ARTICLE 1 - DEFINITIONS
For the means of these conditions:
The entrepreneur: a natural or legal person who or a part of the
of the holding of that natural or legal person who
themselves in the retail sector as self-employed or as a
franchisee engaged in sales and/or
service and is a member of the trade association
Association National Organization Dibevo.
The consumer: a natural person who does not act in pursuit
of an appeal or company and enter into an agreement
with the entrepreneur.
Agreement: any agreement relating to the sale or
services between the consumer and the entrepreneur.
Distance agreement: any agreement relating to sale or
services between the consumer and the entrepreneur.
Goods: all products and pet animals that are the subject
are of an agreement.
Services: all activities that are the subject of a
ARTICLE 2 - APPLICABILITY
These terms and conditions apply to all agreements concluded between the
entrepreneur and the consumer are closed.
ARTICLE 3 - THE OFFER
1. The goods and services offered by the entrepreneur shall become clear and
accurately depicted and/or described. This definition should be sufficient
detailed to a proper assessment of the offer by the consumer
to make it possible.
2. The offer shall include such information that it is clear to the consumer what his
rights and obligations if he accepts the offer and in any case exists
from the following parts:
- the most accurate possible indication of numbers, sizes, weights or other
characteristics, or indications of care, which are
- the price and amount of delivery costs, if the consumer
request that the goods be delivered to a declared address;
- the method of payment and, where applicable, an indication that and in what way
payment in instalments is possible;
- the design/packaging in which the goods are delivered and a designation
- any right of return and the method of use thereof
- the possibility of providing additional services at cost to the
purchase of some goods, such as construction, installation, commissioning and
- the indication of the existence of the
- the indication that the Agreement shall bear these Terms and Conditions
3. Delivery to order shall be made after written or electronic order by the
consumers, unless otherwise agreed between the consumer and the entrepreneur.
4. A written offer shall be provided with a daily drawing and shall be irrevocable throughout
30 days after the consumer has received the offer.
5. In the case of a written/electronic offer, a copy of this General
ARTICLE 4 - THE AGREEMENT
1. The contract shall be concluded by the consumer's acceptance of the offer.
2. Where the agreement involves an amount of more than € 1,250.00, the
preferably by written or electronic acceptance of the
offered by the consumer.
ARTICLE 5 - PRICE AND PRICE CHANGES
1. The price listed in the offer includes VAT.
2. If, within three months of the conclusion of the agreement, but even before the
a price change, it will not affect the agreement
come price. The consumer is entitled to terminate the contract if, after
three months after the conclusion of the agreement but before delivery the price
3. The second paragraph, first sentence, shall not apply to price changes provided for in the law
increase in VAT.
ARTICLE 6 - DELIVERY/ DELIVERY TIME
1. Delivery shall take place by the consumer in possession of the goods. The
possession of goods that are not directly available may take place as a matter of
pick up the goods by the consumer from the entrepreneur or by the delivery
of the goods with the consumer by the entrepreneur. Parties may have a fixed or
expected delivery time.
2. The consumer shall be required to receive goods ordered within seven days of receipt of the
pick up or have the entrepreneur's message picked up. Leave the consumer to this,
the costs of
failure to collect on time at the consumer's expense.
3. Where the contract concerns the delivery of the goods sold, the contract shall be
within the delivery time agreed in the agreement and at the specified address.
4. If the presumed delivery time is exceeded, the operator shall be given a further
deadline to deliver. This further period shall be equal to the
original probable delivery time with a maximum of one month. If the
the entrepreneur will still deliver within this period, any price increase within
this further period shall not be passed on.
5. If this new period is exceeded or a fixed agreed delivery time
the consumer, without requiring further default, has the right to
agreement and/or seek compensation.
6. If ordered goods are found to be unavailable, the operator will, in consultation with
with the consumer on the possible availability of replacement
Goods. If the consumer does not agree to the supply of a replacement good, the
he has the right, i.e. his other legal rights, to
without any costs to him.
ARTICLE 7 - CONFORMITY
1. The operator shall ensure that the goods delivered comply with the
agreement (conformity). The entrepreneur also ensures that the
goods having characteristics which, taking into account all circumstances,
normal use, as well as special use to the extent that it is
has been agreed.
2. The economic operator shall ensure that the services provided by him comply with the
the agreement and are executed with good workmanship and with use
of sound material.
