General Terms and Conditions The general terms and conditions of Active Animals are filed under number 14132347 with the Chamber of Commerce in Maastricht. 1. Applicability of conditions These general terms and conditions apply to all offers from and orders placed with Active Animals and agreements concluded between Active Animals and you. Deviations from the provisions of these conditions are only possible after written notice or written approval by Active Animals, in which case the other provisions remain in full force.
The applicability of any General (Purchasing) Terms and Conditions of the purchaser are hereby explicitly excluded. The customer cannot derive any rights for future transactions from any deviating conditions agreed upon in previous orders. 2. Quotations All quotations from Active Animals are without obligation and are valid for thirty days after the date of issue. An agreement is deemed to have been concluded when Active Animals has accepted or confirmed the order or assignment, or when Active Animals has actually commenced shipment of the goods to be delivered. Images, drawings, samples, weight specifications, (technical) specifications and other data provided by Active Animals with or after the quotation, whether or not included in advertisements, price lists and website, are approximate. Data derived from these are only binding if expressly agreed upon. In the event of a discrepancy between the request, order or assignment of the purchaser and the written order confirmation from Active Animals, only the latter – order confirmation – is binding. If the purchaser objects to this in a specific case, the purchaser must notify Active Animals in writing before actual delivery, but in any case within 24 hours.
3. Prices All Active Animals offers are expressed in euros, including sales tax (VAT). All prices are ex-location Bocholtzerweg 14B in Simpelveld and exclude freight, insurance, and packaging costs, unless expressly agreed otherwise. All prices are subject to change. Changes in prices will not affect current orders, unless price changes result from legal requirements, such as an increase in VAT. Active Animals is not bound by its offer if there is a typographical error on its website or advertisement that could inadvertently result in an incorrect sales price being communicated.
4. Order/Agreement If you request a quote via our form at www.activeanimals.nl, you must complete the form completely and truthfully. We will then respond with a written/electronic quote, including a copy of the General Terms and Conditions. If you accept Active Animals' offer, please email the signed agreement to info@activeanimals.nl or send the signed copy by mail or fax. At that time, you also agree to our General Terms and Conditions. An agreement is deemed concluded when Active Animals has accepted or confirmed the order. Active Animals reserves the right to refuse orders or impose certain conditions on delivery. If an order is not accepted, Active Animals will notify you within four business days of receipt of the order. Verbal and telephone orders for items in stock will be delivered as agreed (without confirmation). For items ordered verbally or by telephone that are not available from stock, an order confirmation will be sent within five business days.
5. Payments and Retention of Title Products purchased at our location at Bocholtzerweg 14 B in Simpelveld or online via our webshop www.activeanimals.nl that are in stock must be paid for in cash, by debit card, iDEAL, or by credit card/MasterCard. If no payment by cash, debit card, iDEAL, or credit card/MasterCard has been agreed upon, the amount due must be paid by Active Animals within fourteen days of delivery, unless otherwise agreed in writing. For orders or assignments concluded through www.activeanimals.nl, the delivery time commences upon receipt of payment by Active Animals. If you choose to collect the order from our business location and no payment has yet been made, the amount must be paid in cash.
If Active Animals delivers the order, it will be delivered cash on delivery, and the amount plus shipping costs must be paid upon delivery. All delivered items remain the property of Active Animals until the entire order of which the item(s) were part has been paid. Failure to meet the payment terms will result in non-delivery or the material will be returned. If items are returned, the buyer is liable for any depreciation. Active Animals is entitled to offset these depreciation against any existing credit balances held by Active Animals or to claim these from the buyer. The risk associated with the goods passes to you upon delivery. 6. Late payment unless otherwise agreed
You are in default once the agreed payment date has passed. Active Animals will send you a payment reminder once after that date and will give you the opportunity to pay within 8 days of receiving this reminder.
If payment remains outstanding after the payment reminder has expired, judicial or extrajudicial collection may be initiated. You will be responsible for any reasonable costs incurred for this, provided that the extrajudicial costs amount to at least 15% of the principal amount, with a minimum of €50.00 excluding VAT. If and to the extent that a mandatory statutory provision establishes the maximum amount for extrajudicial collection costs, the extrajudicial costs will apply in accordance with those provisions to the extent that the aforementioned percentage and minimum exceed the statutory limit. Active Animals is also entitled to charge interest from the expiry of the agreed payment date. This interest is set at 1.5% per month or part thereof. 7. Delivery Time
If you've chosen to have your order shipped, we aim to dispatch it within one to three business days. If this isn't possible due to out-of-stock items, Active Animals will notify you by email.
For shipments within the Netherlands, the total weight (including packaging) of the package must be less than 10 kg. For shipments to Belgium or Germany, the total weight (including packaging) of the package must be less than 5 kg. Shipping costs are also shown at checkout. If the package weighs more than 10 kg or is a filled product, only on-site pickup is available.
NB: Frozen products are not shipped.
If you've chosen to collect your order from us, the delivery time will depend on your chosen delivery option. Unless otherwise agreed, the delivery time may vary.
The aforementioned term is not a strict deadline. Only if a strict delivery term has been explicitly agreed upon in writing for each specific order or assignment, if Active Animals fails to deliver within this strict delivery term, you may cancel the purchase free of charge by written notice. This does not, however, entitle you to any compensation. The aforementioned right of cancellation does not apply if you fail to comply with the payment terms stated in Article 5. You must collect ordered goods within eight days of receiving the notice from Active Animals. If you fail to do so, you will be responsible for any reasonable costs incurred by Active Animals for the late collection. If delivery has been agreed upon, the goods will be delivered within the agreed delivery time and to the specified address. Unloading will take place at the front door, unless otherwise agreed. If ordered goods prove to be unavailable, Active Animals will consult with you about the possible provision of replacement goods. If you do not agree to a replacement product, you have the right, regardless of other statutory rights, to terminate the agreement without incurring any costs. However, in such a case, you will not be entitled to any compensation. If the delivery time of goods manufactured or custom-made at your request is delayed through no fault of Active Animals, for example, because items ordered for the execution of the agreement are not delivered on time, the delivery time will be extended, as necessary, by a maximum of one month.
