Terms of Use

1. - Definitions

		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.

2. - Identity of the platform holder


	Four Points BV trade name: Petcure

	Argon 16-C7 4751 XC Oud Gastel

	Telephone number: 0031(0) 850 876 749 (Monday/Friday from 9 a.m. to 5 p.m.)

	E-mail address: info@petcure.shop

	KVK number: 20030513

	VAT number: NL 0078.35.310 B01

3. - Applicability


1		These terms and conditions for the use of the Petcure platform govern exclusively the legal relationship between the platform owner and buyers using the Petcure platform and entering into sales agreements with affiliated sellers.

2		Petcure allows entrepreneurs (sellers) to use the Petcure platform to offer offers of goods (hereinafter "items") for sale. The user data required for the purchase transaction and the details of the transaction are transmitted to the seller whose offer the customer wishes to order. Furthermore, the seller executes the entire purchase agreement, with the exception of payment processing, which is carried out by Petcure.

3		In addition to these general terms and conditions of use, the respective general terms and conditions of the seller whose offers are ordered become the basis of the purchase agreement. The seller states such general terms and conditions in the offer (accessible via a link).

4		Petcure offers individuals and legal entities (buyers) the opportunity to purchase items posted by sellers. Petcure takes over the order, payment and withdrawal processing in the name and on behalf of the seller. To register or use the Petcure platform as a buyer, it is necessary for natural persons to be of age.

4. - Offer & price


1		The presentation of the products at www.petcure.nl, www.petcure.de, www.petcure.be, www.petcure.fr, www.petcure.eu is not a legally binding offer, but a non-binding online catalogue. Buyer has the option to place an order using the shopping cart system.

2		Buyer can place products in the shopping cart without obligation. Before a binding order is placed, entries may be corrected if necessary using the correction tools provided and explained in the ordering process.

3		All prices include VAT, excluding any shipping costs

4		The offer is not aimed at resellers.

5. - The agreement (including language & text storage)


1		Clicking the order button places 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 contract of sale is concluded between the buyer and the seller of the items ordered by the buyer; the relevant seller of an item is displayed at various points during the ordering process, in particular on the item detail page, in the shopping basket and before the order is finalised. The platform owner ("Petcure") does not become a contractual partner in relation to the items purchased through the Petcure platform or through a third-party supplier.

3		The contract is only established by an explicit declaration or making the goods available.

4		The agreement is concluded in Dutch.

5		The contract text is not stored at Petcure and cannot be retrieved after the ordering process is completed. However, the buyer can print the order details immediately after sending the order and receives an order confirmation. However, the order confirmation does not yet imply acceptance of the contract.

6. - Payment


1		Several payment methods are available. The buyer can choose from the available payment methods during the ordering process.

2		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.

3		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".

4		If the buyer has chosen the payment method prepayment, Petcure will not release the goods until payment is received.

5		The goods remain the property of the relevant seller until full payment has been made.

7. - Delivery & logistic service providers


1		The goods are made available for collection.

2		Customers who do not wish to collect themselves can use a representative. Representation is also possible through logistics service providers who can ship and deliver the ordered goods on behalf of the buyer. Selection and assignment of the logistics service providers are at the discretion and own responsibility of the buyer, the seller and the platform holder have no influence on this.

3		To offer customers a unified and attractive range of shipping methods, we cooperate with Ship2me (logistics service provider). It is possible to have delivery arranged by Ship2me. If buyers order on weekdays before 20:00 and pay directly online via Mollie or Paypal, the order is normally shipped the same day by Ship2me on behalf of the buyer. Ship2me anoffered shipping methods (DHL, GLS, etc) and delivery terms can be found here and also available before the buyer completes the order.

4		Once the buyer has arranged for the ordered goods to be collected himself or by a third party on instruction, the risk of accidental loss and unintentional deterioration of the goods passes to the buyer at the time of delivery to the buyer or to the third party instructed by the buyer. The delivery of the goods fulfils the obligations under the contract.

8. - Right of withdrawal


		Right of withdrawal
1		The buyer has the right to withdraw from the contract within 14 days without giving reasons.

2		The withdrawal period expires 14 days from the day on which the buyer or a third party designated by the buyer, other than the carrier, takes physical possession of the good.

3		To exercise the right of withdrawal, the buyer must Petcure (Petcure Returns, Borchwerf 5, 4704 RG Roosendaal, The Netherlands, Phone: +31(0) 850 876 749, (Monday/Friday from 9am to 5pm) E-Mail: info@petcure.shop) via an unambiguous statement (e.g. in writing by post or e-mail) an inform you of the decision to withdraw .

