General terms and conditions of 'Funky-Dogs.com', a website of Studio Vortex, located in 's-Hertogenbosch in the Netherlands.
1. General
1.1 These general terms and conditions apply to all offers from 'www.funky-dogs.com', hereinafter referred to as 'seller'. The conditions are accessible to everyone at https://www.funky-dogs.com.
1.2 By placing an order, the customer indicates that he agrees to these general terms and conditions. The seller reserves the right to change its general terms and conditions.
1.3 Unless agreed in writing, specific agreements, conditions and/or stipulations as well as stipulations from third parties are not recognized by the seller.
1.4 All images, drawings, descriptions and information are approximate only, are indicative and cannot give rise to compensation or termination of the agreement.
2. Delivery
2.1 Deliveries are made from stock, unless otherwise stated on the website or agreed with the customer and will be carried out within 3 working days after receipt of full payment. If delivery is not possible because the ordered item is not available in whole or in part, other than the stated delivery time on the website, or there is a delay for other reasons, the customer will receive a message within 3 working days after placing the order and will have in that case the right to cancel the order without costs and notice of default.
2.2 The seller's obligation to deliver will, unless proven otherwise, be fulfilled as soon as the goods delivered by the seller have been offered to the customer at least once. Upon delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer to deliver.
2.3 The costs for any resending and/or storage of the delivery are at the expense and risk of the customer and must be paid before the new delivery.
2.4 The customer must visually inspect the condition of the delivery before accepting it from the carrier. In the event of visible damage to the packaging, the customer must take clear photos and report this in writing to the carrier before accepting it. After receiving the delivery, the customer must immediately check the contents for any (transport) damage to products. If there is damage, the customer must clearly document this through photo and/or video material. Any damage must be reported immediately to the seller in writing.
2.5 All stated (delivery) times are indicative. No rights can be derived from the (delivery) periods.
3. Prices
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to typographical and printing errors. No liability is accepted for the consequences of typographical and printing errors.
3.3 All prices on the site are in Euros and, depending on the type of customer, are shown including or excluding VAT.
4. Trial period / right of withdrawal
4.1 In the context of the rules of 'distance purchasing', the customer, being a consumer/private individual, has the right to return (part of) the delivered goods within a period of 14 days without giving any reason. This period starts when the ordered goods have been delivered. If the customer has not returned the delivered goods to the seller after this period, the purchase is a fact. Before returning, the customer is obliged to notify the seller in writing within 14 days after delivery. The customer must be able to prove that the delivered goods have been returned (on time) by means of proof of delivery. Returns of the goods must be made in the original packaging, including accessories and associated documentation. If the goods have been used, encumbered or damaged in any way, the right to termination within the meaning of this paragraph lapses. Taking into account what is determined in the previous sentence, the seller ensures that the full purchase amount is refunded to the customer within 14 days after receipt of the return shipment. Returning the delivered goods is entirely at the expense and risk of the customer.
4.2 The right of withdrawal does not apply to:
- Business and/or professional customers.
- Services on behalf of the customer.
- Goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence.
- Goods that are manufactured according to consumer specifications, for example custom-made, or that have a clearly personal character.
- Goods that cannot be returned due to their nature, for example in connection with hygiene.
- Goods that, in connection with nutritional safety, have specific storage requirements and/or that can spoil or age.
- Goods that are returned incomplete and/or not in their original packaging.
5. Warranty and Conformity
5.1 The seller guarantees that the products meet the reasonable requirements of reliability and/or usability for a period that you can reasonably expect from the product, on the understanding that the warranty is never longer than a period of 1 year after delivery.
5.2 No warranty is given on dog toys unless it appears that the defect is clearly due to a production error.
5.3 The customer is obliged to check the delivered products within 3 working days after receipt. If it appears that one or more delivered products are incorrect, defective and/or incomplete, the customer must immediately report these defects in writing to the seller. Putting into use after discovering defects, damage occurring after discovering defects, encumbrance and/or resale after discovering defects, will void the right to complain.
