Therms and conditions

General Terms and Conditions -

Table of Contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Consumer's obligations during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
Article 9 - Entrepreneur's obligations in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance of the agreement and additional guarantee
Article 13 - Delivery and execution
Article 14 - Long-term transactions: duration, termination, and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions

Article 1 - Definitions In these terms and conditions, the following terms are understood to mean:

Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, 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;
Cooling-off period: the period during which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuing performance contract: a contract aimed at the regular delivery of goods, services, and/or digital content over a specified period;
Durable data carrier: any tool - including email - that enables the consumer or entrepreneur to store information personally addressed to him in a way that allows future consultation or use during a period tailored to the purpose for which the information is intended and that allows the unaltered reproduction of the stored information;
Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services remotely to consumers;
Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for remote selling of products, digital content, and/or services, whereby up to and including the conclusion of the contract, only or also use is made of one or more techniques for communication at a distance;
Model withdrawal form: the European model withdrawal form included in Annex I to these conditions;
Technique for communication at a distance: means that can be used for concluding a contract without the consumer and entrepreneur having to be simultaneously in the same room.

Article 2 - Identity of the entrepreneur Dooleys 3231 AR, Turfkade 20 ,Brielle, Netherlands +31612024372 reachable by phone at 08.30 till 17.00 GMT+1 Email info@dooleyspetstore.com Chamber of Commerce number: 58830987 VAT identification number: NL002192047B92

If the entrepreneur's activity is subject to a relevant licensing system: the details about the supervisory authority.

If the entrepreneur practices a regulated profession:

the professional association or organization to which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it was awarded;
a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at the entrepreneur's location and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

Article 4 - The offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete 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 are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

Article 6 - Right of withdrawal When delivering products:

When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. When delivering services:
When services are delivered, the consumer has the option to dissolve the contract without giving any reason within 14 days, starting on the day of entering into the contract.
To exercise his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Consumer's obligations during the cooling-off period

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When delivering services, the consumer will have the option to dissolve the contract without giving any reason during the cooling-off period, starting on the day of entering into the contract.
To exercise his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof

If the consumer exercises his right of withdrawal, he must notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of return.
If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or quantity commence in a specific volume or quantity during the cooling-off period, the consumer is the entrepreneur an amount that is proportional to that part of the obligation of the entrepreneur that has been fulfilled at the time of withdrawal, compared to the full fulfillment of the obligation.
The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if: a. he has not explicitly agreed to the start of the fulfillment of the agreement before the end of the cooling-off period; b. he has not recognized that he loses his right of withdrawal when giving his consent; or c. the entrepreneur has failed to confirm this statement from the consumer.

Article 9 - Entrepreneur's obligations in case of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will send a confirmation of receipt immediately upon receipt of this notification.
The entrepreneur reimburses 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 collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
The entrepreneur uses the same payment method that the consumer has used for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal The entrepreneur can exclude the consumer's right of withdrawal for the following products and services:

For products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period;
That are clearly personal in nature;
That cannot be returned due to their nature;
That can spoil or age quickly;
Whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
For individual newspapers and magazines;
For audio and video recordings and computer software of which the consumer has broken the seal.
For hygienic products of which the consumer has broken the seal.
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose sealing has been broken after delivery;
Products that, by their nature, are irrevocably mixed with other products after delivery;
Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings, and computer software, the sealing of which has been broken after delivery;
Newspapers, magazines, excluding subscriptions to them;
The supply of digital content not on a tangible medium, but only if: a. the performance has started with the explicit prior consent of the consumer; and b. the consumer has declared that he thereby loses his right of withdrawal

Article 11 - The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: a. these are the result of statutory regulations or provisions; or b. the consumer has the right to terminate the agreement from the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Article 12 - Performance of the agreement and additional warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

An additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill its part of the agreement.

An additional guarantee is understood to mean every obligation of the entrepreneur, its supplier, importer, or producer in which it grants the consumer certain rights or claims that go beyond what is legally required in the event it has failed to fulfill its part of the agreement.

Article 13 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the entrepreneur.

The entrepreneur will execute accepted orders expeditiously but no later than within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be or only partially executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.

After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Long-term transactions: duration, termination, and extension Termination:

The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due regard for the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time by the end of the definite period with due regard for the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the preceding paragraphs:

at any time and is not limited to termination at a specific time or in a specific period;

terminate at least in the same way as they have been entered into by him;

always terminate with the same notice period as the entrepreneur has stipulated for himself. Extension:

An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite duration.

Contrary to the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite duration of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer can terminate it at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period. Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless the reasonableness and fairness preclude termination before the end of the agreed duration.

Article 15 - Payment

Unless otherwise agreed in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.

In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When prepayment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed prepayment has taken place.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

If the consumer does not meet his payment obligation(s) in a timely manner, he is, after being informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to meet his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the still owed amount, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500,=; 10% on the following € 2,500,= and 5% on the next € 5,000,= with a minimum of € 40,=. The entrepreneur may deviate from the aforementioned amounts and percentages to the benefit of the consumer.

Article 16 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months of filing the complaint, a dispute arises that is eligible for dispute resolution.

Article 17 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

Article 18 - Additional or deviating provisions Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Attachment I: Model withdrawal form

Model withdrawal form

(fill in and return this form only if you want to withdraw from the agreement)

To: Dooleys 3231 AR, Turfkade 20, Brielle, Netherlands info@dooleyspetstore.com

I/We* hereby inform you that I/we* withdraw from our agreement concerning the sale of the following products: [designation product]* the supply of the following digital content: [designation digital content]* the performance of the following service: [designation service], withdrawn/withdrawn

Ordered on*/received on* [date of order for services or receipt for products]

[Name consumer(s)]

[Address consumer(s)]

[Signature consumer(s)] (only if this form is submitted on paper)

Delete as appropriate or fill in as appropriate.