Article 1. Applicability
1.1 These general terms and conditions of sale and supply (hereinafter: Terms) apply to all offers, orders and agreements of www.care4bird.nl (hereinafter: Care 4 Birds). We will post these Terms upon request.
1.2 By accepting an offer or placing an order you agree to the applicability of these Terms.
1.3 Deviation from the provisions of these Terms is possible only in writing, in which case the remaining provisions will remain in full force.
1.4 All rights and claims stipulated for the benefit of Care 4 Birds in these Terms and in any subsequent agreements are considered to be stipulated also for the benefit of intermediaries and other third parties brought in by Care 4 Birds
Article 2. Offers/agreements
2.1 All offers made by Care 4 Birds are free of engagement and Care 4 Birds expressly reserves the right to change prices, in particular if such is necessary on the grounds of (legal) rules. Cf. article 3.6.
2.2 An agreement only materialises after acceptance of your order by Care 4 Birds. Care 4 Birds has the right to refuse orders or to attach certain conditions to the delivery, unless expressly determined otherwise. Care 4 Birds shall notify its refusal of any order within 2 weeks after receipt of the order.
Article 3. Prices and payments
3.1 Prices for products and services offered on Care 4 Birds are stated in euros, including VAT but excluding handling and dispatch costs and any taxes or other levies, unless stated otherwise or agreed upon in writing.
3.2 Payment shall be made exclusive of any discount or compensation.
3.3 Payment can be made by any method indicated during the ordering process. Your order can be subject to further payment or ordering conditions. In case you choose for the “Bank transfer” option, while sending your order you will receive the bank account number, the total amount of your order and your unique Reference number to enable you to make the payment. When using bank or giro transfer for payment, the valid date of payment shall be the date on which the Care 4 Birds giro or bank account has been credited for the amount. Your order shall be dealt with as soon as your payment has been credited to the bank account indicated.
3.4 If the payment term is exceeded you will be in default as from the day payment should have been made, and as per that day, you will owe interest over the outstanding amount at 1% per calendar month or part thereof. If payment is made upon final notice you will owe administration expenses in the amount of seventeen euros (€17.00); in case Care 4 Birds outsources her claim to a debt collector you will also be indebted for the costs of debt collection which amount to at least fifteen percent (15%) of the outstanding amount, without prejudice to Care 4 Birds's right to claim the actual extrajudicial collection costs instead.
3.5 Should you be in default with regards to any payment, Care 4 Birds shall be entitled to either suspend or terminate the – execution of the - relevant agreement and any agreement relating therewith.
3.6 Should the prices of the products and services offered increase in the period between ordering and delivery thereof, you are entitled to cancel the order or to terminate the agreement within ten (10) days of notification of such price increase by Care 4 Birds.
Article 4. Delivery
4.1 Delivery periods as stated by Care 4 Birds are approximations only. Any delay in delivery does not entitle you to damages nor does it entitle you to cancel your order or to terminate the agreement, unless the delay in delivery is such that you can not be expected to uphold the agreement. In that case you are entitled to cancel the order or to terminate the agreement in so far as necessary.
4.2 The products will be delivered at the location and the time at which the products are ready for dispatch to you.
Article 5. Retention of title
5.1 Title of delivered goods shall not pass until all that is owed by you to Care 4 Birds on the basis of any agreement has been paid in full. The risk related to the products passes to you upon delivery.
Article 6. Intellectual and industrial property rights.
6.1 You are required to observe in full and without reservation the intellectual and industrial property rights attached to the products delivered by Care 4 Birds.
6.2 Care 4 Birds does not guarantee that the products delivered to you do not infringe upon any (unwritten) intellectual and/or industrial property rights of a third party.
Article 7. Care 4 Birds and liability
7.1 Upon delivery, you are obliged to check whether the products are in line with the agreement. If this is not the case you need to notify Care 4 Birds in writing and in full detail as soon as possible and in any case within 8 days from the day of delivery, or from the moment upon which observation was reasonably possible.
