Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Supplementary contract: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Subscription contract: an agreement that provides for the regular supply of goods, services and/or digital content for a specified period;
Durable medium: any tool—including email—that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation or use for a period suited to the purpose for which the information is intended, and that permits the unchanged reproduction of the stored information;
Right of withdrawal: the consumer’s option to withdraw from the distance contract during the cooling-off period;
Trader: the natural person or legal entity that is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services remotely to consumers;
Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby exclusive or joint use is made of one or more means of distance communication up to and including the conclusion of the agreement;
Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions; Annex I does not have to be provided if the consumer has no right of withdrawal in relation to their order;
Means of communication at a distance: means that can be used to conclude a contract without the consumer and trader having to meet in the same room at the same time.

Article 2 - Identity of the trader

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

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

Monday to Friday from 09:00 to 17:00

Chamber of Commerce number: 17272910
VAT number: NL821755936B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract concluded between the trader 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, before the distance contract is concluded, the trader will indicate how the general terms and conditions can be inspected at the trader's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that, at the consumer's request, they will be sent free of charge electronically or by other means.
If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

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 products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, they must be a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the trader.
Each offer contains information sufficient to make clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 - The contract

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions stipulated for it.
If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically. Until the trader has confirmed receipt of this acceptance, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.
Within the limits of the law, the trader may ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the trader has good grounds not to enter into the contract, the trader is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
No later than upon delivery of the product, service or digital content to the consumer, the trader shall provide the following information in writing or in such a way that the consumer can store it accessibly on a durable medium:

the visiting address of the trader’s establishment where the consumer can submit complaints.
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
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 contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a contract for regular delivery, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

The consumer may cancel a contract relating to the purchase of a product during a cooling-off period of 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not require them to state their reason(s).
The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The trader may refuse an order for several products with different delivery times, provided that they have clearly informed the consumer of this in advance of the ordering process.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
for contracts involving the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, received the first product.

Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
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 under paragraph 1.
The consumer is not liable for any reduction in the value of the product if the trader has not provided them, before or at the conclusion of the contract, with all legally required information about the right of withdrawal.

Article 8 – Exercising the right of withdrawal by the consumer and the costs thereof

If the consumer exercises their right of withdrawal, they shall notify the trader within the cooling-off period by using the model withdrawal form or by any other unequivocal means.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the trader (or an authorized representative of the trader). This is not required if the trader has offered to collect the product themselves. The consumer has in any event observed the return period if they return the product before the cooling-off period has expired.
The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal shall lie with the consumer.
The consumer shall bear the direct costs of returning the product. If the trader has not informed the consumer that they must bear these costs, or if the trader states that they will bear the costs themselves, the consumer shall not have to bear the return costs.
If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity that is not prepared for sale in a limited volume or specified quantity commence during the cooling-off period, the consumer shall owe the trader an amount proportionate to the part of the obligation performed by the trader at the time of withdrawal, compared with full performance of the obligation.
The consumer shall bear no costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:

the trader has not provided the consumer with the legally required information about the right of withdrawal, reimbursement of costs upon withdrawal or the model withdrawal form; or
the consumer has not expressly requested that performance of the service or the supply of gas, water, electricity or district heating commence during the cooling-off period.

8. The consumer shall bear no costs for the complete 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 agreement before the cooling-off period has ended;
he has not acknowledged that he loses his right of withdrawal upon giving his consent; or
the trader has failed to confirm this statement by the consumer.

9. If the consumer exercises their right of withdrawal, all supplementary contracts shall be automatically terminated by operation of law.

Article 9 - Trader's obligations upon withdrawal

If the trader enables the consumer to notify them of the withdrawal electronically, they shall immediately send an acknowledgement of receipt after receiving this notification.
The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and in any event within 14 days of the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product, they may wait to issue the refund until they have received the product or until the consumer demonstrates that they have returned the product, whichever occurs first.
The trader shall use the same payment method for the refund as the consumer used, unless the consumer agrees to another 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 trader does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this when making the offer, or at least in good time before concluding the contract:

Products or services whose price depends on fluctuations in the financial market over which the trader has no control and which may occur during the withdrawal period
Contracts concluded at a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
Service contracts, after the service has been fully performed, but only if:

performance has begun with the consumer’s express prior consent; and
the consumer has stated that they lose their right of withdrawal once the trader has fully performed the contract;

Service contracts for the provision of accommodation, if the contract specifies a certain date or period for performance and for purposes other than residential purposes, the carriage of goods, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period for their performance;
Products made to the consumer’s specifications, which are not prefabricated and are manufactured based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that deteriorate quickly or have a limited shelf life;
Sealed products that are unsuitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that, after delivery, by their nature become irreversibly mixed with other products;
Alcoholic beverages whose price was agreed upon when the agreement was concluded, but whose delivery can take place only after 30 days, and whose actual value depends on fluctuations in the market over which the business has no influence;
Sealed audio or video recordings and computer software, where the seal has been broken after delivery;
Newspapers, periodicals or magazines, except for subscriptions to them;
The supply of digital content other than on a tangible medium, but only if:

performance has begun with the consumer’s express prior consent; and
the consumer has declared that they thereby waive their right of withdrawal.

Article 11 – The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
By way of derogation from the previous paragraph, the business may offer products or services at variable prices when those prices are tied to fluctuations in the financial market over which the business has no influence. This link to fluctuations and the fact that any prices stated are indicative prices will be specified in the offer.
Price increases within 3 months after the agreement was concluded are permitted only if they result from statutory regulations or provisions.
Price increases from 3 months after the agreement was concluded are permitted only if the business has stipulated this and:

this is the result of statutory regulations or provisions; or
the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
The prices stated in the offer for products or services include VAT.

