General terms and conditions

Euro Joe, Moorslede, Belgium

Article 1. Applicability

1. These general terms and conditions apply to all our offers and to all agreements we enter into, however named. In particular, these terms and conditions also apply to agreements we enter into for the delivery of goods to our buyers.


2. Where these general terms and conditions refer to the “buyer”, this means any natural or legal person who has a contractual relationship with us under a purchase agreement concluded with us, or who wishes to enter into another type of agreement. The “buyer” also includes the person on whose instructions and for whose account goods are delivered.


3. Deviations from these general terms and conditions are only possible if and insofar as they have been expressly agreed in writing.


4. If the buyer also refers to (its own) general terms and conditions, the buyer’s terms and conditions do not apply. This is only different if and insofar as the buyer’s terms and conditions do not conflict with our general terms and conditions; in the event of a conflict, only our terms and conditions apply. Any contrary provision in the buyer’s terms and conditions does not affect the above.


5. Where these general terms and conditions refer to the “delivery of products”, this also includes the provision of services and work of any kind.


6. All products offered on euro-joe.com, including products of other brands such as KONG, are sold by Euro Joe. The purchase agreement is concluded exclusively between the buyer and Euro Joe. The manufacturer or brand owner is not a party to the sale. Returns, refunds and exchanges are governed exclusively by the terms and conditions of Euro Joe, and not by those of the manufacturer or brand owner.

Article 2. Quotations

1. All our quotations are to be regarded as invitations to the potential buyer to make an offer. They are therefore in no way binding on us, unless the quotation itself expressly and unambiguously (in writing) states otherwise. An order placed with us counts as an offer, which is only deemed accepted by us after our written confirmation (the order confirmation).


2. Our quotations include, in particular also with regard to the previous paragraph: designs, drawings, models, samples, descriptions, images and the like, as well as any annexes and documents relating to our quotations. All of this, as well as any tools we have made in this connection, remains our property, must be returned to us at our request and may not be copied and/or given to third parties without our express written permission. We also reserve all intellectual and industrial property rights that may exist.


3. If the order to which our quotation relates is not placed with us within 3 months of the date of our quotation, we may charge the buyer the costs we incurred in making our quotation, including the costs of making the tools referred to in the previous paragraph.

Article 3. Formation of the agreement

1. An agreement with us is only formed when we have accepted an order placed with us in writing. An agreement is deemed to have been formed at the moment we send the order confirmation.


2. The buyer is bound by its order, in whatever form it was given to us, for a period of 8 days after the date of the order or (in the case of a verbal order) after the order was placed. A statement by the buyer that it wishes to cancel or change its order, made during this 8-day period, therefore cannot prevent an agreement being formed on the basis of the (original) order if we still accept/confirm the order within this 8-day period.


3. The order confirmation we send to the buyer is deemed to reflect the content of the agreement fully and accurately. The buyer is deemed to agree with the content of our order confirmation, unless it informs us in writing within 8 days of the date of our order confirmation that it does not agree with the content.


4. Any additional arrangements and/or commitments made by our employees, or made on our behalf by other persons acting as representatives, are only binding on us if they have been confirmed in writing by our director(s) authorised to represent us.

Article 4. Prices

1. Our prices include VAT and, unless expressly agreed otherwise in writing, exclude packaging, transport costs and other costs.


2. The prices stated in quotations, contracts and order confirmations are based on the cost factors applicable at the time the agreement is concluded, such as exchange rates, manufacturers’ prices, raw material and material prices, wage and transport costs, insurance premiums, taxes, import duties and other government levies.


3. We reserve the right, if one or more of the cost factors increase after the date the agreement was concluded but before the day of delivery, to charge these increases to the buyer. In such a case we also have the right to declare the agreement wholly or partly dissolved without judicial intervention. The buyer also has this latter right, but only if, within 1 month of concluding the agreement, we take the position that changes in costs result in an increase of the price stated in the order confirmation. If the buyer exercises this right, it must invoke the dissolution by registered letter within 7 days of receiving our notice to that effect.

Article 5. Delivery times

1. The delivery times we state begin on the day the agreement is formed, provided we have all the information we need to carry out the order. The delivery times we state are never to be regarded as strict deadlines, unless expressly agreed otherwise in the individual agreement.


2. Unless the order confirmation states otherwise, goods are delivered carriage paid when the invoice amount exceeds €150 (one hundred and fifty euros). Otherwise, the goods travel at the buyer’s expense and risk. Unless agreed otherwise, we deliver to foreign buyers ex warehouse. Export and import clearance is arranged by us, but is at the buyer’s expense.


