Doggy-box Terms and Conditions
Welcome to Doggy-box!
It is important to us that you understand why we handle certain things the way we do. We therefore ask you to please read these Terms and aforementioned policies carefully and make sure that you understand them before ordering any Products or requesting services through our Site. If you do not understand these Terms, please contact us via the contact details mentioned in clause 1.3.2, we are happy to explain them! If you do not understand these Terms due to language difficulties, you can also contact us to request a copy of these Terms in your local language.
Please note that before placing an order via the order form and upon registration on our Site you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from this Site. You will receive a copy of these Terms via confirmation e-mail right after you place your order with us. We encourage you to print these Terms either directly via this page or via the confirmation e-mail and keep a hard copy of these Terms for future reference.
Specific terms on the use of this Site are also included in these Terms. Please note that by using this Site, you agree to comply with these specific Terms relating to website conduct.
|PLEASE NOTE THAT SUBSCRIPTIONS WITH A DURATION OF ONE YEAR YOU ORDER WITH US ARE CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR SUBSCRIPTION BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD UNLESS YOU MAKE USE OF YOUR LEGAL RIGHTS AS A CONSUMER. YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO THE FIRST DAY OF THE MONTH FOLLOWING THE END OF A SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF ONE YEAR. FOR MORE INFORMATION SEE SECTION 6 BELOW.
Please verify whether you have the legal capacity to place an order with us and accept these Terms. This means that, for example, we do not provide services or sell Products to children under 18 years old.
We reserve the right to amend these Terms from time to time as set out in section 7. We therefore advise you to verify these Terms every time you wish to make a new order placement (which means you enter into a new Contract with us) to ensure you understand the Terms which shall be applicable on that particular order. These Terms were most recently updated on [INSERT DATE] when we changed clauses [INSERT ALL CLAUSES THAT HAVE CHANGED]. These Terms are made available via a hyperlink “Terms” at the bottom of each webpage. Alternatively, you can consult these at www.doggy-box.com/terms.
This Site also contains links to or Content or information operated or hosted by other websites, including but not limited to social plug-ins (the “Linked Sites“). We have no control over the Linked Sites and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms and conditions and privacy and cookie policies included on each such site.
This Site and the Products and services we offer are made available on a temporary basis, and we reserve the right to withdraw or amend the services, Products or Content on this Site without notice to you. We will not be liable if this Site is unavailable for any reason at any time or for any period. From time to time, we may restrict access to some parts or all of this Site.
1. Information about us and these Terms
- We host the Site doggy-box.com. We are friGERA, a company registered in Belgium under company number 0461415043 and with registered seat at Gremelsloweg 1044, 3680 Maaseik, Belgium. Our VAT number is BE0461415043. Our main e-mail address is firstname.lastname@example.org (“us”, “we” or “our”).
- The hosting provider for our Site is GoDaddy.com, LLC, a Delaware limited liability company, which website can be consulted at godaddy.com.
- If you, as a consumer, wish to contact us:
- To cancel a Contract within 14 days after the delivery of the first box of Producst, you must provide us with an unambiguous declaration. To ensure your cancellation is accepted, we recommend you make use of the cancellation form on our Site. For more information on cancellations and returns, please consult section 8.
- If you wish to contact us for any other reason, for instance in case of complaints, questions or suggestions, you may use any of the following contact details and methods and we will treat your question or complaint as soon as reasonably possible:
Email address for legal questions: email@example.com
However, we advise you to take a look at our FAQ section first in case you have questions.
- If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the (email) address you provided to us in your order form.
- Any title, clause or paragraph heading is only used for ease of reference and shall not affect the interpretation of these Terms.
- Unless the context otherwise requires:
- Words in the singular shall include the plural and in the plural shall include the singular;
- A reference to one gender shall include a reference to the other genders; and
- Any words following the terms “such as”, “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or terms preceding those terms.
- In case of doubt regarding the meaning of these Terms, you should contact us via the contact details mentioned in clause 1.3.2 to lift any doubt or ambiguity.
2. Our Products and services
- We offer Products for dogs of all sizes in a membership formula via our Site (the “Membership Service” or “Subscription”). Products may include, but are not limited to, dog treats, toys, hygiene products, food sample products and other canine-related items (“Products”).
