Terms of service

Company details
DogSuppy - Suppy BV
BE0804.370.916
Belgium
8500 Kortrijk
support@dogsuppy.co.uk

Article 1: General provisions

The e-commerce website of DogSuppy, a Limited Partnership with its registered office in Kortrijk, VAT BE0804.370.916, (hereinafter ‘DogSuppy’) offers its customers the possibility to purchase the products from its webshop online.

These General Terms and Conditions (‘Terms and Conditions’) apply to any order placed by a visitor to this e-commerce website (‘customer’). When placing an order through DogSuppy's webshop, 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 terms and conditions. Additional terms and conditions of the customer are excluded, except when previously, in writing and expressly accepted by DogSuppy.

Article 2: Price

All mentioned prices are expressed in POUNDS, always including VAT and all other taxes or duties to be borne by the customer. 

If delivery, reservation or administrative costs are charged, this shall be stated separately.

The stated price refers exclusively to the articles as described verbatim. The accompanying photos are for decorative purposes and may contain elements 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 offered information is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind DogSuppy. DogSuppy is as far as the correctness and completeness of the offered information is concerned, only obliged to an obligation of means. DogSuppy shall in no case be liable in case of obvious material errors, typesetting or printing errors.

The offer is always valid while stocks last and can be adapted or withdrawn by DogSuppy at any time.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 subject to conditions, this shall be explicitly mentioned in the offer.


Article 4: Online purchases

The ordering procedure via a webshop usually involves the following steps:

1. Registering or logging in to the webshop
2. Selecting products and adding them to the shopping basket
3. Confirming the order and filling in contact and shipping details
4. Selecting shipping method and applying any discount codes
6. Select desired payment method (MasterCard, Visa, PayPal, etc.)
6. Confirming the order and payment

The possible modes of payment are:

• Visa: payment by credit card
• MasterCard: payment by credit card
• AMEX: payment by credit card
• PayPal: payment by a PayPal account
  
• Klarna: buy now, pay later 

DogSuppy is entitled to refuse an order due to a serious breach by the customer in relation to orders the customer is involved in.

Article 5: Execution of the Agreement and delivery of the Products

5.1. DogSuppy shall execute the Agreement carefully.

5.2. The place of delivery is the address indicated by the customer in the Acceptance. This address shall be repeated in the Confirmation.

5.3. DogSuppy reserves the right to deliver the customer's order in several parts insofar as this is advantageous for faster processing. If the customer does not fulfil his commitments, DogSuppy shall always have the right to postpone the delivery of Products, without owing any compensation to the customer in this case.

5.4. The estimated time of delivery shall be communicated in the Confirmation. If DogSuppy does not deliver the Products within the additional time, the customer shall have the right to rescind the Agreement, unless DogSuppy proves the existence of Force Majeure.

The delivery period shall be accepted as essential only if explicitly stated in the Agreement. In this case, the Consumer may 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 takes delivery of the Products for the Consumer. In case a Product is delivered damaged, the Consumer shall notify DogSuppy by e-mail without delay and at the latest within 3 days after receipt of the Products. In case of damage, the Consumer shall attach a photo of the damaged Product to this notification to DogSuppy.

Upon receipt of this notification, DogSuppy shall, within 24 hours, either inform 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 the delivery after the expiration of the Reflection Period.

5.7. The delivery commitment of DogSuppy is suspended by right and automatically until the Customer will have fulfilled his payment obligations.

Article 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 shown in the Agreement and includes VAT. Only the price shown in both the Offer and the Confirmation shall bind the Parties. The prices indicated in the Offer, promotions or a quotation do not automatically apply to future orders.

The Client can only proceed 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 Client.

6.2. The Agreement unambiguously determines whether there are any additional costs, such as delivery costs. Any VAT, import duties, excise duties and other customs costs shall always be borne by the customer.

6.3. The customer undertakes to notify DogSuppy immediately of any inaccuracies in the payment data provided or mentioned.

6.4. The customer can optionally pay by VISA, MasterCard, AMEX, PayPal, and Klarna.

When paying by credit card, an initial authorisation as well as a direct debit of the credit card in the amount of the order value shall be given by the customer when placing the order.

6.5. Late payment : No reason, e.g. complaints regarding the Products or remarks regarding an invoice, can cause the Customer to suspend his payment obligations.

By a Consumer : If the Consumer does not fulfil his payment obligation(s) in due time and after a period of 14 days after a notice of default by DogSuppy to still fulfil his payment obligations, DogSuppy shall owe the legal interest on the amount still due and DogSuppy shall be entitled to charge the collection costs it has incurred.

Article 7: Right of withdrawal

7.1. Except in the cases that it is explicitly excluded, the Consumer has the right of withdrawal.

7.2. To terminate the Agreement without giving reasons and without any costs other than the legally provided costs as stated in Article 9, the Consumer has a Withdrawal Period of 14 days from the day after the day on which the Consumer or a third party designated by the Consumer, takes physical 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 packaging with care. He will only unpack or use the Product to the extent necessary to determine the nature, characteristics and operation 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 the placement of 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 defined in Article 8.1 of these general terms and conditions.

8.3. The Consumer is liable for the decrease in value of the Product resulting from his way of handling the Product beyond what is allowed 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 shall notify DogSuppy within the Withdrawal Period by means of the Model Form or in another unambiguous manner.

9.2. DogSuppy shall send a confirmation of receipt without delay after receipt of this notice of withdrawal, with instructions for taking back the Product.

