Pet Party Terms and Conditions

E-mail: info@petparty.nl
Website: www.petparty.nl

Article 1 - Definitions

1. Pet Party: Pet Party, established in Amsterdam, Chamber of Commerce number 97300527.

2. Customer: the person with whom Pet Party has entered into an agreement.

3. Parties: Pet Party and Customer together.

4. Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 - Applicability

1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Pet Party.

2. Pet Party and the Customer may only deviate from these conditions if this has been agreed in writing.

3. Pet Party and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.

Article 3 - Prices

1. Pet Party uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.

2. Pet Party may always change the prices of its services and products on its website and in other communications.

3. Increases in the cost prices of products or parts thereof, which Pet Party could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.

4. The consumer has the right to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a statutory regulation.

Article 4 - Samples and models

1. If the Customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond to the sample or model.

Article 5 - Payments and payment terms

1. When entering into the agreement, Pet Party may request a deposit of up to 50% of the agreed amount.

2. The Customer must have made a subsequent payment within 14 days after delivery.

3. The payment terms used by Pet Party are strict deadlines. This means that if the Customer has not paid the agreed amount by the last day of the payment term, they are automatically in default, without Pet Party needing to send the Customer a reminder or give notice of default.

4. Pet Party may make delivery dependent on immediate payment or demand security for the total amount of the services or products.

Article 6 - Consequences of late payment

1. If the Customer does not pay within the agreed term, Pet Party may charge the statutory interest per month for non-commercial transactions from the day the Customer is in default, whereby a part of a month is counted as a full month.

2. If the Customer is in default, he must also pay extrajudicial collection costs and any damages to Pet Party.

3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4. If the Customer does not pay on time, Pet Party may suspend its obligations until the Customer has paid.

5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the Customer, Pet Party's claims on the Customer are immediately due and payable.

6. If the Customer refuses to cooperate with the execution of the agreement by Pet Party, he must still pay the agreed price.

Article 7 - Right of complaint 

1. If the Customer is in default, Pet Party may invoke the right to make a complaint with regard to the unpaid products delivered to the Customer.

2. Pet Party exercises its right to complain by means of a written or electronic notice to the Customer.

3. Once the Customer has been informed of the invoked right of complaint, the Customer must immediately return the relevant products to Pet Party, unless otherwise agreed in writing.

4. The Customer shall pay the costs of retrieving or returning the products in paragraph 3.

Article 8 - Right of withdrawal 

1. A consumer may cancel an online purchase within 14 days of purchase without giving a reason. This right of withdrawal does not apply if:

the product has been used

· it is a product that can spoil quickly, such as food or flowers

· it is a product that has been tailor-made or adapted specifically for the consumer

· it is a product that cannot be returned for hygiene reasons, such as underwear or swimwear

· the seal is not intact, in the case of data carriers with digital content, such as DVDs or CDs

· the product or service concerns accommodation, travel, a restaurant business, transport, a catering order or a form of leisure activity

· the product is a loose magazine or loose newspaper

· the consumer has waived his right of withdrawal

2. The 14-day reflection period in paragraph 1 commences:

· on the day after the consumer has received the last product or part of 1 order

· once the consumer has confirmed that he will purchase digital content via the internet

3. The consumer can use their cooling-off period by sending an email with that subject to info@petparty.nl, possibly using the withdrawal form available on the Pet Party website, www.petparty.nl.

4. The consumer must return the product to Pet Party within 14 days after sending the email in paragraph 3.

5. If the consumer does not return the product within 14 days after notifying his right of withdrawal, his right of withdrawal will lapse. 

 

Article 9 - Reimbursement of delivery costs

1. If the consumer has cancelled their purchase in time and returned the entire order to Pet Party in time, Pet Party will refund any shipping costs paid by the consumer within 14 days of receiving the order that has been returned in full on time.

2. Delivery costs will only be borne by Pet Party if the entire order is returned. 

 

Article 10 - Reimbursement of return costs

1. If the consumer exercises his right of withdrawal and returns the entire order on time, the consumer will pay the costs for this.

Article 11 - Right of retention

1. Pet Party may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices from Pet Party, unless the Customer has provided sufficient security for those costs.

2. The right of retention also applies on the basis of previous agreements under which the Customer still has to pay money to Pet Party.

3. Pet Party is not liable for any damage suffered by the Customer due to the use of its right of retention.

Article 12 - Retention of title 

1. Pet Party remains the owner of all delivered products until the Customer has paid all outstanding invoices from Pet Party relating to an underlying agreement, including claims due to failure to perform.

2. Until that time in paragraph 1, Pet Party may exercise its retention of title and take back the goods.

3. Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate or otherwise encumber the products.

4. If Pet Party exercises its retention of title, the agreement will be terminated and Pet Party may claim damages, lost profits and interest from the Customer.

Article 13 - Delivery

1. Delivery will take place while stocks last.

2. Delivery will take place at Pet Party, unless otherwise agreed.

3. Delivery of products ordered online will take place at the address specified by the Customer.

4. If the Customer fails to pay the agreed amounts or fails to pay them on time, Pet Party may suspend its obligations until the Customer pays.

5. In the event of late payment, the creditor is in default, which means that the Customer cannot object to late delivery to Pet Party.

6. Some products are dropshipped by one of Pet Party's partners. In that case, the shipment is shipped directly from the supplier, and delivery times may vary. In such cases, Pet Party remains the customer's point of contact.

Article 14 - Delivery time 

1. Pet Party's delivery times are indicative. If delivery is delayed, the Customer cannot derive any rights from this, unless otherwise agreed in writing.