- The Membership Service entails you will receive a package with said Products every month in accordance with your specific order and our delivery policy as specified below in section 9 and for a duration of your preference (either one, three or six months or one year). You will receive a box from us with various Products which are not pre-determined and cannot be “hand-picked” or chosen by you. All boxes are assembled by us on an ad hoc basis (they may vary from month to month) and, as Products are not personally picked out by you, we cannot guarantee these Products always fully meet your specific personal preferences. We do guarantee all Products meet the preferences you select via our Site or order form, such as your dog’s size or weight, the selected duration and whether you would like to include any extra’s we offer (dog toys, dog food etc.).
- It is not possible to buy separate Products via our Site.
- We give you the option to either order a Membership Service for said Products for yourself or give it away as a gift. However, the person who places the order, even when it is given away as a gift, shall be considered the person who has to comply with the obligations under these Terms.
- The images of boxes and the Products therein on our Site are for illustrative purposes only. As described in clause 2.2, the box and Products you receive may vary slightly from those illustrated on the Site.
- We may donate part of the revenues we make on selling you Products and delivering Membership Services to charity. This, as well as the choice of charities concerned, is fully left up to our discretion and you may not derive any rights therefrom.
- Our Site and the Products and services provided to you on and through this Site are provided on an “AS IS” basis. You agree that the owners of this Site exclusively reserve the right to modify or discontinue this Site and its services taking into account appropriate refunds regarding any on-going Subscriptions.
3. Your Responsibilities
- To order Products through this Site you may register or check-out as a guest. You must have the legal capacity to place an order, register for an account with us and accept these Terms. Any contractual relationship between you and us shall be null and void in case you do not have the required legal capacity. In this case however we reserve the right to take appropriate measures in case you cause harm to our Site or reputation or if you attempt to enter into a contractual relationship with us in bad faith whilst not having the required legal capacity.
- Upon registration and in case of guest check-out, you agree to provide truthful information when requested. When registering, you explicitly agree to these Terms, which may be modified by us from time to time as described in section 7.
- You are responsible for the accuracy of the data you give us on the basis of which we determine the preferences of your chosen Membership Service, including but not limited to your dog’s size/weight and any details you give us relating to your selection to send the Membership Service as a gift. You are responsible for keeping your log-in or password details safe to keep your account from being hacked and you agree to inform us in due course when you discover your account has been hacked. You are responsible for any abuse in this regard, including but not limited to any abusive order placements made through your account after it has been hacked. You are also responsible for keeping all relevant information updated via your Doggy-box account.
- You are responsible for reading and understanding all safety guidelines manufacturers include with any Products we deliver to you. You may contact us in case of doubt and we may bring you in contact with the manufacturer or supplier.
- We trust you do not use this Site for other purposes than those it is created for, including but not limited to the spreading of hate speech, hacking into other users’ accounts or repeatedly placing and cancelling orders in accordance with section 8. We reserve the right to refuse your access to this Site at our fullest discretion.
- If you (implicitly) refer to us, our Site, or our Products and services in any way, such as by tagging (i.e. identifying) us in photo’s posted on social media (including but not limited through using hashtags), you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw any previously given linking permission without notice where we deem fit.
- You agree to indemnify, defend and hold us, our directors, officers, employees, consultants, agents, and affiliates, harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Site or your breach of these Terms.
- This Site may be accessed from countries other than the ones we currently ship our Products to. This Site and the services may contain products or references to products that are only available within specific countries. It is your responsibility to verify whether we offer our services to your specific country and to comply with all local laws and regulations if you decide to order a Subscription when you are outside these specific countries.
4. How we use your personal information
- Your payment information is submitted directly with our third party payment service provider and under his conditions. This provider may change from time to time. You agree that we will not be responsible for any failures of the third party to adequately protect such information.
5. How the Contract is formed between you and us
- All offers on our website (which consist of Subscriptions) consist in clear and precise information about the specific service and Products you are to receive when you order that Subscription. The service description on our Site and in section 2 above should allow you to make an informed decision as to whether you would like to purchase the service we offer. If that is not the case, please contact us via the details provided in clause 1.3.2.
