Article 1 – Definitions
QT Paws VOF, established in Eindhoven, Chamber of Commerce number 91805333, will be referred to in these general terms and conditions as seller. Seller’s counterparty shall be referred to as buyer in these terms and conditions. Parties are referred to as seller and buyer together. The contract is referred to as the purchase agreement between the parties.

Article 2 – Applicability of general terms and conditions
These terms and conditions shall apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of seller. The parties may only deviate from these terms and conditions if they have expressly agreed to this in writing. Seller expressly excludes the applicability of additional and/or deviating general terms and conditions of buyer or third parties.

Article 3 – Payment
The full purchase price is always paid directly in the webshop. If buyer does not pay on time, he is in default. If buyer remains in default, seller is entitled to suspend the obligations until buyer has fulfilled his payment obligation. If buyer remains in default, seller will proceed to collection. The costs related to such collection shall be borne by the buyer. These collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller’s claims against the buyer shall be immediately due and payable. If the buyer refuses to cooperate in the execution of the order by the seller, he shall still be obliged to pay the agreed price to the seller.

Article 4 – Offers, quotations and price
Offers are without obligation, unless the offer states a period for acceptance. If the offer is not accepted within that period, the offer will lapse. Delivery times in offers are indicative and do not entitle the buyer to dissolution or damages if they are exceeded, unless the parties have expressly agreed otherwise in writing. Offers and quotations do not automatically apply to repeat orders. The parties must agree this explicitly and in writing. The price mentioned on offers, quotations and invoices consists of the purchase price including the VAT and any other government levies due.

Article 5 – Right of withdrawal
The buyer is entitled to dissolve the contract within 14 days of receiving the order without giving reasons (right of withdrawal). The period starts from the moment the (entire) order is received by the buyer. There is no right of withdrawal when the products are custom-made according to his specifications or have only a short shelf life. The right of withdrawal does not apply to personalized products. These may never be returned. The consumer may use a withdrawal form provided by the seller. Seller is obliged to make this available to buyer immediately after buyer’s request. Please contact us via the contact form to request a return. Please include your order number and reason for return. Our customer service team will provide you with further instructions. The return address is Rozemarijnstraat 27A, 5614 GA in Eindhoven, the Netherlands. During the reflection period, the buyer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all delivered accessories and – if reasonably possible – in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur. For more information on returns, Seller refers to its Shipping and Return Policy.

Article 6 – Modification of the agreement
If during the execution of the agreement it appears that for a proper execution of the assignment it is necessary to modify or supplement the work to be done, the parties shall timely and in mutual consultation adapt the agreement accordingly. If the parties agree that the agreement is amended or supplemented, the time of completion of the execution may be affected as a result. The Seller shall inform the Buyer of this as soon as possible. If the amendment or supplement to the Agreement has financial and/or qualitative consequences, Seller shall inform Buyer thereof in writing in advance. If the parties have agreed on a fixed price, the Seller shall also indicate to what extent the amendment or supplement to the Agreement will result in an overrun of this price. Contrary to the provisions of the third paragraph of this article, seller cannot charge additional costs if the change or supplement is the result of circumstances attributable to him.

Article 7 – Delivery and transfer of risk
As soon as the purchased item is received by buyer, the risk passes from seller to buyer.

Article 8 – Examination and complaints
The Buyer shall be obliged to examine the delivered goods, or have them examined, at the time of delivery or transfer, but in any event within as short a period as possible. In doing so, buyer must examine whether the quality and quantity of the delivered goods correspond with what the parties have agreed, or at least whether the quality and quantity meet the requirements applicable to them in normal (commercial) dealings. Complaints relating to damage, shortages or loss of delivered goods must be submitted to seller in writing within 10 working days of the day of delivery of the goods by pbuyer. If the complaint is declared well-founded within the specified period, the seller shall be entitled to either repair, redeliver or abandon delivery and send the buyer a credit note for that part of the purchase price. Minor and/or industry-standard deviations and differences in quality, number, size or finish cannot be held against the seller. Complaints regarding a certain product do not affect other products or parts belonging to the same agreement. No complaints will be accepted after the goods have been processed at the buyer’s premises.

Article 9 – Samples and models
If a sample or model has been shown or provided to buyer, it is assumed to have been provided only as an indication without the matter to be delivered having to correspond to it. This is different if the parties have expressly agreed that the item to be delivered will correspond to it.

