General Terms and Conditions Paw Planet

Table of Contents

• Article 1 - Definitions
• Article 2 - Identity of Paw Planet
• Article 3 - Applicability
• Article 4 - The Offer
• Article 5 - The Agreement
• Article 6 - Right of Withdrawal
• Article 7 - Obligations of the Consumer During the Cooling-off Period
• Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
• Article 9 - Obligations of Paw Planet in Case of Withdrawal
• Article 10 - Exclusion of Right of Withdrawal
• Article 11 - The Price
• Article 12 - Conformity and Warranty
• Article 13 - Delivery and Performance
• Article 14 - Continuing Transactions: Duration, Termination and Renewal
• Article 15 - Payment
• Article 16 - Complaints Procedure
• Article 17 - Applicable Law and Competent Court
• Article 18 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following terms are defined as follows:

• Additional Agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these are delivered by Paw Planet or by a third party based on an agreement between that third party and Paw Planet.
• Cooling-off Period: the period within which the consumer may exercise the right of withdrawal.
• Consumer: the natural person who is not acting for purposes related to trade, business, craft, or profession.
• Day: a calendar day.
• Digital Content: data produced and delivered in digital form.
• Continuing Agreement: an agreement providing for the regular delivery of goods, services, and/or digital content over a certain period.
• Durable Data Carrier: any means (including email) that enables the consumer or Paw Planet to store information addressed personally to them in a way that allows future reference or use for a period adequate to the purpose of the information, and which enables unchanged reproduction of the stored information.
• Right of Withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period.
• Distance Contract: a contract concluded between Paw Planet and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, whereby exclusive or joint use is made of one or more means of distance communication up to and including the conclusion of the contract.
• Paw Planet: the legal entity offering products, (access to) digital content, and/or services remotely to consumers.
• Model Withdrawal Form: the European model withdrawal form included in Annex I.
• Means of Distance Communication: a means that can be used to conclude an agreement without the consumer and Paw Planet being simultaneously present in the same space.

Article 2 - Identity of Paw Planet

• Business Name: Paw Planet
• Chamber of Commerce Registration Number: 96941227
• VAT Number: NL005238865B48
• Business Address: Nieuwstraat 1, 4697CA Sint-Annaland, The Netherlands
• Telephone Number: +31 6 57 20 98 35
• Availability: Monday to Friday from 09:00 to 17:00
• Email Address: info@pawplanet.nl

Article 3 - Applicability

1. These general terms and conditions apply to every offer from Paw Planet and to every distance contract concluded between Paw Planet and the consumer.
2. Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, Paw Planet shall indicate how the terms and conditions can be inspected and that they will be sent free of charge at the consumer’s request.
3. If the contract is concluded electronically, the text of these terms and conditions may also be made available electronically in such a way that the consumer can easily store them on a durable data carrier.
4. Where specific product or service conditions apply in addition to these general terms and conditions, the consumer may, in case of conflicting terms, always rely on the most favorable provision.

Article 4 - The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If Paw Planet uses images, these are a true representation of the products, services, and/or digital content. Obvious mistakes or errors in the offer are not binding on Paw Planet.
3. Each offer contains such information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, Paw Planet will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by Paw Planet, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, Paw Planet will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer is able to pay electronically, Paw Planet shall take appropriate security measures.
4. Within the boundaries of the law, Paw Planet may ascertain whether the consumer is able to meet payment obligations, as well as all facts and factors relevant to responsibly concluding a distance contract. If, based on this investigation, Paw Planet has good reasons not to enter into the agreement, it is entitled to refuse an order or request, or to attach special conditions.
5. Paw Planet will, at the latest upon delivery of the product, service, or digital content, provide the consumer in writing or in another durable form with:
• the visiting address of Paw Planet’s establishment where the consumer can address complaints;
• the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal does not apply;
• information about warranties and after-sales services;
• the price including all taxes, delivery charges, and method of payment, delivery, and performance;
• the requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration;
• if applicable, the model withdrawal form.

Article 6 - Right of Withdrawal

1. The consumer may dissolve an agreement regarding the purchase of a product within a cooling-off period of 14 days without giving any reason. Paw Planet may ask the consumer about the reason for withdrawal but cannot oblige them to state their reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
• if the consumer ordered several products in one order: the day the consumer or a third party designated by them has received the last product;
• if the delivery of a product consists of multiple shipments or parts: the day the consumer or a third party designated by them has received the last shipment or part;
• in the case of agreements for the regular delivery of products during a defined period: the day the consumer or a third party designated by them has received the first product.
3. For service agreements and agreements for the supply of digital content not supplied on a tangible medium, the consumer may dissolve the agreement within 14 days after the day the agreement is concluded, without stating any reasons.

Article 7 - Obligations of the Consumer During the Cooling-off Period

1. During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product.
2. The consumer is only liable for any diminished value of the product resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the product.
3. The consumer is not liable for any diminished value of the product if Paw Planet has not provided the legally required information about the right of withdrawal.

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

1. If the consumer exercises the right of withdrawal, they shall notify Paw Planet within the withdrawal period using the model withdrawal form or another unequivocal statement.
2. As soon as possible, but no later than 14 days from the day following the notification, the consumer shall return the product to Paw Planet or hand it over to an authorized representative.
3. The consumer shall return the product with all supplied accessories, in original condition and packaging, and in accordance with the reasonable instructions of Paw Planet.
4. The consumer bears the direct costs of returning the product, unless Paw Planet has agreed to bear these costs.
5. If the consumer withdraws after first having explicitly requested that the provision of a service or the supply of gas, water, or electricity begin during the withdrawal period, the consumer shall pay Paw Planet an amount proportional to what has already been delivered.
6. The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:
• prior to delivery, they did not expressly agree to the commencement of performance before the end of the cooling-off period;
• they did not acknowledge losing their right of withdrawal upon giving consent; or
• Paw Planet failed to confirm this statement.