- Our order process pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. The order process is ended by you clicking on the “Place Order” button which entails a payment obligation for you. Buttons leading to extra fees on your part (such as express delivery or extra toys) will not be set by default and you must select these yourself in order to be provided with these services.
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order (“Order Confirmation”). The Order Confirmation also contains a copy of these Terms. Please note that this does not yet mean that your order has been accepted or that a Contract between you and us has been formed. Our acceptance of your order will take place as described in clause 5.4.
- We will confirm our acceptance of your order to you by sending you an email that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation. It is not until after having received this Dispatch Confirmation that you have a claim to the delivery of the Products and services you ordered. Since each order includes a specific Subscription (which in itself can exist in multiple deliveries of boxes as indicated above), the ordering of any subsequent Membership Services entail you conclude a new Contract with us.
- If we are unable to supply you with a Product, for instance because that Product is not in stock, no longer available or because we cannot meet your requested delivery date, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible. No Contract is formed between you and us in that case.
- In case you receive one of our plans as a gift, we do not establish any contractual relationship with you but with the person who has arranged for this gift through our Site (and whose name is on the order form).
6. The Duration of your Contract with us
- Each new order you place shall be governed by a separate Contract between you and us. An order is defined as the service described in the Order Confirmation.
- However, our Subscriptions are renewed in case you ordered a Subscription for a duration of one year for a new duration of one year, and this unless you let us know beforehand you do not wish to have your Membership Service automatically renewed by updating your account on our Site at the very latest on the last day of your then-current Subscription term. All cancellation requests received after this date shall apply to the next Subscription term meaning a new term of one year shall be initiated and this unless you make use of your rights described in clause 6.3. You may also cancel your Contract in accordance with clause 8.4.
- After the first automatic renewal, you have two weeks to cancel your Subscription with us without additional costs (the term of two weeks starts from the day of automatic renewal). We will send you a reminder your Contract is about to be renewed. Renewal is final after said term.
- We may terminate any Contract and Subscription between you and us or deactivate your account for conduct we believe violates these Terms or our policies or is harmful to our business in any way.
7. Our right to amend these Terms
- We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which specific clauses were changed.
- The Terms in force at the time you place your order will continue to apply to the contractual relationship between you and us for that order.
- In addition, we may revise these Terms as they apply to your order from time to time to reflect changes in relevant applicable laws and regulatory requirements. This means certain existing Subscriptions may be affected by these changes. In case your Subscription is affected, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel your Contract with us if you are not happy with the changes. In such case, you may cancel the Contract without further penalty or cost either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
8. Your right of cancellation, return and refund
- You have a legal right to cancel a Contract without giving us any reason and receive a refund during a cancellation term of 14 days. This refund does not cover any extra costs you paid for delivery services other than standard delivery.
- Your legal right to cancel a Contract starts from the date of receipt of the Dispatch Confirmation which is the day on which the Contract between us is formed. Your deadline for cancelling the Contract is 14 days after the day on which you receive the first (box of) Products. This means that in case you ordered a year, six, three or one-month Subscription, meaning you are to receive boxes on a monthly basis throughout 3, 6 or 1 month(s)/a year, the deadline for cancelling the Contract is still 14 days after the day on which you receive the first box of Products.
For example: If we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered according to a yearly plan and you receive the first box of Products on 10 January, you may cancel at any time between 1 January and 24 January at midnight. 24 January is the last day of the cancellation period in respect of all (future) Products to be received during the term for which you ordered the yearly plan.
- However, this cancellation right does not apply in case the Products:
- are impaired or damaged, meaning you have treated the Products in a way that goes beyond what is necessary to establish whether the Products serve their purpose or function;
- have been opened and cannot be returned due to reasons of health and hygiene (e.g. when your dog has used the Product and had it in his mouth);
- have been mixed in with other similar products;
- consist of food products that have a limited expiration date.
