General terms and conditions
Introduction
Below you will find our General Terms and Conditions. These apply whenever you use or place an order through our Website and contain important information for you as a buyer. Therefore, please read the General Terms and Conditions carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
Article 1 Definitions
1.1 Frogs and Dogs: Part of F&D Online VOF, located in Rotterdam, registered with the Chamber of Commerce under registration number 77557751, operating under the name Frogs and Dogs.
1.2 Website: the website of Frogs and Dogs, accessible via www.frogsanddogs.nl and all associated subdomains.
1.3 Customer: the natural or legal person, whether acting in the exercise of a profession or business, who enters into an Agreement with Frogs and Dogs and/or has registered on the Website.
1.4 Agreement: any arrangement or agreement between Frogs and Dogs and Customer, of which the General Terms and Conditions form an integral part.
1.5 General Terms and Conditions: these General Terms and Conditions.
Article 2 Applicability of General Terms and Conditions
2.1 The General Terms and Conditions apply to all offers, agreements, and deliveries of Frogs and Dogs, unless expressly agreed otherwise in writing.
2.2 If the Customer includes provisions or conditions in their order, confirmation, or communication of acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding on Frogs and Dogs if and to the extent that they have been expressly accepted in writing by Frogs and Dogs.
2.3 In the event that, in addition to these General Terms and Conditions, specific product or service conditions also apply, those conditions also apply, but the Customer can always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.
Article 3 Prices and Information
3.1 All prices stated on the Website and in other materials originating from Frogs and Dogs include VAT and, unless otherwise stated on the Website, other levies imposed by the government.
3.2 If shipping costs are charged, this will be clearly stated before the conclusion of the Agreement. Additionally, these costs will be separately displayed during the order process.
3.3 The content of the Website is composed with the greatest care. However, Frogs and Dogs cannot guarantee that all information on the website is correct and complete at all times. Some images and information are for illustrative purposes. All prices and other information on the Website and in other materials originating from Frogs and Dogs are therefore subject to obvious programming and typographical errors.
3.4 Prices will not be increased during the validity period of the offer, unless legal measures make this necessary or the manufacturer implements interim price increases.
3.5 Frogs and Dogs cannot be held responsible for (color) deviations due to screen quality.
Article 4 Conclusion of Agreement
4.1 The Agreement is concluded at the moment of acceptance by the Customer of the offer from Frogs and Dogs and compliance with the conditions set by Frogs and Dogs.
4.2 If the Customer has accepted the offer electronically, Frogs and Dogs will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
4.3 If it appears that incorrect data was provided by the Customer during acceptance or the conclusion of the Agreement, Frogs and Dogs has the right to fulfill its obligations only after the correct data has been received.
4.4 Frogs and Dogs may, within legal frameworks, inform itself as to whether the Customer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the Agreement. If Frogs and Dogs has good grounds, based on this investigation, not to enter into the Agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation, such as advance payment.
Article 5 Execution of Agreement
5.1 As soon as the order has been received by Frogs and Dogs, Frogs and Dogs will send the products as soon as possible, with due observance of the provisions in paragraph 3 of this Article.
5.2 Frogs and Dogs is entitled to engage third parties in the performance of the obligations arising from the Agreement.
5.3 On the Website, the method of delivery and the delivery period of the products will be clearly described before the conclusion of the Agreement. If no delivery period has been agreed or mentioned, products will in any case be delivered within 30 days.
5.4 If Frogs and Dogs is unable to deliver the products within the agreed period, or at least within 30 days, it will inform the Customer accordingly. In that case, the Customer may agree to a new delivery date or be given the option to dissolve the Agreement free of charge.
5.5 Frogs and Dogs recommends that the Customer inspect the delivered products and report any defects found within a reasonable time, preferably in writing or by email. See the Article regarding warranty and conformity for more details.
5.6 As soon as the products to be delivered have been delivered to the specified delivery address, the risk regarding these products passes to the Customer. If expressly agreed otherwise, the risk may pass to the Customer at an earlier time. If the Customer decides to collect the products, the risk passes upon the transfer of the products. Upon delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer to deliver.
5.7 Frogs and Dogs is entitled to deliver a similar product of similar quality as the ordered product if the ordered product is no longer available. In that case, the Customer is entitled to dissolve the agreement free of charge and return the product free of charge.
