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General Terms & Conditions

Contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Withdrawal rights
Article 7 - Consumer obligations during the cooling-off period
Article 8 - The consumer exercising his withdrawal rights and the costs of this
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of withdrawal rights
Article 11 - The Price
Article 12 - Compliance and additional guarantee
Article 13 - Delivery and performance
Article 14 - Extended transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints handling
Article 17 - Disputes
Article 18 - Additional or deviating provisions
Article 19 - Changes to the General Terms and Conditions

Article 1 - Definitions

In these Terms and Conditions the following definitions shall apply:

  1. Additional agreement: an agreement in which the consumer obtains products, digital content and/or services in relation to a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
  2. Cooling-off time: the term within which the consumer can rely upon his withdrawal rights;
  3. Consumer: the natural person who does not make purchases for purposes relating to his trade, business, craft or professional activity;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital format;
  6. Performance agreement: an agreement that extends to the regular delivery of goods, services and/or digital content for a certain period of time;
  7. Durable Data Carrier: every resource, including e-mail, that allows the consumer or entrepreneur to store data that is addressed to him personally in a way that enables the user to access it in future or use it for a period corresponding to the purpose of the information, and which allows the unchanged reproduction of the stored information;
  8. Withdrawal rights: the option for the consumer to change his mind about the distance contract within the cooling-off period;
  9. Entrepreneur: the natural person or legal entity who offers products, (access to) digital content and/or services at a distance to consumers;
  10. Distance contract: a contract concluded between the entrepreneur and the consumer in the context of an organised system for the distance-selling of products, digital content and/or services for which one or multiple remote communication channels are used (exclusively or among other methods), including for the conclusion of the contract;
  11. Model form for withdrawal: the European model form for withdrawal, which can be found in Appendix I of these terms and conditions. Appendix I does not have to be made available if the consumer does not have the right to withdraw in relation to his order;
  12. Remote communication channel: a means that can be used to conclude a contract without the consumer and the entrepreneur having to get together in the same place at the same time.

Article 2 - Identity of the entrepreneur

Onlinepets B.V.
Emmerblok 1
4751 XE Oud Gastel, The Netherlands
Telephone number: +44 (0) 20 3191 8322 (Monday to Thursday 8am until 4pm)
E-mail address: contact@vetsend.co.uk
Chamber of Commerce number: 50209981
VAT identification number: GB 231 3058 50

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate in what way the general terms and conditions can be accessed from the entrepreneur and that they will be sent to the consumer as soon as possible and at their request and at no added cost.
  3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before this distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically so that it is easy for the consumer to store it 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 accessed electronically and the consumer will be notified that they will be sent to him electronically at their request and at no added cost.
  4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions apply, the second and third paragraphs shall apply mutatis mutandis and in the event that the terms and conditions contradict each other the consumer can always rely on the applicable provision that benefits him most.

Article 4 - The Offer

  1. If an offer has a limited validity or is subject to certain terms and conditions, this will be explicitly stated in the offer.
  2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer shall not be binding for the entrepreneur.
  3. Every offer contains sufficient information that makes clear to the consumer what rights and obligations are related to the acceptance of the offer.

Article 5 - The Agreement

  1. Subject to the provisions of paragraph 4, the contract is concluded at the point at which the offer is accepted by the consumer and when the corresponding terms and conditions have been met.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can still dissolve the contract.
  3. If the contract is concluded electronically, the entrepreneur shall take suitable technological and organisational measures to secure the electronic transfer of data and he will provide a safe web environment. If the consumer can pay electronically, the entrepreneur will take suitable security measures for this.
  4. The entrepreneur can gather information within the legal frameworks on whether the consumer is able to meet his payment obligations, as well as all of the facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reason not to conclude the contract, he is entitled to refuse an order or enquiry or to attach special terms and conditions to its performance, stating his reasons.
  5. The entrepreneur will include the following information, upon delivery to the consumer of the product, service or digital content, in writing or in such a way that it can be easily stored by the consumer on a durable data carrier:
    • the visitor address of the branch of the entrepreneur where the consumer can lodge complaints;
    • the terms and conditions under which, and the way in which, the consumer can use the right to withdraw, or a clear notification regarding the exclusion of the right to withdrawal;
    • the information on guarantees and existing service after purchase;
    • the price, including all taxes on the product, service or digital content; insofar as applicable the delivery costs, and the method of payment, delivery or performance of the distance contract;
    • the requirements to termination of the contract if the contract has a duration of more than one year or is indefinite;
    • if the consumer has the right to withdraw, the model form for withdrawal.
    • In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Withdrawal rights

For products:

  1. The consumer can cancel a contract in relation to the purchase of a product during a cooling-off period of at least 30 days without stating reasons. The entrepreneur may ask the consumer for the reason of withdrawal, but must not force the consumer to state his reason(s).
  2. The cooling-off period referred to in paragraph 1 shall start the day after the consumer, or a third party who is not the transporter and has been previously appointed by the consumer, has received the product, or:
    • if the consumer has ordered several products in the same order: the day on which the consumer, or a third party appointed by the consumer, has received the last product. Provided that he has clearly informed the consumer about this prior to the ordering process, the entrepreneur can refuse an order consisting of several products with different delivery times.
    • if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party appointed by the consumer, receives the last shipment or the last part;
    • in contracts for regular deliveries of products over a certain period: the day on which the consumer, or a third party appointed by the consumer, receives the first product.