- To cancel a Contract, you just need to let us know as follows. The easiest way to do this is to complete the cancellation form on our Site. A link to the website cancellation form will also be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation in which case your cancellation is effective as from the date you receive this confirmation from us. If you decide not to use this form we ask you to cancel your Membership Service through an unambiguous declaration stating you wish to cancel via registered mail or e-mail to the address as provided in clause 1.3.2. When using this method, please include details of your order (such as the contact details from the person who placed the order and the order number) to help us to identify it. If you send us your cancellation notice by registered mail, then your cancellation is effective as from the date you post the letter to us.
- Your Membership is a Contract of limited duration and will be automatically renewed at the end of said duration unless you cancel the Contract in accordance with section 6.
- To ensure timely cancellation, in order to prevent the delivery of a next box with Products, you must cancel 72 hours before our usual shipping date as described in clause 9.2.
- If you cancel your Subscription and on the condition you send us back the Products of the order you wish to cancel, we will:
- refund you the price you already paid for the Subscription and cancel all following monthly payment orders due under your Subscription. Please note we do not refund any delivery costs. We are also permitted by law to reduce your refund to reflect any reduction in the value of the goods. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us such appropriate amount;
- make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive your unambiguous declaration to cancel your Contract with us in accordance with clause 8.4.
- We will refund you via the payment method you used to pay for the order you placed with us. If you used vouchers to pay for the Product we may refund you in vouchers. If you received one of our Membership Services as a gift, we will refund the person who sent you this gift through the card details provided in the order form.
- You must return the Products to us without undue delay and in any event no later than 14 days after the day on which you let us know that you wish to cancel the Contract by sending it back to us via post to the address provided in clause 1.3.2. Unless the Product is faulty or not as described (in this case, see clause 15.2), you will be responsible for the cost of returning the Products to us.
- You have the responsibility to ensure returned Products are not damaged during transit and that they arrive at our correct address as mentioned in clause 1.3.2.
- Alternatively, if you already wish to cancel your order before receipt of the Dispatch Confirmation, you can let us know via the contact details mentioned in clause 1.3.2. In this case we will cancel your order without further consequences for you. We will not request payment from you in this case.
- Because you are a consumer, we are under a legal duty to supply Products that are in conformity with these Terms and local Consumer Rights laws. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this section or anything else in these Terms. Please see section 13 in this regard. Advice about your legal rights is available from your local advice bureau on consumer rights.
9. Delivery and shipping
- We only process your order, send you a Dispatch Confirmation and proceed to actual shipping once we have received payment from you in full for the first month of the Subscription.
- All boxes are dispatched on the 15th day of each month which means you should receive your box with Products depending on when you have placed your order as follows:
- If you placed your order between the 1st and 14th day at midnight, you should receive your box during the same month starting from the 16th.
- If you placed your order between the 15th and the last day of that month, you should receive your box during the following month starting from the 16th of that following month.
The estimated delivery date will be mentioned in your Order Confirmation.
Please note that all delivery dates are only estimates and you cannot derive any rights therefrom, save from the right that Products must be delivered to you at the latest 30 days after conclusion of the Contract between you and us in accordance with section 5.
- We carry the responsibility and risk in delivering the Products. However, you bare the risk of loss as soon as the Products are delivered to you (through physical transition of the Products to you).
- Deliveries take place on a monthly basis (in case you have opted for the six-, three-month or year plan) or exist in a single delivery (in case you have opted for the one-month plan).
- Occasionally our delivery to you may be affected by an Event Outside Our Control (Force Majeure). See section 16 for our responsibilities when this happens.
- Delivery of an order shall be completed when we deliver the Products to the address you gave us, or when you or a carrier organized by you collects them from us. The Products will be your responsibility from that time on.
- Ownership over the Products is transmitted to you once we have received payment in full, including all applicable delivery charges.
- If we miss the 30 day-deadline for delivery as described in clause 9.2, we offer you the following remedies to you:
9.8.1 you may cancel your order and Contract with us and we will offer you a full refund as described under section 8 (if the Products have been delivered to you in the meantime, you will need to return them to us); or
9.8.2 you may request we try again to deliver the Products, granting us a new delivery deadline that is reasonable and does not exceed 30 days.
10. International shipping
- We deliver to the following countries: Belgium, the Netherlands, Germany and France (the “Delivery Destinations”).
