1. Identification and applicability
Without prejudice to the application of any special conditions in a separate written agreement, the following general conditions apply to all offers and agreements concluded between 4 Healthy Pets NV with registered office at Stedestraat 51 Stratenplan 8530 Harelbeke and KBO number 0550.614.263 (including its affiliated companies ) and a natural person who does not act in the execution of a profession or business (hereafter 'Consumer'), as well as all agreements concluded with 4 Healthy Pets whereby third parties are called upon for the execution thereof.
4 Healthy Pets reserves the right to adjust its terms and conditions. If a provision of these general conditions would be unenforceable or contrary to a provision of mandatory law, this shall not affect the validity and enforceability of the other provisions. In such a situation, the unenforceable or conflicting provision will be replaced by an enforceable and legally valid provision that is as close as possible to the purpose of the original provision.
The Consumer declares to have explicitly taken note of the general terms and conditions stated below and to accept the contents thereof in full and without reservation. The mere use of the website or the placing of an order leads to the acceptance of the general conditions described below. If the Consumer agrees to the general terms and conditions, he also declares that he / she has sufficient control over the language of the general terms and conditions.
An offer contains a complete and accurate description of the products offered, so that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
All offers made by 4 Healthy Pets are without obligation and will be provided in writing. Sending an offer and / or other documentation does not require 4 Healthy Pets to accept an order.
4 Healthy Pets uses images that provide an illustration of the products offered. These images used are not binding with regard to 4 Healthy Pets. Obvious mistakes or obvious errors in the offer do not bind 4 Healthy Pets.
3. The agreement and implementation
The Consumer receives, after ordering via www.edgardcooper.com, a confirmation of the order by e-mail. This confirmation is not an acceptance of the offer, but merely informative for the Consumer and only applies as confirmation of the receipt of the order at 4 Healthy Pets. The agreement between the Consumer and 4 Healthy Pets comes into effect at the moment that 4 Healthy Pets has accepted the offer by sending the products and thereby confirming the shipment to the Consumer via e-mail. The purchase agreement only arises at the time 4 Healthy Pets sent a shipping confirmation for the products.
4 Healthy Pets reserves the right to refuse orders without giving any reason. 4 Healthy Pets has the right, if it considers this necessary or desirable, to engage third parties for the correct execution of the agreement and to pass on the costs to the Consumer.
4. The price
The prices mentioned in the range of products are shown including VAT. The prices do not include transport costs except when the consumer places an order for more than 20.00 EUR (including VAT). The foregoing is geographically limited to Belgium, the Netherlands and the Grand Duchy of Luxembourg.
The prices remain fixed and unchanged during the period of validity stated in the offer, subject to material errors or circumstances beyond which 4 Healthy Pets has no control, such as fluctuations in the VAT rate (non-limitative).
5. The right of withdrawal for the Consumer
In accordance with article VI 47 WER, the Consumer has 14 days to revoke the distance contract without stating reasons. Before the expiry of the withdrawal period, the Consumer unequivocally declares 4 Healthy Pets to the extent of his decision to withdraw from the contract or to find it via the standard form on:
The Consumer will during this period as a good family man take the necessary care for the product and accompanying packaging. The Consumer will only unpack the product to such an extent that it is clear to the Consumer that he does not want to keep the product. In that case, the Consumer will return the product and all appurtenances in its original condition. The Consumer will follow the instructions of 4 Healthy Pets.
The Consumer can not make use of his right of withdrawal for perishable products that have passed the expiry date. Opened products and no longer sealed packaging are likewise affected products and ensure that the Consumer loses his right of withdrawal.
In case of withdrawal, the Consumer will bear all direct costs for the return of the products. 4 Healty Pets will refund the amount paid by the Consumer for the product, less the direct costs for the return, from the moment that 4 Healthy Pets has recovered all goods or earlier, if the Consumer proves that he has returned the goods.
The Consumer is liable for the depreciation of the products resulting from the handling of the products that goes beyond what was necessary to determine the nature, the characteristics and the functioning of the goods.
4 Healthy Pets refunds the Consumer with the same payment method with which the Consumer has performed the original transaction, unless the Consumer has explicitly agreed otherwise.
6. Cancellation, suspension and dissolution
If the Consumer, after the withdrawal period, after the agreement has been finalized, wishes to cancel, and 4 Healthy Pets agrees, 25% of the price (excluding VAT) will be charged as cancellation costs. 4 Healthy Pets reserves the right to claim full compensation for the costs incurred.
