General Terms and Conditions of 'Wholesale.Funky-Dogs.com', a business wholesale website of Studio Vortex, located in DRUNEN.
1.1 These general terms and conditions apply to all offers from 'wholesale.funky-dogs.com', hereinafter referred to as 'seller'. The general terms and conditions are accessible to everyone at https://www.wholesale.funky-dogs.com.
1.2 By placing an order, the customer indicates that he agrees with these general terms and conditions. The seller reserves the right to change its general terms and conditions.
1.3 Unless agreed in writing, specific agreements, conditions and / or stipulations as well as third-party stipulations are not recognized by the seller.
1.4 All images, drawings, descriptions and information are approximate only, are indicative and cannot give rise to compensation or termination of the agreement.
2.1 Deliveries are made from stock, unless stated otherwise on the website or agreed with the customer and will be carried out within 3 working days after receipt of full payment. If delivery is not possible because the ordered, other than the delivery time stated on the website, is not fully or partially delivered, or there is a delay for other reasons, the customer will receive a message within 3 working days after placing the order and he has in that case the right to cancel the order without costs and notice of default.
2.2 Subject to proof to the contrary, the seller's obligation to deliver will be fulfilled as soon as the goods delivered by the seller have been offered to the customer at least once. Upon delivery, the report of the carrier, alleging the refusal of acceptance, serves as full proof of the offer to deliver.
2.3 The costs for any re-sending and/or storage of the delivery are at the expense and risk of the customer and must be paid in advance before the new delivery.
2.4 The customer must visually inspect the condition of the delivery before accepting it from the carrier. In the event of visible damage to the packaging, the customer must make clear photos and a written report of this to the carrier before accepting it. After receipt of the delivery, the customer must immediately check the contents for possible (transport)damage to products. In the event of damage, the customer must clearly document this by means of photo and/or video material. Any damage must be reported to the seller immediately in writing.
2.5 All the stated (delivery) periods are indicative. No rights can be derived from the (delivery) periods.
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements price increases in the meantime.
3.2 All prices on the site are subject to typing and printing errors. No liability is accepted for the consequences of typing and printing errors.
3.3 All prices on the site are in Euros and are shown exclusive of VAT.
4. Warranty and conformity
4.1 The seller guarantees that the products meet the reasonable requirements of reliability and / or usability for a period that you can reasonably expect from the product, on the understanding that the warranty is never longer than a period of 1 year after delivery.
4.2 No warranty is given on dog toys unless if it appears that the defect is clearly due to a production error.
4.3 The customer is obliged to check the delivered products within 3 working days after receipt. If it appears that one or more delivered products are wrong, inadequate and / or incomplete, the customer must immediately report these defects to the seller in writing. Commissioning after detection of defects, damage occurring after detection of defects, encumbrance and / or resale after detection of defects, void the right to complain.
4.4 If defects are found to be justified by the seller, the seller will reimburse the products concerned in whole or in part.
4.5 Guarantee does not apply if: A) and as long as the customer is in default towards the seller; B) the customer has repaired and / or processed the delivered goods himself or has them repaired / or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or have been otherwise handled carelessly or have been treated contrary to the instructions of the seller and / or instructions for use; D) the inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used; E) there is wear and / or environmental influences.
4.6 Guarantee is based on 'carry-in', which means that the customer must deliver the delivered goods to the seller himself or at his own expense and risk to the farbuyer should send it.
5.1 Offers are without obligation, unless stated otherwise in the offer.
5.2 Upon acceptance of a non-binding offer by the customer, the seller reserves the right to revoke or deviate from the offer within 14 working days of receipt of that acceptance.
5.3 Verbal commitments only bind the seller after they have been explicitly confirmed in writing.
5.4 Offers from the seller do not automatically apply to repeat orders.
5.5 The seller cannot be held to its offer if the customer should have understood whether the offer, or any part thereof, contained an obvious mistake or clerical error.
5.6 Additions, changes and / or further agreements are only valid if agreed in writing.
6.1 An agreement between the seller and the customer is concluded after an order assignment has been assessed by the seller for feasibility.
6.2 The seller reserves the right not to accept orders or assignments without giving a reason.
7. Force majeure
7.1 The seller is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
7.2 Force majeure is understood to mean, among other things, any strange cause, as well as any circumstance that should not reasonably be at its risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and / or manufacturers of the seller as well as of auxiliary persons, illness of personnel, defects in auxiliary or transport equipment explicitly count as force majeure.
7.3 In the event of force majeure, the seller reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances is the seller obliged to pay any fine or compensation.
7.4 If the seller has already partially fulfilled its obligations upon the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to deliver the already delivered or the deliverable part separately and the customer is obliged to accept this. However, this does not apply if the already delivered or deliverable part has no independent value.
8.1 With regard to legal liability, the seller is only liable for damage if this is covered by the liability insurance for companies taken out by the seller. The amount of the damage will be determined by the insurance company, on the understanding that the compensation will never be higher than the compensation to be paid by the insurance company.
8.2 Liability for damage as a result of delay in delivery, lost profit, stagnation damage and other consequential damage is excluded.
8.3 The seller is not liable for any form of damage as a result of incorrect use of products and / or non-compliance with safety regulations.
8.4 The seller is not liable for damage caused by intent or equivalent deliberate recklessness.
9. Retention of title
9.1 Ownership of all goods sold and delivered by the seller to the buyer remains with the seller as long as the buyer has not paid the seller's claims under the agreement or previous or later similar agreements, as long as the buyer has carried out the work performed or still to be performed under this agreement. or similar agreements has not yet paid and as long as the buyer has not yet paid the claims of the seller due to failure to comply with such obligations, including claims with regard to fines, interest and costs, all this as referred to in Article 3: 92 BW.
9.2 The goods delivered by the seller that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
9.3 The customer is not entitled to pledge or encumber in any other way the goods subject to retention of title.
9.4 The customer now gives unconditional and irrevocable permission to the seller or a third party to be appointed by the seller to, in all cases where the seller wishes to exercise its ownership rights, to enter all those places where its properties will be located and to take those goods there. take.
9.5 If third parties seize the goods delivered under retention of title or want rights to themestablish or assert, the customer is obliged to inform the seller of this as soon as can reasonably be expected.
9.6 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to the seller on first request.
10. Applicable law / competent court
10.1 Dutch law applies to all agreements.
10.2 Disputes arising from an agreement between the seller and the customer, which cannot be resolved by mutual agreement, will be heard by a competent court based in the Netherlands.