General Terms and Conditions – MyHappyPet

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General Terms and Conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: 30-09-2025

Continuous transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;

Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information;

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: an agreement concluded in the context of a system organized by the entrepreneur for distance selling of products and/or services, whereby up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;

Means of distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same room at the same time;

Terms and Conditions: the present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

MVL-Commerce
Papendrechtlaan, 2171 PZ Sassenheim, The Netherlands
E-mail: Ecommercekm123@gmail.com
Chamber of Commerce (KvK) number: 9465815
VAT identification number: NL005099801B33

Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer. Before the distance agreement 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 agreement is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance agreement is concluded electronically, then, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him.
If one or more provisions of these general terms and conditions are null and void or annulled at any time, the agreement and these conditions will otherwise remain in force, and the relevant provision will be replaced immediately by mutual agreement by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions should be assessed “in the spirit” of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our conditions should be interpreted “in the spirit” of these general terms and conditions.

Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly 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 sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses illustrations, they are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the agreement. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products.
Each offer contains sufficient information to make clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

  • the price excluding VAT and import duties (collected by the delivery service under the postal courier scheme);

  • any shipping costs;

  • the way in which the agreement will be concluded and which actions are required for this;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and execution of the agreement;

  • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

  • the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate of the used communication tool;

  • whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer;

  • the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided in connection with the agreement;

  • the other languages in which, in addition to Dutch, the agreement can be concluded;

  • the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and

  • the minimum duration of the distance agreement in the event of a long-term transaction.
    Optional: available sizes, colors, types of materials.

Article 5 – The Agreement
The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions thereby set. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
The entrepreneur will include the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the entrepreneur’s business where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on guarantees and existing after-sales service;
d. the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. Notification must be made by written message/email. After the consumer has indicated that he wishes to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment. If the consumer has not indicated within the periods mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the products are borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.

Article 8 – Customs and VAT Scheme
The entrepreneur applies the postal and courier scheme, under which customs duties and import VAT are collected by the delivery service from the consumer. The entrepreneur ensures that under this scheme no VAT is charged on the product, and the consumer is informed of any additional costs that may apply.

Article 9 – CESOP Compliance
From 2024, payment service providers will register transaction data in the CESOP system (Central Electronic System of Payment Information) in accordance with EU regulations. The entrepreneur complies with these regulations, which may affect the monitoring and reporting of payments.

Article 10 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with consumer specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal;
h. for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
b. where delivery has begun with the consumer’s express consent before the cooling-off period has expired;
c. concerning betting and lotteries.

Article 11 – Prices
The stated prices are excluding VAT and import duties. These are collected by the delivery service from the consumer under the postal and courier scheme. Prices remain valid during the indicated offer period, unless there are legal changes in VAT rates or other regulations. Price increases within 3 months of purchase are only allowed in case of legal changes. After 3 months, price increases are allowed if:

  • They result from legal provisions, or

  • The consumer has the right to terminate the agreement in case of a price increase.
    Payment transactions will be registered in the CESOP system from 2024 in accordance with EU regulations. All prices are subject to printing and typographical errors, for which no liability is accepted.

Article 12 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if:

  • The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;

  • The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the entrepreneur’s instructions and/or the packaging;

  • The defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

Article 13 – Delivery and Execution
The entrepreneur will take the greatest possible care when receiving and executing product orders. The place of delivery is the address that the consumer has made known to the company. Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, 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 free of charge and the right to possible compensation. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed period, subject to agreed termination rules and a notice period of no more than one month.
The consumer may, in the agreements referred to in the previous paragraphs:

  • terminate at any time and not be limited to termination at a specific time or in a specific period;

  • at least terminate in the same manner as they were entered into;

  • always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal
An agreement entered into for a fixed period, which extends to the regular delivery of products or services, may not be tacitly extended or renewed for a fixed period.
By way of exception to the previous paragraph, an agreement entered into for a fixed period, which extends to the regular delivery of daily, news, and weekly newspapers and magazines, may be tacitly renewed for a fixed period of a maximum of three months, if the consumer can terminate this renewed agreement towards the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed period, which extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular but less than once a month delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

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

Article 15 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur immediately. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

Article 16 – Complaints Procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure. A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its choice, either replace or repair the delivered products free of charge.

Article 17 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, even if the consumer resides abroad.