1. Identification and applicability
Without prejudice to the application of any special conditions in a separate written agreement, the following general conditions shall apply to all promotions, proposals, offers and agreements concluded between 4 Healthy Pets NV with registered office at Spinnerijstraat 101/00023, 8500 Kortrijk and KBO number 0550.614.263 (including its affiliated companies) and a professional practitioner (hereinafter "Buyer"), as well as to all agreements concluded with 4 Healthy Pets whereby third parties are used for the execution thereof.
4 Healthy Pets reserves the right to modify its general conditions. This version entered into force on 1 July 2023 and is valid as version 1.0. Should any provision of these terms and conditions be unenforceable or conflict with a provision of mandatory law, this shall not affect the validity and enforceability of the remaining provisions. In such situation, the unenforceable or conflicting provision will be replaced by an enforceable and legally valid provision that is as close as possible to the purpose of the original provision.
The Buyer expressly declares to have taken note of the general terms and conditions mentioned below and to accept their content in full and without reservation. The application of any general terms and conditions of the Buyer (regardless of what name the Buyer gives them, such as e.g. "purchase conditions", "supplier conditions", ...) is expressly rejected, unless otherwise agreed in writing (in which case in case 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 the placing of an order leads to the acceptance of the general conditions described below, as the text of these general conditions is communicated in the process of placing an order and the Buyer always has the opportunity to consult this text. If the Buyer accepts the general terms and conditions, he also declares having sufficient command of the language of the general terms and conditions. This version of the general terms and conditions will be available in several languages. In case of doubt about a certain clause, the version in Dutch will prevail.
An offer contains a complete and accurate description of the products offered, so that it is clear to the Buyer what rights and obligations are attached to the acceptance of the offer. If an offer has a limited period of validity or is made subject to conditions, this will be stated in the offer.
All offers made by 4 Healthy Pets are without obligation and are made in writing, they have no binding effect. Sending an offer and/or other documentation does not oblige 4 Healthy Pets to accept an order. This always requires the express agreement of 4 Healthy Pets.
4 Healthy Pets uses pictures, which illustrate the offered products. These used images are purely illustrative and do not bind 4 Healthy Pets.
3. The agreement and performance
After the Buyer places an order 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 e-mail 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 which products from the order are out of stock and therefore will not be accepted as ordered. It is the responsibility of the Buyer to subsequently re-order these products if required.
Orders must have a minimum amount in each case to be exempt in paying the transport cost by the Buyer. The minimum order amount will be communicated by 4 Healthy Pets to the Buyer by contract. If the Buyer is not aware of the minimum amount, he should contact 4 Healthy Pets.
For each order, for delivery by shop, that does not meet the minimum order amount, 4 Healthy Pets will charge the Buyer a flat rate for intervention in transport costs. If the Buyer is not aware of the flat-rate amount, he should contact 4 Healthy Pets.
If it is impossible to fulfil the order, 4 Healthy Pets undertakes to inform the Buyer within five (5) working days of 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 giving reasons. 4 Healthy Pets has the right, if it deems it necessary or desirable, for the correct execution of the agreement, to engage third parties and to charge the costs of this to the Buyer.
Commercial cooperation agreements must be laid down in a separate written contract between the two parties. Our general terms and conditions supplement and apply to such agreements. In case a concrete commercial cooperation agreement was concluded, the text of that commercial cooperation agreement takes precedence over the text of these general terms and conditions.
4. The price
The prices mentioned in the offer of products are displayed exclusive of VAT. Prices do not include transport costs unless the purchaser places an order for more than the agreed minimum order amount.
Prices remain fixed and unchanged for the period of validity 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 forced to implement price increases, it shall inform the Buyer in writing 2 months prior to the implementation of the automatic price increase, unless otherwise agreed in a separate written agreement.
5. Cancellation, suspension and dissolution
If the Buyer, after the agreement has been definitively concluded, wishes to cancel, and 4 Healthy Pets agrees, 25% of the price (excluding VAT) will be charged as a cancellation fee. 4 Healthy Pets reserves the right to claim full compensation for costs effectively incurred in the meantime, insofar as 4 Healthy Pets can prove these costs.
4 Healthy Pets has the right to suspend their obligations if:
- The Buyer does not fully fulfil his obligations under the agreement or there is a well-founded suspicion for this.
- The Buyer dies, is placed under guardianship, falls under the WCO or is declared bankrupt.
- The Buyer fails to pay an invoice amount or part 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 dissolve the agreement without compensation if circumstances arise which are of such a nature that fulfilment of the agreement is impossible or can no longer be demanded by standards of reasonableness and fairness.
If the Buyer fails to fulfil his purchase and/or other obligations, 4 Healthy Pets is authorised to dissolve the agreement and claim damages for non-fulfilment of the agreement.