For services and digital content not delivered on a material carrier:

  1. The consumer can dissolve a service agreement and a contract for the delivery of digital content that is not delivered on a material carrier in a minimum of 30 days without stating reasons. The entrepreneur may ask the consumer for the reason of withdrawal, but must not force the consumer to state his reason(s).
  2. The cooling-off period referred to in paragraph 3 shall start on the day following the conclusion of the contract.

Extended cooling-off time for products, services and digital content not delivered on a material carrier in the event of failure to inform about withdrawal rights:

  1. If the entrepreneur has failed to provide the consumer with the legally required information regarding the right of withdrawal, or has failed to provide the model form for withdrawal, the cooling-off period will end twelve months after the end of the original cooling-off period, in accordance with the previous paragraphs of this article.
  2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period will end 30 days after the date on which the consumer receives this information.

Article 7 - Consumer obligations during the cooling-off period

  1. During the cooling-off period, the consumer must handle the product and packaging with due care. He shall only take the product out of the packaging or use it to the extent necessary in order to establish the nature, features and function of the product. The principle here is that the consumer may only use and inspect the product as he would be allowed to do in a store.
  2. The consumer is solely liable for the devaluation of the product as a result of his handling of the product outside of the use described in paragraph 1.
  3. The consumer shall not be held liable for the devaluation of the product if the entrepreneur has failed to provide him with all legally required information about his withdrawal rights prior to or upon concluding the contract.

Article 8 - The consumer exercising his withdrawal rights and the costs of this

  1. If the consumer uses his withdrawal rights, he must report this to the entrepreneur within the cooling-off period using the model form for withdrawal or in another unambiguous way.
  2. As soon as possible, but within 30 days of the day following the report referred to in paragraph 1, the consumer shall return the product via post or hand it over to (an authorised agent of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer will have observed the returns term in any case if he returns the product prior to the end of the cooling-off period.
  3. The consumer must return the product including all its accessories, in its original state and packaging if reasonably possible, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for exercising the right of withdrawal correctly and in a timely manner is with the consumer.
  5. The consumer shall bear the direct costs of returning the product. If the entrepreneur has not informed the consumer that the consumer must bear these costs, or if the entrepreneur indicates that he will bear the costs himself, then the consumer does not need to bear the costs of the return.
  6. If the consumer withdraws from the contract, having previously expressly requested the performance of the service or the supply of gas, water or electricity that are not prepared for sale, to start during the cooling-off period in a limited volume or specific quantity, the consumer must pay the entrepreneur an amount that is equivalent to the part of the obligation that has been met by the entrepreneur at the time of withdrawal, in proportion to the full obligation.
  7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or specific quantity, or for the supply of district heating, if:
    • the entrepreneur has not provided the consumer with the legally required information about withdrawal rights, the compensation in the event of withdrawal or the model form for withdrawal, or;
    • the consumer has not explicitly requested the start of the performance of the service or supply of gas, water, electricity or city heating during the cooling-off period.
  8. The consumer shall not bear any costs for the full or partial delivery of digital content that is not delivered on a material carrier if:
    • he has not explicitly agreed, before the delivery, to the start of the performance of the contract prior to the end of the cooling-off period;
    • he has not acknowledged that he will lose his withdrawal rights when granting his permission; or
    • if the entrepreneur has failed to confirm this statement from the consumer.
  9. If the consumer uses his withdrawal rights, all additional agreements shall be legally dissolved.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

  1. If the entrepreneur allows the consumer to report his withdrawal electronically, he will send confirmation of receipt immediately after receipt of this report.
  2. The entrepreneur shall compensate all payments of the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately and within 30 days following the date on which the consumer reports his withdrawal. Unless the entrepreneur offers to collect the product himself, he can delay the refund until such time as he has received the product or until the consumer can demonstrate that he has sent the product back, whichever is earliest.
  3. The entrepreneur shall use the same payment method for refunds as that used by the consumer, unless the consumer agrees to another method. The consumer shall not incur any costs for the refund.
  4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not obliged to refund the additional costs for the more expensive postage.

