of his profession or business.
7.2 Customer has the right to dissolve the distance contract concluded with Your Dog's Boutique free of charge within 14 days of receiving the product, without giving reasons.
7.3 The period commences on the day after the Customer, or a third party designated in advance by him who is not the carrier, has received the product, or:
- if Customer ordered several products in the same order: the day on which Customer, or a third party designated by him, received the last product;
- if the delivery of a product consists of several shipments or parts: the day on which Customer, or a third party designated by him, received the last shipment or part;
- for Agreements for regular delivery of products during a certain period: the day on which Customer, or a third party designated by him, received the first product.
7.4 Customer must bear the return costs himself; if these costs exceed the regular postal rate, Your Dog's Boutique shall provide an estimate of these costs. The shipping costs incurred by the Customer when purchasing the product are not included in the return costs and shall remain at the Customer's own expense.
7.5 Within the withdrawal period referred to in paragraph 1, Customer shall handle the product and packaging with care. Customer shall only open the packaging and use the product to the extent necessary to inspect the nature, characteristics and operation of products. The starting point here is that this inspection may not go beyond what Customer would be able to do in a physical shop.
7.6 Customer is only liable for depreciation of the product resulting from a way of handling the product beyond that permitted in the previous paragraph.
7.7 The customer may dissolve the agreement in accordance with the period stated in paragraph 1 of this Article by sending Your Dog's Boutique the model withdrawal form (digitally), or by notifying Your Dog's Boutique in another unambiguous manner that he or she is giving up the purchase. In the case of a digital notification, Your Dog's Boutique will confirm receipt of the notification. After dissolution, the customer still has 14 days to return the product. It is also possible to return the product directly within the cooling-off period stipulated in paragraph 1 of this Article, provided the model withdrawal form or other unambiguous declaration for withdrawal is enclosed.
Products can be returned to:
Your Dog's Boutique
Valeriaanstraat 56
4537DC, Terneuzen
7.8 Amounts already paid by the customer (in advance) shall be refunded to the customer as soon as possible, but no later than 14 days after dissolution of the agreement, in the same way as the customer paid for the order. If the customer has chosen a more expensive method of delivery than the cheapest standard delivery, Your Dog's Boutique does not have to refund the additional costs for the more expensive method. Unless Your Dog's Boutique offers to collect the product itself, Your Dog's Boutique may wait with repayment until Your Dog's Boutique has received the product or until the customer proves that he has returned the product, whichever time is earlier.
7.9 Information on whether or not the right of withdrawal applies and any desired procedure shall be clearly stated on the Website in good time before the conclusion of the Agreement.
7.10 The right of withdrawal does not apply to:
Products that can spoil or age quickly;
Products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
8. Payment
8.1 Customer must make payments to Your Dog's Boutique in accordance with the payment methods indicated in the order procedure and, if applicable, on the Website. Your Dog's Boutique is free in its choice of payment methods and these may also change from time to time. In the case of payment after delivery, the customer has a payment term of 14 days starting the day after delivery.
9. Warranty and conformity
9.1 This article only applies in the case of a Customer who is not acting in the exercise of his profession or business. If a separate guarantee is given on the products by Your Dog's Boutique, without prejudice to what has just been stated, this applies to all types of Customers.
9.2 Your Dog's Boutique guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the Agreement was concluded. If specifically agreed, Your Dog's Boutique also guarantees that the product is suitable for other than normal use.
9.3 A guarantee provided by Your Dog's Boutique, manufacturer or importer does not affect the legal rights and claims the customer already has and can invoke under the Agreement.
9.4 If the delivered product does not comply with the Agreement, the customer must notify Your Dog's Boutique within a reasonable period after discovering the defect.
9.5 If Your Dog's Boutique considers the complaint well-founded, the relevant products shall be repaired, replaced or reimbursed, after consultation with the customer. The maximum compensation shall, with due observance of the Article on liability, be equal to the price paid by the customer for the product.
10. Complaints procedure
10.1 If the customer has a complaint about a product (in accordance with the Article on guarantee and conformity) and/or about other aspects of Your Dog's Boutique's services, he can submit a complaint to Your Dog's Boutique by telephone, e-mail or post. See the contact details at the bottom of the General Terms and Conditions.
10.2 Your Dog's Boutique shall respond to the customer's complaint as soon as possible, but in any case within 5 days of receiving the complaint. If it is not yet possible to give a substantive or definitive response, Your Dog's Boutique shall confirm the complaint within 5 days of receiving the complaint and give an indication of the period within which it expects to give a substantive or definitive response to the Customer's complaint.
10.3 Customer not acting in the exercise of his profession or business may also submit a complaint via the European Dispute Resolution Platform, accessible at http://ec.europa.eu/odr/.
11. Personal data
11.1 Your Dog's Boutique processes the Customer's personal data in accordance with the privacy statement published on the Website.
12. Final provisions
12.1 The Agreement shall be governed by Dutch law.
12.2 Unless otherwise prescribed by rules of mandatory law, all disputes that may arise as a result of the Agreement shall be submitted to the competent Dutch court in the district where Your Dog's Boutique has its registered office.
12.3 If any provision in these General Terms and Conditions turns out to be invalid, this shall not affect the validity of the General Terms and Conditions as a whole. In that case, the parties will determine (a) new provision(s) to replace it, which will give shape to the intention of the original provision as much as legally possible.
12.4 In these General Conditions, "in writing" also means communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Contact details
Should you have any questions, complaints or comments after reading these Terms and Conditions, please feel free to contact us in writing or by e-mail.
Your Dog's Boutique
Valeriaanstraat 56
4537DC, Terneuzen
Phone:
E-mail: info@yourdogsboutique.com
Chamber of Commerce number: 87150123
VAT number: NL004365043B74