Article 6 Right of Withdrawal/Return
6.1 This Article only applies if the Customer is a natural person who is not acting in the exercise of their profession or business. Business Customers do not have a right of withdrawal. The Customer has the right to dissolve the Agreement concluded at a distance with Frogs and Dogs within 14 calendar days after receiving the product, without giving any reason, free of charge. The term begins on the day after the Customer, or a third party designated by them who is not the carrier, has received the product, or:
- if the Customer has ordered multiple products in one order: the day on which the Customer, or a third party designated by them, received the last product;
- if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by them, received the last shipment or part;
- for agreements for regular delivery of products over a certain period: the day on which the Customer, or a third party designated by them, received the first product.
6.2 Only the direct costs of the return shipment are borne by the Customer. The Customer must bear the return costs themselves. If these costs exceed the regular postal rate, Frogs and Dogs will provide an estimate of these costs.
Any shipping and payment costs paid by the Customer for the product will be refunded to the Customer when the entire order is returned.
6.3 During the withdrawal period referred to in paragraph 1, the Customer will handle the product and packaging with care. The Customer will only open the packaging and use the product to the extent necessary to determine the nature, characteristics, and functioning of the products. The starting point here is that this inspection should not go beyond what the Customer could do in a physical store.
6.4 The Customer is only liable for the depreciation of the product that results from handling the product beyond what is permitted in the previous paragraph.
6.5 The Customer may dissolve the Agreement in accordance with paragraph 1 of the term set in this Article by sending the model withdrawal form (digitally) to Frogs and Dogs, or by clearly indicating to Frogs and Dogs in another unambiguous manner that they wish to cancel the purchase. Frogs and Dogs will confirm the receipt of such a notification in the case of a digital notification. After dissolution, the Customer has another 14 days to return the product. It is also possible to return the product directly within the withdrawal period set in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous declaration of withdrawal is included.
Products can be returned to:
Frogs and Dogs
Anthonetta Kuijlstraat 112
3066 GS, Rotterdam (ZH)
6.6 Any amounts already paid by the Customer (in advance) will be refunded to the Customer as soon as possible, but no later than 14 days after the dissolution of the Agreement, in the same manner as the Customer paid for the order. If the Customer has chosen a more expensive method of delivery than the cheapest standard delivery, Frogs and Dogs does not have to refund the additional costs for the more expensive method.
Unless Frogs and Dogs offers to collect the product themselves, Frogs and Dogs may wait to refund until Frogs and Dogs has received the product or until the Customer proves that they have returned the product, whichever is earlier.
6.7 On the Website, information about whether or not the right of withdrawal applies and any desired procedure is clearly stated before the conclusion of the Agreement.
Article 7 Payment
7.1 The Customer must make payments to Frogs and Dogs according to the payment methods indicated in the order process and possibly on the Website. Frogs and Dogs is free in the choice of offering payment methods and these can change from time to time. In the case of payment after delivery, the Customer has a payment term of 14 days starting from the day after delivery.
7.2 If the Customer does not meet their payment obligations on time, after being notified by Frogs and Dogs of the late payment and being given a 14-day period by Frogs and Dogs to fulfill their payment obligations, and payment has still not been made within this 14-day period, the Customer owes statutory interest on the outstanding amount, and Frogs and Dogs 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 next €2,500; and 5% on the next €5,000, with a minimum of €40. Frogs and Dogs may deviate from the stated amounts and percentages in favor of the Customer.
7.3 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment method. Payment must be made to Klarna.
Pay Later You can find more information in Klarna's user terms. General information about Klarna can be found here. Your personal data will be processed by Klarna in accordance with the applicable data protection law and as described in Klarna's privacy statement.
Article 8 Warranty and Conformity
8.1 This Article only applies if the Customer is a natural person who is not acting in the exercise of their profession or business. If Frogs and Dogs provides a separate warranty on the products, this applies, notwithstanding the previous sentence, to all types of Customers.
8.2 Frogs and Dogs ensures that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If specifically agreed, Frogs and Dogs also ensures that the product is suitable for other than normal use.
8.3 A warranty provided by Frogs and Dogs, manufacturer, or importer does not affect the legal rights and claims that the Customer already has and can invoke under the Agreement.
8.4 If the delivered product does not comply with the Agreement, the Customer must notify Frogs and Dogs within a reasonable time after discovering the defect.
