General Terms and Conditions
Company details
Suppy BV (DogSuppy)
BE 0804.370.916
Belgium
8500 Kortrijk
support@dogsuppy.co.uk
Article 1: General provisions
The e-commerce website of DogSuppy, a Private Limited Company with registered office in Kortrijk, VAT BE 0804.370.916, (hereinafter 'DogSuppy') offers its customers the opportunity to purchase products from its web shop online.
These General Terms and Conditions ("Terms") apply to every order placed by a visitor to this e-commerce website ("customer"). When placing an order via the DogSuppy web shop, the customer must expressly accept these Terms and Conditions, thereby agreeing to the applicability of these Terms and Conditions, to the exclusion of all other conditions. Additional conditions of the customer are excluded, unless they have been accepted in advance, in writing and expressly by DogSuppy.
Article 2: Price
All prices stated are expressed in GBP, always including VAT and all other taxes or duties that the customer is required to pay.
If delivery, reservation or administrative costs are charged, this will be stated separately.
The price quoted refers exclusively to the articles as literally described. The accompanying photos are for decorative purposes and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the e-commerce website is compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind DogSuppy. DogSuppy is only bound to a means obligation with regard to the correctness and completeness of the information provided. DogSuppy is in no way liable in the event of obvious material errors, typographical errors or printing errors.
The offer is always valid while stocks last and can be adjusted or withdrawn by DogSuppy at any time. DogSuppy cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
The ordering procedure via a webshop usually takes place in the following steps:
- Register or log in to the webshop
- Select products and add to shopping cart
- Confirm the order and fill in contact and shipping details
- Select shipping method and apply any discount codes
- Select the desired payment method (Visa, PayPal, Klarna, etc.)
- Confirm the order and payment
The possible payment methods are:
- Visa: payment via credit card
- Mastercard: betaling via creditcard
- PayPal: payment via a PayPal account
- Klarna: payment via card through Klarna
DogSuppy is entitled to refuse an order due to a serious shortcoming of the customer, with regard to orders in which the customer is involved.
Discounts are not valid retroactively and/or exchangeable for cash, unless DogSuppy itself decides that this is allowed, this to prevent abuse.
Discount codes can always be combined per 1 piece with the standard bundle discount (e.g. a code of 10% can be combined with a standard 15% discount code on bundle packages), unless stated otherwise.
DogSuppy reserves the right to change the promotion conditions in the meantime.
Typing errors are reserved.
Article 5: Execution of the Agreement and delivery of the Products
5.1. DogSuppy will execute the Agreement carefully.
5.2. The place of delivery is the address that the customer has provided in the Acceptance. This address is repeated in the Confirmation.
5.3. DogSuppy reserves the right to deliver the customer's order in several parts to the extent that this is advantageous for a faster settlement. If the customer does not fulfill his obligations, DogSuppy always has the right to postpone the delivery of Products, without being liable to pay any compensation to the customer in such a case.
5.4. The estimated time of delivery is stated in the Confirmation. If DogSuppy does not deliver the Products within the additional term, the customer has the right to terminate the Agreement, unless DogSuppy proves that there is a case of Force Majeure.
The delivery term is only accepted as essential, provided that it is expressly stated in the Agreement. In that case, the Consumer can terminate the Agreement if the term is exceeded.
5.5. Risk in case of delivery to Consumers
The risk of damage and loss of Products rests with DogSuppy until the moment of delivery to the Consumer or a third party who receives the Products for the Consumer. In the event that a Product is delivered damaged, the Consumer will report this to DogSuppy by e-mail without delay and at the latest within 3 days after receipt of the Products. In the event of damage, the Consumer will provide a photo of the damaged Product as an attachment to DogSuppy with this report.
After receipt of this report, DogSuppy will either inform within 24 hours for what reason the damage is not accepted, or make a proposal for the replacement of the damaged product.
5.6. The Consumer cannot refuse delivery after the expiry of the Reflection Period.
5.7. DogSuppy's delivery obligation is automatically and legally suspended until the customer has fulfilled his payment obligations.
Artikel 6: Price, delivery costs and payment
6.1. The total price is shown at the end of the Order process, before the customer commits to a payment obligation in his Acceptance. The total price is stated in the Agreement and includes VAT. Only the price that is shown in both the Offer and the Confirmation binds the Parties. The prices shown in the Offer, promotions or a quote do not automatically apply to future orders
The customer can only continue with the Order process by selecting a payment method and then clicking on the “Place order” button on the next page, which creates a payment obligation on the part of the customer.
