Terms of Service
Terms and Service
This website is operated by Ava's Pet Shop. Throughout the site, the terms “we”, “us”, and “our” refer to Ava's Pet Shop. Ava's Pet Shop offers this website, including all information, tools, and services available on the site, to you, the user, on the condition that you agree to all the terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Conditions”), including any additional terms and policies referenced herein and/or made available via a hyperlink. These Terms of Service apply to all site users, including but not limited to browsers, vendors, customers, sellers, and/or content contributors. Please read these Terms of Service carefully before you access or use our website. By opening or using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree with all the terms of this agreement, you may not visit the website or use the services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store will also be subject to the Terms of Service. You can view the most recent version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes signifies acceptance of those changes. Our store is hosted on Shopify Inc., which provides us with the e-commerce platform that allows us to sell our products and services to you.
Article 1 – Definitions
In these conditions, the following definitions apply:
• Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
• Consumer: the natural person acting outside of their profession or business and entering into a distance contract with the entrepreneur;
• Day: calendar day;
• Duration transaction: a distance contract concerning a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time;
• Durable data carrier: any medium that enables the consumer or entrepreneur to store information addressed to them in a way that allows future consultation and unchanged reproduction of the stored information;
• Right of withdrawal: the consumer’s ability to cancel the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
• Distance contract: a contract in which, within the context of a system organized by the entrepreneur for the sale of products and/or services at a distance, only remote communication techniques are used up to and including the conclusion of the contract;
• Remote communication technique: a means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time;
• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Email address: customerservice@avaspetshop.com
Company name: Ava's Pet Shop
Chamber of Commerce: 95340521
VAT: 867093225B01
Article 3 – Applicability
These General Terms and Conditions apply to every offer made by the entrepreneur and every concluded distance contract and order between entrepreneur and 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, it will be indicated before the distance contract is concluded that the General Terms and Conditions are available for review with the entrepreneur and will be sent to the consumer free of charge upon request as soon as possible. If the distance contract is concluded electronically, the text of these General Terms and Conditions may, in deviation from the previous paragraph, 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, it will be indicated before the distance contract is concluded where the General Terms and Conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request. In case these General Terms and Conditions are supplemented by specific product or service conditions, the second and third paragraphs of this article apply accordingly. If there are conflicting General Terms and Conditions, the consumer may always refer to the applicable provision that is most favorable to them. If one or more provisions of these General Terms and Conditions are partially or completely invalid or declared void, the agreement and these terms will remain in effect, and the invalid provision will be replaced by a provision that closely reflects the original intent. Situations not covered by these General Terms and Conditions will be assessed in light of the spirit of these terms. Ambiguities in the interpretation or content of one or more provisions of our terms will be explained in the spirit of these General Terms and Conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, they represent a truthful depiction of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and details in the offer are indicative and cannot be grounds for claims or contract termination. Product images are a truthful representation of the offered products. The entrepreneur cannot guarantee that the colors shown match the actual product colors. Every offer contains sufficient information to make it clear to the consumer what the rights and obligations are upon acceptance of the offer. This includes, in particular, the price (excluding customs and import VAT), which additional costs apply, and the method of forming the contract.
Article 5 – The Agreement
The agreement is concluded at the moment the consumer accepts the offer and complies with any stated conditions. If the consumer accepts the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically without delay. Until the entrepreneur confirms the acceptance, the consumer can cancel the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will implement suitable security measures. The entrepreneur may check whether the consumer can fulfill their payment obligations, as well as other facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse or apply special conditions to the order.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without providing a reason within 30 days. The cooling-off period starts the day after the consumer receives the product, or a representative designated by the consumer. During the cooling-off period, the consumer will handle the product and packaging with care. The product should only be unpacked or used as necessary to assess whether the consumer wishes to keep it. If the consumer wishes to exercise the right of withdrawal, the product must be returned to the entrepreneur in the original condition and packaging, including all accessories, and in accordance with the provided instructions. The consumer must inform the entrepreneur within 30 days of receiving the product that they wish to exercise their right of withdrawal. After notifying the entrepreneur, the product must be returned within 30 days. The consumer must provide proof of return, such as a shipping receipt. If the consumer has not notified their intention to exercise the right of withdrawal within the specified period or has not returned the product, the purchase is considered final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the return shipping costs are the consumer’s responsibility. If the consumer has made a payment, the entrepreneur will refund the amount as soon as possible, but no later than 30 days after the withdrawal, provided the product has been received or proof of its return is provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for certain products, as outlined in paragraphs 2 and 3. Exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least before the contract is concluded. The right of withdrawal may be excluded for products:
• Custom-made to the consumer’s specifications;
• Clearly personal in nature;
• Which cannot be returned due to their nature;
• Which deteriorate quickly or have an expiry date;
• Whose price is subject to fluctuations in the financial market outside the entrepreneur’s control;
• Loose newspapers and magazines;
• Audio or video recordings and computer software if the consumer has broken the seal;
• Hygiene products if the consumer has broken the seal.
