Terms and conditions

Table of Contents:

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Long-term Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 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: A natural person not acting in the exercise of a profession or business who enters into a distance agreement with the entrepreneur;
• Day: Calendar day;
• Long-term Transaction: A distance agreement concerning a series of products and/or services, with obligations for delivery and/or purchase spread over time;
• Durable Data Carrier: Any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that permits future reference and unchanged reproduction of the stored information.
• Right of Withdrawal: The option for the consumer to withdraw from the distance agreement within the cooling-off period;
• Model Form: The withdrawal form provided by the entrepreneur that the consumer can use to exercise their right of withdrawal.
• Entrepreneur: The natural or legal person offering products and/or services to consumers remotely;
• Distance Agreement: An agreement whereby, within the framework of an entrepreneur’s organized system for remote sales of products and/or services, exclusively one or more techniques for remote communication are used up to and including the conclusion of the agreement;
• Technique for Remote Communication: A means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same space.
• General Terms and Conditions: The current General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

InnoPet B.V.
Overijsselhaven 3-3A
3433PH, Nieuwegein
The Netherlands
T: (085) 079 60 12
E: support@innopet.nl
KVK: 85943339

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.
2. Before the distance agreement 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 agreement is concluded where the general terms and conditions can be accessed, and they will be sent free of charge to the consumer upon request as soon as possible.
3. If the distance agreement is concluded electronically, the text of these general terms and conditions can be provided electronically to the consumer in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the agreement is concluded where the terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
4. In cases where specific product or service terms also apply, the second and third paragraphs apply accordingly. In the event of conflicting general terms and conditions, the consumer may invoke the provision most favorable to them.
5. If one or more provisions in these terms and conditions are null or annulled, the agreement and these terms will otherwise remain in effect. The voided provision will be replaced by mutual agreement with a provision that approximates the original intent as closely as possible.
6. Situations not regulated in these terms and conditions must be assessed ‘in the spirit’ of these terms and conditions.
7. Any ambiguities about the interpretation or content of one or more provisions in these terms and conditions must also be interpreted ‘in the spirit’ of these terms and conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
3. The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or the dissolution of the agreement.
5. Images of products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
6. Each offer includes information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular:
   • The price, including taxes;
   • Any applicable shipping costs;
   • The manner in which the agreement will be concluded and the actions required for this;
   • Whether or not the right of withdrawal applies;
   • The method of payment, delivery, and execution of the agreement;
   • The period for accepting the offer or the period within which the entrepreneur guarantees the price;
   • The cost of communication at a distance if these costs are calculated differently than the standard base rate for the communication medium used;
   • Whether the agreement will be archived after conclusion and, if so, how the consumer can access it;
   • The way the consumer can check and, if desired, correct the information provided in the context of the agreement before its conclusion;
   • Any languages, other than Dutch, in which the agreement can be concluded;
   • The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically; and
   • The minimum duration of the distance agreement in the case of a long-term transaction.

Article 5 – The Agreement

1. The agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions, subject to the provisions in paragraph 4.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will implement suitable security measures.
4. The entrepreneur may—within legal frameworks—obtain information about whether the consumer can meet their payment obligations, as well as any other facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has good reasons, based on this investigation, not to enter into the agreement, they are entitled to refuse a request or order with justification or to attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information, either in writing or in a way that allows the consumer to store it on a durable medium in an accessible manner, along with the product or service:
   • The address of the entrepreneur’s establishment where the consumer can address complaints;
   • The conditions and methods for exercising the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
   • Information about guarantees and existing after-sales service;
   • The data included in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before executing the agreement;
   • The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

 

Article 6 – Right of Withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the right to dissolve the agreement without stating reasons within 30 days. This reflection period begins the day after the consumer, or a representative designated by the consumer and communicated to the entrepreneur, receives the product.
2. During the reflection period, the consumer must handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product, including all supplied accessories and—if reasonably possible—in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. Notification can be done using the model form, another communication method such as email, or a dedicated return portal. After notifying the entrepreneur of their intention to withdraw, the consumer must return the product within 14 days. The consumer must provide proof of the timely return of the goods, for example, with a shipping receipt.
4. If the consumer has not notified the entrepreneur of their intention to withdraw within the periods specified in paragraphs 2 and 3, or if the product has not been returned, the purchase is final.