Article 10 – Delivery
Delivery is made “ex factory/shop/warehouse”. This means that all costs are for buyer’s account. Buyer is obliged to take delivery of the goods at the moment that seller delivers them to him or has them delivered, or at the moment at which these goods are made available to him in accordance with the agreement. If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, the Seller shall be entitled to store the goods at the Buyer’s expense and risk. If the goods are delivered, Seller shall be entitled to charge any delivery costs. If the Seller requires information from the Buyer for the performance of the Agreement, the delivery period shall commence after the Buyer has made this information available to the Seller. A delivery period given by the Seller is indicative. It is never a deadline. If the term is exceeded, the Buyer must give the Seller written notice of default. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or the partial delivery has no independent value. Seller is entitled to invoice these partial deliveries separately.

Article 11 – Force Majeure
If the seller cannot, in a timely manner, or properly fulfill its obligations under the agreement due to force majeure, then they are not liable for damages suffered by the buyer. Force majeure, as understood by the parties, includes any circumstance that the seller could not have foreseen at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be expected by the buyer, such as illness, war or the danger of war, civil war and riots, sabotage, terrorism, power failure, flooding, earthquake, fire, occupation of business premises, strikes, lockouts, altered government measures, transportation difficulties, and other disturbances in the seller’s business. Furthermore, the parties understand force majeure to include the circumstance that suppliers on whom the seller depends for the execution of the agreement do not fulfill their contractual obligations towards the seller, unless this is attributable to the seller. If a situation as referred to above occurs as a result of which the seller cannot fulfill its obligations towards the buyer, then those obligations are suspended until the seller can fulfill its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to terminate the agreement in writing in whole or in part. If the force majeure lasts longer than three months, the buyer has the right to terminate the agreement immediately. Termination can only be done by registered letter.

Article 12 – Assignment of Rights
Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision shall be considered as a clause with proprietary effect as referred to in Article 3:83, second paragraph, of the Civil Code.

Article 13 – Reservation of Ownership and Retention Rights
The goods present at the seller’s premises and delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller may invoke its reservation of ownership and take back the goods. If the agreed prepayment amounts are not paid or not paid on time, the seller has the right to suspend the work until the agreed part is paid. This constitutes creditor default. A delayed delivery cannot be objected to by the seller in that case. The seller is not authorized to pledge the goods falling under its reservation of ownership or to encumber them in any other way. The seller undertakes to insure and keep insured the goods delivered under reservation of ownership against fire, explosion and water damage as well as theft and to show the policy on first request. If goods have not yet been delivered, but the agreed prepayment or price has not been paid in accordance with the agreement, the seller has the right of retention. The goods will then not be delivered until the buyer has paid in full and in accordance with the agreement. In case of liquidation, insolvency or suspension of payments by the buyer, the buyer’s obligations are immediately due and payable.

Article 14 – Liability
Any liability for damages arising from or related to the execution of an agreement is always limited to the amount paid out in the relevant case by the concluded liability insurance(s). This amount is increased by the amount of the deductible according to the relevant policy. Seller’s liability for damages resulting from intent or conscious recklessness of the seller or its supervisory employees is not excluded.

Article 15 – Obligation to Complain
The buyer is obliged to report complaints about the work performed immediately, but in any case no later than 10 working days after delivery, to the seller via the contact form. The complaint contains as detailed a description as possible of the shortcoming so that the seller can respond adequately. If a complaint is justified, the seller is obliged to rectify the defect and possibly replace the goods.

Article 16 – Guarantees
If guarantees are included in the agreement, the following applies. The seller guarantees that the sold goods comply with the agreement, that they will function without defects and that they are suitable for the use that the buyer intends to make of them. This warranty applies for a period of one month after receipt of the goods by the buyer. The warranty is intended to establish such a risk distribution between the seller and the buyer that the consequences of a breach of a warranty always fully fall on the account and risk of the seller and that the seller can never rely on Article 6:75 of the Civil Code with regard to a breach of a warranty. The provisions of the previous sentence also apply if the breach was known to the buyer or could have been known through investigation. The warranty mentioned does not apply if the defect has arisen as a result of improper or unauthorized use or if – without permission – the buyer or third parties have made or attempted to make changes or have used the purchased goods for purposes for which they are not intended. If the warranty provided by the seller relates to goods produced by a third party, the warranty is limited to the warranty provided by that producer.

Article 17 – Amendment of General Terms and Conditions
QT Paws VOF is entitled to amend or supplement these general terms and conditions. Changes of minor importance can be made at any time. QT Paws VOF will discuss major substantive changes with the buyer as much as possible in advance. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.

Article 18 – Applicable Law and Competent Court
Dutch law applies exclusively to every agreement between the parties. The Dutch court in the district where QT Paws VOF is established has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise. The applicability of the Vienna Sales Convention is excluded. If one or more provisions of these general terms and conditions are considered unreasonably onerous in a judicial proceeding, the other provisions will remain in full force.