General terms and conditions 4 Healthy Pets
1. Identification and applicability
Without prejudice to the application of any specific terms and conditions in a separate written agreement, the following general terms and conditions apply to all promotions, proposals, offers, and agreements concluded between 4 Healthy Pets NV, with its registered office at Spinnerijstraat 101/00023, 8500 Kortrijk, and company registration number 0550.614.263 (including its affiliated companies), and a professional practitioner (hereinafter referred to as the 'Buyer'), as well as to all agreements concluded with 4 Healthy Pets in which the execution thereof involves third parties.
4 Healthy Pets reserves the right to modify its general terms and conditions. This version came into effect on July 1, 2023, and is considered version 1.0. If any provision of these general terms and conditions is unenforceable or conflicts with a provision of mandatory law, it shall not affect the validity and enforceability of the remaining provisions. In such a situation, the unenforceable or conflicting provision shall be replaced by an enforceable and valid provision that most closely aligns with the purpose of the original provision.
The Buyer expressly acknowledges having read the general terms and conditions set forth below and fully accepts their content without reservation. The application of any general terms and conditions of the Buyer (regardless of the name given to them by the buyer, such as "purchase terms," "supplier conditions," etc.) is expressly rejected, unless agreed otherwise in writing (in which case, in the event of conflicts between two versions of general terms and conditions, the general terms and conditions of 4 Healthy Pets shall prevail). The mere use of the website or placing an order implies acceptance of the general terms and conditions described below, as the text of these general terms and conditions is provided during the ordering process, and the Buyer always has the opportunity to consult this text. By agreeing to the general terms and conditions, the Buyer also declares to have sufficient command of the language of the general terms and conditions. This version of the general terms and conditions will be available in various languages. In case of doubt regarding a particular clause, the Dutch version shall prevail.
An offer includes a complete and accurate description of the products offered, so that it is clear to the Buyer what rights and obligations are associated with accepting the offer. If an offer has a limited validity period or is subject to conditions, this will be stated in the offer.
All offers made by 4 Healthy Pets are non-binding and provided in writing; they do not have any binding effect. Sending an offer and/or other documentation does not obligate 4 Healthy Pets to accept an order. Express consent from 4 Healthy Pets is always required for acceptance.
4 Healthy Pets uses images that provide an illustration of the offered products. These images used are purely for illustrative purposes and do not bind 4 Healthy Pets.
3. The Agreement and Execution
Commerciële samenwerkingsovereenkomsten dienen te worden vastgelegd in een afzonderlijk schriftelijk contract tussen beide partijen. Onze algemene voorwaarden vormen een aanvulling op en zijn van toepassing op dergelijke overeenkomsten. In het geval er een concrete commerciële samenwerkingsovereenkomst werd afgesloten, gaat de tekst van die commerciële samenwerkingsovereenkomst voor op de tekst van deze algemene voorwaarden.
After placing an order by the Buyer via email, EDI, or the 4 Healthy Pets platform, the Buyer will receive an email confirmation from 4 Healthy Pets regarding the available goods that can be delivered. This email confirmation constitutes acceptance of the order but only for the goods that are currently in stock at 4 Healthy Pets. The Buyer will be informed about which products from the order are out of stock and will therefore not be accepted as ordered. It is the responsibility of the Buyer to reorder these products if desired.
Orders must meet a minimum amount to be exempt from paying the shipping cost by the Buyer. The minimum order amount will be communicated to the Buyer by 4 Healthy Pets in the contract. If the Buyer is not aware of the minimum amount, they should contact 4 Healthy Pets.
For each order for in-store delivery that does not meet the minimum order amount, 4 Healthy Pets will charge the Buyer a fixed fee for the transportation costs. If the Buyer is not aware of the fixed fee amount, they should contact 4 Healthy Pets.
If it is impossible to fulfill the order, 4 Healthy Pets undertakes to inform the Buyer within five (5) working days after receiving the order that the order has been refused, so that the Buyer can find an alternative solution.
4 Healthy Pets reserves the right to refuse orders without providing a reason. If necessary or desirable for the proper execution of the agreement, 4 Healthy Pets has the right to engage third parties and pass on the costs to the Buyer.
Commercial cooperation agreements must be documented in a separate written contract between both parties. Our general terms and conditions are supplementary and applicable to such agreements. In the event that a specific commercial cooperation agreement has been concluded, the text of that commercial cooperation agreement prevails over the text of these general terms and conditions.
4. The Price
The prices mentioned in the product offer are displayed excluding VAT. The prices are exclusive of transportation costs unless the Buyer places an order exceeding the agreed minimum order amount.
The prices remain firm and unchanged during the validity period stated in the offer, except for material errors or circumstances beyond the control of 4 Healthy Pets, such as fluctuations in the VAT rate (non-exhaustive).
If 4 Healthy Pets is compelled to implement price increases, it will notify the Buyer in writing 2 months prior to the automatic price increase, unless otherwise agreed upon in a separate written agreement.
5. Cancellation, Suspension and Termination
If the Buyer wishes to cancel the agreement after it has been definitively concluded, and 4 Healthy Pets agrees to it, a cancellation fee of 25% of the price (excluding VAT) will be charged. 4 Healthy Pets reserves the right to claim full compensation for actual expenses incurred, to the extent that 4 Healthy Pets can provide evidence of these costs.
4 Healthy Pets has the right to suspend its obligations if:
- The Buyer fails to fully fulfill its obligations under the agreement or if there is a reasonable suspicion thereof.
- The Buyer dies, is placed under guardianship, falls under the WCO (Continuity of Enterprises Act), or is declared bankrupt.