Article 12 – Performance of the agreement and additional guarantee

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

Article 13 – Delivery and performance

The business will exercise the utmost care when receiving and processing orders for products and when assessing applications for the provision of services.
The delivery address is the address that the consumer has provided to the business.
Subject to the provisions of Article 4 of these general terms and conditions, the business will process accepted orders as soon as reasonably possible and no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be 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 dissolve the agreement without charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the business will promptly refund the amount paid by the consumer.
The risk of damage to and/or loss of products rests with the business until the products are delivered to the consumer or to a representative designated in advance and made known to the business, unless expressly agreed otherwise.

Article 14 – Continuing transactions: duration, cancellation and renewal

Cancellation:

The consumer may cancel an agreement concluded for an indefinite period and intended for the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a definite period and providing for the regular delivery of products (including electricity) or services at any time effective at the end of the definite term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to 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;
always terminate with the same notice period as the business has stipulated for itself.

Renewal:

An agreement concluded for a definite period and providing for the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a definite period.
Contrary to the previous paragraph, an agreement concluded for a definite period and providing for the regular delivery of daily, news and weekly newspapers and magazines may be automatically renewed for a definite period of no more than three months, if the consumer may terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.
An agreement concluded for a definite period and providing for the regular delivery of products or services may be automatically renewed for an indefinite period only if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement provides for the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period.

Term:

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

Article 15 - Payment

Unless otherwise stipulated in the agreement or additional terms and conditions, amounts owed by the consumer must be paid within 14 days after the withdrawal period begins, or, if there is no withdrawal period, within 14 days after the agreement is concluded. In the case of an agreement for the provision of a service, this period begins on the day after the consumer receives confirmation of the agreement.
When selling products to consumers, the consumer may never be required by general terms and conditions to make an advance payment of more than 50%. If advance payment has been agreed, the consumer cannot assert any rights concerning the performance of the relevant order or service(s) until the agreed advance payment has been made.
The consumer is obliged to report any inaccuracies in the payment details provided or stated to the business without delay.
If the consumer fails to meet their payment obligation(s) on time, then, after the business has pointed out the late payment and granted the consumer a period of 14 days, beginning on the day after receipt of the demand for payment, to fulfill their payment obligations, if payment is not made within this 14-day period, they owe statutory interest on the outstanding amount and the business is entitled to charge the extrajudicial collection costs it has 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 business may deviate from these amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure

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

Article 17 – Disputes

Dutch law applies exclusively to agreements between the business and the consumer to which these general terms and conditions relate.
Disputes between the consumer and the business concerning the formation or performance of agreements relating to products and services to be supplied or supplied by this business may, subject to the provisions below, be submitted by either the consumer or the business to the Thuiswinkel Disputes Committee, Postbus 90600, 2509 LP The Hague (www.sgc.nl)
The Disputes Committee will consider a dispute only if the consumer has first submitted their complaint to the business within a reasonable period.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the business.
If the consumer wishes to submit a dispute to the Disputes Committee, the business is bound by this choice. The consumer should preferably notify the business of this first.
If the business wishes to submit a dispute to the Disputes Committee, the consumer must state in writing, within five weeks after receiving a written request to that effect from the business, whether they also wish to do so or whether they wish to have the dispute heard by the competent court. If the business does not receive the consumer’s choice within the five-week period, the business is entitled to submit the dispute to the competent court.
The Disputes Committee will issue its decision under the conditions set out in the regulations of the Disputes Committee. The decisions of the Disputes Committee are issued by way of a binding recommendation.
The Disputes Committee will not consider a dispute, or will discontinue its consideration, if the business has been granted a suspension of payments, has been declared bankrupt, or has effectively ceased its business activities before the committee has heard the dispute at a hearing and issued a final decision.
If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee or a disputes committee affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Thuiswinkel Disputes Committee will have preferential jurisdiction for disputes mainly concerning the method of sale or the provision of services at a distance. The other recognized disputes committee or disputes committee affiliated with SGC or Kifid will have jurisdiction over all other disputes.

Article 18 – Industry Guarantee

Thuiswinkel.org guarantees compliance by its members with the binding decisions of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding decision to the court for review within two months of its dispatch. This guarantee is reinstated if the binding decision remains in force after review by the court and the judgment confirming this has become final and conclusive. Thuiswinkel.org will pay the consumer up to a maximum of €10,000 per binding decision. For amounts exceeding €10,000 per binding decision, €10,000 will be paid. For the remainder, Thuiswinkel.org is under an obligation to make every effort to ensure that the member complies with the binding decision.
To invoke this guarantee, the consumer must submit a written claim to Thuiswinkel.org and assign their claim against the business to Thuiswinkel.org. If the claim against the business exceeds €10,000, the consumer will be offered the option of assigning the portion exceeding €10,000 to Thuiswinkel.org, after which this organisation will seek payment in court in its own name and at its own expense for the benefit of the consumer.

Article 19 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium.

Article 20 – Amendments to the Thuiswinkel General Terms and Conditions

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

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

Appendix I: Model withdrawal form

(only complete and return this form if you wish to revoke the agreement)

To: Riverwood International BV

Saffierborch 16

5241 LN Rosmalen

Email: info@riverwoodpetfood.com

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

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

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

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

revoke/revokes*

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

- [Naam consumenten(en)]

- [Adres consument(en)]

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

* Cross out anything that does not apply or complete anything that does apply.