Terms and conditions The Dog Musthaves
- The Dog Musthaves: The Dog Musthaves, established in ‘t Harde under Chamber of Commerce no. 70842280.
- Customer: the person with whom The Dog Musthaves has entered into an agreement.
- Parties: The Dog Musthaves and the customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
- These terms and conditions apply to all quotations, offers, activities, orders and agreements and deliveries of services or products by or on behalf of The Dog Musthaves.
- The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
- Parties exclude the applicability of additional and/or deviating general terms and conditions of the customer or of
third parties expressly.
- All prices used by The Dog Musthaves are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.
- All prices used by The Dog Musthaves for its products, on its website or otherwise known made, The Dog Musthaves can change at any time.
- Increases in the cost prices of products or parts thereof, which The Dog Musthaves could not foresee the time of making the offer or the conclusion of the agreement may give rise to
- The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples and models
If the customer has received a sample or model of a product, he has no other rights to it then derive that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Payments and payment term
- The Dog Musthaves is allowed a down payment of up to 50% of the agreed upon entering into the agreement demand amount.
- The customer must make payments afterwards within 14 days after delivery.
- Payment terms are regarded as strict payment terms. That means if the customer has not paid the agreed amount no later than on the last day of the payment term, he will be charged by operation of law default and is in default, without The Dog Musthaves having to send the customer a reminder or being in default to set.
- The Dog Musthaves reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.
Consequences of not paying on time
- If the customer does not pay within the agreed term, The Dog Musthaves is entitled to the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby
part of a month is counted as a whole month.
- When the customer is in default, he is also liable for extrajudicial collection costs and any compensation owed to The Dog Musthaves.
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, The Dog Musthaves may suspend its obligations until the customer has paid payment obligation has been fulfilled.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims are of The Dog Musthaves on the customer immediately due and payable.
- If the customer refuses to cooperate in the execution of the agreement by The Dog Musthaves, he is still always obliged to pay the agreed price to The Dog Musthaves.
Right of advertising
- As soon as the customer is in default, The Dog Musthaves is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
- The Dog Musthaves invokes the right of recovery by means of a written or electronic communication.
- As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to The Dog Musthaves, unless the parties make other agreements about this.
- The costs for bringing back or returning the products will be borne by the customer.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
- The Dog Musthaves can invoke its right of retention and in that case retain products from the customer until the customer has paid all outstanding invoices with regard to The Dog Musthaves, unless the customer has provided sufficient security for those costs.
- The right of retention also applies on the basis of previous agreements from which the customer still owes payments to The Dog Musthaves.
- The Dog Musthaves is never liable for any damage that the customer may suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waives his right to charge a debt to The Dog Musthaves offset against a claim against The Dog Musthaves.
Retention of title
- The Dog Musthaves remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards The Dog Musthaves on the basis of what for The Dog Musthaves any contract entered into, including claims for failure to perform.
- Until then, The Dog Musthaves can invoke its retention of title and take back the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, alienate the products or otherwise objections.
- If The Dog Musthaves invokes its retention of title, the agreement will be deemed dissolved and The Dog Musthaves has the right to claim compensation, lost profit and interest.
- Delivery takes place while stocks last.
- Delivery takes place at The Dog Musthaves, unless the parties have agreed otherwise.
- Delivery of products ordered online will take place at the address indicated by the customer.
- If the agreed amounts are not paid or not paid on time, The Dog Musthaves has the right to be to suspend obligations until the agreed part has been paid.
- In the event of late payment, there is creditor default, with the result that the customer cannot pay a late delivery to The Dog Musthaves can object.
- The delivery times stated by The Dog Musthaves are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
- The delivery time commences when the customer has fully completed the (electronic) ordering process and has received (electronic) confirmation thereof from The Dog Musthaves.
- Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless The Dog Musthaves cannot deliver within 14 days after being notified in writing or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packaging and shipping
- If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which The Dog Musthaves cannot be held liable for any damage.
- If the customer arranges for the transport of a product himself, he must report any visible damage to products or the packaging to The Dog Musthaves prior to transport, failing which The Dog Musthaves cannot be held liable for any damage.
- If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of premature or late purchase of products will be fully borne by the customer.
- The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.
- The guarantee does not apply in the case of normal wear and tear and damage caused by accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party who receives the product on behalf of the customer.
The customer indemnifies The Dog Musthaves against all third-party claims related to the products and/or services supplied by The Dog Musthaves.
- The customer must examine a product or service provided by The Dog Musthaves as soon as possible for any shortcomings.
- If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform The Dog Musthaves of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings set.
- Consumers must inform The Dog Musthaves of this within 2 months after the discovery of the shortcomings.
The customer provides a description of the shortcoming that is as detailed as possible, so that The Dog Musthaves is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to The Dog Musthaves being obliged to perform other work than has been agreed.
Notice of default
- The customer must notify The Dog Musthaves of any notice of default in writing.
- It is the responsibility of the customer that a notice of default actually reaches The Dog Musthaves (in time).
Joint and several liability customer
If The Dog Musthaves enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe to The Dog Musthaves under that agreement.
Liability The Dog Musthaves
- The Dog Musthaves is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
- If The Dog Musthaves is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
- The Dog Musthaves is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
- If The Dog Musthaves is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment of the damage amount by an insurance company, the liability is limited to (part of the ) invoice amount to which the liability relates.
- All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from The Dog Musthaves expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.
Right to dissolution
- The customer has the right to dissolve the agreement if The Dog Musthaves imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
- If the fulfillment of the obligations by The Dog Musthaves is not permanently or temporarily impossible, dissolution can only take place after The Dog Musthaves is in default.
- The Dog Musthaves has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if The Dog Musthaves has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.
Force of the majority
- In addition to the provisions of Section 6:75 of the Dutch Civil Code, a shortcoming by The Dog Musthaves in the fulfillment of any obligation towards the customer cannot be attributed to The Dog Musthaves in any of The Dog Musthaves’ will independent situation, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected of The Dog Musthaves.
- The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
- If a force majeure situation occurs as a result of which The Dog Musthaves cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until The Dog Musthaves can meet them again.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
- The Dog Musthaves does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.
Change of the agreement
- If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
- The previous paragraph does not apply to products purchased in a physical store.
Change of general terms and conditions
- The Dog Musthaves is entitled to change or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major substantive changes will be discussed by The Dog Musthaves with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of The Dog Musthaves.
- This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Civil Code.
Consequences nullity or void ability
- If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
- A provision that is void or voidable will in that case be replaced by a provision that comes closest to what The Dog Musthaves had in mind when drawing up the conditions on that point.
Applicable law and competent court
- Dutch law applies exclusively to every agreement between the parties.
- The Dutch court in the district where The Dog Musthaves has its registered office / practice / office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.
Drawn up on August 01, 2022.