| Petcure will carry out the withdrawal processing on our behalf in our power of attorney. | |||
Withdrawal conditionsRight of withdrawalYou have the right to withdraw from the contract within 14 days without giving reasons. The withdrawal period will expire 14 days from the day on which you or a third party designated by you, other than the carrier, takes physical possession of the good. To exercise the right of withdrawal, you must contact Petcure (Petcure Returns, Borchwerf 5, 4704 RG, Roosendaal, Netherlands, Phone: +31(0) 850 876 749, E-Mail: info@petcure.shop) to inform you of your decision to withdraw from the contract via an unambiguous statement (e.g. in writing by post or e-mail). You may use the attached model withdrawal form for this purpose, but are not obliged to do so. To comply with the withdrawal period, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Follow-up of withdrawalIf you withdraw from the contract, all payments you have made up to that point, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the cheapest standard collection method offered) will be returned to you without delay and in any event no later than 14 days after you have informed Petcure of your decision to withdraw from the contract. You will be refunded by the same means of payment with which you made the original transaction, unless you have expressly agreed otherwise; in any event, you will not be charged for such refund. A refund will wait until the goods are received back, or you have proved that you have returned the goods, whichever comes first. You must return or hand over the goods to Petcure without delay, but in any event no later than 14 days from the day on which you communicate the decision to withdraw to Petcure return or hand over the goods. You are on time if you return the goods before the 14-day period has expired. The direct costs of returning the goods shall be borne by you. .You will only be liable for the depreciation of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. |
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The right of withdrawal does not exist for the following contracts:
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Model withdrawal form(please complete and return this form only if you wish to withdraw from the contract)
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following sale of the following goods/provision of the following service (*). Ordered on (*)/Received on (*): Name/Names of consumer(s)
Address consumer(s) Signature of consumer(s) (only if this form is submitted on paper) Date (*) Delete what does not apply. |
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| The following definitions apply to these terms and conditions: | ||
| 1 | Platform owner: The natural or legal person who offers services to buyers and sellers through a platform; | |
| 2 | Environment: www.petcure.nl, www.petcure.de, www.petcure.be, www.petcure.fr, www.petcure.eu and any other specified application; | |
| 3 | Platform: The environment where third parties offer products to consumers; | |
| 4 | Consumer: Any visitor to the area; | |
| 5 | Seller: A third party, a natural or legal person who offers products to consumers through the platform; | |
| 6 | Buyer: A consumer who purchases a product through the platform and enters into a sales contract with the seller; | |
| 7 | Buy agreement: An agreement between seller and buyer that is created by the buyer buying a product from the seller via the platform; | |
| 8 | Right of withdrawal: The possibility for the consumer to withdraw from the contract within the cooling-off period; | |
| 9 | Model withdrawal form: The European model withdrawal form in these terms and conditions. The form need not be available if the buyer does not have the right to cancel the order. | |
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| 1 | The agreement is made with Thirdstreet BV Zinkstraat 24 (Unit A4470) 4823AD Breda Nederland |
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| 2 | The platform owner ("Petcure") does not become a contractual party in relation to items purchased through our online shop, the Petcure platform or a third-party provider, even if these terms are stated by a third-party provider at the time of conclusion of the contract. Petcure performs order and payment processing on our behalf and with our consent. |
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| 1 | The following terms and conditions apply to all orders for goods offered in our online shop on the Petcure platform. | |
| 2 | These terms and conditions also apply to orders placed outside the Petcure Platform if these terms and conditions are included when the contract is concluded. | |
| 3 | In so far as these general terms and conditions do not contain a special provision, the general terms and conditions of use of the Petcure platform also apply. |
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| 1 | The presentation of products in the online shop is not a legally binding offer, but a non-binding online catalogue. You have the option of placing an order using the shopping cart system. | |
| 2 | You can place our products in the shopping cart without any obligation. Before placing a binding order, you can correct your entries if necessary using the correction tools provided and explained in the ordering process. | |
| 3 | All prices include VAT, exclude any shipping costs | |
| 4 | The offer is not aimed at resellers. |
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| 1 | By clicking the order button, you place a binding order for the goods in the shopping cart. The order acknowledgement follows immediately after the order is sent but does not yet imply acceptance of the contract. | |
| 2 | The platform owner („Petcure“) does not become a party to the agreement in relation to items purchased through our online shop, the Petcure platform or items purchased through an external party, even if these terms are included by an external party at the time of entering into that agreement. | |
| 3 | The contract is only established by an explicit declaration or making the goods available. | |
| 4 | The agreement will be concluded in Dutch. | |
| 5 | The text of the agreement is not stored by us. |
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| 1 | Payment is made via the payment processing of the Petcure payment service providers Mollie or Paypal according to the payment methods and conditions offered. You can view the payment methods currently offered on the Petcure website. | |
| 2 | We or Petcure reserves the right to exclude individual payment methods. The payment methods available are optional in the ordering process. Please also note the information in Petcure's privacy statement under "Privacy". | |
| 3 | The goods remain our property until full payment has been made. |
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| 1 | The goods will be made available for collection. | |
| 2 | If you do not wish to collect yourself, you can use a representative. Representation is also possible through logistics service providers who can ship and deliver the ordered goods on your behalf. Selection and assignment of the logistics service providers are at the discretion and own responsibility of the buyer, we and the platform owner have no influence on this. | |
| 3 | Once you have collected the ordered goods yourself or by a third party commissioned by you, the risk of accidental loss and accidental deterioration of the goods passes to you at the time of delivery to you or to the third party commissioned by you. The delivery of the goods fulfils our obligations under the contract |
