General Terms and Conditions Doggyland
Dog School & Dog Day Care
Doggyland : Doggyland, established in Utrecht under Chamber of Commerce no. 81299788.
Customer: the person with whom Doggyland has entered into an agreement.
Parties: Doggyland and customer together.
Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Doggyland.
Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
All prices that doggyland uses are in euros, include VAT, travel costs and shipping costs, but exclude any other costs such as administration costs, levies and/or transport costs, unless expressly agreed otherwise.
Doggyland may change all prices on the website or otherwise made known for both services and products at any time.
The consumer has the right to dissolve an agreement, as a result of a price increase as referred to in paragraph 2. Unless this increase is the result of a statutory regulation.
The price with regard to services is determined by Doggyland on the actual hours spent.
The price is calculated according to the usual hourly rates of Doggyland, applicable for the period in which the work was performed. Unless a different hourly rate has been established in writing.
Doggyland is allowed at all times to deviate 10% from the target price.
If the price is higher than 10%, Doggyland will justify the change.
If the price is more than 10% higher, the customer is entitled to cancel the order.
Doggyland reserves the right to adjust prices annually.
Doggyland will communicate this to the customer prior to the price adjustments.
The consumer has the right to cancel the agreement with Doggyland if he does not agree with the price increase. Unless the customer is bound by a subscription.
Payment term and payments
Doggyland may require 50% of the amount as a down payment in an agreement.
The customer must make payments within 14 days after delivery of the product.
Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without Doggyland having to send the customer a reminder or notice of default.
Doggyland reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.
Consequences of not paying on time
If the customer does not pay within the agreed term, Doggyland is entitled to charge the statutory interest of 2% per month for non-trade transactions from the day the customer is in default.
If the customer is in default, he also owes extrajudicial collection costs and any compensation to Doggyland.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Doggyland may refuse to deliver the services and products until the payment obligation has been met.
If the customer refuses to cooperate with the execution of the agreement by Doggyland, he is still obliged to pay the agreed price to Doggyland.
Right of advertising
As soon as the customer is in default, Doggyland is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
When the customer has been informed of the invoked right of complaint, the customer will return the product to which the right relates to Doggyland as soon as possible.
The costs for returning or collecting products are for the account of the customer.
Right of withdrawal
The consumer may cancel an online purchase during the 14-day cooling-off period without giving any reason, provided that:
The product does not spoil, like the dog snacks
The product has not been used
It is not a product made especially for the customer
2. The cooling-off period of 14 days mentioned in part 1, starts from.
1 day after the product is ordered. Provided there is no demonstrable delay in delivery levering
The customer has received the first product of the subscription
When the customer has received the first service, the costs of the services already provided will not be refunded.
3. The consumer can make his right of withdrawal known via Info@Doggy-land.nl
4. The consumer is obliged to return the product to Doggyland within 14 days after the right of withdrawal. If the product is not returned within 14 days, the right of withdrawal expires.
Reimbursement of delivery costs / return costs
Delivery costs after return are not reimbursed.
The customer receives the right to repay the customer's deposit within 14 days after the arrival of the routine product that meets the requirements referred to in paragraph 1.
Right of retention
Doggyland can invoke its right of retention in that case to retain the customer's products until the customer has paid his outstanding bills with regard to Doggyland. Unless otherwise discussed with the owner of Doggyland.
Doggyland is never liable for any damage that the customer may suffer as a result of using its right of retention.
Retention of title
Doggyland remains the owner of the delivered products until the customer has fulfilled the full payment obligations towards Doggyland on the basis of the agreed agreement.
If these agreements are not fulfilled, Doggyland can invoke the retention of title and take back the products and services.
If the ownership has not passed to the customer, the customer may not pledge the products.
Deliveries are made while stocks last.
Deliveries of products ordered online takes place at the address specified by the customer.
If the customer does not pay the costs for the amount on time, Doggyland has the right to suspend its obligations.
In the event of late payment, there is a creditor's default, with the result that the customer cannot object to Doggyland for a late delivery.
The delivery times stated by Doggyland are indicative and do not entitle the customer to dissolution or compensation when the times are exceeded.
The delivery time starts when the customer has completed the payment.
If Doggyland cannot meet the specified delivery time, the customer is not entitled to compensation or dissolution. Only when Doggyland cannot deliver within 14 days after the written delivery time is there a right to dissolution and compensation.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
The transport costs are for the account of the customer.
Packing and Shipping
When the packaging of a delivered product is opened or damaged, the customer must have a note made on the product by the delivery person before receiving the product. In the absence of this, Doggyland is not liable for any damage.
If the customer takes care of the transport himself, the customer must check the product and packaging on assumptions. In case of damage, this must be reported immediately, for a replacement product. Doggyland is not liable for later reports of damage.
If the customer accepts ordered products at a later date than the agreed delivery date, the risk of loss of quality is entirely for the customer.