- There may be restrictions on some Products for certain International Delivery Destinations, so please verify this carefully with your local health and safety administration before placing your order. You will be responsible for payment of any penalty or fine imposed in relation to the violation of any local law.
- You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you do not comply with any such law.
11. Price of Products and delivery charges
- The prices of the Products and services will be as quoted on our site at the time you submit your order. All prices indicated on our Site are inclusive of VAT.
- The prices of our Products and services include delivery charges for the following destinations: Belgium, the Netherlands and Germany. Prices do not include delivery charges for all other destinations. Our delivery charges are as advised and calculated to you during the check-out process, before you confirm your order. Delivery charges may vary depending on specific circumstances.
- Our Site indicates all Subscription prices on a monthly basis (the “Monthly Subscription Fee”).
12 Billing and payments
- We do not ship Products unless we have duly received a full payment from you. When you receive a Dispatch Confirmation, you will know that your payment has been approved by us. Upon ordering a Subscription, you are only bound to pay the first month in full in case you pay via credit card or Paypal and to the amount corresponding to full term of your Subscription in case you pay via iDEAL or Bancontact.
- By ordering a Product you conduct a contractual relationship with us and you are bound to pay the Monthly Subscription Fee. In case you have ordered a Subscription for longer than one month and you use a credit or debit card to pay for it, you agree we can charge the Monthly Subscription Fee on this card each month.
- We use the payment tool provided by [INSERT NAME OF THIRD PARTY PAYMENT TOOL PROVIDER], a third party payment service provider. The latter’s terms and conditions apply to the payments you make. You can consult the current versions of their policies here: [INSERT LINK TO THIRD PARTY’S TERMS AND CONDITIONS]. You agree to the storage of your payment information with this third party, which may change over time.
- We would however already like to inform you that the following payment methods are accepted: Visa, Mastercard, Bancontact, Paypal, iDEAL and bank transfers. Payments in vouchers and gift certificates certified by us are also accepted.
- You are responsible for updating your payment method details (for example when your credit card is close to reaching its expiration date) in order to ensure payment under the Contract.
13 Legal warranty and Manufacturer guarantees
- Some of the Products we sell to you may come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products. Besides the legal warranty described in section 13.2, we do not provide guarantees or warranties in addition to the manufacturer’s guarantee.
- If you are a consumer, you will also have a legal warranty of two years in addition to any guarantee provided by the manufacturer. You may invoke this warranty in case the Products are not as described, meaning they do not correspond to the Product description we provide on our Site. The legal warranty starts from the day the Products are delivered to you. If you believe your Product is not as described, we ask you to contact us as soon as possible (and at least within two weeks after Products have been delivered to you). You have the legal right to ask for either repair or replacement, or a reduction of the sale price. All refunds are subject to the obligations under section 8. All remedies are subject to the use you make of our Products, and food items in particular. For more information on your rights under legal warranty, you may contact your local advice bureau on consumer rights.
- All manufacturers guarantee that the food items we deliver to you via our Subscriptions retain their declared properties during the minimum storage life indicated on the item itself, provided you comply with the proper storage conditions indicated on the packaging. We do not provide any additional guarantees in safety and health beyond this date.
14 Intellectual property
- The term “Content” in these Terms shall mean all information, text, images, data, links, software, or other material accessible through the Site or services, whether created by us or provided by another person for display on this Site or through the services.
- Except where expressly stated any trademarks/names featured on this Site are owned by the respective trade mark owners without them being linked or associated to us in any way. Where a trademark or brand name is referred to, it is used solely to describe or identify the Products and services and it is in no way an assertion that such Products or services are endorsed by or connected to us.
- Except where expressly stated we guarantee we own the intellectual property rights in the Content featured on this Site and we offer all users of this Site a personal, non-transferable and non-exclusive right to access the Content on this Site. Such right can in no event go further than the rights granted upon you under these Terms. Except where expressly stated we remain the exclusive owner of all intellectual property rights vested in the Content on this Site and you may therefore not use this Content without our explicit agreement.