For the delivery of services:

1. When services are provided, the consumer has the right to dissolve the agreement without stating reasons for at least 30 days, starting from the date the agreement is concluded.
2. To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, they will bear at most the costs of returning the goods. The consumer can pay these costs via the return portal, after which the entrepreneur (InnoPet) will send a return label to the consumer.
2. If the consumer has already made a payment, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after the withdrawal. The refund is conditional upon receipt of the returned product by the entrepreneur or the provision of conclusive proof of its return. Refunds will be made using the same payment method used by the consumer unless the consumer explicitly agrees to a different method.
3. If the product is damaged due to improper handling by the consumer, the consumer will be liable for any depreciation in value.
4. The consumer will not be held liable for depreciation in value if the entrepreneur has failed to provide all legally required information about the right of withdrawal before concluding the agreement.

Article 8 – Exclusion of the Right of Withdrawal

1. The entrepreneur may exclude the consumer’s right of withdrawal for certain products or services as outlined in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

• Manufactured according to the consumer’s specifications;
• Clearly personal in nature;
• That cannot be returned due to their nature;
• That spoil or age quickly;
• Whose price is subject to fluctuations in the financial market that the entrepreneur cannot control;
• That are single issues of newspapers or magazines;
• Audio, video recordings, or computer software where the consumer has broken the seal;
• Hygiene products where the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

• Relating to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
• Where delivery has started with the explicit consent of the consumer before the reflection period has expired;
• Relating to bets and lotteries.

Article 9 – The Price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. The dependence on fluctuations and the fact that any listed prices are target prices will be stated in the offer.
3. Price increases within three months of concluding the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from three months after concluding the agreement are only permitted if the entrepreneur has stipulated this and:
   • They result from statutory regulations or provisions; or
   • The consumer has the right to terminate the agreement starting on the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

 

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the applicable legal provisions and/or government regulations in effect on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur based on the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within two months of discovering the defect.
4. 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 individual applications by the consumer, nor for any advice regarding the use or application of the products.
5. For full warranty conditions, click here.

Article 11 – Delivery and Execution

1. The entrepreneur will exercise the utmost care in receiving and executing product orders and in assessing requests for the provision of services.
2. The delivery address is the address provided by the consumer to the entrepreneur.
3. Subject to the provisions of paragraph 4, the entrepreneur will execute accepted orders promptly but no later than 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 informed no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from the stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
5. In case of dissolution pursuant to paragraph 3, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product is impossible, the entrepreneur will make an effort to offer a replacement item. No later than at the time of delivery, it will be clearly communicated that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination:

1. The consumer may terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a definite period, which involves the regular delivery of products (including electricity) or services, at the end of the specified period with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate agreements mentioned in the previous paragraphs:
   • At any time and not limited to termination at a specific time or period;
   • At least in the same way they were entered into;
   • Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:
4. Agreements entered into for a definite period involving the regular delivery of products (including electricity) or services cannot be tacitly renewed or extended for a definite period.
5. By way of derogation from the previous paragraph, agreements for a definite period involving the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a maximum of three months, provided the consumer can terminate the renewed agreement at the end of the extension with a notice period of no more than one month.
6. Agreements entered into for a definite period involving the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case of agreements for the regular delivery of daily, news, and weekly newspapers and magazines that occur less than once a month.
7. Agreements for the limited, trial, or introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) are not tacitly continued and end automatically after the trial or introductory period.

Duration:
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness dictate otherwise.

Article 13 – Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer receives confirmation of the agreement.
2. The consumer has a duty to promptly report inaccuracies in payment information provided or stated to the entrepreneur.
3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs communicated in advance.

Article 14 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the execution of the agreement must be fully and clearly described and submitted to the entrepreneur within two months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.

Article 15 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

1. Additional or deviating provisions from these general terms and conditions may not disadvantage the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.