7.2 If and when non-compliance of the products with the requirements of the agreement has been proven, Care 4 Birds shall have the choice of either replacing the products involved for a return or refunding the value as stated on the invoice.
7.3 As a Consumer you have the right to terminate a purchase agreement unilaterally without reason within 7 working days from the day of delivery. In some cases Care 4 Birds may ask you to confirm your decision in writing. You will then get a full refund for the purchase price of the product. In accordance with the law you will bear the costs for delivering and returning the goods and reasonable administration costs. In accordance with our Refund Policy, the refund will take place within 30 days of the termination and after receipt of the payment and the returned product. In this case returns will only be accepted if the product’s packaging is undamaged, if the plastic seal on the packaging is not broken and if the product is in a resalable condition.
7.4 All returns shall incur a 20% restocking and handling charge. Fully or partly damaged returns will not be (fully) refunded.
Article 8. Orders/communication
8.1 Care 4 Birds shall not be liable for misunderstandings, mutilations, delays or inaccurate orders and statements as a result of usage of the Internet or any other means of communication in the dealings between you and Care 4 Birds, or between Care 4 Birds and third parties in so far as they regard the relationship between you and Care 4 Birds, except in cases of intent or gross negligence on the part of Care 4 Birds.
Article 9. Force Majeure
9.1 In case of force majeure and without prejudice to other rights, Care 4 Birds is entitled, at her own discretion, to either defer the execution of your order or to terminate the agreement without judicial intervention, by way of a written notification and without any obligation to compensate for damages, unless under the circumstances such would be unacceptable according to criteria of reasonableness and fairness.
9.2 Force Majeure is understood to be any shortcoming which can not be attributed to Care 4 Birds, for reason that the shortcoming is not due to her negligence nor can it be ascribed to her by virtue of the law, any legal action or generally accepted principles.
Article 10. Various
10.1 If you submit an address in writing to Care 4 Birds, Care 4 Birds shall be entitled to send all orders to that address, unless you notify duivenweb in writing of a different address to be used for delivery of your orders.
10.2 Allowing deviations from these Terms for a short or longer period of time, tacitly or otherwise, shall not impede Care 4 Birds’s right from requiring direct and strict compliance with these Terms at a later stage. Never shall you be entitled to any right on the grounds that Care 4 Birds applies these Terms flexibly.
10.3 Should one or more provisions of these Terms or any other agreement with Care 4 Birds be in conflict with any applicable rule of law, the relevant provision shall become invalid and be replaced by a new, comparable and legally admissible provision, to be drawn up by Care 4 Birds.
10.4 Care 4 Birds shall be entitled to employ third parties for the execution of your order(s).
10.5 If indicated by Care 4 Birds on her website, packaging or otherwise, that goods ordered are destined for snakes and lizards, then the purchaser shall warrant to the supplier that the items delivered will be destined for these animals. Care 4 Birds shall not be held liable in case the ordered goods are seemingly used for other animals than snakes and lizards. Therefore the counterparty shall fully indemnify Care 4 Birds against any and all claims from third parties, regardless of their origin, regarding the use for other animals than snakes and lizards.
10.6 If indicated by duivenweb on her website, packaging or otherwise, that goods ordered are destined for export, then the purchaser shall warrant to the supplier that the items delivered will be exported. Care 4 Birds shall not be held liable in case use or trade of the exported goods in any country is prohibited. Care 4 Birds does not warrant the admissibility for use domestically or abroad of the goods delivered by her. Therefore the Care 4 Birds shall fully indemnify Care 4 Birds against any and all claims from third parties, regardless of their origin, regarding the items destined for export.
Article 11. Applicable law and jurisdiction
11.1 All rights and obligations, offers, orders and agreements to which these Terms apply, as well as these Terms, shall be governed solely by Dutch law.
11.2 Any dispute ensuing between parties shall be brought exclusively before the competent court in The Netherlands, with the exclusion of all other arbitrating, advisory and judiciary bodies.
11.3 Any dispute regarding the (execution of the) agreement with Care 4 Birds shall be brought before the competent court of the Assen district.
11.4 The Dutch version of this agreement prevails over the English version.