5.4 If defects are found to be justified by the seller, the seller will reimburse the products in question in whole or in part.
5.5 The warranty does not apply if: A) and as long as the customer is in default towards the seller; B) the customer has repaired and/or processed the delivered goods himself or has had them repaired/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the seller's instructions and/or instructions for use; D) the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used; E) there is wear and/or environmental influences.
5.6 The warranty is based on 'carry-in', which means that the customer must deliver the delivered goods to the seller himself or send them to the seller at his own expense and risk.
6. Offers
6.1 Offers are without obligation, unless stated otherwise in the offer.
6.2 If the customer accepts a non-binding offer, the seller reserves the right to revoke or deviate from the offer within 14 working days after receipt of that acceptance.
6.3 Verbal commitments only bind the seller after they have been expressly confirmed in writing.
6.4 Offers from the seller do not automatically apply to repeat orders.
6.5 The seller cannot be held to its offer if the customer should have understood that the offer, or part thereof, contained an obvious mistake or typo.
6.6 Additions, changes and/or further agreements are only effective if agreed in writing.
7. Agreement
7.1 An agreement between the seller and the customer is concluded after an order has been assessed by the seller for feasibility.
7.2 The seller reserves the right not to accept orders or assignments without stating a reason.
8. Force majeure
8.1 The Seller is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
8.2 Force majeure includes any external cause, as well as any circumstance that should not reasonably be at its risk. Delays or failure to perform by our suppliers, disruptions to the Internet, disruptions to electricity, disruptions to e-mail traffic and disruptions or changes to technology supplied by third parties, transport difficulties, strikes, government measures, supply delays, negligence of suppliers and/or or manufacturers of the seller as well as of auxiliary persons, illness of personnel, defects in auxiliary or transport equipment expressly constitute force majeure.
8.3 In the event of force majeure, the seller reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. Under no circumstances is the seller obliged to pay any fine or compensation.
8.4 If, when the force majeure occurs, the seller has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to deliver the already delivered or deliverable part separately and the customer is obliged to accept this. However, this does not apply if the part already delivered or deliverable has no independent value.
9. Liability
9.1 With regard to legal liability, the seller is only liable for damage if it is covered by the liability insurance for companies taken out by the seller. The amount of the damage will be: determined by the insurance company, on the understanding that the compensation will never exceed the compensation to be paid by the insurance company.
9.2 Liability for damage resulting from delays in delivery, lost profits, stagnation damage and other consequential damage is excluded.
9.3 The seller is not liable for any form of damage resulting from incorrect use of products and/or failure to comply with safety regulations.
9.4 The Seller is not liable for damage caused by intent or equivalent deliberate recklessness.
10. Retention of title
10.1 Ownership of all goods sold and delivered by the seller to the buyer remains with the seller as long as the buyer has not paid the seller's claims under the agreement or previous or later similar agreements, as long as the buyer has completed the work performed or to be performed under this agreement. or similar agreements and as long as the buyer has not yet paid the seller's claims due to failure to comply with such obligations, including claims in respect of fines, interest and costs, all as referred to in Article 3: 92 BW.
10.2 The goods delivered by the seller that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
10.3 The customer is not entitled to pledge or encumber in any other way the items falling under the retention of title.
10.4 The customer now gives unconditional and irrevocable permission to the seller or a third party to be appointed by the seller, in all cases in which the seller wishes to exercise its ownership rights, to enter all those places where its property will be located and to dispose of those items there. to take.
10.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform the seller of this as soon as can reasonably be expected.
10.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make this insurance policy available for inspection to the seller upon first request.
11. Applicable law/competent court
11.1 Dutch law applies to all agreements.
11.2 Disputes arising from an agreement between the seller and the buyer, which cannot be resolved by mutual agreement, will be settled by the competent court within the district of 's-Hertogenbosch.