Article 10 - Exclusion of withdrawal rights

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in his offer, or communicated this in good time prior to concluding the contract:

  1. Products or services for which the price is linked to fluctuations in the financial market, which cannot be affected by the entrepreneur and which may occur within the withdrawal term;
  2. Contracts concluded during a public auction. Public auction is defined as a selling method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally in attendance or has the opportunity to personally attend the auction, led by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service agreements, after full performance of the service, but only if:
    • the performance started with the express prior agreement of the consumer; and
    • the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the contract;
  4. Service agreements for the provision of accommodation, if the agreement states a specific date or period of completion and other than for living purposes, transportation of goods, car hire services and catering;
  5. Contracts relating to leisure time, if a specific date or period of completion is provided in the contract;
  6. According to the specifications of the products manufactured by the consumer that are not prefabricated and that are manufactured based on an individual choice or decision by the consumer, or that are clearly intended for a specific person;
  7. Products that spoil quickly or have a limited shelf life;
  8. Sealed products that are not suitable to return for reasons of hygiene or health protection and for which the seal has been broken after delivery;
  9. Products that are irrevocably mixed with other products after delivery by their nature;
  10. Alcoholic beverages for which the price was agreed upon conclusion of the contract, but which can only be delivered after 30 days, and whose real value depends on fluctuations in the market, which is out of the entrepreneur's control;
  11. Sealed audio, video recordings and computer software, for which the seal has been broken after delivery;
  12. Newspapers or magazines, with the exception of subscriptions;
  13. The delivery of digital content other than on a material carrier, but only if:
    • the performance started with the express prior agreement of the consumer; and
    • the consumer has declared that he will lose his withdrawal rights.

Article 11 - The Price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, save for changes in price resulting from changes in VAT rates.
  2. In deviation from the previous paragraph, the entrepreneur may offer products or services for which the prices are linked to fluctuations in the financial market and which the entrepreneur cannot affect at variable prices. This link to fluctuations and the fact that any prices stated are indicative only are contained in the offer.
  3. Price increases within 3 months of the conclusion of the contract 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 permitted if the entrepreneur has stipulated this and:
    • they are the result of legal regulations or provisions; or
    • the consumer has the authority to terminate the contract as of the day on which the price increase is effective.
  5. The prices of the products or services stated in the offer are inclusive of VAT.

Article 12 - Compliance and additional guarantee

  1. The entrepreneur must ensure that the products and/or services meet the requirements of the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and any legal provisions and/or government regulations that apply on the date of the conclusion of the contract. If agreed, the entrepreneur must also ensure that the product is suitable for use other than normal use.
  2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer shall never restrict the legal rights and claims that the consumer can bring against the entrepreneur based on the contract, if the entrepreneur fails to meet the obligations of his part of the contract.
  3. Additional guarantee includes every obligation of the entrepreneur, his supplier, importer or manufacturer in which they grant certain rights or claims to the consumer that go beyond his legal obligation in the event that they fail to meet their part of the contract.

Article 13 - Delivery and performance

  1. The entrepreneur shall take the utmost care in the receipt and handling of orders of products and in the assessment of enquiries regarding the provision of services.
  2. The address that the consumer has communicated to the entrepreneur shall be used as the delivery address.
  3. Subject to the contents of Article 4 of these terms and conditions on this matter, the entrepreneur shall carry out accepted orders expeditiously but within 30 days at the latest, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be carried out, the consumer will be notified of this within 30 days of placing the order at the latest. In this event, the consumer has the right to dissolve the contract without incurring any costs and is entitled to compensation if appropriate.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the sum paid by the consumer.
  5. The risk of damaging and/or losing products is borne by the entrepreneur until they have been delivered to the consumer or a previously appointed representative of whom the entrepreneur has been notified, unless expressly agreed otherwise.

Article 14 - Extended transactions: duration, termination and extension

Termination:

  1. The consumer can terminate an indefinite contract for the regular delivery of products (including electricity) or services at any time, with due observance to the agreed termination rules and a maximum notice period of one month.
  2. The consumer can terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time near the end of the fixed term, with due observance to the agreed termination rules and a maximum notice period of one month.
  3. In relation to the contracts mentioned in the previous paragraphs, the consumer can:
    • terminate these at any time and shall not be restricted to termination at a specific time or in a specific period;
    • at least terminate contracts in the same way as that in which they were concluded;
    • always terminate contracts with the same notice period as that stipulated by the entrepreneur.

Extension:

  1. A fixed-term contract for the regular delivery of products (including electricity) or services cannot be extended or renewed for a fixed term automatically.
  2. In deviation from the previous paragraph, a fixed-term contract for the regular delivery of daily and weekly newspapers and magazines can be renewed automatically for a maximum fixed term of three months, provided that the consumer can terminate this extended contract by the end of the extension observing a maximum notice period of one month.
  3. A fixed-term contract for the regular delivery of products or services can only be extended automatically for an indefinite period if the consumer can cancel at any time with a maximum notice period of one month. The maximum notice period is three months in the event that the contract is for the regular delivery of daily and weekly newspapers and magazines with a delivery frequency of less than once a month.
  4. A fixed-term contract for the regular delivery, by way of introduction, of daily and weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be automatically continued and will end automatically at the end of the trial or introduction period.

