General Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Additional contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are delivered by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuous contract: a contract aimed at the regular supply of goods, services and/or digital content over a certain period;
Durable data carrier: any tool - including email - that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
Right of withdrawal: the consumer's option to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services remotely to consumers;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for the remote sale of products, digital content and/or services, whereby up to and including the conclusion of the contract, one or more means of remote communication are used exclusively or partly;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order;
Technology for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur having to be present in the same place at the same time.

Article 2 - Identity of the entrepreneur

Riverwood International BV, part of JP Brandstores BV
Saffierborch 16
5241 LN Rosmalen

Phone number: 0735220873
Email address: info@riverwoodpetfood.com

Monday to Friday from 9:00 AM to 5:00 PM

Chamber of Commerce number: 17272910
VAT number: NL821755936B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible upon the consumer’s request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting terms.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are connected to the acceptance of the offer.

Article 5 - The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
Within legal frameworks, the entrepreneur may inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur shall provide the following information to the consumer no later than upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the visiting address of the entrepreneur's establishment where the consumer can go with complaints.
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
the information about warranties and existing service after purchase;
the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

The consumer can cancel an agreement regarding the purchase of a product within a reflection period of 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but may not require the consumer to provide it.
The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party previously designated by the consumer who is not the carrier, has received the product, or:

if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided he has clearly informed the consumer of this prior to the ordering process.
if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
for agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

Article 7 - Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for any reduction in the value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and its costs

If the consumer exercises his right of withdrawal, he notifies the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period in any case if he returns the product before the reflection period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.
If the consumer withdraws after expressly requesting that the performance of the service or the supply of gas, water, or electricity that is not made ready for sale in a limited volume or quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportional to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
The consumer bears no costs for the performance of services or the supply of water, gas, or electricity that are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form; or
the consumer has not expressly requested the start of the performance of the service or the supply of gas, water, electricity, or district heating during the reflection period.

8. The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

he has not expressly agreed prior to delivery to the commencement of performance of the contract before the end of the reflection period;
he has not acknowledged losing his right of withdrawal by giving his consent; or
the entrepreneur has failed to confirm this declaration from the consumer.

9. If the consumer exercises their right of withdrawal, all additional agreements are automatically dissolved;

Article 9 - Obligations of the entrepreneur upon withdrawal;

If the entrepreneur enables the consumer to notify the withdrawal electronically, they will send a confirmation of receipt immediately after receiving this notification;
The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or the consumer has demonstrated that they have returned the product, whichever occurs first;
The entrepreneur uses the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer;
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method;

Article 10 - Exclusion of the right of withdrawal;

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this at the offer, at least in time before concluding the agreement;

Products or services whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is understood as a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
Service agreements, after full performance of the service, but only if:

the execution has started with the express prior consent of the consumer; and
the consumer has declared that they lose their right of withdrawal as soon as the entrepreneur has fully performed the agreement;

Service agreements for the provision of accommodation, if a specific date or period of performance is specified in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
Agreements relating to leisure activities, if a specific date or period for their performance is provided in the agreement;
Products manufactured according to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery due to their nature;
Alcoholic beverages whose price was agreed upon when concluding the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
Newspapers, magazines, or periodicals, except for subscriptions to these;
The delivery of digital content other than on a tangible medium, but only if:

the execution has started with the express prior consent of the consumer; and
the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are indicative prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:

these are the result of legal regulations or provisions; or
the consumer has the right to terminate the agreement from the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 - Performance of the agreement and additional warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations in effect on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
An additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer never limits the statutory rights and claims the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
An additional warranty means any commitment by the entrepreneur, its supplier, importer, or manufacturer granting the consumer certain rights or claims that go beyond what is legally required in case of failure to fulfill their part of the agreement.