6. Conformity, warranty and indemnity
4 Healthy Pets endeavours to the best of its ability to provide the Buyer with a conforming product as shown in the offer, which corresponds to reasonable usability/serviceability 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 to the products sold, services rendered or work performed, on the part of the Buyer or third parties, is expressly excluded. The total financial liability is always limited to the invoice value of the products delivered. Consequential damage, indirect damage and loss of profit are always excluded.
4 Healthy Pets does not guarantee products that have been damaged intentionally or by negligence of the Buyer, or have not been used in accordance with its instructions. The Buyer bears the burden of proof regarding the damage or defect of the product.
The Buyer shall clearly announce in advance its place of delivery or that of its representative. The Buyer is obliged to accept the delivered products when they are delivered to the place of delivery notified by him or when the goods are made available to him in accordance with the agreement. All information provided by the purchaser to 4 Healthy Pets, such as the data belonging to the order, are binding. 4 Healthy Pets is not liable for any damage resulting from incorrect information supplied by the Buyer.
Delivery of products takes place while stocks last. If stock is exhausted, 4 Healthy Pets will inform the Buyer. No compensation is due in the event of exhausted stock.
4 Healthy Pets will always approximate the delivery time taking into account known circumstances. Exceeding the agreed delivery time shall in no case give rise to compensation, penalty or cancellation of the order or assignment.
Unless otherwise agreed, the risk of delivery for complete or partial damage and/or complete or partial loss rests with 4 Healthy Pets until the moment of receipt by the Buyer or his representative. In case of delivery of faulty products, 4 Healthy Pets will bear the product and transport costs when these faulty products are returned by the Buyer and received by 4 Healthy Pets.
Transport costs for returned goods due to faulty orders by the Buyer, shall be borne by the Buyer. 4 Healthy pets will also accept these products only if they are returned in good condition and under correct conditions of storage of the products.
The goods remain the property of 4 Healthy Pets until full payment of the price and any additional services.
4 Healthy Pets cannot be held responsible for the expiry or exceeding of the BBD or UBD, nor for the non-compliance with the stated safekeeping and storage conditions.
8. Force Majeur
In case of war, strike, lock-out, fire, machinery breakdown, traffic impediments, default of suppliers, forced government measures, staff shortage or in case of any other causes which prevent 4 Healthy Pets from properly executing its obligations arising from the agreement, force majeure shall exist. These causes justify the delay or suspension of delivery deadlines or even the complete or partial suspension, revision or dissolution of the agreement, without the Buyer being able to claim damages from 4 Healthy Pets.
Our invoices are payable, without deduction or set-off, at the head office of 4 Healthy Pets, strictly within the time limit mentioned on the invoice. In case of full or partial non-payment of the debt by the due date, the invoice amount will be increased, by right and without formal notice, by a compensation of 10% on the outstanding amount, to be increased with interest in accordance with the law of 2 August 2002 concerning the fight against late payment in commercial transactions. A partial payment will first be charged on the outstanding interest and only then on the principal amount.
The partial or total non-payment of an invoice on the due date, without serious reasons, implies the immediate exigibility of all outstanding invoices - including those not yet due - even if grace periods are granted. 4 Healthy Pets may always, even after payment, demand that the buyer provide him with a sufficient guarantee, going up to the full invoice amount, before the order is executed. The granting of postponement of payment entitles 4 Healthy Pets to suspend or cancel any further delivery or sales order, without any right to compensation on the part of the Buyer. The same applies to 4 Healthy Pets in case of default of payment by the Buyer. If the Buyer invokes a defective delivery or claims a credit note, he can only suspend his payment obligation with the express written agreement of 4 Healthy Pets. Non-payment causes loss of end-of-year discount (insofar as it was granted) as well as all other possibly granted discounts and premiums.
The Buyer is obliged to provide full cooperation to enable 4 Healthy Pets to retrieve from him concerning the products and to keep the products carefully and sufficiently recognisable as the property of 4 Healthy Pets. If the Buyer is faced with an attachment order, the Buyer shall inform the executing bailiff of 4 Healthy Pets' retention of title to 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 are collected in the customer database of 4 Healthy Pets. The personal data received will only be used for internal customer management such as order fulfillment. They are not passed on to other organisations for commercial purposes.
The 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 is complied with by 4 Healthy Pets.
11. Dispute resolution and competent courts
Immediately upon receipt, the Buyer is obliged to carefully inspect the products. A complaint for defective product must first be communicated in a clear, written and well-organised manner via e-mail (with acknowledgement of receipt) or registered letter to 4 Healthy Pets within five (5) working days from the date of receipt of the products on pain of forfeiture.
All obligations arising herefrom are subject to Belgian law. Any dispute arising herefrom shall be settled exclusively by the competent courts of Ghent, department Kortrijk, Belgium.