Duration:

  1. If a contract has a duration of more than one year, then the consumer may cancel the contract at any time after one year with a maximum notice period of one month, unless there are reasonable and fair grounds for cancelling before the end of the agreed term.

Article 15 - Payment

  1. Insofar as the contract or additional terms and conditions do not provide otherwise, the consumer must pay the amounts owed within 14 days of the start of the cooling-off period, or in the absence of a cooling-off period within 14 days of the conclusion of the contract. In the event of a contract to provide a service, this period starts on the day after the consumer receives confirmation of the contract.
  2. In the sale of products to consumers, the general terms and conditions must never oblige the consumer to pay more than 50% as an advance payment. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has taken place.
  3. The consumer has a duty to inform the entrepreneur promptly of possible inaccuracies in the payment details provided.
  4. If the consumer fails to make payment within 14 days of the start of the cooling-off period, or in the absence of a cooling-off period within 14 days of the conclusion of the contract, the performance agreement and contract will be terminated by the entrepreneur.

Article 16 - Complaints handling

  1. The entrepreneur has a sufficiently communicated complaints procedure and shall handle the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the contract must be described fully and clearly and submitted to the entrepreneur within a reasonable period after the consumer has noticed the defects.
  3. The entrepreneur will respond to complaints submitted to him within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14 day period to acknowledge receipt and to indicate when the consumer can expect a more detailed response.
  4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. If the complaint cannot be resolved within this term, there will be a dispute that is eligible for the dispute settlement regulation.

Article 17 - Disputes

  1. Agreements between the entrepreneur and the consumer, which are subject to these general terms and conditions, are exclusively governed by Dutch law.
  2. Disputes between the consumer and the entrepreneur about the conclusion or performance of contracts relating to products and services supplied or to be supplied by this entrepreneur can, subject to the provisions below, be presented to the Dispute Resolution Body via the European ODR Platform (ec.europa.eu/consumers/odr).
  3. The Dispute Resolution Body will only take on a case if the consumer has first submitted his complaint to the entrepreneur within a reasonable period.
  4. If the complaint does not lead to a resolution, then the dispute must be brought before the Dispute Resolution Body within 12 months of the date on which the consumer submitted the complaint to the entrepreneur, in writing or in another form to be determined by the Dispute Resolution Body.
  5. If a consumer wants to submit a dispute to the Dispute Resolution Body, the entrepreneur is bound by that choice. It is preferable that the consumer reports this to the entrepreneur first.
  6. If the entrepreneur wants to submit a dispute to the Dispute Resolution Body, within five weeks of a written submission by the entrepreneur, the consumer will have to announce in writing whether he is in agreement or whether he wants the dispute to be heard by the competent court. If the consumer does not communicate his decision to the entrepreneur within the five week period, then the entrepreneur has the right to submit the dispute to the competent court.
  7. The Dispute Resolution Body rules under the terms and conditions established in the regulations of the Dispute Resolution Body. The Dispute Resolution Body rules by way of binding advice.
  8. The Dispute Resolution Body will not deal with a dispute or will cease to deal with a dispute if the entrepreneur has been granted suspension of payment, if he has gone bankrupt or if he has in fact ceased his business activities before a dispute has been heard by the Dispute Resolution Body and a final ruling has been made.

Article 18 - Additional or deviating provisions

Additional provisions, or provisions deviating from these general terms and conditions, shall not be to the detriment of consumers and must be recorded in writing or in such a way that they can be easily stored by the consumer on a durable data carrier.

Article 19 - Changes to the General Terms and Conditions

  1. Changes to these terms and conditions shall only be valid after they have been published in the appropriate way, provided that the provision that is most favourable to the consumer shall prevail in case of appropriate changes during the validity of the offer.

Appendix I: Model form for withdrawal

Model form for withdrawal

(only complete and return this form if you wish to withdraw from the contract)

- To: Vetsend.co.uk
Emmerblok 1
4751 XE Oud Gastel, The Netherlands
E-mail: via this form

- I/We* hereby inform you that I/we* withdraw from our contract regarding
the sale of the following product(s): [specify product]*
the delivery of the following digital content: [specify digital content]*
the performance of the following service: [specify service]*.

- Ordered on*/received on* [order date for services or receipt date for products]
- [Name(s) of consumer(s)]
- [Address(es) of consumer(s)]
- [Signature of consumer(s)] (only when this form is submitted on paper)

* Delete or complete as applicable.

       
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