Article 1 Definitions
Article 2 Identity of the entrepreneur
Article 3 Applicability
Article 4 The offer
Article 5 The contract
Article 6 Right of withdrawal
Article 7 Obligations of the consumer during the cooling-off period
Article 8 Exercising the right of withdrawal by the consumer and costs thereof
Article 9 Obligations of the entrepreneur in the event of withdrawal
Article 10 Exclusion of right of withdrawal
Article 11 The price
Article 12 Compliance and additional warranty
Article 13 Delivery and implementation
Article 14 Payment
Article 15 Complaints procedure
Article 16 Disputes
Article 17 Additional or deviating provisions
In these conditions:
an agreement whereby the consumer or retailer receives products, in connection with a distance contract between both parties and where products might also be supplied by a third party
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
a natural person who is acting, in the course of a transaction to which these Regulations apply, for purposes outside his or her trade, business or profession;
data produced and delivered in digital form;
an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
Durable data carrier:
every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that future consultation or use for a certain period of time is aligned with the purpose for which the information is intended, and that makes unaltered reproduction of said information possible;
a natural person or businessperson who makes profit from products or services by selling them to consumers or retailers; Forpetsandpeople.
an agreement between the entrepreneur and the consumer concluded within the framework of an organized system for distance selling of products,, digital content and / or services, including up to and including the conclusion of the agreement exclusively or partly used one or more techniques for distance communication;
Model withdrawal form:
the European model form as can be found in Annex 1 of these terms and conditions, and does not have to be made available if the consumer does not have a right of withdrawal;
Techniques for communication
at a distance:
means that can be used to conclude an agreement, without the consumer and entrepreneur simultaneously being in the same room.
Name: ForPetsA ndPeople.com;
Location and visiting address: Mr. P. J. T roelstraweg 149, 8919A A Leeuwarden;
Country: the Netherlands
Chamber of Commerce number: 62542370;
VAT identification number: NL102085109B02;
E-mail address: firstname.lastname@example.org.
1. These terms and conditions apply to every offer from the entrepreneur and to every established distance contract between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these terms and conditions are made available to the consumer or retailer. If this is not reasonably possible, the
entrepreneur will indicate before the distance contract is concluded, how the
general terms and conditions can be acquired. These general terms and conditions can be sent, free of charge, to the consumer or retailer at request via e-mail. For a printed copy of these terms and conditions, the receiver will only pay postage costs. A request for a printed copy has to be sent to email@example.com.
1. If an offer has a limited period of validity or is made subject to conditions,
this is explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the offered products,
digital content and / or services. The description is sufficiently detailed for a good assessment of the offer by the consumer or retailer. If the entrepreneur uses images, these are a true reflection of the offered products and services and / or digital content. Obvious mistakes or manifest errors in the offer do not bind the entrepreneur.
3. Each offer contains clear information about what the rights and
obligations are attached to the acceptance of the offer.
1.1. The agreement is established at the moment the consumer, subject to the provisions of paragraph 4, accepts the offer in compliance with the corresponding requirements.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately send a receipt by electronic means if the offer is accepted. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer dissolves the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical measures and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the
entrepreneur will take appropriate security measures.
4. The entrepreneur can - within a legal frameworks - conclude if the consumer can meet his
payment obligations, as well as all those facts and factors relevant to a responsible conclusion of the distance contract. If the entrepreneur, on the grounds of this research, has good reasons not to enter into the agreement, he is entitled to a motivated refusal of the order or request or to attach special conditions to the execution.
5. The entrepreneur will, at the latest upon delivery of the product, service or digital content send along the following information, in writing or in such a way that the consumer can store the information in an accessible manner on a durable medium:
5.1. the visiting address of the branch of the entrepreneur where the consumer can send his complaints;
5.2. the conditions under which and the manner in which the consumer can make use of his right of withdrawal, or a clear message about being excluded from his right of withdrawal;
5.3. the information about guarantees and existing services after purchase;
5.4. the price including all taxes of the product, service or digital content; insofar as applicable the costs of delivery; and the method of payment, delivery or
execution of the distance contract;
5.5. the requirements for termination of the contract if the contract has a duration
of more than one year or of indefinite duration;
5.6. if the consumer has a right of withdrawal, the model form for withdrawal.
6. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
1. The consumer may cancel an agreement regarding the purchase of a product during
a cooling-off period of at least 14 days without giving any reason. The entrepreneur is allowed to ask the consumer about the reason for withdrawal, but can not obliged the consumer.
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or an advance notice by the consumer designated third party, who is not the carrier, has received the product, or:
2.1. if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product.
The entrepreneur may, provided he communicated the order process prior to a product having been ordered, refuse an order of multiple products if the delivery times of each product is different.
2.2. if the delivery of a product consists of several shipments or parts: the
day on which the consumer, or a third party appointed by him, received the last shipment or received the last part;
2.3. in agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party appointed by him, received the first
1. During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to the nature and the characteristics and determine the operation of the product. The starting point here is that the consumer only handle and inspect the product as it would be allowed to do in a store.
2. The consumer is only liable for value reduction of the product as a result of a way of handling that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for value reduction of the product if the entrepreneur did not let him know all the legally required information about the right of withdrawal, before the conclusion of the contract.
1. If the consumer makes use of his right of withdrawal, he reports this within the reflection period by means of the model form for withdrawal or other unambiguous way to the entrepreneur.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the reflection period has expired.
3. The consumer returns the product with all delivered accessories, if reasonable possibly in the original state and packaging, and in accordance with the reasonable information provided by the entrepreneurs clear instructions.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product.Only if the
entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates he will bear the costs, the consumer does not have to bear the costs for return the product.