4 Healthy Pets has the right to suspend their obligations if:
- The Consumer does not fully fulfill his obligations under the agreement or there is a well-founded suspicion.
- The Consumer dies.
- The Consumer fails to pay an invoice amount or part thereof within the stipulated period.
4 Healthy Pets can dissolve the agreement if circumstances occur that are of such a nature that compliance with the agreement is impossible or can no longer be demanded according to standards of reasonableness and fairness.
7. Conformity, warranty and indemnity
4 Healthy Pets endeavors to deliver the Consumer the best product as indicated in the offer, which corresponds to a reasonable usability / soundness and all legal / regulatory provisions.
Except in case of intent or gross negligence on the grounds of 4 Healthy Pets, all liability of 4 Healthy Pets for damage of any kind (direct or indirect) as a result of defects in or to the products sold, services rendered or work performed, with the Consumer, or with third parties, explicitly excluded. The total liability is only limited to the invoice value of the delivered products. 4 Healthy Pets does not guarantee products that have been damaged deliberately or through negligence of the Consumer, or have not been used in accordance with its instructions. The Consumer bears the burden of proof regarding the damage or the defect of the product.
The Consumer is obliged to indemnify 4 Healthy Pets against all third-party claims (including government) and is liable for all costs arising from this.
The Consumer will clearly announce his place of delivery or that of his representative beforehand. The Consumer is obliged to take delivery of the delivered products at the moment that they are delivered at the delivery location communicated by him or at the moment at which the goods are made available to him in accordance with the agreement. All information provided by the Consumer to 4 Healthy Pets, such as the information accompanying the order, is binding.
Delivery of products takes place while stocks last. If the stock is exhausted, 4 Healthy Pets will inform the Consumer. No form of compensation is due for depleted inventory.
4 Healthy Pets will always determine the delivery time approximately taking into account known circumstances. Exceeding the agreed delivery time in no case gives rise to compensation, penalty or cancellation of the order or order.
Unless otherwise agreed, the risk of delivery is for complete or partial damage and / or full or partial loss at 4 Healthy Pets until the moment of receipt by the Consumer or his representative. In the event of delivery of incorrect products, 4 Healthy Pets will bear the product and transport costs if these incorrect products are returned by the Consumer and are received by 4 Healthy Pets.
9. The payment
Unless otherwise stated in the agreement or on the invoice, payment must be made before the products are sent out. After prepayment, the Consumer can only invoke his rights. The Consumer has a notification obligation to 4 Healthy Pets when incorrect payment details have been communicated.
Late payment of an invoice will result in all claims of 4 Healthy Pets on the Consumer being immediately due and payable. Any overdue invoice will be automatically and without prior notice of default increased by an interest of 1.5% per month, whereby an already started month equals a full month, as well as a flat-rate compensation of 10% of the invoice price with a minimum of 15.00 EUR. This flat-rate compensation does not detract from the possibility of claiming damages for the damage actually suffered.
4 Healthy Pets has a retention of title up to the moment of payment by the Consumer of all deliveries, services or activities to be performed under contract (including all interest and costs).
The Consumer is obliged to provide full cooperation in order to give 4 Healthy Pets the opportunity to return the products to him and to keep the products carefully and sufficiently recognizable as the property of 4 Healthy Pets.
10. Privacy and data protection
By creating a user account, personal data of the Consumer are collected in the customer database of 4 Healthy Pets. The received personal data are only used for internal customer management such as the execution of order. These are not passed on to other organizations for commercial purposes.
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC is observed by 4 Healthy Pets. Consumers are entitled to information, deletion, correction, opposition and access to their personal data.
11. Applicable law
Belgian law applies to all offers, agreements and their implementation.
12. Dispute resolution and competent courts
Immediately after receipt, the Consumer is obliged to carefully check the products. A complaint due to defective product must first be communicated to 4 Healthy Pets in a clear, written and clear manner via e-mail (with acknowledgment of receipt) or registered letter. 4 Healthy Pets tries to provide an answer within a period of three working days, counting from the date of receipt of the complaint. If a longer period is required, 4 Healthy Pets will notify the Consumer of a later date. If the Consumer and 4 Healthy Pets do not reach an amicable solution, in case of further dispute, only the Courts of Kortrijk will be, unless a mandatory statutory provision expressly designates another judge as competent.