6.2. The Agreement clearly determines whether there are additional costs, such as delivery costs. Any VAT, import duties, excise duties and other customs costs are always borne by the customer.
6.3. The customer undertakes to report any inaccuracies in the payment details provided or stated to DogSuppy without delay.
6.4. The customer can choose to pay by VISA, MasterCard, Klarna, PayPal, and AMEX.
When paying by credit card, the customer will give an initial authorization and immediately debit the credit card for the order value when placing the order.
6.5. Late payment: No reason, such as complaints regarding the Products or comments regarding an invoice, can result in the customer being able to suspend his payment obligations.
If the Consumer does not meet his payment obligation(s) on time and after a period of 14 days after a notice of default from DogSuppy to still meet his payment obligations, the statutory interest will be owed on the amount still owed and DogSuppy is entitled to charge the collection costs incurred by it.
Article 7: Right of withdrawal
7.1. Except in cases where this is expressly excluded, the Consumer has a Right of Withdrawal.
7.2. To terminate the Agreement without giving reasons and without incurring any costs other than the legally provided costs as stated in Article 9, the Consumer has a Reflection Period of 14 days, starting from the day after the day on which the Consumer or a third party designated by the Consumer, physically takes possession of the Product(s).
Article 8: Obligations of the Consumer during the Reflection Period (only applicable to consumers)
8.1. Before the expiry of the Reflection Period provided for in Article 10.2, the Consumer shall handle the Product(s) and the packaging with care. He shall only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. The Consumer shall only examine the Product as he would do in a shop.
8.2. If the Consumer opens the original packaging or proceeds to place the Product (or gives the order to do so), the Consumer waives the Right of Withdrawal. The placement of the Products is explicitly excluded by the parties from the right of examination as described in Article 8.1 of these general terms and conditions.
8.3. The Consumer is liable for the depreciation of the Product that is the result of his handling of the Product that goes beyond what is permitted in the previous paragraph. This depreciation may be deducted from the refund.
Article 9: Exercise of the right of withdrawal
9.1. If the Consumer exercises his Right of Withdrawal, he reports this within the Reflection Period by means of the Model Form or in another unambiguous manner to DogSuppy.
9.2. After receiving this withdrawal notification, DogSuppy will immediately send a confirmation of receipt, with instructions for taking back the Product.
9.3. Unless otherwise agreed in writing, the Consumer will send the Product(s) as soon as possible and in any case within 60 days from the day following the invocation of the Right of Withdrawal. All Products to which the withdrawal relates will be returned with all accessories supplied, in original condition and packaging, and in accordance with the reasonable and clear instructions provided by DogSuppy.
The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lies with the Consumer.
9.4. DogSuppy will reimburse all payments received from the Consumer, including, where applicable, the delivery costs, without delay and in any case within 14 working days after the day on which it is informed of the Consumer's decision to (partially) revoke the Agreement.
Unless DogSuppy has offered to collect the Products itself, it is entitled to wait with the reimbursement provided for in the previous paragraph until it has received all Products back, or until the Consumer has demonstrated that he has returned the Products, whichever comes first.
Artikel 11: Exclusion of warranty
The controller, DogSuppy, respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal data.
11.1. The guarantee does not apply if the customer has edited, processed or incorporated the Products or for normal wear and tear or defects caused by unforeseen use of the Products.
11.2. DogSuppy can only be held to the agreement for a specific use, provided that it is expressly accepted in the Agreement.
11.3. A Product is deemed to be in accordance with the Agreement if it:
- is in accordance with the description given in the offer;
- is suitable for the use for which products of the same type are normally intended
- it offers the quality and performance that are normal for Products of the same type and that the customer may reasonably expect, given the nature of the Product and any public statements made by DogSuppy about its special characteristics, namely via advertising and labelling;
- it is suitable for any special use desired by the customer that the customer has communicated to DogSuppy when concluding the Agreement and that DogSuppy has accepted in writing. In the absence of express acceptance of this special use, DogSuppy cannot be held liable for it. DogSuppy will compare the returned Products with its specifications for the relevant Product.
