Terms & conditions
Terms and conditions
This website is managed by Happy Animal Paws. Throughout the site, the terms "we," "us," and "our" refer to Happy Animal Paws. Happy Animal Paws provides this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following general terms and conditions ("Service Terms," "Terms"), including any additional terms and policies referenced herein and/or available by hyperlink. These Service Terms apply to all users of the site, including, but not limited to, browsers, vendors, customers, merchants, and/or content contributors.
Please read these Service Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Service Terms. If you do not agree to all the terms of this agreement, you may not access the website or use any services. If these Service Terms are considered an offer, acceptance is expressly limited to these Service Terms.
Any new features or tools that are added to the current store will also be subject to the Service Terms. You can review the most current version of the Service Terms at any time on this page. We reserve the right to update, change, or replace any part of these Service Terms by posting updates and/or changes to our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: The period during which the consumer can use the right of withdrawal.
- Consumer: The natural person not acting for professional or commercial purposes and entering into a remote contract with the entrepreneur.
- Day: Calendar day.
- Continuing performance contract: A remote agreement relating to a series of products and/or services, with delivery and/or purchasing obligations spread over time.
- Durable data carrier: Any means that allows the consumer or entrepreneur to store information addressed personally to them in a way that future consultation and unchanged reproduction of the stored information is possible.
- Right of withdrawal: The consumer's option to withdraw from the remote contract within the cooling-off period.
- Entrepreneur: The natural or legal person offering products and/or services to consumers remotely.
- Remote contract: An agreement concluded within the scope of an organized system for the remote sale of products and/or services, whereby up to the moment of concluding the contract, exclusive use is made of one or more techniques for remote communication.
- Technology for remote communication: Means that can be used to conclude a contract without the consumer and entrepreneur meeting simultaneously in the same room.
- General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
- Email: info@happyanimalpaws.com
- Chamber of Commerce Number: 90988361
- Address: Mierloseweg 86 5666KB Geldrop Netherlands
Article 3 - Applicability
These general terms and conditions apply to any offer from the entrepreneur and to any remote contract and orders between the entrepreneur and consumer.
Before the remote contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, the entrepreneur will indicate, before concluding the remote contract, that the general terms and conditions can be viewed at the entrepreneur's and will be sent free of charge to the consumer as soon as possible upon request.
If the remote contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer by electronic means before the remote contract is concluded. This should be done in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before concluding the remote contract, the consumer will be informed where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs will apply accordingly, and the consumer can always invoke the most favorable provision.
If one or more provisions in these general terms and conditions are wholly or partially null or void at any time, the agreement and these terms and conditions will remain in effect, and the provision will be replaced in mutual consultation with a provision that approaches the intent of the original as much as possible.
Situations not regulated by these general terms and conditions should be assessed in the spirit of these general terms and conditions.
Any ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be explained in the spirit of these general terms and conditions.
Article 4 - The Offer
If an offer has a limited validity period 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 adapt the offer.
The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or cancellation of the contract.
Images accompanying products are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors accurately reflect the actual colors of the products.
Each offer contains information so that the consumer knows their rights and obligations associated with accepting the offer, particularly:
- The price, excluding clearance fees and import VAT.
- The possible costs of shipping.
- The way the contract will be concluded and what actions are needed.
- Whether the right of withdrawal applies or not.
- The method of payment, delivery, and implementation of the agreement.
- The period for accepting the offer or the period within which the entrepreneur guarantees the price.
- The tariff for remote communication if the costs are calculated on a basis other than the basic rate for the used communication means.
- Whether the agreement is archived after its conclusion and, if so, in what way the consumer can consult it.
- The way the consumer can check the information provided within the framework of the agreement and, if necessary, correct it.
- Any other languages besides Dutch in which the contract can be concluded.
- The codes of conduct that the entrepreneur has committed to and how the consumer can consult these codes electronically.
- The minimum duration of the remote contract in the case of a continuing performance contract.
- Available sizes, colors, and types of materials.
Article 5 - The Agreement
The agreement is concluded, subject to the provisions in paragraph 4, when the consumer accepts the offer and meets the stated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed, the consumer may cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may obtain information within legal frameworks about the consumer's ability to meet their payment obligations and all relevant facts and factors for responsibly entering into a remote contract. If the entrepreneur has valid reasons based on this investigation to refuse the agreement, they are entitled to refuse an order or application with reasons or attach special conditions to the execution.
The entrepreneur will include the following information, written or accessible on a durable data carrier, with the product or service for the consumer:
- The visit address of the entrepreneur's establishment where the consumer can lodge complaints.
- The conditions and method of using the right of withdrawal or a clear statement if the right of withdrawal is excluded.
- Information about guarantees and after-purchase services.
- The data from Article 4, paragraph 3 of these terms unless the entrepreneur has already provided this data to the consumer before executing the agreement.
- The requirements for canceling the agreement if it is for more than a year or is indefinite.