ARTICLE 8 - THE RIGHT OF RETURN
1. The consumer shall be entitled to return of goods for at least 10
Days. This right does not apply to animals and plants. The effective date of this period is
the day after the sale, or after the day of delivery, unless otherwise
Agreed. Undamaged and unused goods with the original packaging
and original receipt can be returned.
2. If the consumer has paid an amount (in advance), it will be as soon as possible, but
not later than 14 days after the right of return has been used,
3. Goods manufactured, mixed, processed or processed at the consumer's request
or goods ordered at the consumer's request
excluded from the right of return. The consumer may, of his right of
return only in the manner provided by the entrepreneur at his
offer is indicated.
4. If the right of return does not imply a refund of the purchase price but the
delivery of a replacement item or a voucher, the entrepreneur will
ARTICLE 9 - PAYMENT
1. Payment of goods in stock shall be made in cash, unless otherwise
2. Where no payment is agreed in cash, the consumers shall
amounts due, within 14 days of delivery by the entrepreneur or
collection by the consumer of the goods, unless otherwise
3. If the consumer places an order, the operator shall have the right of the
consumers to demand a prepayment of up to 50% of the price.
ARTICLE 10 - NON-TIMELY PAYMENT
1. The consumer shall be in default from the expiry of the agreed payment date.
After the expiry of that date, the trader shall send a payment reminder and
gives the consumer the opportunity within 14 days of receipt of the
2. If, after the expiry of the payment reminder, payment has still not been paid and the
consumer does not agree to submit submissions to the Disputes Committee, in accordance with article
17.4, judicial or out-of-court collection may be initiated. The
reasonable costs incurred are at the expense of the consumer. The
entrepreneur is also entitled to charge interest from the expiry of the
the agreed payment date. This interest is equal to the statutory interest rate.
ARTICLE 11 - SELF-DEPRENAATION AND TRANSFER
The entrepreneur can reserve ownership as long as the consumer has not fully
Paid. In this case, the consumer will not become the owner of the goods until he
price and any additional payment to the entrepreneur
ARTICLE 12 - LEGAL GUARANTEE
1. The entrepreneur shall guarantee the absence of the
flaws that reveal themselves after the episode. The consumer is entitled to free
replacement of defective parts within a reasonable time. In addition, the
consumer's right to redress, compensation and termination of the contract which
have been granted to him under the law.
2. If the purchase concerns a plant or animal, the operator shall inform the consumer of the
provide essential information for the proper use of the plant, or the
health and proper care of the animal, which is also connected to
information provided by the consumer. reasonable costs are incurred for this purpose
on behalf of the consumer. The entrepreneur is also entitled to charge interest
from the expiry of the agreed payment date. This interest rate is
equal to the statutory interest rate.
3. The operator shall not be responsible for defects which have been
as a result of careless care or improper use of the
delivered or are the result of changes made by the consumer or third parties to the
delivered. Nor is the entrepreneur in favour of any
damage caused by these defects.
4. When the warranty is invoked, the proof of purchase must be provided by the consumer
5. The consumer shall retain his legal guarantee rights in full, i.e. those referred to in paragraph 1
and paragraph 2 is defined as to the guarantee issued by the entrepreneur.
ARTICLE 13 - NON-COMPLIANCE WITH THE AGREEMENT
1. If one of the parties fails to fulfil an obligation under the agreement, the
suspend the other party's compliance with the obligation to do so.
partial or non-due fulfilment shall be suspended only in so far as
the shortcoming that justifies it.
2. The entrepreneur has the right of retention (right of retention), as the consumer
falls short of the satisfaction of a payable obligation, unless the failure to comply
this deduction does not justify.
3. If one of the parties fails to comply with the agreement, the other party shall have the power to
agreement, unless the failure does not justify dissolution.
4. If the agreement relates to a (forward) payment and
agreement is not reached, or is dissolved, the consumer will
ARTICLE 14 - ADDITIONAL PROVISIONS FOR A DISTANCE AGREEMENT
1. In the case of a distance agreement (Article 6:230 under m of the BW), the
entrepreneur, before the agreement is concluded, inform, among other things, of:
(a) the identity and geographical address of the economic operator to which the consumer
complaints can rightly be made;
b. the place on his website where the entrepreneur's terms and conditions
have been seen;
(c) the main characteristics of the goods;
(d) the price, including VAT, of the goods;
(e) any costs of delivery;
f. the method of payment, delivery or execution;
(g) the time limit for acceptance of the offer;
h. whether the consumer has a cooling-off period, when it takes effect and how long it
2. The trader shall immediately confirm when the consumer submits the offer
has accepted electronic means, receipt of acceptance of the offer and
delivers the product as soon as possible, but up to within 30 days, to be counted
the day following the day on which the consumer placed his order.
