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The following definitions apply in these terms and conditions:
Customer: the person who enters into a (distance) contract with PoopyPets;
Contract: a (distance) contract concluded between PoopyPets and the Customer regarding the order of a Product;
PoopyPets: PoopyPets B.V. and PoopyPets Sales B.V. having their registered office in Amsterdam and registered with the Chamber of Commerce in Amsterdam under number 58554548 respectively 57852340;
Product: a product of PoopyPets as offered on the Website;
Right of withdrawal: the possibility for the Customer to waive the (distance) Contract within 14 (fourteen) days; Our IBAN nr is NL80RABO0101778678.
Terms and Conditions: these terms and conditions; and Website: the website of PoopyPets: www.poopycat.com.
Article 1 – Applicability
- These general Terms and Conditions apply to every legal relationship under a Contract regarding the purchase of a (subscription to a) Product.
- By placing a purchase order, the Customer agrees that the Terms and Conditions apply. PoopyPets explicitly rejects any terms and Conditions of the Customer.
- The Customer will be provided with the text of these Terms and Conditions electronically, in such a way that the Customer can easily store them on a durable data carrier. If this is not reasonably possible, PoopyPets will indicate where the Terms and Conditions can be inspected electronically before concluding the Contract, or they will be sent to the Customer free of charge, either electronically or in some other way at the Customer’s request.
- In case of an event not provided in the Terms and Conditions, PoopyPets will make an arrangement in all fairness.
- 5. If any provision of the Terms and Conditions is or is held to be invalid or unenforceable, then so far as it is invalid or unenforceable it has no effect and is deemed not to be included in this Terms and Conditions. This shall not invalidate any of the remaining provisions of this Terms and Conditions.
6. If any provision is invalid or non-binding, PoopyPets and the Customer will replace the invalid or non binding part of the provision with a new provision that is valid and binding and whose legal effect is as close as possible to that of the invalid and non-binding part of the provision.
Article 2 – The offer
- The offer contains a complete and accurate description of the Products being offered. The description is sufficiently detailed to enable the Customer to make a proper assessment of the offer. PoopyPets is not bound by obvious errors or mistakes in the offer.
- If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
- 3. Every offer will contain such information that makes it clear to the Customer what rights and obligations are involved in accepting the offer. This includes, in particular:
The price van de Products, including taxes;
- any cost of delivery of the Products;
- the way in which the Contract shall be concluded and which actions this will require;
- whether or not the Right of withdrawal applies; and
- the method of payment, delivery and implementation of the Contract.
Article 3 – The Contract
- The Contract will be concluded at the moment at which the Customer accepts the offer and the conditions thereby stipulated have been fulfilled.
- If the Customer has accepted the offer electronically, PoopyPets will immediately confirm receipt of acceptance of the offer electronically. The Customer can dissolve the Contract as long as this acceptance has not been confirmed by PoopyPets.
- Together with the Product, PoopyPets will send to the Customer the following information, in writing, or in such a way that the Customer can store it on an accessible durable medium:
- the office address of the business location of PoopyPets where the Customer can file complaints;
- the conditions under which the Customer can make use of the Right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the Right of withdrawal;
- information on guarantees and existing after-sales service;
- the data included in article 2, paragraph 3 of these Terms and Conditions, unless PoopyPets has already provided the Customer with these prior to concluding the Contract; and
- the requirements for terminating the Contract, if the duration of the Contract exceeds one year or is indefinite.
Article 4 – Subscription
1. PoopyPets offers Customers the possibility to subscribe to Products. The Products will then be delivered monthly at the address, day and half-day that the Customer makes known to PoopyPets.
2. Payment takes place monthly through automatic debt collection approximately one week before delivery of the Products.
3. The Customer is entitled to cancel the subscription in writing (by letter or by e-mail), not later than 72 hours before the time of the next delivery of the Product.
4. PoopyPets is entitled to cancel the subscription in writing (by letter or by e-mail), subject to 2 (two) months’ notice.
5. In case of breach of contract by the Customer, PoopyPets is at all times entitled to dissolve the Contract.
Article 5 – Right of withdrawal upon delivery of Products
- After delivery of the Products, the Customer has the possibility of dissolving the Contract, without stating reasons, during 14 (fourteen) days. This period commences on the day the Product was received by the Customer.