6. The consumer does not bear any costs for the full or partial delivery of one-off material carrier supplied digital content, if:
6.1. he has not explicitly agreed with it prior to delivery start the fulfillment of the contract before the end of the cooling-off period;
6.2. he has not acknowledged to lose his right of withdrawal when providing his
6.3. the entrepreneur has failed to confirm this statement from the consumer.
1. If the entrepreneur made it electronically possible to exercise the right of withdrawal, the entrepreneur will immediately send a notification of receiving the request of withdrawal.
2. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the Entrepreneur offers to pick up the product himself, he may wait with repayment until he has the product in possession or until the consumer demonstrates that he has returned the product, whichever comes sooner.
3. The entrepreneur uses the same payment method for reimbursemen that the consumer has used, unless the consumer agrees to another method. The refund is free of charge to the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not need to pay the additional costs for the more expensive method.
1. The entrepreneur can exclude the following products from the right of withdrawal, but only if the entrepreneur made this clear beforehand:
1.1. Products whose price depends on fluctuations on the
financial market which the entrepreneur can't influence and which may occur within the
1.2. Products manufactured according to specifications of the consumer, which are not
prefabricated and manufactured on the basis of an individual choice or
decision of the consumer, or that are clearly intended for a specific person;
1.3. Products that spoil quickly or have a limited shelf life;
1.4. Sealed products that for reasons of health protection or hygiene
are not suitable to be returned and of which the seal is broken after delivery;
1.5. Products that are irrevocably mixed with other products after delivery due to their nature
1. During the period mentioned in the offer, the prices of the offered
products and / or services are not increased, except for price changes due to changes in
2. Contrary to the previous paragraph, the entrepreneur can purchase products or services of which the prices are bound to fluctuations in the financial market which the entrepreneur can’t influence. This bond to fluctuations and the fact thatany prices quoted are target prices are stated 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 contract are only
allowed if the entrepreneur has stipulated this and:
4.1. these are the result of statutory regulations or provisions; or
4.2. the consumer has the authority to terminate the contract with effect from the
day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
1. The entrepreneur 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 status existing on the date of the conclusion of the agreement provisions and / or Dutch government regulations.
2. An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer has on the basis of the
agreement with the consumer but can apply if the entrepreneur has failed in the performance of his part of the agreement.
3. An additional warranty is understood to mean every undertaking of the entrepreneur, his supplier,importer or producer in which he assigns certain rights or claims to the consumer
which go beyond what is legally required in case he has failed in the performance of his part of the agreement.
1. The entrepreneur will take the greatest possible care when receiving and when executing product orders and when assessing applications provision of services.
2. The place of delivery is the address that the consumer has given to the entrepreneur.
3. With due observance of the provisions in Article 4 of these general terms and conditions,
the entrepreneur will carry out accepted orders with able speed, but at the latest within 30 days unless another delivery period has been agreed. If the delivery encounters delay, or if an order can not or only partially be executed, the consumer will receive notice of this no later than 30 days after he has placed the order.
In that case, the consumer has the right to terminate the contract without penalty and has a right of possible compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately pay back the amount that the consumer payed.
5. The risk of damage and / or loss of products rests with the entrepreneur at the moment of delivery until the consumer or a pre-designated and known to the entrepreneur representative received the package, unless expressly agreed otherwise.
1. Unless otherwise stipulated in the agreement or additional conditions, the sums due by the consumer need to be paid within 14 days of the commencement of the reflection period, or in the absence of a cooling off period within 14 days after the closing of the agreement.
2. The consumer has the duty to notify inaccuracies in payment details provided by himself to the entrepreneur without delay.
3. If the customer fails to fulfill the required payment(s) to which (s)he has committed within
the designated window of time, (s)he will be notified of the late payment and will be given
an additional 14 days to fulfill the outstanding payment(s) to the concern.
If the customer once more fails to fulfill the outstanding payment(s) to the concern within
these 14 days, the customer is obligated to pay the lawful interest on the thus far
outstanding payment(s), and the concern is authorized to charge the customer the
extrajudicial collection expenses resulting from this.
These collection expenses will amount to a maximum of 15% of the outstanding payment(s)
below €2.500, 10% of the subsequent €2.500, and 5% of the subsequent €5.000 with a
minimum of €40. The concern has the possibility to deviate from these percentages and
amounts in favor of the customer.
1. The entrepreneur has a complaints procedure and handles the complaint accordingly this complaints procedure. Complaints can be sent to firstname.lastname@example.org.
2. Complaints about the execution of the contract must be made within a reasonable time after the consumer has identified the defects, are fully and clearly described with the entrepreneur.
3. Complaints submitted to the entrepreneur are counted within a period of 14 days from the date of receipt answered. If a complaint is a foreseeable longer processing time request, the entrepreneur will respond within the period of 14 days with a message from receipt and an indication when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least 4 weeks to submit the complaint to resolve mutual consultations. After this period a dispute arises that is susceptible to the dispute resolution.
5. From 15 February 2016, it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found on http://ec.europa.eu/odr. If your complaint is not yet being dealt with elsewhere, you are free to deposit your complaint via the platform of the European Union.
1.On agreements between the entrepreneur and the consumer to which this general conditions apply, only Dutch law applies.
1. Additional or different conditions from these terms and conditions may not be passed in disadvantage of the consumer and must be recorded in writing or in such a way that these can be stored by the consumer in an accessible manner durable data carrier.