8. Returns/Exchanges You have the right to return or exchange goods within fourteen days of delivery. This right does not apply to frozen meat for hygiene reasons. The start date of this period is the day after the sale or the day of delivery, unless otherwise agreed in writing. Returns will only be accepted if they are undamaged, in their original packaging, and accompanied by the original receipt. The goods must be in the same condition as at the time of purchase and must not be used. If you have made an advance payment, a refund will be issued as soon as possible, but no later than fourteen days after exercising your right of return.
Goods manufactured, mixed, processed, or customized at your request are excluded from the right of return and are not subject to a right of withdrawal (cancellation). Goods ordered at your specific request are also excluded from the right of return. If the right of return does not entail a refund of the purchase price but rather the delivery of a replacement item or a credit note, Active Animals will state this in the offer.
9. Non-attributable failure (force majeure) Active Animals is not obliged to fulfil its obligations to the customer if it is prevented from doing so by force majeure. It has the right to suspend the execution of your order or to terminate the agreement without judicial intervention. Active Animals will notify you of this in writing and is not obliged to pay any compensation in the event of force majeure, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness. Force majeure is understood to mean any situation or failure that cannot be attributed to Active Animals, because it is not its fault and not legally binding. Force majeure also includes: - business disruption or business interruption of any nature whatsoever, insofar as this disruption or interruption arises as a result of circumstances that cannot reasonably be attributed to Active Animals; - delayed or late delivery by suppliers of Active Animals; - transport obstacles of any nature whatsoever, which hinder or obstruct transport to or from the location of Active Animals, insofar as these difficulties or obstructions cannot be attributed to the supplier according to common views; - as well as circumstances such as war, threat of war, earthquake, fire, water damage, flooding, strikes, occupation of a factory, government measures, disruptions to the energy supply.
10. Complaints Complaints regarding the performance of the agreement must be submitted fully and clearly in writing (preferably electronically) to Active Animals (preferably via info@activeanimals.nl) as soon as reasonably possible, but no later than eight days after receipt of the goods. Failure to submit the complaint on time may result in you losing your rights in this regard. Insofar as a complaint regarding the specifications of a delivered good is justified, Active Animals will, at its own discretion, repair the delivered good or replace it with another, similar item.
11. Applicable Law and Jurisdiction All quotations issued by or with Active Animals and all agreements concluded, as well as any subsequent agreements concluded in implementation thereof, are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.
Any disputes arising from or related to the aforementioned agreements shall be settled exclusively by the competent court in Maastricht, without prejudice to the jurisdiction of another court regarding provisional, conservatory or enforcement measures.
12. Deviations Active Animals guarantees that the delivered items are sound and meet the specifications stated in the offer. Any slight color differences compared to the photos shown are an exception. Since most products are natural products, deviations are always possible. We work with wood, which is a natural product. It may contain knots and/or other irregularities. We are not responsible for these, and you cannot make any claims for them. Furthermore, the stated sizes are approximate and may vary slightly, and you cannot subsequently claim any damages. Active Animals is not liable for deviations that are generally accepted in the industry under which the item in question falls, or for minor, technically unavoidable deviations in color, dimensions, volume, thickness, weight, etc., unless specifications have been expressly agreed upon with you. In that case, the tolerance margin customary for the specific product applies. 13. Miscellaneous Active Animals is authorized to use third parties in the execution of the order(s).
The purchaser is not permitted to offset any claim which he may have against Active Animals for whatever reason against any claim that Active Animals has against the purchaser.
Despite the great care with which our company compiles its publications, they are always subject to (printing) errors. This also applies to any errors in the published information and/or prices. Obvious errors and mistakes on our website are not binding on us.
14. Warranty and Damages All products sold are covered by the standard manufacturer's warranty. This applies to any defects and manufacturing errors. You are entitled to free replacement of defective parts within a reasonable period. Shipping and delivery costs are always the responsibility of the purchaser. The costs of repairs not covered by the warranty and the associated shipping and delivery costs are your responsibility, unless otherwise agreed in writing. For goods manufactured or custom-made at your request, Active Animals guarantees the absence of defects that become apparent after delivery for a period of two years. You are entitled to free replacement of defective parts within a reasonable period. Defective parts must be returned as agreed, after which the defect will be assessed and, if necessary, new parts will be sent. Replacement of parts will only take place at the business location, Bocholtzerweg 14B in Simpelveld. Active Animals is not liable for any defects or damage that arise after delivery of the goods due to normal wear and tear, improper care, or improper handling of the delivered goods, or resulting from modifications made to the delivered goods by you or third parties. Nor is Active Animals liable for any damage resulting from these defects.
The direct damages for which Active Animals is liable in any such cases will never exceed the purchase price of the goods in question. Under no circumstances will Active Animals be liable for indirect and/or consequential damages and/or losses, unless caused by gross negligence and/or intent on the part of Active Animals.
When making a warranty claim, you must present proof of purchase.
15. Copyright: Copying, publishing, reproducing, or otherwise using texts and/or images without written permission is prohibited. In the event of violation, Active Animals will take legal action. All rights reserved by Active Animals.
16. Provisions from these General Terms and Conditions
If and to the extent any provision of these Terms and Conditions is declared inapplicable, all other provisions remain in full force. The parties agree that the provision(s) declared inapplicable will then be replaced by provision(s) with a similar meaning that does meet the requirements.