Terms and Conditions of PAWNESS – acting as shop-pawness.com
Article 1. Applicability
1.1 All orders, offers, and agreements from PAWNESS are subject to the exclusion of any other general terms and conditions, these General Terms and Conditions (from now on: Terms and Conditions).
1.2 The version of the Terms and Conditions that applied at the time of the conclusion of any agreement applies.
1.3 Accepting an offer or placing an order means that you accept the applicability of these Terms and Conditions.
1.4 The provisions of these Terms and Conditions can only be deviated from in writing, in which case the remaining provisions will remain fully in force.
1.5 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for PAWNESS, are equally specified for the benefit of intermediaries and other third parties engaged by PAWNESS.
Article 2. Terms
2.1 By “you” is meant: the buyer. By “PAWNESS” is meant: the seller.
2.2. ‘Working days’ means: all days from Monday to Friday. Except for national holidays and except for periods in which orders can only be placed at PAWNESS (and no further order processing and delivery of these orders take place). The periods in which PAWNESS can only place orders are indicated during the period on the main page of the PAWNESS website (www.shop-pawness.com).
2.2 “Written” means communication by letter or email.
Article 3. Offers and agreements
3.1 All offers from PAWNESS are without obligation, and PAWNESS expressly reserves the right to change the prices, in particular when this is necessary based on (legal) regulations. See also article 4.4.
3.2 PAWNESS cannot be held to its offers if you can reasonably understand that the offers, or a part thereof, contain an obvious mistake or error.
3.3 An agreement is only concluded after acceptance of your order by PAWNESS. PAWNESS is entitled to refuse orders with motivation or to attach special conditions to the delivery unless explicitly stated otherwise. Additional information may also be requested from or about the buyer. If an order is not accepted, PAWNESS will inform the buyer of this within five (5) working days after receiving the order.
3.4 In the event of intentional disclosure of incorrect data or any other form of (attempted) fraud or fraud, PAWNESS will report this to the police. PAWNESS reserves the right to submit personal information obtained via the website for reporting to the police and the judiciary.
Article 4. Prices and payments
4.1 The prices stated for the products and services offered are in euros, including VAT and any other taxes or duties and excluding shipping costs, unless otherwise indicated or agreed in writing.
4.2 Payment must be made in (one of) the way (s) as indicated during the ordering process. Further (payment/order) conditions can be imposed on your order. When paying by the bank, the date of payment is the date of crediting the bank account of PAWNESS.
4.3 The buyer gives PAWNESS permission to perform all actions that are necessary to make payment successful in the payment method you have chosen.
4.4 If you are in default with any payment, PAWNESS is entitled to suspend (or implement) the relevant agreement and related agreements, or to dissolve it.
4.5 If prices for the offered products and services increase in the period between the order and the execution thereof, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by PAWNESS.
Article 5. Delivery, Transport, and Risk
5.1 Delivery by PAWNESS takes place no later than thirty (30) working days after the date of payment unless a different delivery period has been agreed with you in writing. If delivery does not take place on time, you will receive a message within thirty (30) working days (or the other agreed delivery period) after placing the order. You have the right to terminate the agreement free of charge by giving written notice to PAWNESS until the moment of delivery. Exceeding the delivery period does not entitle you to compensation.
5.2 Delivery takes place at the moment that the product is received by (or on behalf of) you.
5.3 If a shipment is refused or is not picked up, PAWNESS is entitled to recover the shipping costs incurred (based on your location) plus administration costs from you.
5.4 PAWNESS sends out orders on business days within 24 hours if the order is in stock. PAWNESS determines the method of transport, shipment, and packaging if the buyer has not provided PAWNESS with further instructions. Any specific wishes of the buyer regarding transport/shipment will only be carried out if the buyer has declared that he will bear the extra costs thereof.
5.5 PAWNESS bears the risk of damage and loss of a shipment to the buyer. After the items have been delivered to the buyer (see article 5.2), the risk of damage and loss passes to the buyer.