- The Buyer fails to pay an invoice amount or a portion thereof within the specified period.
- The Buyer receives a negative credit rating from our credit insurer and subsequently refuses to make an advance payment.
4 Healthy Pets may terminate the agreement without compensation if circumstances arise that are of such a nature that the performance of the agreement is impossible or can no longer be reasonably demanded according to principles of reasonableness and fairness.
If the Buyer fails to fulfill its acceptance and/or other obligations, 4 Healthy Pets is entitled to terminate the agreement and claim damages for non-performance of the agreement.
6. Conformity, Warranty and Indemnification
4 Healthy Pets strives to provide the Buyer with a conforming product as presented in the offer, which corresponds to reasonable fitness/soundness and all legal/regulatory provisions.
Except in cases of intent, gross negligence, or serious fault on the part of 4 Healthy Pets, all liability of 4 Healthy Pets for damages of any kind (direct or indirect) resulting from defects in or relating to the sold products, provided services, or performed work, whether for the Buyer or for third parties, is expressly excluded. The total financial liability is always limited to the invoice value of the delivered products. Consequential damages, indirect damages, and loss of profit are always excluded.
4 Healthy Pets does not guarantee products that have been intentionally or negligently damaged by the Buyer, or that have not been used in accordance with its instructions. The burden of proof regarding the damage or defect of the product lies with the Buyer.
The Buyer shall clearly indicate in advance their place of delivery or that of their representative. The Buyer is obligated to accept the delivered products at the time they are delivered to the designated place of delivery or when the goods are made available to them in accordance with the agreement. All information provided by the Buyer to 4 Healthy Pets, such as the details associated with the order, are binding. 4 Healthy Pets is not liable for any damages resulting from incorrect information provided by the Buyer.
Delivery of products is subject to stock availability. If the stock is depleted, 4 Healthy Pets will inform the Buyer accordingly. No form of compensation is due in the case of depleted stock.
4 Healthy Pets will always provide an approximate delivery time, taking known circumstances into account. Exceeding the agreed-upon delivery time does not entitle the Buyer to compensation, penalty, or cancellation of the order or contract.
Unless otherwise agreed, the risk of delivery, including the risk of total or partial damage and/or loss, remains with 4 Healthy Pets until the moment of receipt by the Buyer or their representative. In the case of incorrect products being delivered, 4 Healthy Pets will bear the costs of the products and transportation when the Buyer returns and they are received by 4 Healthy Pets.
Transport costs for returning goods due to incorrect orders by the Buyer are the responsibility of the Buyer. 4 Healthy Pets will only accept these products if they are returned in good condition and under the proper conditions for storing the products.
The goods remain the property of 4 Healthy Pets until full payment of the price and any additional charges.
4 Healthy Pets cannot be held responsible for the expiration or exceeding of the Best Before Date (BBD) or Use By Date (UBD), nor for non-compliance with the indicated storage and preservation conditions.
8. Force Majeur
In the event of war, strike, lockout, fire, machinery breakdown, traffic obstructions, failure of suppliers, government-imposed measures, shortage of personnel, or any other causes that prevent 4 Healthy Pets from fulfilling its obligations arising from the agreement, there shall be considered force majeure. These causes justify the delay or suspension of delivery deadlines or even the complete or partial suspension, revision, or termination of the agreement, without the Buyer being entitled to claim compensation from 4 Healthy Pets.
Our invoices are payable without deduction or setoff at the registered office of 4 Healthy Pets, and this, promptly within the term stated on the invoice. In the event of full or partial non-payment of the debt on the due date, the invoice amount will automatically and without notice be increased by a compensation of 10% on the outstanding amount, plus interest in accordance with the law of August 2, 2002, concerning the combating of late payment in commercial transactions. A partial payment will first be applied to the outstanding interest and then to the principal amount.
The partial or complete non-payment of an invoice on the due date, without valid reasons, results in the immediate maturity of all outstanding invoices, including those not yet due, even if grace periods have been granted. 4 Healthy Pets may always, even after payment, demand that the Buyer provide sufficient security, up to the full invoice amount, before the order is executed. The granting of a payment deferral gives 4 Healthy Pets the right to suspend or cancel any further delivery or sales order, without any right to compensation from the Buyer. The same applies to 4 Healthy Pets in the event of non-payment by the Buyer. If the Buyer invokes a defective delivery or claims a credit note, they can only suspend their payment obligation with the explicit written agreement of 4 Healthy Pets. Non-payment results in the loss of year-end discounts (to the extent granted) as well as any other discounts and premiums that may have been granted.
The Buyer is obliged to provide full cooperation to enable 4 Healthy Pets to retrieve the products from them and to keep the products carefully and sufficiently identifiable as the property of 4 Healthy Pets. If the Buyer is confronted with an attachment measure, they shall inform the executing bailiff about the retention of ownership by 4 Healthy Pets on the products that have not yet been paid for by the Buyer.
10. Privacy and Data Protection
By creating a user account, personal data of the Buyer is collected in the customer database of 4 Healthy Pets. The received personal data is only used for internal customer management purposes such as order fulfillment. They are not disclosed to other organizations for commercial purposes.
4 Healthy Pets complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
11. Dispute resolution and competent courts
Immediately upon receipt, the buyer is obliged to carefully inspect the products. Any complaint regarding a defective product must first be communicated to 4 Healthy Pets in a clear, written, and comprehensive manner, either by email (with a delivery receipt) or by registered letter, within five (5) working days from the date of receipt of the products, under penalty of forfeiture.
All obligations arising from this agreement are subject to Belgian law. Any dispute arising from this agreement will be exclusively settled by the competent courts of Ghent, division of Kortrijk, Belgium.