- The Right of withdrawal, as contained in Article 5 paragraph 1, also applies if the Product does not satisfy the requirements of the Customer.
- If the Customer has already paid the purchase price, PoopyPets will refund this purchase price as quickly as possible, though at the latest within 30 (thirty) days after the Product is returned.
- During this period the Customer will treat the Product and its packaging with care. The
Customer wishes to retain the Product. If the Customer wishes to exercise his Right of withdrawal, then the Customer will return the Product to PoopyPets, with all associated components, and – in as far as this is reasonably possible – in the original state and packaging.
- Damaged, incomplete or used Products are excluded from the Right of withdrawal.
- The Customer has to print and fill out the return form upon returning the products. The return form can be found on the Website.
Article 6 – Costs in a case of withdrawal
If a Customer makes use of his Right of withdrawal, the Customer shall be solely responsible for the costs of returning the goods.
Article 7 – The price
1. During the period of validity indicated in the offer, the prices of the Products being offered will not be increased, except for price changes in VAT-tariffs.
- Price increases within 3 months after the Contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
- Price increases more than 3 months after the Contract was concluded are only permitted if PoopyPets stipulated as much and:
- they are the result of statutory regulations or stipulations; or
- the Customer is authorized to terminate the Contract on the day on which the price increase takes effect.4. Prices stated in offers of Products include VAT.
Article 8 – Conformity and Guarantee
PoopyPets guarantees that the Products fulfil the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations
that existed on the date that the Contract was concluded.
Article 9 – Supply and implementation
1. PoopyPets will take the possible care when receiving and implementing orders for Products
2. The place of delivery is deemed to be the address that the Customer makes known to PoopyPets.
3. The day and half-day of delivery of the Products is the day and half-day made known to PoopyPets by the Customer.
4. PoopyPets shall execute accepted orders within 5 (five) business day, unless a longer delivery period has been agreed.
5. The customer receives an email of PoopyPets setting out the delivery data
6. PoopyPets is not bound by a delivery period, if such period cannot be fulfilled due to unforeseen circumstances or force majeure.
7. The delivery costs will be calculated upon dispatch of the Products. These costs are set out on the Website.
Article 10 – Payment
1. Payment will take place through the online payment system offered by PoopyPets, or, in case of an order of a subscription to a Product, by direct debit. The Customer guarantees that the amount due can be collected by PoopyPets.
2. If PoopyPets cannot collect the amount due from the Customer, PoopyPets will inform the Customer in writing, and PoopyPets will allow the Customer a new payment period.
3. If the Customer fails to pay the amount due within the period set by PoopyPets, the Customer will be in default without a demand or notice of default being required.
4. If PoopyPets is forced to engage a debt-collection agency due to the default of the Customer, all costs incurred related to the default, such as administrative expenses, judicial and extrajudicial costs, shall be entirely for Customer’s account.
5. If the Customer fails to perform its obligations under the Contract, or if PoopyPets has reasonable doubt regarding the payment capacity of the Customer, PoopyPets shall be entitled to postpone delivery of the Products until the Customer has provided security over payment, or terminate the Contract.
Article 11 – Personal Information
Article 12 – Liability
- If the Customer suffers damage as a result of a shortcoming that be accounted to PoopyPets in fulfilling the Agreement, PoopyPets is only liable for the damage that is a direct result thereof within the meaning of Article 6:96 Dutch Civil Code.
- PoopyPets shall not be liable for any consequential damages of the Customer.
- The Customer is to report any damages to PoopyPets as soon as possible and within 2 (two) weeks after occurrence of said damage.
Article 13 – Amendment of the Terms and Conditions
These Terms and Conditions may be amended by PoopyPets. Amendments to these Terms and Conditions shall be made public at least 10 (ten) calendar days before the entry into force.
Article 14 – Disputes
- Contracts entered into between PoopyPets and a Customer and which are subject to these Terms and Conditions are subject only to Dutch law.
- The Court of Amsterdam has jurisdiction over disputes arising from the Contract between PoopyPets and the Customer.