5.6 PAWNESS is authorized to make use of third parties in the execution of your order (s).
Article 6. Retention of title
6.1 The ownership of delivered products will only transfer if you have paid everything that you owe PAWNESS based on any agreement. PAWNESS transfers the risk concerning the products themselves to the buyer at the time of delivery.
Article 7. Intellectual and industrial property rights
7.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products delivered by PAWNESS.
Article 8. Complaints and liability
8.1 You remain responsible at all times for the careful and responsible use of delivered products. PAWNESS is not liable for damage or injury that has occurred during the use of the product(s) unless there is gross negligence or negligence on the part of PAWNESS. Instructions supplied with the products are only a guideline.
8.2 You must inspect the delivered products immediately upon receipt. You must report any defects that have been discovered to PAWNESS in writing within 5 (5) working days after discovery.
8.3 If it is demonstrated that the products do not comply with the agreement, PAWNESS will replace the products with new products or refund the invoice price, plus shipping costs paid. To demonstrate that products do not meet the agreement, you must, if PAWNESS so requests, first return the products in question. PAWNESS bears the costs for this return shipment. If it turns out afterward that there is an unfounded complaint, then all expenses that are incurred as a result will be for your account.
8.4 If you do not wish to purchase a product for any reason, you have the right to return the product to PAWNESS within fourteen (14) working days after delivery and to terminate the agreement. In this case, return shipments are only accepted if the product and the packaging of the product are undamaged. Any payment already received by PAWNESS will, if possible, be reimbursed within three (3) working days and at the latest within thirty (30) days after the dissolution. The direct costs of the return shipment are for your account.
8.5 If you complain in time, this will not suspend your payment obligation. In that case, you are also obliged to purchase and pay for the other ordered items, unless they do not have independent value.
8.6 If you wish to return an order entirety, you must also return all attached articles that do not have independent value (packaging, brochures, etc.). If you do not return these items, the economic value of these items will be deducted by PAWNESS from the amount to be reimbursed.
Article 9. Orders / communication
9.1 For misunderstanding, mutilation, delays or improper transmission of orders and communications as a result of the use of the internet or any other means of communication in traffic between you and PAWNESS, or between PAWNESS and third parties, insofar as it relates to the relationship between you and PAWNESS, PAWNESS is not liable, unless and insofar as there is intent or gross negligence on the part of PAWNESS.
Article 10. Force majeure
10.1 Without prejudice to the other rights vested in it, in the event of force majeure, PAWNESS has the right, at its option, to suspend the execution of your order or to dissolve the agreement without judicial intervention, by notifying you in writing. This without PAWNESS being obliged to pay any compensation. Unless this would be unacceptable by the standards of reasonableness and fairness in the given circumstances.
10.2 Force majeure is understood to mean any shortcoming that cannot be attributed to PAWNESS, because it is not due to its fault and is not for its account under the law, legal act or generally accepted beliefs.
Article 11. Privacy
11.1 The personal data entered by you will be handled carefully and confidentially by PAWNESS. PAWNESS will only make it available to third parties for payment transactions and delivery or if we are required to do so by law.
11.2 The personal data and business data that PAWNESS processes in the context of business operations are (also) used by it or by third parties to whom the claims are assigned (transferred) for or with:
- risk analyzes
- The prevention, detection, and combating of fraud or irregularities.
Article 12. Miscellaneous
12.1 If you provide PAWNESS with a written statement of an address, PAWNESS is entitled to send all orders to that address. Unless you give PAWNESS another written address to which your orders must be sent.
12.2 If PAWNESS allows deviations from these Terms and Conditions, whether or not tacitly for a short or more extended period, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. You can never assert any reason based on the fact that PAWNESS applies these Terms smoothly.
12.3 If one or more of the provisions of these Terms and Conditions or any other agreement with PAWNESS should conflict with any applicable legal provision; the relevant provision will lapse and be replaced by a new legally permissible comparable provision to be established by PAWNESS.
Article 13. Applicable law and competent court
13.1 All rights, obligations, offers, orders, and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law.
13.2 All disputes between parties will be submitted solely to the competent court in the Netherlands.
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2002 RC, Haarlem
Chamber of Commerce: 63448459