GENERAL TERMS AND CONDITIONS OF SALE
Last updated on: 03-02-2023
Seller's contact details
The webshop, www.RHRpets.nl (hereinafter "The Webshop"), is owned by RHR Concepts, besloten vennootschap with its registered office in the Netherlands, 5151RS Drunen, Kasteeldreef 28, registered under the KVK number: 16064495 (hereinafter "Seller").
Telefoonnummer:+310416383221
E-mail: hello@rhrpets.com
Depot address: 5145 RJ, Waalwijk, Van Harenstraat 6, The Netherlands
Definitions
'Item(s)': Good(s) which can be purchased on the Webshop.
Consumer': Any natural person who purchases the Products made available by the Seller in the Webshop exclusively for non-professional purposes.
'Buyer': Any party acting as a buyer of the Seller's Articles, whether a natural person/Consumer or a legal entity.
'Force Majeure Event': A force majeure situation includes (but is not limited to): labour dispute, natural disaster, fire, mobilisation, epidemic or pandemic, embargo, ban on foreign exchange transfers, insurrection, lack of means of transport, general supply problem, limitation of employment and energy and any other event not controllable by the Seller, the (temporary) cessation of activities or production by the manufacturer of (parts of) the Articles, as well as the influence of legal, regulatory or other regulations that prevent certain (parts of) the Articles from being produced or offered.
'Party': Buyer or Seller.
'Parties': Buyer and Seller.
'Seller': RHR Concepts as defined under Article 1.
General
These General Terms and Conditions of Sale apply to all sales by Seller of Articles to a Buyer via the Webshop. They replace any previous general terms and conditions of sale of Seller. The possible application of general terms and conditions of sale of the Buyer or any other third party is hereby expressly excluded.
In order to place an order, the Buyer must be at least 18 years of age or older. If the Vendor notices that the order has been placed by a minor, it reserves the right to refuse the order.
Placing an order on the Webshop creates a distance sale between the Parties.
By placing an order with the Vendor via the Webshop, the Buyer is deemed to accept these General Terms and Conditions of Sale in their entirety and without any reservations.
Deviation from these General Terms and Conditions of Sale is only possible with the specific and written approval of the Vendor.
The possible nullity of any provision of these General Terms and Conditions of Sale shall in no case entail the nullity of the other provisions. In this case, the parties will make every effort to replace any void provision with an equivalent and valid provision.
The Vendor reserves the right to modify these General Terms of Sale and prices at any time as long as the agreement has not yet been concluded.
Order and confirmation
To purchase an Article online on the Webshop, the Buyer must click on the shopping cart icon and then on the "checkout" button. To complete the order, you must enter your billing details or log in via your personal account where your billing details have already been entered. Next, the Buyer can select the desired delivery method (shipping or collection) and a payment method. These details will then be repeated before the Buyer can agree to place the order.
The Vendor assumes that the invoicing details entered by the Buyer are correct. The Vendor shall obviously not be liable in the event of fraud or deception or in the event of errors by the Buyer, as a result of which an order cannot be fulfilled or can only be fulfilled with a delay.
If the ordering process has been successfully completed, the order will be confirmed to the Buyer by e-mail. Attached to the e-mail will be both the General Terms of Sale and the invoice in pdf format.
The order confirmation and invoice will be kept by the Vendor for as long as it is legally allowed. The Buyer may obtain them at any time upon express request.
Prices
All prices on the Webshop are displayed in euros (EUR) and include VAT, unless otherwise stated.
The Seller reserves the right to change prices at any time. The price applicable at the time of ordering is the price applicable to the purchase.
Discounts and promotions are clearly displayed on the Webshop. These may consist of:
temporary “from-to” prices;
discount codes that can be entered by the Buyer at checkout.
Discounts and promotions are only valid during the period stated on the Webshop. After the promotion has ended, the right to a discount expires.
Discounts and promotions are only valid at the time of purchase. The Buyer cannot claim a refund or settlement if the price of an Item is reduced after purchase or if a promotion or discount becomes applicable at a later date.
Discounts, promotions, and discount codes are not combinable with each other, unless explicitly stated otherwise on the Webshop.
The Seller reserves the right to cancel or correct orders if it appears that a price, discount, or promotion has been incorrectly stated as a result of a typing error, technical malfunction, or human error. In such cases, the Seller will immediately inform the Buyer and refund any amount paid.
Payment method
The Seller reserves the right to refuse any order from a Buyer with whom a dispute is pending or has already arisen in the past.
The Buyer's bank account shall be debited after confirmation of the purchase, and payment shall only become effective once the Buyer's bank has given its consent to the Vendor.
In case the Buyer's bank refuses the payment, the order is automatically cancelled.
The Vendor accepts the following payment methods: iDeal, Bancontact, bank transfer, In3, Klarna, Mastercard, Visa and PayPal.