8.5 If Frogs and Dogs considers the complaint to be well-founded, the relevant products will be repaired, replaced, or refunded after consultation with the Customer. The maximum compensation is, with due observance of the Article regarding liability, equal to the price paid by the Customer for the product.
Article 9 Complaints Procedure
9.1 If the Customer has a complaint about a product (in accordance with the Article on warranty and conformity) and/or about other aspects of Frogs and Dogs' services, they can submit a complaint to Frogs and Dogs by telephone, email, or mail. See the contact details at the end of the General Terms and Conditions.
9.2 Frogs and Dogs will respond to the Customer's complaint as soon as possible, but in any case within 7 days after receiving the complaint. If it is not yet possible to provide a substantive or final response, Frogs and Dogs will confirm receipt of the complaint within 7 days and provide an indication of the period within which they expect to give a substantive or final response to the Customer's complaint.
Article 10 Liability
10.1 This Article only applies if the Customer is a natural or legal person acting in the exercise of their profession or business. However, Article 10.7 applies to all types of Customers.
10.2 The total liability of Frogs and Dogs towards the Customer due to an attributable failure to fulfill the Agreement is limited to compensation of a maximum of the amount of the agreed price for that Agreement (including VAT).
10.3 Frogs and Dogs' liability towards the Customer for indirect damage, including but expressly not limited to consequential damage, lost profit, missed savings, loss of data, and damage due to business interruption, is excluded.
10.4 Except for the cases mentioned in the previous two paragraphs of this Article, Frogs and Dogs has no liability for damages towards the Customer, regardless of the basis on which a claim for damages would be made. However, the limitations mentioned in this Article do not apply if and to the extent that the damage is the result of intent or gross negligence on the part of Frogs and Dogs.
10.5 Frogs and Dogs' liability towards the Customer due to an attributable failure to fulfill an agreement only arises if the Customer immediately and properly gives Frogs and Dogs written notice of default, setting a reasonable period for remedying the failure, and Frogs and Dogs continues to fail to fulfill its obligations even after that period. The notice of default must contain as detailed a description of the failure as possible so that Frogs and Dogs is able to respond adequately.
10.6 A condition for the existence of any right to compensation is always that the Customer reports the damage to Frogs and Dogs in writing as soon as possible, but no later than 30 days after the occurrence of the damage.
10.7 In the event of force majeure, Frogs and Dogs is not obliged to compensate any damage caused to the Customer as a result. In the event of force majeure, Frogs and Dogs 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 modified in such a way that execution remains possible. Under no circumstances is Frogs and Dogs obliged to pay any penalty or compensation.
Article 11 Retention of Title
11.1 As long as the Customer has not made full payment of the entire agreed amount, all delivered goods remain the property of Frogs and Dogs.
Article 12 Personal Data
12.1 Frogs and Dogs processes the Customer's personal data in accordance with the privacy statement published on the Website. Personal data is used for the purpose for which it was provided, including the execution of the order, and for inclusion in a database for administration purposes. If the Customer gives consent for other processing and use, such as receiving newsletters, Frogs and Dogs acts in accordance with the Personal Data Protection Act.
Article 13 Disclaimer
13.1 The content of the Website has been composed with the greatest care. However, Frogs and Dogs cannot guarantee that all information on the website is correct and complete at all times. Some images and information are for illustrative purposes. All prices and other information on the Website and in other materials originating from Frogs and Dogs are therefore subject to obvious programming and typographical errors.
Article 14 Final Provisions
14.1 The Agreement is governed by Dutch law.
14.2 Unless otherwise required by mandatory law, all disputes arising from the Agreement will be submitted to the competent Dutch court in the district where Frogs and Dogs is located.
14.3 If any provision in these General Terms and Conditions proves to be invalid, this does not affect the validity of the entire General Terms and Conditions. In that case, the parties will replace the invalid provision(s) with new provision(s) that reflect the intention of the original provision as much as possible within legal limits.
14.4 "In writing" in these General Terms and Conditions also includes communication by email and fax, provided the sender's identity and the integrity of the email are sufficiently established.
Contact Details
If you have any questions, complaints, or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by email.
Frogs and Dogs
Anthonetta Kuijlstraat 112
3066 GS, Rotterdam (ZH)
Tel: 010-4519977
E: info@frogsanddogs.nl
KvK: 77557751
BTW: NL 861046055 B01