2. The delivery time commences when the Customer has fully completed the ordering process and has received confirmation from Pet Party.

3. The Customer will not receive any compensation and may not cancel the agreement if Pet Party delivers later than agreed. The Customer may, however, cancel the agreement if this has been agreed in writing or if Pet Party cannot deliver within 14 days, after receiving written notice to do so, or if the Customer and Pet Party have agreed otherwise. 

Article 15 - Actual delivery

1. The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 16 - Transportation costs 

1. The Customer pays the costs for transport, unless the Customer and Pet Party have agreed otherwise in writing.

Article 17 - Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before accepting the product. If the Customer fails to do so, they cannot hold Pet Party liable for any damage.

2. If the Customer arranges the transport of a product themselves, they must report any visible damage to the product or packaging to Pet Party prior to transport. If the Customer fails to do so, they cannot hold Pet Party liable for any damage.

Article 18 - Storage 

1. If the Customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.

2. Any additional costs resulting from premature or late collection of products will be borne entirely by the Customer.

Article 19 - Warranty

1. The warranty on products applies only to defects caused by defective manufacturing or construction or defective materials.

2. The warranty does not apply:
- in case of normal wear and tear
- for damage caused by accidents
- for damage caused by changes made to the product
- for damage caused by negligence or improper use by the Customer
- when the cause of the defect cannot be clearly determined

3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the Customer at the time when they are legally and/or actually delivered, or at least come into the possession of the Customer or of a third party who receives the product on behalf of the Customer.

Article 20 - Exchange 

1. The Customer may exchange a purchased item. The following conditions apply:

· Exchanges take place within 14 days after purchase, provided the Customer can show the original invoice

· the product is returned in the original packaging and with the original price tag attached

· the product has not yet been used

2. Discounted items, perishable products, custom-made items or items specially adapted for the Customer cannot be exchanged.

Article 21 - Indemnification

1. The Customer indemnifies Pet Party against all claims from others relating to the products and/or services supplied by Pet Party.

Article 22 - Complaints

1. The Customer must examine a product or service supplied by Pet Party as soon as possible for any deficiencies.

2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Pet Party thereof within 1 month of discovering the shortcoming.

3. A consumer must inform Pet Party of the defect within 2 months of discovering it.

4. The Customer must provide as detailed a description as possible of the deficiency so that Pet Party can respond appropriately.

5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Pet Party.

6. If a complaint concerns ongoing work, the Customer cannot demand that Pet Party perform work other than that agreed upon.

Article 23 - Notice of Default

1. The Customer must notify Pet Party in writing of any notice of default.

2. The Customer is responsible for ensuring that his notice of default actually reaches Pet Party on time.

Article 24 - Customer Liability

1. When Pet Party enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.

Article 25 - Pet Party Liability

1. Pet Party is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.

2. If Pet Party is liable for damages, this only applies to direct damages related to the performance of an underlying agreement.

3. Pet Party is not liable for indirect damages, such as consequential damages, lost profits or damages to third parties.

4. If Pet Party is liable, its liability is limited to the amount paid by a professional liability insurance policy. If no insurance is in place or no damages are paid, liability is limited to the (portion of the) invoice amount to which the liability relates.

5. All images, photos, colours, drawings, descriptions on the website or in a catalogue are for indicative purposes only and cannot lead to any compensation, cancellation or suspension.

Article 26 - Expiration Period

1. Any right of the Customer to compensation from Pet Party expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 27 - Dissolution

1. The Customer may cancel the agreement if Pet Party is culpably in breach of its obligations, unless this breach does not justify termination due to its special nature or minor significance.

2. If Pet Party is still able to fulfil its obligations, dissolution can only take place after Pet Party is in default.

3. Pet Party may cancel the agreement with the Customer if the Customer does not fully or timely fulfil his obligations under the agreement, or if Pet Party has become aware of circumstances that give it good reason to assume that the Customer will not fulfil his obligations.

Article 28 - Force Majeure

1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Pet Party by the Customer cannot be attributed to Pet Party in the event of force majeure.

2. The force majeure situation in paragraph 1 also includes:
- an emergency such as a civil war or natural disaster
- default or force majeure of suppliers, delivery personnel or others
- power, electricity, internet, computer or telecom outages
- computer viruses
- strikes
- government measures
- transportation problems
- bad weather conditions
- work stoppages

3. If a force majeure situation occurs as a result of which Pet Party cannot fulfil one or more obligations to the Customer, those obligations will be suspended until Pet Party can fulfil them.

4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both the Customer and Pet Party may cancel the agreement in writing in whole or in part.

5. In the event of force majeure, Pet Party is not obliged to pay any compensation to the Customer, even if Pet Party benefits from this.

Article 29 - Amendment of the agreement

1. If it is necessary to change a concluded agreement for its implementation, the Customer and Pet Party can adjust the agreement.

Article 30 - Amendment of general terms and conditions

1. Pet Party may change these terms and conditions.

2. Pet Party may always implement changes of minor importance.

3. Pet Party will discuss any major changes with the Customer in advance as much as possible.

4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article 31 - Transfer of rights

1. The Customer may not transfer any rights arising from an agreement with Pet Party to others without the written permission of Pet Party.

2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 32 - Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.

2. A provision that is null and void or voidable will in that case be replaced by a provision that comes closest to what Pet Party had in mind when drawing up the conditions on that point.

Article 33 - Applicable law and competent court

1. Dutch law applies to these general terms and conditions.

2. The court in the district where Pet Party is established has exclusive jurisdiction to hear any disputes between the Customer and Pet Party, unless the law provides otherwise.

Drafted on June 11, 2025.