3. Unless buyers arrange their own carrier, the goods are shipped by us in the way we consider most favourable, with carriers of our choice, at the buyer’s expense and risk. The amount payable may vary depending on weight and volume, and the buyer can request the exact amount before purchase.


4. If a buyer requests delivery of goods in a way other than the usual way, we may charge the associated costs to the buyer.


5. If delivery takes place in parts, we have the right to regard each delivery as a separate transaction.


6. The buyer is obliged to take delivery of the goods purchased within the agreed time. If it fails to do so, we are entitled, at our discretion, to request the competent court to release us from our obligation to deliver the agreed goods, or to demand payment of the purchase price of the part not taken without prior notice of default. If the buyer does not meet its payment obligation, we are entitled to declare the agreement dissolved without judicial intervention. If we demand payment of the purchase price in accordance with the above, the goods are deemed to have been delivered and we will store them at the buyer’s expense and risk, against reimbursement of all resulting costs.

Article 6. Complaints by the buyer

1. The buyer guarantees the accuracy and completeness of, and is responsible for, the information it has provided to us. With regard to the information, dimensions, colour fastness and the like provided by us in our quotation (or in what forms part of it under Article 2(2)), the buyer must take into account the usual tolerances and minor changes in the goods we deliver. This applies in particular to deviations from the agreed quantity; here too the buyer must take the usual tolerances into account. The goods we deliver may therefore deviate from the description in the order insofar as this concerns minor differences in size, differences in quantity and minor changes.


2. Complaints by the buyer relating to visible defects in goods must be reported to us by the buyer within 14 days of delivery. This must be done by registered letter containing a clear and precise description of the complaint and stating the invoice with which the goods concerned were invoiced. The buyer must carry out a careful and timely inspection.


3. Defects that were not visible at the time of delivery, and could not have been found during a careful and timely inspection, must be reported to us by the buyer within 14 days of these defects coming to light, in the manner stated in paragraph 2.


4. Any right of claim of the buyer against us in respect of defects in the goods we have delivered lapses if:
   
   
   
   • the defects have not been reported to us within the periods set in paragraphs 2 and 3 and/or not in the manner stated there;
   
   
   • the buyer does not cooperate, or does not cooperate sufficiently, with an investigation into the validity of the complaints;
   
   
   • the buyer has not installed, handled, used, stored or maintained the goods properly, or has used or handled the goods under circumstances or for purposes other than those we intended;
   
   
   • the buyer continues to use the goods to which the complaints relate;
   
   
   • the warranty period stated in the individual agreement has expired.
   
   
5. In disputes about the quality of the goods we have delivered, a reputable agency appointed by us will make a binding decision.

Article 7. Liability

1. The statutory warranty applies to all products we deliver. Our liability is limited to defects resulting from manufacturing and material faults. Colours of the products delivered may differ from those in the photos. The return of these products is always at the buyer’s expense.


2. In the event of a complaint, if we establish that the complaint regarding quality is justified and we are liable as referred to in paragraph 1, we are only obliged, at our discretion, to:
   
   
   
   • repair the defects (free of charge);
   
   
   • deliver replacement goods or parts, after receiving back the defective goods or parts;
   
   
   • refund the purchase price received or credit the invoice sent to the buyer, with dissolution of the agreement without judicial intervention, all insofar as the purchase price, the invoice and the agreement relate to the defective goods delivered;
   
   
   • pay compensation in a form other than those referred to above, to be agreed with the buyer.


3. If the buyer has carried out or had carried out repairs and/or modifications to the goods without our prior, express and written permission, any warranty obligation on our part lapses.


4. Subject to any obligations we have under the above, we are never obliged to pay any compensation to the buyer or others, unless there is intent or fault on our part. In particular, we are never liable for consequential or business loss, direct or indirect damage of any kind, including loss of profit and downtime, suffered by the buyer, its subordinates, persons employed by or through it, or third parties, arising from full or partial (re)deliveries of goods, delayed or faulty delivery, failure to deliver goods, or from the goods themselves.


5. The buyer is entitled to return the goods without giving any reason within 14 days of receipt. You will then be refunded the full order amount, including shipping costs, within 14 calendar days of receipt of the return parcel. The refund is made via the same payment method as the original payment. The costs of the return shipment are for the buyer, unless the return is the result of a mistake by Euro Joe (for example, a wrong or damaged item delivered). In that case, Euro Joe will provide the buyer with a return label. If you exercise your right of withdrawal, the product must be returned to us with all accessories supplied and in its original condition and packaging. To exercise this right, fill in the return form (available for download on our website) and send it back together with the items. You can also notify us of your withdrawal at info@euro-joe.com.