Any additional costs as a result of the premature or late purchase of products will be fully borne by the customer.
When the customer has entered into an agreement with a trainer, this only contains an obligation of effort for Doggyland and no obligation of result.
The warranty on Doggyland's products is limited to the application of defects caused by faulty manufacture, construction or materials.
The warranty does not apply in the event of normal wear and tear, damage caused by accidents, changes made to the product or negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
Performance of the agreement
Doggyland will perform the agreement to the best of its knowledge and ability of the requirements of the agreement.
Doggyland has the right to have the agreed services (partially) performed by third parties.
It is the responsibility of the customer that Doggyland can start the execution of the agreement on time
If the customer ensures that Doggyland cannot start the execution of the agreement in time, the hours and costs of the effects thereof will be charged to the customers.
The customer indemnifies Doggyland against all claims from third parties related to the products and/or services supplied by Doggyland
The customer must inspect the product or service provided by Doggyland as soon as possible for any shortcomings.
If the delivered product or service does not comply with the agreement, the customer must inform Doggyland as soon as possible (within 1 month).
In the event of a complaint, the customer provides as detailed as possible a description of the shortcoming, so that Doggyland is able to respond adequately.
The customer must be able to demonstrate that the shortcoming actually relates to the agreement between the parties.
If a complaint relates to an ongoing service, this cannot ensure that Doggyland can be held to perform other work than has been agreed.
Notice of default
The customer must notify Doggyland in writing when there are notices of default.
It is the customer's responsibility to ensure that the notice of default also reaches Doggyland on time.
Doggyland is only liable for any damage that the customer suffers if and insofar as that damage is caused by intent or willful recklessness.
If Doggyland is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement
Doggyland is never liable for indirect damage, such as damage that your dog causes to third parties or when you incur damage by a dog from a third party.
If Doggyland is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.
All images, photos, colors, drawings, descriptions on the website are only indicative and are only approximate and cannot give rise to compensation or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from Doggyland expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Civil Code.
Right to dissolution
The customer may dissolve the agreement if Doggyland fails to comply with the agreement, unless the failure is due to the special nature of the situation.
When the obligation by Doggyland is temporarily or permanently impossible by Doggyland. Then dissolution can take place after Doggyland is in default.
Doggyland has the right to dissolve the agreement with the customer. This can take place if the customer does not fulfill his part of the agreement in full or on time.
Amendment of the agreement
When the agreement has been recorded but changes have to be made for the completion of the agreement, the agreement can be adjusted.
Change of terms and conditions
Doggyland is at all times entitled to change or supplement these general terms and conditions.
The changes can be applied at any time.
Major substantive changes will be discussed in advance with customers who are already in an agreement.
Consumers are within their right to cancel their current agreement in the event of a major change to the general terms and conditions.
Transfer of rights.
Customer rights under an agreement between the parties cannot be transferred to a third party without written consent from Doggyland.
Applicable law and competent court
Dutch law applies exclusively to every agreement between the parties.
The Dutch court in the district where Doggyland is located has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
General Terms and Conditions dog holiday care honden
Article 1 - Content
Doggyland offers an internet platform that facilitates contact between owners and babysitting providers. Doggyland is not an intermediary agency and is not about the contract agreed between the sitter and customer.
Doggyland has compiled the content of the website with care. However, the information on the website belongs to the third party (sitters), the third party is itself responsible for the correctness and completeness of the said information.
Doggyland bears no responsibility for the content of the placed advertisements and/or the quality and behavior of the owners and/or babysitters.
Article 2 - Data
If you want to use the service, you must ensure that your details (Address, bank account number, e-mail, name) are complete and correct. You also guarantee that you are the (legal) person that you state that you are and that you are authorized to use our service.
By logging in to Doggyland, your profile will end up on the website. This means that this data becomes publicly searchable. This also means that search engines (like google) can display your profile.
The data sent is used to enable third parties to establish an agreement. Doggyland respects your privacy and will not use the data for any other purpose without the express consent of the user. However, Doggyland can make an exception to this if misuse (article 14) of the website is made.
Article 3 - Intellectual property rights
The intellectual property rights associated with the service, including the rights to the images, data files, photos, texts, design and other materials, rest with Doggyland, if copyright, trade rights or other rights are violated in or by placed advertisements, it is up to the victim to take action towards the violator(s) of his or her rights. The user indemnifies Doggyland.nl against all claims, for whatever reason, in this regard.
Article 4 - Liability
Doggyland brings the supply and demand of pet care together. Doggyland is not an intermediary agency and can never be regarded as a contracting party with regard to the pet sitter to be provided.
Doggyland is and bears no responsibility for the selected pets and their pet owners and/or the pet sitters and the quality of their work. The owner chooses which pet sitter selects it and does his own research into the sitter based on your own wishes and criteria.
Making and maintaining contact with a pet sitter is entirely at your own risk and initiative.