The Buyer assures that it is legitimate to make online payments using any of the above payment methods and that there is sufficient cover in the bank account to cover all costs arising from the transaction.
Delivery of the order
If the Buyer places an order on the Webshop before 23:59, the order will be shipped the next day.
The duration of the delivery period depends on the following two factors, but will always be a reasonable period:
The availability of the Article in the Seller's stock. If the Article is not in stock, the delivery period may be longer. The Seller shall inform the Buyer of this before the order is placed in the description of the Article on the Webshop.
The location where the order is to be delivered, for an overview: See here.
The dispatch of the Articles is made from the depot in the Netherlands located at the address mentioned above. The Seller uses the delivery service DPD for the delivery.
If the Buyer places an order above EUR 35,-, no shipping costs will be charged. If the Buyer places an order below 35,- EUR, the Buyer will be obliged to pay the shipping costs. The amount of the shipping costs will vary depending on the country where the order is to be delivered. For an overview: See here.
The Articles will be delivered in a box, including clear assembly instructions, the user manual and the withdrawal form.
Collection of the order
The Buyer may also choose to collect the ordered Articles on site at the depot at the address mentioned above from Monday to Friday during opening hours from 08.00 to 16.00.
Right of withdrawal for Consumers
If the Consumer wishes to withdraw from the purchase after delivery, he must notify the Seller in writing via e-mail by completing the withdrawal form (https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf) or any other unequivocal statement and this within 14 days of receiving the Articles.
In that case, the Articles must be returned by the Consumer as soon as possible but in any case within 14 days following the notification as indicated under 9.1. to the address of the depot as mentioned above. The Articles must still be packed in their original packaging and must be unused.
The shipping costs for returning the Articles from the Consumer to the Seller shall always be borne by the Consumer.
Upon receipt of the returned, unused Articles, the original packaging will be checked and if there is no damage, the amount due will be transferred back to the Consumer in the same way as the payment was made at the time of the order.
If the packaging and/or the Articles are damaged, the Consumer will be informed via email by the Seller. In that case, the Consumer is not entitled to a refund of the Articles. In that case, the Articles will remain at the Consumer's disposal at the depot for a period of 14 days or will be returned to the delivery address provided at the time of ordering at the Consumer's request and expense.
Force majeure
Any order of Articles may be cancelled by the Seller after simple written notification and without compensation or its execution may be delayed if a Force Majeure situation occurs.
Upon notification of delay in execution of the Articles order due to Force Majeure, the Buyer also has the option, if the Force Majeure situation persists for more than 14 calendar days, to cancel the order without any compensation being due.
Guarantee
11.1. Return of faulty and/or damaged Articles is only possible if the Buyer informs the Seller by e-mail within 8 calendar days after receipt of the Article in order to obtain a return authorisation from the Seller.
11.2. In case of a return agreement, the Seller shall replace the Article, or, in agreement with the Buyer, deliver an alternative Article or refund the price of the returned Article. In any event, the Seller shall never be liable for any compensation.
11.3. In case the Buyer is a Consumer, it will benefit from a warranty of two years from date of delivery for any lack of conformity that manifests itself within the two years, unless the Article has a shorter lifespan. In this case, the guarantee is limited to the lifetime of the Article. This guarantee may only be invoked if the Consumer reports it within two months of discovering the lack of conformity.
Liability
12.1. Barring intent or gross negligence on the part of the Seller or its personnel or appointees, the Seller shall not be liable for any damage suffered by the Buyer or a third party as a result of the non-functioning or improper functioning of the Articles, as well as for damage resulting from untimely, incorrect or incomplete deliveries or provision of the Articles. Nor shall there be any liability on the part of the Seller if the Articles are used incorrectly by the Buyer or a third party.
12.2. Under no circumstances shall the Seller be liable for any indirect damage, consequential damage, immaterial damage or trading loss. In the event of liability for direct damage, any compensation may never exceed 10 times the value of the purchased Articles.
12.3. However, any limitation of liability in Articles 12.1 and 12.2 shall not apply if the damage concerns physical injury or death.
Complaints
If the Buyer is not satisfied for any reason, he can always contact the customer service department which can be reached at the contact details mentioned in article 1 from Monday to Friday during opening hours from 9 a.m. to 4 p.m. The customer service will respond as soon as possible but at the latest within 14 days to try to resolve the complaint as quickly as possible and to his satisfaction.
Applicable law and competent court
All legal relationships are governed exclusively by Dutch law.
If the agreement is concluded between the Consumer and the Seller, the court of the Consumer's place of residence shall have jurisdiction to hear the dispute. For other disputes, the District Court of Zeeland-West Brabant, sitting in Breda, the Netherlands, will be competent.
There is also the possibility for Consumers to appeal to alternative dispute resolution. To find out which body is competent in the relevant Member State, please refer to: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2.