4		Buyer may use the attached model withdrawal form for this purpose, but is not obliged to do so.

5		To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

		Consequences of revocation
6		If the buyer withdraws from the contract, the buyer will receive back all payments made up to that point, including delivery costs (with the exception of any additional costs resulting from a choice of a mode of delivery other than the cheapest standard collection method offered) without delay and in any event no later than 14 days after the buyer has informed Petcure of the decision to withdraw from the contract. Buyer shall be refunded by the same means of payment used for the original transaction, unless Buyer has expressly agreed otherwise; in no case shall any fees be charged for this refund.

7		Reimbursement will wait until the goods have been received back, or the buyer has proved that the goods have been returned, whichever comes first.

8		Buyer shall return or hand over the goods without delay, but in any event no later than 14 days from the day on which buyer communicated the decision to withdraw from the contract to Petcure. The buyer is in time if the goods are returned before the period of 14 days has expired.

9		The direct cost of returning the goods shall be borne by the buyer.

10		The buyer shall 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.

9. - Withdrawal form

Model withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract)

Petcure Returns
Borchwerf 5
4704 RG Roosendaal
The Netherlands

Telephone: 0031(0) 850 876 749
E-Mail: info@petcure.shop

I/We (*) hereby inform(*) you that I/We (*) revoke/revoke(*) our agreement concerning the sale of the following goods/provision of the following service (*)

Ordered on (*)/Received on (*):

Name(s) of consumer(s):

Address consumer(s):

Signature of consumer(s) (only if this form is submitted on paper):

Date:

(*) Delete what does not apply.

10. - Exclusion of the right of withdrawal



1		The right of withdrawal does not exist for the following contracts:

	a.	for the delivery of items that spoil quickly or have a limited shelf life,
	b.	for the delivery of items that are not suitable for return for reasons of health protection or hygiene and whose seals were broken after delivery,
	c.	for the delivery of items which, after delivery, are by their nature irrevocably mixed with other items.

11. - Liability


1		Petcure is liable according to the legal provisions for intent and gross negligence. This also applies in case Petcure assumes guarantees and in case of other strict liability, including culpable injury to life, body or health.

2		Petcure is also liable for the breach of essential contractual obligations in case of slight negligence. Essential contractual obligations are those obligations that protect the legal position of the user that is essential to the contract and that the contract must grant to him according to its content and purpose; moreover, these are the contractual obligations whose fulfilment enables the proper performance of the contract in the first place and on which the user can legitimately rely. Furthermore, the liability of Petcure regarding damage claims is excluded.

3		There is no liability for limitations on the contractual use of the services provided by Petcure on the platform caused by incorrect or erroneous use by the user.

4		Petcure shall only be liable for the loss of data in accordance with the above paragraphs if such loss could not have been avoided by the user through appropriate data security measures.

5		In case of defectiveness of the purchased product, the buyer is entitled to the legal warranty rights against the seller. The buyer can consult the seller's relevant general terms and conditions for this purpose.

6		To the extent that the liability of Petcure is excluded or limited, this also always applies to the personal liability of the platform's legal representatives, executives and deputies.

12. - Data security


1		The platform owner has taken extensive technical and organisational precautions to ensure that data is used confidentially and only for its intended purpose. However, misuse by unlawful third parties cannot be completely excluded.

2		The platform owner undertakes to use or transmit data stored at the time of registration only for its own purposes or for initiating or processing contracts initiated or concluded through the platform, and not to transmit them to extee third parties, unless there is an obligation to do so by order of the authorities or the customer has not given his express consent. This data handling regulation is further elaborated in the privacy statement.

3		The platform owner undertakes to require all employees in charge of the management and/or operation of the platform to strictly comply with data protection regulations.

13. - Disputes


1		In case of questions and/or complaints about products purchased from a seller, the buyer can contact the seller at any time through the Petcure complaint procedure. The buyer acknowledges that the platform owner is not liable in these cases and only has a mediating role.

2		If the dispute cannot be settled by mutual agreement, the European Commission offers a platform https://ec.europa.eu/consumers/odr/ for online dispute resolution (OS platform) . We strive to settle any disagreements by mutual agreement. We are not obliged to participate in arbitration proceedings, nor can we offer participation in such proceedings. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. This also applies to our sellers, unless something else appears from the a "about us" page of the respective seller.

14. - Applicable law


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, to the exclusion of the Vienna Sales Convention (CISG) and conflicts of law. The non-exclusive jurisdiction of the Court of Breda (the Netherlands) is agreed.

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.