Exclusion of the right of withdrawal is also possible for services:
• Related to accommodation, transport, catering, or leisure activities on a specific date or within a certain period;
• Where delivery begins with the express consent of the consumer before the cooling-off period has expired;
• Related to betting and lotteries.
Article 9 - Price
During the validity period specified 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. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if they are subject to fluctuations in the financial market and the entrepreneur has no control over them. This dependency on fluctuations and the fact that any listed prices are indicative will be 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 after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
1. They are the result of legal regulations or provisions; or
2. The consumer has the right to terminate the agreement as of the day the price increase takes effect.
The place of delivery, based on Article 5, paragraph 1, of the Dutch VAT Act 1968, is the country where the transport begins. In this case, delivery takes place outside the EU. Consequently, the post or courier service will collect import VAT and/or customs clearance costs from the buyer. Therefore, no VAT will be charged by the entrepreneur. All prices are subject to printing and typing errors. The entrepreneur accepts no liability for the consequences of printing or typing errors. In case of such errors, the entrepreneur is not obligated to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations in force at the time the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can exercise under the agreement. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days after delivery. Returned products must be sent in their original packaging and in new condition. The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if:
1. The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
2. The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
3. The defect is entirely or partly the result of government regulations regarding the nature or quality of the materials used.
Article 11 - Delivery and Performance
The entrepreneur will exercise the utmost care when accepting and performing orders for products. Subject to the provisions in Article 4 of these terms and conditions, the entrepreneur will fulfill accepted orders with due haste but no later than 30 days, unless the consumer agrees to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially fulfilled, the consumer will be notified within 30 days of placing the order. In this case, the consumer has the right to terminate the agreement at no cost and is entitled to any damages. If the agreement is terminated according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the termination. If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement product. At the latest upon delivery, it will be clearly communicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a designated representative, unless otherwise agreed.
Article 12 - Duration Transactions: Duration, Cancellation, and Extension
Cancellation
The consumer may cancel an agreement concluded for an indefinite period that involves 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 cancel an agreement concluded for a fixed term that involves 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 cancel the agreements mentioned in the previous sections:
1. At any time, without being limited to cancellation at a specific time or during a particular period;
2. At least in the same manner as they were concluded by the consumer;
3. At any time, with the same notice period as the entrepreneur has agreed to for themselves.
Extension
An agreement concluded for a fixed period that involves the regular delivery of products (including electricity) or services may not be extended or renewed tacitly for a fixed period. Notwithstanding the previous paragraph, an agreement concluded for a fixed period that involves the regular delivery of daily, weekly, or monthly publications (e.g., newspapers, magazines) may be extended tacitly for a period of no more than three months, provided the consumer can cancel the extended agreement before the end of the extension with a notice period of no more than one month. An agreement concluded for a fixed period that involves the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer may cancel it at any time with a notice period of no more than one month, and a notice period of no more than three months applies if the agreement involves the regular delivery of daily, weekly, or monthly publications. A limited-duration agreement for the regular delivery of daily, weekly, or monthly publications for trial or introduction purposes will not continue tacitly and will automatically end after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may cancel it at any time after one year with a notice period of no more than one month, unless fairness and reasonableness prevent cancellation before the agreed end date.
Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 days after the start of the cooling-off period as described in Article 6, paragraph 1. In the case of an agreement for services, this period starts after the consumer receives confirmation of the agreement. The consumer is obliged to report any inaccuracies in the provided or stated payment details to the entrepreneur without delay. In the event of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs previously communicated to the consumer.
Article 14 - Complaints Procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer identifies the defects, in full and clearly described. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires 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. If the complaint cannot be resolved by mutual agreement, a dispute will arise, which is subject to the dispute resolution procedure. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur explicitly states otherwise. If a complaint is upheld by the entrepreneur, they will choose to either replace or repair the delivered products at no cost.
Article 15 - Disputes
Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these terms and conditions apply, even if the consumer resides abroad.
Article 16 - Contact Information
Questions about the Terms and Conditions can be sent to us via customerservice@avaspetshop.com.