Article 1 – Definition
Article 2 – Company identity
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 right of withdrawal
Article 9 – The price
Article 10 – Conformity and Warranty
Article 11 – Delivery and execution
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Disputes
Article 1 - Definition
In these terms and conditions, the following definitions apply:
- Reflection time: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the company;
- Day: calendar day;
- Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
- Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
- Company: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: an agreement in which, in the context of a system organized by the company for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Article 2 - Company identity
The company Fokker Petfood B.V. | located in Huufkes 73 | 5674 TL Nuenen
Phone: +31 (0) 40 283 55 11
WhatsApp: +31 (0) 657382738
Article 3 - Applicability
- These general terms and conditions apply to every offer from the company and to every distance agreement between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer digitally. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the company and they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, notwithstanding 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 electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
Article 4 - The offer
- If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the company uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the company.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
This concerns in particular:
- the price including taxes;
- any costs of delivery;
- the manner in which the agreement will be concluded and which actions are required for this;
- the method of payment, delivery and execution of the agreement;
- the term for acceptance of the offer, or the term within which the company guarantees the price;
- the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 - The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
- If the consumer has accepted the offer electronically, the company will immediately confirm receipt of acceptance of the offer electronically.
- If the agreement is concluded electronically, the company will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the company will take appropriate security measures.
- The company can inform itself - within legal frameworks - 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, on the basis of this investigation, the company has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
Article 6 - Right of withdrawal
- When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the company.
- During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack 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 accessories supplied and - if reasonably possible - in the original condition and packaging to the company, in accordance with the reasonable and clear instructions provided by the company. For animal feed, only unopened feed packaging can be returned.
- Unfortunately, it is not possible to physically pick up or return your package.
Article 7 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs of return will be for his account.
- If the consumer has paid an amount, the company will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.
Article 8 - Exclusion right of withdrawal
- The company can exclude the consumer's right of withdrawal for the following products:
a. that have been created by the company in accordance with the consumer's specifications
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the company has no influence; f. for loose newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal.
Article 9 - The price
- During the period of validity 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.
- Notwithstanding the previous paragraph, the company can offer products or services whose prices are subject to fluctuations in the financial market and over which the company has no influence, at variable prices.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- The prices stated in the offer of products or services are inclusive of VAT and excluding other government levies and excluding shipping costs. The minimum order value is 15 euros excluding shipping costs.
- All prices in our offer are subject to human errors when placing on the website. Also in the event of technical errors or malfunctions, the company is not bound by the prices stated on the website.
Article 10 - Conformity and Warranty
- The company 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 existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the company also guarantees that the product is suitable for other than normal use.
- Only if the warranty obligations with regard to the products and/or services supplied by the company have not been taken on by third parties, such as manufacturers, can the consumer make claims against the company, provided that the damage suffered by the consumer is directly and exclusively is the company's fault. The company can in no way be held liable by the consumer for damage of any nature whatsoever and suffered by anyone, arising from or in connection with products supplied by the company, but manufactured by third parties, albeit that the company will provide the consumer with necessary information if possible to seek redress from that third party. The total liability of the company will never exceed the invoice value of the delivered products in respect of which compensation is claimed.
Article 11 - Delivery and execution
- The company will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 14 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 14 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
- In the event of dissolution in accordance with the previous paragraph, the company will refund the amount that the consumer has paid as soon as possible, but at the latest within 14 days after dissolution.
- If delivery of an ordered product proves to be impossible, the company will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. In that case, the costs of any return shipment will be borne by the company.
- The risk of damage and/or loss of products rests with the company until the moment of delivery to the consumer or a representative designated in advance and made known to the company, unless expressly agreed otherwise. The delivery times stated on the website and in the correspondence are indicative and not a strict deadline. Fokker Petfood B.V. is never liable for damage as a result of exceeding delivery times. Delivery cannot be made to PO boxes. Unfortunately, it is not possible to physically pick up or return your package.
Article 12 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in Article 6 paragraph 1.
- When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the company.
- In the event of non-payment by the consumer, the company has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.
Article 13 - Complaints procedure
- Complaints about the execution of the agreement must be submitted to the company within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
- Complaints submitted to the company are generally answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the company will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
Article 14 - Disputes
Only Dutch law applies to agreements between the company and the consumer to which these general terms and conditions apply.
Handling consumer disputes
Fokker Petfood B.V. respects the privacy of all users of its website and ensures that the personal information you provide to us is treated confidentially. We use your data to process orders as quickly and easily as possible. By means of e-mails we provide you with promotions and attractive offers that are related to the products you have ordered. You can always unsubscribe from this via the link at the bottom of each email. If you do not wish to receive the emails in advance, you can send an email to firstname.lastname@example.org. We will then ensure that you do not receive any e-mails. For the rest, we will only use this information with your permission. Fokker Petfood B.V. will not sell your personal information to third parties and will only make it available to those third parties that are involved in processing your order.
The delivery times stated on the website and in the correspondence are indicative and not a strict deadline. Fokker Petfood B.V. is never liable for damage as a result of exceeding delivery times. Delivery cannot be made to PO boxes. Unfortunately, it is not possible to physically pick up or return your package.