Terms and conditions
On this page, you will find the general terms and conditions of pharma.pet, as made available by pharma.pet. In these general terms and conditions, we indicate the conditions under which we offer the information on our website to you.
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1. Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the trader;
- Continuing performance contract: a distance contract relating to a series of products, the delivery and/or purchase obligation of which is spread over time;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Trader: the natural or legal person who offers products to consumers at a distance;
- Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance sale of products, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
- Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being together in the same space at the same time.
- General Terms and Conditions: the present General Terms and Conditions of the trader.
2. Entrepreneur's identity
pharma.pet its trade names are:
Mollei 131
2930 Brasschaat (Belgium)
Phone: +32 (0)3 646 11 60
E-mail: info@pharma.pet
website: www.pharma.pet
VAT number: BE0667.702.666
3. Applicability
- These general terms and conditions apply to every offer made by the trader and to every distance contract concluded and orders placed between the trader and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the trader's premises and will be sent free of charge as soon as possible at the consumer's request.
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's request.
- In the event that specific product terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.
- If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or void, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be replaced immediately by mutual agreement with a provision that approximates the meaning of the original provision as closely as possible.
- Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
- Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.
4. The range
- If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding on the trader.
- All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
- Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and the actions required for this purpose;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the agreement;
- the period for accepting the offer, or the period during which the trader guarantees the price;
- the rate for remote communication if the costs of using the remote communication technology are calculated on a basis other than the standard basic rate for the means of communication used;
- whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
- the manner in which the consumer, prior to concluding the agreement, can check and, if desired, correct the information provided by him in the context of the agreement;
- any other languages in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the trader is subject and the means by which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuing performance contract
5. The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
- If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract.
- If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures to this end.
- The entrepreneur may, within legal frameworks, ascertain whether the consumer is able to meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
- The entrepreneur shall provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur's place of business where the consumer can submit complaints;
- the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about warranties and existing after-sales service;
- the information specified in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the contract;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of a continuing performance contract, the provision in the previous paragraph shall only apply to the first delivery.
- Every agreement is entered into subject to the condition precedent of sufficient availability of the products concerned.
6. Right of withdrawal
- When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This cooling-off period commences on the day after the product is received by the consumer or a representative designated in advance by the consumer and announced to the trader.
- During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If they exercise their right of withdrawal, they shall return the product to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the trader within 14 days of receiving the product. The consumer must notify the trader by sending an email to klantenservice@pharma.pet. After the consumer has notified the trader of their intention to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned in time, for example by means of proof of shipment.
- If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the trader, the purchase is final.
7. Expenses in case of withdrawal
- If the consumer exercises his right of withdrawal, he shall bear no more than the cost of returning the goods.
- If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been returned to the online retailer or that conclusive proof of complete return can be provided. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
- In the event of damage to the product due to careless handling by the consumer, the consumer shall be liable for any reduction in the value of the product.
- The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all the legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.
8. Exclusion of right of withdrawal
- The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract.
- Exclusion of the right of withdrawal is only possible for products:
- which have been produced by the entrepreneur in accordance with the consumer's specifications
- which are clearly personal in nature;
- which, by their nature, cannot be returned;
- which can spoil or become obsolete quickly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software where the consumer has broken the seal.
- for hygiene products where the consumer has broken the seal.
9. Prices
- With regard to the prices listed on our website, we strive to represent reality and the intended prices as accurately as possible. Errors that arise and are recognisable as programming or typing errors never constitute grounds for claiming or assuming a contract or agreement with pharma.pet.
- pharma.pet strives to keep its website as up to date as possible. However, despite these efforts, we cannot accept any liability for the information or content on this website being incomplete or incorrect.
- The information and/or products on this website are offered without any form of guarantee or claim to accuracy. We reserve the right to change, remove or repost these materials without prior notice. pharma.pet accepts no liability for any information contained on websites to which we refer via hyperlinks.
- During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes resulting from changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur may offer products whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
- Price increases within three months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the product range include VAT.
- All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
10. Conformity and Warranty
- The trader guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
- Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
- The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
- The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
11. Delivery and performance
- The entrepreneur shall exercise the utmost care when receiving and executing orders for products.
- The place of delivery is the address that the consumer has provided to the company. The trader is not liable if an order is returned due to an incorrect address.
- With due observance of the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without incurring any costs. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any delivery times mentioned. Exceeding a delivery time does not entitle the consumer to compensation.
- In the event of termination in accordance with paragraph 3 of this article, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
- If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement item available. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the trader.
- The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
- Home deliveries or deliveries to collection points are made exclusively by the transport partner designated by the entrepreneur and in the countries listed on the Shipping & Shipping Costs page at www.pharma.pet
12. Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
- The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the trader.
- In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the consumer reasonable costs that were communicated to the consumer in advance.
- The entrepreneur offers various options for paying for the order. More information about the payment options can be found on the Payment Methods page.
13. Complaints procedure
- The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted to the trader within 7 days of the consumer discovering the defects, and must be fully and clearly described.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure
- Bij klachten dient een consument zich allereerst te wenden tot de ondernemer. Tevens is het mogelijk om klachten aan te melden via het Europees ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.
14. Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Belgian law. This also applies if the consumer resides abroad.
- The Vienna Sales Convention does not apply.
15. Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Changes
Should these general terms and conditions change, you will find the most recent version of pharma.pet's disclaimer on this page.