In the case of a continuing performance contract, the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the option to cancel the agreement within 14 days without giving reasons. This cooling-off period starts the day after the product is received by the consumer or a representative designated in advance and notified to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise the right of withdrawal, they will return the product to the entrepreneur with all provided accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to use the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification should be sent by written message/email. Once the consumer has declared their intention to exercise the right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for instance, by providing proof of shipment. If the consumer has not notified their intention to exercise the right of withdrawal or returned the product to the entrepreneur within the periods mentioned in paragraphs 2 and 3, the purchase is final.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the return costs will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been returned to the online retailer or conclusive proof of complete return can be submitted. Reimbursement will occur via the same payment method used by the consumer unless the consumer expressly agrees to a different method.
Any decrease in the product's value caused by handling beyond what is necessary to establish the nature, characteristics, or functioning of the product is borne by the consumer.
Article 8 - Exclusion of Right of Withdrawal
The entrepreneur can 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 entrepreneur has explicitly mentioned this in the offer or at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is possible for products:
- That were created according to the consumer's specifications.
- That are clearly personal.
- That cannot be returned due to their nature.
- That spoil or age quickly.
- Whose price depends on fluctuations in the financial market over which the entrepreneur has no control.
- For audio and video recordings and computer software of which the consumer has broken the seal.
- For hygienic products, whose seal the consumer has broken.
Article 9 - Pricing
During the offer's validity period, the product and/or service prices will not be increased except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices fluctuate in the financial market and are beyond the entrepreneur's control at variable prices. This dependence on fluctuations and the fact that any listed prices are target prices will be mentioned in the offer.
Price increases within three months after the agreement's conclusion are only permitted if they result from legal regulations or provisions.
Price increases from three months after the agreement's conclusion are only allowed if the entrepreneur has stipulated this and:
- They result from legal regulations or provisions.
- The consumer has the authority to terminate the agreement on the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typing errors. No liability is accepted for printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the erroneous price.
Article 10 - Compliance with Agreement and Warranty
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 existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within four weeks of delivery. The 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 has had third parties repair/modify them.
- The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or on the packaging.
- The inadequacy is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 - Delivery and Execution
The entrepreneur will take the utmost care when receiving and executing orders for products and when assessing applications for services.
The delivery location is the address that the consumer has given to the company.
Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but within 30 days unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after the order was placed. In such cases, the consumer is entitled to dissolve the agreement free of charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In the event of dissolution per paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution.
If the delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. The delivery of a replacement article will be clearly and comprehensibly reported at the latest upon delivery. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and notified to the entrepreneur unless expressly agreed otherwise.
Article 12 - Continuing Performance Contracts: Duration, Termination, and Renewal
Termination:
- The consumer may terminate an agreement concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period not exceeding one month.
- The consumer may terminate a fixed-term agreement extending to the regular delivery of products (including electricity) or services at the end of the fixed term with due observance of the agreed termination rules and a notice period not exceeding one month.
- The consumer may conclude the agreements mentioned in the previous paragraphs:
- At any time and not be limited to termination at a specific time or period.
- At least in the same way as they were concluded by the consumer.
- Always terminate them with the same notice period as the entrepreneur has stipulated for themselves.
Renewal:
- A fixed-term agreement extending to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
- Contrary to the previous paragraph, a fixed-term agreement extending to the regular delivery of daily, weekly, or monthly newspapers and magazines may be tacitly renewed for a fixed period not exceeding three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period not exceeding one month.
- A fixed-term agreement extending to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period not exceeding one month. The notice period does not exceed three months if the agreement extends to the regular delivery of daily, weekly, or monthly newspapers and magazines, but less than once a month.
- An agreement with a limited duration for the regular delivery of daily, weekly, or monthly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration:
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 not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the consumer's payable amounts must be paid within seven working days after the cooling-off period as referred to in Article 6, paragraph 1. If an agreement to provide a service has been concluded, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in payment data provided or stated to the entrepreneur immediately.
If the consumer fails to meet their payment obligation(s) in time, after being informed by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still meet their payment obligations, the consumer will owe the statutory interest on the payable amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500, and 5% on the following €5,000, with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages for the consumer's benefit.
Article 14 - Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints per this complaints procedure.
Complaints about the agreement's execution must be submitted fully and clearly to the entrepreneur within seven days after the consumer has identified the defects.
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 a message acknowledging receipt and an indication when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least four weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.
In the event of complaints, a consumer should first contact the entrepreneur. If the complaint cannot be resolved through mutual consultation, the consumer has the option of submitting their complaint to an independent dispute resolution committee. The decision of this committee is binding, and both the entrepreneur and consumer agree to this binding decision.
Article 15 - Disputes
Only Dutch law applies to agreements between the entrepreneur and consumer where these general terms and conditions apply.
Article 16 - Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or such that the consumer can store them in an accessible manner on a durable data carrier.