11.4. The warranty only applies to the Products and not to the work for installing or removing them.
11.5. The customer can only invoke the warranty if he demonstrates that there is a lack of conformity and on condition that the lack of conformity is not of minor importance. There is no lack of conformity if the materials of the Products undergo a slight colour evolution. The customer cannot invoke the warranty if the lack of conformity is a consequence of incorrect or defective assembly by the customer or the third party appointed by him or by failure to comply with the instructions for use and cleaning of DogSuppy.
Article 12: Exercising the warranty
12.1. The customer must check the Products immediately upon receipt and, if any defects are found, notify DogSuppy in writing immediately, at the latest one week after delivery. In the absence of written notification of any defect, the Products are deemed to be in accordance with the Agreement, unless it concerns a hidden defect that cannot be determined by carrying out a thorough check.
If it appears during the warranty period that the Product has a hidden defect, the customer must immediately notify DogSuppy of this defect and at the latest one week after the defect has been determined. In other cases, the customer is deemed to accept the hidden defects.
If the lack of conformity is established during the first six months after delivery, it is agreed that the defect already existed upon delivery. In all other cases, the Consumer must demonstrate that the non-conformity already existed upon delivery. Business customers must always demonstrate that the lack of conformity already existed upon delivery of the Products.
However, after establishing the lack of agreement, the parties may agree on any form of compensation.
Article 13: Liabilities
13.1. Unless otherwise stipulated, DogSuppy's liability is always limited to the amount of the invoice to which the Agreement relates.
13.2. DogSuppy is never liable for indirect damage, including but not limited to loss of profit, loss of savings or professional opportunities, loss of data, damage to third parties, business damage, business stagnation, personnel costs.
Artikel 14: Retention of title
14.1. The delivered Products remain the property of DogSuppy until full payment, regardless of whether the goods have been processed or pledged. This retention of title also applies to all accessories, such as the costs of the transaction, packaging and transport costs, default interest, etc. Any advances paid by the customer can be used by DogSuppy to compensate for the depreciation and/or the aforementioned accessories.
14.2. The customer may only resell or otherwise distribute Products to which the retention of title applies if this falls within the scope of his normal business activities and takes place in normal business dealings, provided that the following conditions are met:
- the customer agrees with his customer at least a similar retention of title;
- All claims of the customer against third parties arising from such transactions will be transferred to DogSuppy until full satisfaction of all claims that DogSuppy has against the customer, whereby the customer undertakes to inform the third party of this or to include this transfer in the agreement between them if a written agreement is concluded.
Article 15: Complaints procedure
15.1. The Consumer can file a complaint via support@dogsuppy.co.uk or via the designated platform on www.becommerce.be.
15.2. Complaints about the execution of the Agreement must be submitted to DogSuppy within a reasonable period, fully and clearly described.
15.3. Complaints will be handled within a short period. DogSuppy will inform the Consumer if it cannot handle the complaint within a short period and will state the reasons for this.
Article 16: Processing of personal data
16.1. Customer data is stored securely by DogSuppy. Personal data is always treated confidentially.
16.2. The manner in which DogSuppy processes personal data is set out in detail in the Privacy Statement.
Article 17: Termination of the Agreement
17.1. In the event of non-performance of the Agreement as a result of a breach of contract by the customer, DogSuppy is entitled to terminate the Agreement by means of a written notice, without prior notice of default and without prior judicial intervention.
17.2. In such a case, DogSuppy is entitled to compensation in proportion to the loss suffered by it. The parties agree that this reasonable compensation corresponds to at least 20% of the amount stated in the Confirmation, with the understanding that DogSuppy always has the right to prove higher damages.
Article 18: Other provisions
18.1. The Agreement comprises the entire agreement between DogSuppy and the customer and replaces any previous documents.
18.2. The fact that a right is not claimed or not used, or the fact that a sanction or procedure is not applied, as well as the failure of DogSuppy to institute a claim, does not in any way imply a waiver or relinquishment of rights.
18.3. The total or partial nullity or unenforceability of one or more provisions of the Agreement will not affect the validity of the other provisions. In such a case, the void or unenforceable clause will be deemed to have been replaced by a provision that approximates the original common intention of the Parties as closely as possible.
Article 19: Applicable law and competent court
19.1. Unless otherwise provided in international treaties, the Agreement is governed by Belgian law, with the express exclusion of the Vienna Sales Convention.
19.2. Unless otherwise provided in international treaties, any dispute falls under the jurisdiction of the courts of the judicial district of Kortrijk