If this period is exceeded, the consumer has the right to terminate the contract
without further default. The consumer and the entrepreneur can
agree on another delivery period.
3. For 14 working days, the consumer shall have the right to terminate the contract without
giving reasons. The period shall run on the day following that
the last product of the order has been received or on the day of entering into a
4. Where the purchased goods are not available, the operator must
inform the consumer as soon as possible and any (paid)
quickly as possible, but in any case within 30 days.
When the consumer and the entrepreneur have agreed that a matter of
equal quality and price may be delivered, then the cost of any return
on behalf of the entrepreneur.
The entrepreneur should give the consumer a clear and understandable way of
5. In good time, at the time of delivery and at the latest at the time of delivery, the entrepreneur shall provide the
(a) the information referred to in paragraph a to h in paragraph 1 of this Article;
(b) in writing, the requirements for the use of the right to dissolve
the agreement and any associated financing during the
14 working days, indicating in any event:
(c) the time of start and the duration of the cooling-off period available to the purchaser
(d) that, in the case of use of the cooling-off period, the maximum costs of
return at the expense of the buyer;
e. the information on the dissolution of the loan if the consumer
finances with a loan from the entrepreneur or with a third party on the basis of a
agreement between the entrepreneur and the third party;
f. the details of the possible guarantee and after sales service;
(g) the requirements for termination of the contract if the purchase has a duration
more than a year or an indefinite period.
6. Where the trader has not complied with his obligation to provide information or not to provide information in
the correct form, the period of reflection shall not exceed three
months and seven working days. If, in those three months, the seller still
complies with the obligation to provide information, starts the day after he has complied with that
to run the seven-day period.
7. Return is at the expense and risk of the consumer. The entrepreneur may join the
termination of the agreement.
ARTICLE 15 - LIABILITY
1. The trader shall be liable to the consumer for damages resulting from the
of a shortcoming, which is attributable to the entrepreneur or comes before his risk,
to persons in his service or to persons appointed by him to the
carrying out the work assigned by the consumer. For a
compensation for the damage caused by the entrepreneur's failure or
persons in his service, the consumer is eligible provided that the consumer
within 30 days of the damage being caused, it is written to the entrepreneur
make known. The compensation obligation is limited to a maximum of the amount
the invoice value of the business provided by the entrepreneur.
2. The consumer shall be liable to the trader for damage seen by a
attributable to him.
ARTICLE 16 - COMPLAINTS
Complaints about the implementation of the agreement should be fully and clearly
described preferably in writing or electronically, to the
in good time after the consumer has discovered the defects. Not submitting in time
the complaint may result in the consumer losing his rights in this area.
ARTICLE 17 - DISPUTE SETTLEMENT
1. Disputes between consumer and entrepreneur over the establishment or implementation of
agreements relating to the supply or delivery of this entrepreneur
goods, can be brought by both the consumer and the entrepreneur
made at the Dispute Committee Companion Animals, Bordewijklaan 46, Postbus
90600, 2509 LP The Hague.
2. A dispute shall be dealt with by the Disputes Committee only if
the consumer first lodged his complaint with the entrepreneur.
3. If the complaint does not lead to a solution, the consumer will have 12 months, after the
the date on which the consumer lodged the complaint with the entrepreneur, the time to
complaint in writing or in another form to be determined by the Disputes Committee
pending before the Disputes Committee.
4. When a consumer makes a dispute before the Disputes Committee, the
entrepreneur to this choice. If the entrepreneur wishes to file a dispute
the Disputes Committee, it must ask the consumer to
whether he agrees. The entrepreneur must be
announcement that, after the expiry of the said period, one will feel free to
bring a dispute before the court.
5. In its ruling, the Disputes Committee shall comply with the rules applicable to its
Take. This Regulation shall be forwarded upon request. The decisions of the
Disputes committee have the character of a binding opinion. For treatment
a fee (the so-called complaint fee) is due.
6. Only the civil court or the Disputes Committee shall have jurisdiction over the
ARTICLE 18 - COMPLIANCE GUARANTEE
The National Organisation Dibevo Association guarantees the consumer the
comply with the binding opinion expressed by the Disputes Committee.
ARTICLE 19 - DEROGATION FROM THE TERMS AND CONDITIONS
Individual derogations must be made in writing or electronically between the entrepreneur and