Art. 1 Scope of application of general terms and conditions
These general terms and conditions of sale apply only if the customer is a natural person who has concluded this agreement for purposes not related to his professional activity. They are an integral part of the agreement, to the exclusion of the customer’s own terms and conditions. Deviations from our terms and conditions must be made expressly and in writing.
Art. 2. Destination of animals
The animals being sold are intended as companion animals. If there are specific requirements for the animal, they must be communicated prior to the conclusion of the contract. Seller’s acceptance of these specific requirements may only be evidenced by an agreement entered into separately for this purpose.
Art. 3 Application of the legal guarantee
3.1 The buyer can always invoke the provisions of article 1649 bis of the Dutch Civil Code, which provide for a guarantee when purchasing consumer goods. Specifically, this regulation means that the seller is liable for defects that are present at the time of delivery and that manifest themselves within a period of two years from delivery. Diseases or other defects caused by intent, negligence, by improper treatment by the buyer or a third party, as well as poor nutrition or abnormal care or treatment by the buyer or a third party are not defects present at the time of delivery and therefore cannot lead to the liability of the seller.
3.2 If the defect manifests itself during the first six months, counting from delivery, the presumption applies that the defect was already present at the time of delivery. However, this presumption is rebuttable. The seller can prove that the defect was not yet present at the time of delivery or only arose later or that the presumption is incompatible with the nature of the defect (e.g. disease with an incubation period shorter than the period elapsed since delivery). After the expiration of the six-month period, in addition to proving the existence of a defect, it is up to the buyer to prove that the defect was already present when the animal was delivered.
3.3 The buyer’s ability to invoke the statutory warranty under the Dutch Civil Code and to hold the seller liable under this warranty shall lapse if the buyer fails to notify the seller of the defect within a period of two months after the buyer has, or should have, identified the defect. In addition, the buyer is subject to a loss mitigation obligation. This means that the buyer who observes a defect (e.g. illness) is obliged to inform the seller immediately or to consult a veterinarian if non-immediate contact could aggravate the damage (particularly in the case of life-threatening illnesses). The seller shall not be liable for any damage resulting from late notification to the seller or veterinarian of defects or diseases of the animal.
3.4 If the seller is liable, the buyer will be able to rely on the legal warranty against the seller for free repair (cure) or free replacement of the animal (at the buyer’s option). Only if repair and replacement are not possible (e.g. death of the animal) or cannot be performed within a reasonable time or without serious inconvenience, the buyer may request rescission (refund provided the animal is returned) or an appropriate price reduction.
3.5 Free recovery under the legal guarantee implies that the seller vouches for the cure of the animal and therefore requires that the animal be delivered to the seller or a veterinarian designated by the seller. Free restoration is not possible if the cost of restoration is disproportionate to the cost of replacing the animal, as well as if requiring restoration, rather than replacement, could be considered an abuse of rights in view of its high cost.
3.6 If, on the basis of the guarantee certificate, the purchaser opts to choose his own veterinarian for the purpose of restoring the animal, the seller of the animal shall only be liable for reimbursement of the veterinary costs that were necessary to cure the animal and that he himself would also have had to incur for the purpose of restoring it free of charge.
In addition, compensation amounts are payable only to the extent that they are not disproportionate to the cost of replacing the animal and claiming the amounts in question does not constitute an abuse of law
Art. 4 The guarantee certificate in accordance with Art 30. From the RD of April 27, 2007
This warranty certificate is in addition to these general terms and conditions of sale.
Art. 5 Applicable law
This Agreement shall be governed by Belgian law. All disputes arising out of or in connection with the present agreement shall be subject to the exclusive jurisdiction of the Courts of the judicial district of Antwerp, Belgium.