The choice of who you entrust care for your dog(s) and the decision to entrust someone to care for your dog(s) is entirely yours and made by you. Doggyland is not liable for (material and/or immaterial and/or consequential) damage resulting from placed advertisements or selected candidates. If a pet sitter or owner is not reliable, we would like to hear from you via e-mail Info@doggy-land.nl.
4.1 Doggyland cannot guarantee that all its services will always meet the expectations you set. In addition, we cannot guarantee that the online platform will always function flawlessly.
Article 5 - Liability of pet owners
The owners are aware that according to the law – Article 6:179 of the Dutch Civil Code – the owners can under certain circumstances be liable for damage caused by their pet during the babysitting, even if their pet is with the sitter without them.
5.1 The owners have third-party liability insurance for themselves that can also be applied to their pet (normally this is already the case).
Article 6 - Exclusion
If you do not (or temporarily) observe the payment conditions and/or fail to pay on time and/or you act in violation of these terms and conditions, Doggyland is authorized to deny you access to the website.
In addition, Doggyland is entitled to terminate or terminate the agreement with you immediately and without judicial intervention if you as a user do not, not timely or not properly comply with the obligations that arise for you from the use of this platform and/ or the general terms and conditions.
Doggyland has the right to take legal action against you in appropriate cases. In addition, Doggyland has the right to remove data from you from the database, without giving any explanation. This website is only intended for contact between pet owners, sitters and shelter organizations for the purpose of pet care. There is a minimum age of 15 years or older to babysit. A minimum age of 18 years applies to use the service.
The user is exclusively not entitled to a refund of purchases.
Article 7 - References
Doggyland is not liable for the content of sites of advertisers and/or participants of the website.
Article 8 - Indemnification
You fully indemnify Doggyland against all possible claims from yourself and third parties in any way arising out of and/or related to the use of our website and/or an agreement that you enter into by using this website.
Article 9 - Security
Doggyland tries in all reasonableness to protect its systems against unauthorized use and takes appropriate measures for this. However, Doggyland can never guarantee that unauthorized use will not occur. Also, Doggyland cannot guarantee that the platform is always accessible at any time of the day.
Article 10 - Liability with regard to the use of the website
Doggyland is not liable for damage, direct and/or indirect, in any way caused by and/or arising from the use of the website. Doggyland is not liable for damage related to the use of Doggyland, unless this damage is the result of intent or gross negligence on the part of Doggyland. In that case, Doggyland's liability is limited to the amount that the user has paid for the use of Doggyland, with a maximum of € 500.
Article 11 - Non-private use
Non-private use of the website by organizations such as intermediaries is not permitted. Non-private use by organizations such as pet boarding houses, professional pet shelters and/or other companies is only allowed in consultation.
Doggyland has the right to block users in case of violation of this provision (this at the sole discretion of Doggyland). In that case, the offending user is not entitled to a refund of the purchases. Your profile will be deleted and users you have come into contact with will be informed of the violation, if necessary according to Doggyland. Doggyland is entitled to impose an immediately due and payable fine of €1,000 (in words: one thousand euros) without further warning or notice of default, and without judicial intervention being required, in the event of violation of the provisions of this article. If a violation of the provisions of this article is subsequently found, the immediately due and payable fines amount to € 5,000 (in words: five thousand euros) for each subsequent violation.
Article 12 - Force majeure
When an obligation cannot be performed as a result of an event that can reasonably be said to be outside Doggyland's sphere of influence and which could not reasonably have been foreseen at the time the agreement was concluded, Doggyland may suspend an agreement. Examples of such events include: Lockout, fire, theft, water damage, sabotage, vandalism, telecommunications failure or strike.
Article 13 - Complaints and wishes
Users of the platform will submit any complaints and wishes to Doggyland in writing.
Article 14 - Abuse
We understand 'Abuse': sending messages to other users that (ultimately) violate the rights or privacy of others, such as sending unsolicited commercial information and spam, making offensive or insulting statements, using the platform differently other than seeking or offering pet care and/or pet sitting, infringing intellectual property rights or publishing or duplicating material without permission and using this service in a manner for which the service is not intended. In addition, unlawful acts or complaints in connection with or arising from the use of this service are understood to be abuse.
14.1 Doggyland can terminate the agreement with immediate effect if abuse has occurred, this can happen without prior notice or consultation with the user.
14.2 Doggyland is entitled, without further warning or notice of default, and without judicial intervention being required, to charge the user an immediately due and payable fine of € 10,000 (in words: ten thousand euros) per fact of abuse. In addition, Doggyland reserves the right to take further (legal) measures against the user and to claim this compensation as a result of damage caused as a result of misuse by the user.
Dutch law applies to these general terms and conditions. Any disputes will be submitted to the competent court in Amsterdam. These terms and conditions may be amended by Doggyland at any time. We therefore strongly recommend that you review these general terms and conditions regularly.