- We do not claim ownership of any Content you make available through the Site. With respect to any Content you submit or make available for inclusion on the Site, you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (save for those non-transferable intellectual property rights). You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant us the license specified above and you agree to hold us harmless against any intellectual property claim that rises in this context. You further represent, warrant and covenant that any Content you provide will not contain libelous or otherwise unlawful, abusive or obscene material. We will be entitled to use any Content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
- If you believe that any Content on our Site infringes your copyright, you may request that this Content be removed. Please contact us via the contact details provided in clause 1.3.2 and we will guide you through all the steps.
15 Liability disclaimer
- This section takes prejudice over all other sections of these Terms and sets out our full liability and your only legal remedies for the execution, non-execution, alleged execution or delay in execution of these Terms or any other agreement between you and us.
- YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR DOG. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES.
- Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Site. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE THE LEGAL WARRANTIES WE DESCRIBE IN THESE TERMS.
- EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS SUPPLIED, AND ALL CONTENT ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, AND (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Nothing in these Terms excludes or limits your legal rights as a consumer under applicable law.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
- We only deliver the Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We specifically exclude all liability save liability arising from any one of these Terms.
- Nothing in these Terms excludes or limits our liability for:
15.9.2 Our own wilful misconduct;
15.9.3 Death or personal injury;
15.9.4 Our gross negligence; and
15.9.5 Any other liability that cannot be excluded by mandatory provisions of applicable law.
- Without prejudice to clause 17.9 and section 15, we do not provide any warranties and fully exclude our liability as to any failure to receive information on your part or any failure on your part in keeping all information provided to us updated. You are deemed to inform yourself before placing an order and when doing so not only basing yourself on the information you obtain from the Site.
- Without prejudice to clause 17.9 and section 15, our maximum aggregate liability under or in connection to these Terms whether in contract, tort (including negligence) or otherwise, vis-à-vis you or a third party, shall in no circumstances exceed a sum equal to the total of the order affected or €100, whichever is higher.
16 Force Majeure
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event outside our control. Such events include any act or event beyond our reasonable control, including but not limited to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or the impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport (“Event Outside Our Control”).
- If an Event Outside Our Control takes place that affects the performance of our obligations under a contract we have with you we will contact you as soon as reasonably possible to notify you; and our obligations under said contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel any contract you have with us that is affected by an Event Outside Our Control which has continued for more than 30 days. Please contact us via one of the contact methods mentioned in clause 1.3.2. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
We take the well-being of your dog and your satisfaction with our Products very seriously. This is why we have developed a specific email address to which you may direct all your complaints regarding our Products and services: firstname.lastname@example.org. The advantage is that we receive your complaints first-hand and that they are filtered out from other queries we receive. We make every effort to respond to your complaint within 5 business days.
18 Governing Law and Jurisdiction
- These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with Belgian law. This does not affect any mandatory provisions of law and rights granted to you as a consumer under any other applicable law. We recommend you consult your local advice bureau on consumer rights to find out which rights you have.
- Any action or claim arising out of or in connection with these Terms, including but not limited to non-contractual claims, shall be brought before a court of competent subject matter located in Hasselt, Belgium which shall have non-exclusive jurisdiction. This is without prejudice to your rights as a consumer to bring claims or actions in relation to these Terms before the courts of your country of domicile.
19 Other important terms
- We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms. We will always notify you if this happens.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- These Terms are considered an agreement between you and us. When you purchased our Membership Service as a gift, you are considered the only person who has rights and obligations under these Terms (not the recipient of the gift). No other person has rights or obligations under these Terms.
- If any provision or part-provision of these Terms is or becomes invalid according to (mandatory rules of) applicable law or is declared by any court or competent authority invalid, illegal or unenforceable, it shall be deemed to be modified to the minimum extent necessary to ensure it is valid, legal and enforceable whilst still retaining its intended commercial result to the greatest extent possible. If modification is not possible, the provision or part-provision in question shall be deemed deleted without affecting the validity and enforceability of any other provisions of these Terms, which shall remain in full force and effect.
- These Terms, along with all policies and the applicable order forms are executed and governed by the English language. To the extent any translation is provided to you, this is solely provided for convenience purposes only and in the event of a conflict between the English language version and any of the translations, to the extent permitted by applicable law, the English language version shall prevail.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Last update: 17 August 2020