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| 1 | Legal liability for defects applies. | |
| 2 | Information on any additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop. |
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| 1 | We are liable for claims resulting from damage caused by us, our legal representatives or substitutes - in case of injury to life, limb or health - in case of wilful or gross negligence or breach of duty - in case of warranty, if agreed, or - insofar as statutory product liability applies. |
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| 2 | In case of breach of essential obligations under the contract, the performance of which is indispensable for the proper performance of the contract and on the performance of which the other party to the contract may reasonably rely (cardinal obligations) within the scope of a given guarantee, insofar as agreed. | |
| 3 | Furthermore, our liability for damage claims is excluded. |
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| 1 | The European Commission provides a platform https://ec.europa.eu/consumers/odr/ for online dispute resolution (OS platform) . We aim to settle any disagreements by mutual agreement. We are not obliged to participate in arbitration proceedings, nor can we offer participation in such proceedings. |
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| 1 | Should any provision of these general terms and conditions be null and void, the rest of the agreement shall remain in force. | |
| 2 | Dutch law applies, excluding the Vienna Sales Convention (CISG) and conflicts of law. | |
| 3 | This choice of law shall apply only insofar as the buyer is not deprived of the protection afforded by mandatory provisions of the law of the state in which he/she is habitually resident at the time of his/her order. | |
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| The data controller is: | ||
| Thirdstreet BV Zinkstraat 24 (Unit A4470) 4823AD Breda Nederland |
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| 1 | Your personal data is collected via Petcure or directly by us, if you provide it as part of your order or when you contact us (e.g. via the contact form or email) both Petcure and we are responsible. | |
| 2 | All data collected via Petcure are processed on the Petcure servers and transferred to us in accordance with AVG article 6, paragraph 1, lit. b for contract processing or for processing your contact request. | |
| 3 | Mandatory fields are marked as such because we absolutely need this data in this case to execute the agreement or process your contact request. It is not possible for you to complete your order and/or contact us without providing us with this information. | |
| 4 | What data is collected can be found on the respective data entry forms. In accordance with AVG art. 6 paragraph 1 sub b, we use the data you provide us with to execute the agreement and process your requests. | |
| 5 | After full performance of the contract, we limit further processing of your data and delete your data after the expiry of the legally prescribed tax and commercial retention periods, unless you have expressly consented to further use of your data or we reserve further processing of the data, if legally permissible, and about which we inform you through this statement. |
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| 1 | If you have given us your express consent to this during or after your order, we will pass on your e-mail address and telephone number to the selected logistics service provider in accordance with AVG Art. 6, Paragraph 1, Sentence 1, so that they can contact you prior to delivery for the purpose of announcing or arranging delivery. | |
| 2 | This consent may be revoked at any time by sending a message to us or directly to your designated logistics provider. | |
| 3 | After revocation, we delete your data provided for this purpose, unless you have expressly consented to further use of your data or we reserve further processing of the data, if legally permitted, and about which we inform you by means of this statement. |
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| As a data subject, you have the following rights: | ||
| 1 | in accordance with Article 15 of the AVG, the right to request information about your personal data processed by us within the scope defined therein; | |
| 2 | in accordance with Article 16 of the AVG, you have the right to request without delay the rectification or completion of your concerning incorrect personal data stored with us; | |
| 3 | according to Article 17 AGV, you have the right to request the deletion of your personal data stored with us unless further processing is not required in order to | |
| - exercise freedom of expression and freedom of information; | ||
| - to fulfil a legal obligation; | ||
| - reasons of public interest | ||
| - bring, exercise or defend legal actions; | ||
| 4 | according to Article 18 AGV, you have the right to request the restriction of the processing of your personal data if | |
| - the accuracy of the personal data is disputed by you; | ||
| - the processing is unlawful and you oppose its erasure; | ||
| - we no longer need the personal data, but you need it for the establishment, exercise or substantiation of a legal claim | ||
| - you have objected to the processing in accordance with Article 21 AGV; | ||
| 5 | in accordance with Article 20 AGV, you have the right to obtain your personal data, which you have provided to us, in a structured, common and machine-readable form or to request the transfer of such data to another controller; | |
| 6 | according to Article 77, you have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority within your usual place of residence or workplace or at our company headquarters. | |
| If you have any questions about the collection, processing or use of your personal data, in case of access, rectification, restriction or deletion of data and also in case of withdrawal of given consents or objection to a certain use of data, you can contact us directly using the contact details. |
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| 1 | Insofar as we process personal data as explained above for the purpose of safeguarding a legitimate interest that is decisive in the context of balancing interests, you may object to future processing. | |
| 2 | If the processing is for direct marketing purposes, you can exercise this right at any time as described above. | |
| 3 | If the processing is for other purposes, you can only exercise a right to object if there are reasons arising from your specific situation. | |
| 4 | After exercising your right to object, we will no longer process your personal data for these purposes, unless we can adduce compelling legitimate grounds which outweigh your interests, rights and freedoms or if the processing is carried out for the purpose of instituting, exercising or substantiating legal proceedings. This does not apply if the processing is carried out for the purpose of direct marketing. In that case, your personal data will not be further processed for this purpose. |
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| In any other case, Petcure's privacy policy applies. You can find here more information about the processing of your data collected through the Petcure platform and outside the scope of this privacy statement. |
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