Article 9 - Obligations of Paw Planet in Case of Withdrawal

1. If Paw Planet enables the consumer’s notification of withdrawal electronically, it shall promptly send an acknowledgment of receipt.
2. Paw Planet shall reimburse all payments received from the consumer, including delivery costs, without undue delay and no later than 14 days after the day the consumer notifies Paw Planet of the withdrawal.
3. Paw Planet shall use the same means of payment that the consumer used, unless agreed otherwise. The refund shall be free of charge for the consumer.
4. Unless Paw Planet offers to collect the product itself, it may withhold reimbursement until it has received the product or the consumer proves that it has been returned, whichever occurs earlier.

Article 10 - Exclusion of Right of Withdrawal

Paw Planet may exclude the following from the right of withdrawal, provided it has clearly stated this before the contract was concluded:

• Products made to the consumer’s specifications or clearly personalized.
• Products that spoil quickly or have a limited shelf life.
• Sealed products that are not suitable for return due to health or hygiene reasons and were unsealed after delivery.
• Products that are irrevocably mixed with other products after delivery.
• Alcoholic beverages where the price was agreed upon at conclusion but delivery can only take place after 30 days, and the actual value depends on market fluctuations beyond Paw Planet’s control.
• Sealed audio/video recordings or computer software unsealed after delivery.
• Newspapers, periodicals, or magazines (except subscriptions).
• Digital content not supplied on a tangible medium if performance began with the consumer’s prior express consent and acknowledgment of losing the right of withdrawal.

Article 11 - The Price

1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, Paw Planet may offer variable prices for products or services whose prices are subject to fluctuations in the financial market beyond Paw Planet’s control. This will be stated in the offer.
3. Price increases within 3 months after the contract’s conclusion are only permitted if they result from statutory regulations or provisions.
4. Price increases more than 3 months after conclusion are only permitted if Paw Planet has stipulated this and:
• they are the result of statutory regulations or provisions; or
• the consumer has the right to terminate the contract as of the date the increase takes effect.
5. All prices include VAT.

Article 12 - Conformity and Warranty

1. Paw Planet guarantees that the products, digital content, and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing statutory provisions and government regulations on the date of conclusion.
2. An additional warranty provided by Paw Planet, its supplier, manufacturer, or importer never limits the legal rights and claims the consumer can assert against Paw Planet.
3. Additional warranty means any commitment by Paw Planet or its supplier, importer, or manufacturer that grants the consumer rights beyond the legal requirements in case they fail to fulfill the agreement.

Article 13 - Delivery and Performance

1. Paw Planet shall exercise the utmost care in receiving and executing product orders and in assessing service requests.
2. The delivery address is the address provided by the consumer to Paw Planet.
3. With due observance of Article 4, Paw Planet shall execute accepted orders expeditiously, at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out, the consumer shall be informed within 30 days. In such cases, the consumer is entitled to dissolve the agreement without cost.
4. After dissolution, Paw Planet shall immediately refund the amount paid.
5. The risk of damage and/or loss of products rests with Paw Planet until delivery to the consumer or a representative designated in advance.

Article 14 - Continuing Transactions: Duration, Termination and Renewal

1. The consumer may terminate an indefinite agreement at any time, subject to agreed termination rules and a maximum notice period of one month.
2. The consumer may terminate a fixed-term agreement at the end of its term, subject to a maximum notice period of one month.
3. Agreements of indefinite duration automatically continue unless the consumer terminates them. Agreements for fixed duration may not be tacitly renewed for more than one year.
4. If a contract is tacitly continued for more than one year, the consumer may terminate it at any time with a notice period of one month.

Article 15 - Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence thereof, within 14 days after concluding the contract.
2. In the case of sale of products to consumers, the consumer may never be obliged to make an advance payment of more than 50%. If advance payment has been agreed, the consumer cannot assert rights regarding the execution of the order until this advance payment has been made.
3. The consumer is obliged to report inaccuracies in provided or specified payment details to Paw Planet without delay.
4. If the consumer does not fulfill the payment obligation(s) on time, after being reminded and given 14 days to comply, they owe statutory interest and Paw Planet may charge reasonable extrajudicial collection costs.

Article 16 - Complaints Procedure

1. Paw Planet has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the execution of the agreement must be submitted promptly, fully, and clearly described to Paw Planet after the consumer has discovered the defects.
3. Complaints submitted to Paw Planet will be answered within 14 days from receipt. If a complaint requires a longer processing time, the consumer will receive a confirmation of receipt and an indication of when they may expect a more detailed answer.
4. If the complaint cannot be resolved within a reasonable period, the consumer has the right to refer the dispute to the competent court as described in Article 17.

Article 17 - Applicable Law and Competent Court

1. Agreements between Paw Planet and the consumer to which these terms and conditions apply are governed exclusively by Dutch law.
2. Disputes shall be submitted to the competent court in the district where Paw Planet is established, unless mandatory law provides otherwise.

Article 18 - Additional or Deviating Provisions

Additional provisions or deviations from these terms and conditions must be recorded in writing or in a manner accessible to the consumer on a durable data carrier.

Annex I: Model Withdrawal Form

Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the agreement)

To:
Paw Planet
Nieuwstraat 1
4697CA Sint-Annaland
Email: info@pawplanet.nl

I/We* hereby inform you that I/We* withdraw from our agreement concerning:

• the sale of the following product(s): [specify product]*
• the supply of the following digital content: [specify digital content]*
• the provision of the following service: [specify service]*

Ordered on*/received on* [date]

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

Delete where not applicable.