9.3. Unless otherwise agreed in writing, the Consumer shall return 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 affected by the withdrawal shall be returned with all delivered accessories, in their 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 shall reimburse all payments received from the Consumer, including, if applicable, the delivery costs, without delay and in any case within 14 working days from the day it is informed of the Consumer's decision to (partially) withdraw from the Agreement.

Unless DogSuppy has offered to pick up the Products itself, it is entitled to wait with the compensation provided in the previous paragraph until it has received all the Products back, or until the Consumer has proven that he has returned the Products, whichever time comes first.

Article 11: Exclusion of warranty

The controller, DogSuppy, respects the Belgian law of 8 December 1992 on the protection of privacy in the processing of personal data.

11.1. The warranty does not apply if the customer has processed, treated 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 bound to the agreement for a particular use, provided it is expressly accepted in the Agreement.

11.3. A Product shall be deemed in accordance with the Agreement if:

1. it conforms to description given in the Offer;
2. it is suitable for the use to which Products of the same kind are normally put;
3. it offers the quality and performance which are normal for Products of the same kind and which the customer can reasonably expect, given the nature of the Product and any announcements made publicly by DogSuppy about its special characteristics, namely through advertising and labelling;
4. it is suitable for any particular use desired by the customer, which the latter communicated to DogSuppy at the conclusion of the Agreement and which DogSuppy accepted in writing. In the absence of express acceptance of this special use, DogSuppy cannot be bound by it in any way. DogSuppy shall compare the returned Products with its specifications for the respective Product.

11.4. The warranty shall relate only to the Products and not to the work for their installation or removal.

11.5. The Customer may only invoke the warranty if he proves that there is a lack of conformity and provided 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 claim the warranty if the lack of conformity is a consequence of the faulty or defective assembly by the customer or the third party appointed by him or by the non-compliance with DogSuppy's instructions for use and cleaning.

Article 12: Exercise of the guarantee

12.1. The customer should check the Products immediately after receipt and, if any defects appear, notify DogSuppy in writing immediately, at the latest one week after delivery. In the absence of written notification of any defect, the Products shall be deemed to be in accordance with the Agreement, unless it is a hidden defect that cannot be determined by carrying out a thorough inspection.

If, during the warranty period, it should turn out that the Product is afflicted with a hidden defect, the customer must notify DogSuppy of this defect without delay and no later than one week after the defect was detected. Otherwise, the customer is deemed to accept the hidden defects.

If the non-conformity is established during the first six months after delivery, it is agreed that the non-conformity already existed at delivery. In all other cases, the Consumer must prove that the non-conformity already existed at the time of delivery. Business customers must always prove that the non-conformity already existed at the time of delivery of the Products.

However, the parties may agree any form of remedy after establishing the lack of conformity.

Article 13: Liabilities

13.1. Unless otherwise stipulated, DogSuppy's liability shall always be limited to the amount of the invoice to which the Agreement relates.

13.2. DogSuppy shall never be liable for indirect damage, including but not limited to loss of profit, loss of savings or professional opportunities, loss of data, damage of third parties, business damage, business stagnation, personnel costs.

Article 14: Retention of Title

14.1. The delivered Products shall remain DogSuppy's property until full payment, regardless of whether the goods were processed or pledged. This retention of title also covers all accessories, such as the costs of the transaction, packaging and transport costs, moratory interest, etc. Possible advances paid by the customer may be used by DogSuppy for the compensation of the depreciation and/or aforementioned accessories.

14.2 The customer may only resell or otherwise further distribute Products subject to retention of title if this falls within its normal business activities and takes place in normal business dealings, subject to compliance with the following conditions:

• the customer agrees with its customer at least a similar retention of title;
• all claims of the customer against third parties arising from such transactions shall be assigned to DogSuppy until full satisfaction of all claims DogSuppy has against the customer, whereby the customer undertakes to notify the third party or to include this assignment in the agreement between them if a written agreement is concluded.

Article 15: Complaints procedure

15.1. The Consumer may submit a complaint via support@dogsuppy.uk or via the platform provided for this purpose at 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 dealt with within a short period of time. DogSuppy shall inform the Consumer if it cannot handle the complaint within a short period of time and shall state the reasons.

Article 16: Processing of personal data

16.1 Customer data shall be kept securely by DogSuppy. Personal data shall always be treated confidentially.

16.2. The way DogSuppy processes personal data is detailed in the Privacy Statement.

Article 17: Dissolution of the Agreement

17.1. In case of non-performance of the Agreement due to a default by the customer, DogSuppy shall be entitled to proceed to dissolve the Agreement by written notice, without prior notice of default and without prior judicial intervention.

17.2. Where applicable, DogSuppy shall be entitled to compensation proportional to the loss suffered by it. Parties agree that this reasonable compensation corresponds to at least 20% of the amount mentioned in the Confirmation, on the understanding that DogSuppy always has the right to prove a higher damage.

Article 18: Other provisions

18.1. The Agreement comprises the entire agreement between DogSuppy and the customer and supersedes any previous documents.

18.2. The fact that a right is not claimed or is not exercised, or the fact that a sanction or procedure is not applied, as well as the failure of DogSuppy to institute a claim shall in no way imply a waiver or abandonment of right.

18.3. The complete or partial nullity or unenforceability of one or more clauses of the Agreement shall not affect the validity of the remaining clauses. As the case may be, the void or unenforceable clause shall be deemed by operation of law to replace.

Article 19: Applicable law and competent court

19.1. Unless otherwise provided by international treaties, the Agreement is governed by Belgian law, with the express exclusion of the Vienna Sales Convention.

19.2. Unless otherwise provided by international treaties, any dispute shall fall within the competence of the courts of the judicial district of Kortrijk.