Terms and Conditions
Delften 23 UNIT 23
These General Terms and Conditions of Business apply to all orders and deliveries between Petgamma BV, Delften 23 Unit 23, 22390 Malle, Belgium (hereinafter: Petgamma ) and its customers via the online shop www.petgamma.co.uk
2. Order process, entering into a contract, quantity limitation
- Petgamma offers its customers a comprehensive range for all matters concerning domestic pets. By clicking on the products or product descriptions, the customer navigates to the product details, .e.g. details regarding the product design, size or flavour. The product is placed in the virtual shopping basket by entering the requested quantity and clicking on the shopping basket icon.
- By clicking on the "shopping basket" button, displayed in the top right-hand corner of the online shop, the customer navigates to an overview page and at any time can check the goods in the virtual shopping basket and, where necessary, make changes.
- If a customer does not wish to purchase additional goods, they can continue via the "To order/checkout" button. Registered customers can enter their user names and passwords here to automatically use their saved information for the order. Alternatively, the customer can register as a new customer and set up a customer account or continue the purchase without setting up a customer account. In such a case, the customer must enter their address and invoice information on the following page.
- By further clicking on the "Continue" button, the customer reaches the penultimate order stage "Overview". The customer has access to an overview of the order here with details of the price (including the statutory VAT) and details of the delivery service and costs.
- The order is entered into by clicking on the "Buy" button. This means a binding offer has been made.
Entering into a contract
The images of the range in the online shop are intended as an illustration and do not constitute binding offers for sale. By completing the order process by clicking on the "Buy" button the customer makes a binding offer to enter into a purchase contract. The customer thereupon receives an automated confirmation of receipt of order by e-mail (order confirmation). This order confirmation does not constitute acceptance of the offer. The contract with Petgamma is only concluded when Petgamma sends the ordered product to the customer and the shipping to the customer is confirmed by e-mail (shipping confirmation).
The offered goods are sold in customary domestic quantities only and only to persons of an age at which they are capable of entering into legal transactions.
3. Prices and shipping charges
All prices contain the statutory VAT and other price elements, and are to be understood plus shipping costs that may apply. We do sell to businesses, but we don't refund the VAT.
If the correct VAT number is given together with the order, the VAT will not be calculated or payed.
Petgamma delivers from a minimum order value of 15.00 euro(excluding shipping charges). Prices for delivery charges can be found on the website on the FAQ page. Customers will not incur additional shipping costs should a delivery be divided into several consignments for technical or logistical reasons.
4. Dispatch and delivery
Unless stated otherwise in the offer, the delivery period is 2 to 3 working days after dispatch. This is not a fix period and delivery periods can change due to external influences or other unpredictable causes.
In the event that some of the ordered products are not in stock, Petgamma shall be entitled to provide partial deliveries at its cost provided this is acceptable for the customer.
In the event that Petgamma is unable to deliver the ordered product because Petgamma itself is not supplied by its own suppliers, without culpability on the part of Petgamma, Petgamma may withdraw from the contract. In such a case, Petgamma shall inform the customer without delay and propose a comparable product. If a comparable product is not available, or if the customer does not wish to have that product delivered, Petgamma shall, without delay, reimburse payments made by the customer. Deliveries are free of customs duties within the EU. In the case of delivery in countries outside the EU customs duties, taxes and other levies that may apply shall be borne by the customer.
In the event that supplied products are damaged en route, the Petgamma customer service is to be contacted, where possible, without delay. As a result, Petgamma shall have the option of lodging a complaint with the carrier or transport insurer regarding the damage. If the customer fails to provide notification of transport damage, this shall not have any effect whatsoever on the customer's statutory guarantee rights.
5. Retention of title
The goods shall remain the property of Petgamma up until payment in full. Prior to the passing of ownership, pledging, ownership transfer by way of security, processing or redesigning are not permitted without approval by Petgamma.
6. Right of withdrawal
Customers who are consumers have a fourteen-day cancellation right. A consumer is any natural person who enters into a legal transaction for a purpose that is neither attributable to their commercial nor self-employed professional activity. The following regulations apply to the cancellation right and the excluding of the cancellation right. If customers have any further questions about cancellations, they can contact the Petgamma customer service.
Instructions on withdrawal
The exercise of the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us(Petgamma Comm V, Schoolstraat 6,2960 Brecht, Belgium, telephone: 0499/35 10 00, i[email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods to
Petgamma Comm V
without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of Information concerning the Right of withdrawal
Exclusion of the right of withdrawal
The right of withdrawal does not apply in the event of delivery of goods
- that are not pre-produced and an individual selection or determination by the consumer is authoritative for their manufacture or goods that are clearly geared towards the consumer's personal requirements; goods that may perish quickly or goods whose sell-by-date would quickly run out,
- that are not suitable for returns for reasons involving health protection or hygiene if their seal has been broken post-delivery,
- that were post-delivery inseparably mixed with other goods.
7. Guarantee and liability
The statutory guarantee provisions apply.
Veterinary medicine diet feed should only be used where recommended and by way of regular monitoring by the veterinarian. The veterinarian should be visited regularly (every 6 months) during the feeding for check-up examinations and without delay in the event of deterioration in the domestic pet's condition. zooplus is not liable for the consequences of inappropriate use of veterinary medical diet feed or use that is unnecessary.
8. Payment methods and credit notes
Payment for goods is to be made by credit card, mister cash, ideal, paypal or banktransfer. Unfortunately, we cannot accept payment sent in the form of cash or cheques and are not responsible for loss.
Your credit or debit card will not be charged until your goods leave our warehouse. In the case of possible returns the amount paid will be refunded. Should your credit card have insufficient credit we reserve the right to invoice you for the costs incurred in making requests for payment.
If the customer defaults in payment, the purchase price shall incur interest during the default in the sum of 5 percentage points above the ECB base lending rate. If the customer is not a consumer, the default interest shall be 8 percentage points above the base lending rate. zooplus reserves the right to assert a claim for greater damage caused by default subject to furnishing proof in that respect.
Payment via bank transfer
All listed countries can use the method of bank transfer, except Ireland. Please be sure to include your order invoice number in the payment reference field when you enter the information for your bank transfer. Please transfer the balance to the following account:
Petgamma Comm V
Payment by credit card
In the case of payment by credit card, amounts are booked within one week after shipping the goods.
PayPal is an online account-based system that lets anyone with an email address send and receive online payments using their credit card or bank account. You can use it at Petgamma to pay safely, easily and quickly. During the ordering process, you can also open up a PayPal account if you already don't have one. The advantage of PayPal is that our system recognises the payment immediately and your items are shipped after 24-48 hours! Please note that we cannot accept Paypal accounts from the USA.
Extra cost applied with payment by paypal
9. Data protection
Petgamma takes the protection of its customers' data very seriously. We will do everything in our effort to reassure the protection of your data.
10. Final provision
Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity or enforceability of the other provisions of these Terms and Conditions shall not be affected thereby. Belgian llaw applies by way of exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Status of these General Terms and Conditions of Business: 1 april 2015