Article 13 - Delivery and execution

The entrepreneur shall exercise the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery shall be the address the consumer has communicated to the entrepreneur.
Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or only partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
After termination in accordance with the previous paragraph, the entrepreneur shall promptly refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Long-term transactions: duration, termination, and renewal

Termination:

The consumer may terminate an agreement entered into for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed term for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:

terminate at any time and not be limited to termination at a specific time or during a specific period;
at least terminate in the same manner as they were entered into by the entrepreneur;
always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

An agreement entered into for a fixed term for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, an agreement entered into for a fixed term for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed term for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is at most three months if the agreement concerns the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and automatically ends after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received confirmation of the agreement.
In the sale of products to consumers, the consumer may never be required in general terms and conditions to prepay more than 50%. When prepayment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed prepayment has been made.
The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
If the consumer does not meet their payment obligation(s) on time, after being notified by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days, starting the day after receipt of the reminder, to still fulfill their payment obligations, after failure to pay within this 14-day period, statutory interest will be charged on the outstanding amount, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. 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 following €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages to the consumer’s benefit.

Article 16 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
A complaint about a product, service, or the entrepreneur’s service can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint is then sent to both the relevant entrepreneur and Thuiswinkel.org.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 - Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
Disputes between the consumer and the entrepreneur regarding the formation or execution of agreements concerning products and services to be delivered or delivered by this entrepreneur may, subject to the provisions below, be submitted by both the consumer and the entrepreneur to the Home Shopping Disputes Committee, P.O. Box 90600, 2509 LP The Hague (www.sgc.nl).
A dispute will only be taken up by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
If the complaint does not lead to a solution, the dispute must be submitted in writing or in another form determined by the Committee to the Disputes Committee no later than 12 months after the date the consumer filed the complaint with the entrepreneur.
When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer first informs the entrepreneur.
When the entrepreneur wants to submit a dispute to the Disputes Committee, the consumer must, within five weeks after a written request by the entrepreneur, declare in writing whether they also wish to do so or want the dispute to be handled by the competent court. If the entrepreneur does not receive the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee issues rulings under the conditions established in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.
The Disputes Committee will not handle or will cease handling a dispute if the entrepreneur has been granted a suspension of payments, has been declared bankrupt, or has effectively ceased business activities before a dispute has been handled by the committee at a hearing and a final decision has been made.
If, besides the Home Shopping Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Home Shopping Disputes Committee shall preferably be competent for disputes mainly concerning the method of remote sales or services. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid shall be competent.

Article 18 - Industry Guarantee

Thuiswinkel.org guarantees compliance with the binding advice of the Thuiswinkel Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months after its dispatch. This guarantee is revived if the binding advice is upheld after court review and the judgment confirming this has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by Thuiswinkel.org. For amounts exceeding €10,000 per binding advice, €10,000 will be paid out. For the remainder, Thuiswinkel.org has an obligation to make efforts to ensure that the member complies with the binding advice.
For the application of this guarantee, it is required that the consumer makes a written claim to Thuiswinkel.org and transfers his claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer is offered to transfer the part of the claim exceeding €10,000 to Thuiswinkel.org, after which this organization will request payment in court in its own name and at its own expense to satisfy the consumer.

Article 19 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 20 - Amendment of the Thuiswinkel General Terms and Conditions

Changes to these terms and conditions only take effect after they have been published in an appropriate manner, provided that in the case of applicable changes during the term of an offer, the provision most favorable to the consumer shall prevail.

Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
P.O. Box 7001, 6710 CB Ede

Annex I: Model withdrawal form

(only fill in and return this form if you wish to withdraw from the agreement)

To: Riverwood International BV

Saffierborch 16

5241 LN Rosmalen

E-mail: info@riverwoodpetfood.com

- I/We* hereby inform you that I/we* withdraw our agreement concerning

the sale of the following products: [product description]*

the delivery of the following digital content: [digital content description]*

the performance of the following service: [service description]*,

withdraws/withdrawn*

- Ordered on*/received on* [order date for services or receipt date for products]

- [Naam consumenten(en)]

- [Adres consument(en)]

- [Consumer signature(s)] (only when this form is submitted on paper)

* Cross out what does not apply or fill in what applies.