6. The following products cannot be returned:
   
   
   
   • products made by us according to the customer’s specifications;
   
   
   • products that are clearly personal in nature (personalised, embroidered, …);
   
   
   • products that are dirty, worn or used, such as worn clothing or arm and leg protectors that have been bitten.


7. The buyer is obliged to indemnify us against all claims that third parties may make against us in connection with the performance of the agreement, insofar as the law does not prevent the damage and costs arising from these claims from being borne by the buyer.

Article 8. Retention of title and security

1. Goods delivered by us remain our property until full payment of everything the buyer owes us under, in connection with or arising from the goods we have delivered. If we consider it necessary, we have the right to demand security from the buyer for the fulfilment of its obligations.


2. The buyer does not have the right to pledge the unpaid goods, to create a non-possessory pledge on them or to create any other real or personal right on them in favour of a third party.


3. Without prejudice to the above provisions of this article, the buyer is permitted to sell the goods to third parties, but only in the course of its normal business operations. In that case, the buyer is obliged to transfer the money received to us without delay or, if the sale was not for cash, to assign the receivables obtained to us without delay.


4. If, as a result of processing or treatment by the buyer, our ownership of the goods we delivered has been lost, the buyer is obliged to create a non-possessory pledge in our favour without delay on the goods created after the processing or treatment.


5. We are entitled at any time to take back the goods that are with the buyer (or third parties) but belong to us, as soon as we can reasonably assume that there is a real risk that the buyer will not meet its obligations. The above is without prejudice to our rights under general law; in particular, we also retain the right to claim compensation from the buyer after taking back the goods.


6. The buyer is obliged to insure the unpaid goods against fire and theft and to provide proof of this insurance at our request.

Article 9. Payment

1. Payment must be made in euros, unless agreed otherwise, without any deduction or discount, in cash at our place of business, by credit card or by transfer to a bank account designated by us, in all cases before delivery of the goods concerned, or at the latest within 7 days of the invoice date, all unless expressly agreed otherwise in writing. In the case of payment by bank, the day our bank account is credited counts as the day of payment.


2. If the buyer does not make (full) payment on time, it is in default without any further notice of default being required. In that case we have the right, if and insofar as there is a sufficient connection with the buyer’s failure to perform, to suspend the performance of all our obligations towards the buyer, without prejudice to all our rights under general law.


3. We are also entitled to require cash payment before delivery of the goods, or a guarantee of timely payment, for all deliveries still to be made. In that case we are further entitled to dissolve the agreement without judicial intervention, in which case the buyer is obliged to return the goods delivered or otherwise undo the performance we have rendered, without prejudice to our right to compensation. If the buyer remains in default of timely payment, it owes us, or our credit insurer, without further notice, from the due date until the day of full payment, interest equal to the statutory interest plus 10% per year, calculated on the unpaid amount, which is immediately due without further notice of default. All costs involved in collecting invoiced amounts (including extrajudicial collection costs) are for the buyer’s account. The extrajudicial collection costs amount to at least 10% of the principal sum, with a minimum of €100, all excluding VAT. In addition, all adverse consequences of exchange rate losses or otherwise arising from late payment or non-payment are for the buyer’s account, even if the buyer would have met its payment obligations on time under the rules applicable in its country, but circumstances or measures beyond its control have caused the transfer to take place in a way that is unfavourable to us.


4. Payments are first applied to the costs referred to in paragraph 3, then to the accrued interest and finally to the principal sum and the current interest.


5. If the buyer’s financial position deteriorates considerably after the agreement has been concluded but before the goods have been delivered, we are entitled to refrain wholly or partly from further performance of the agreement, or to demand a change in the payment terms.


6. We may assign our receivables from all transactions to a credit insurer of our choice.

Article 10. Force majeure

Force majeure means any circumstance beyond our control that is of such a nature that performance of the agreement cannot reasonably be required of us (non-attributable failures in performance). Force majeure also includes: war, riots and hostilities of any kind, blockades, boycotts, natural disasters, epidemics, shortage of raw materials, obstruction and interruption of transport options, disruptions in our business, import and export restrictions or bans, internet outages, website outages, and obstacles caused by measures, laws or decisions of international, national and regional (government) authorities.

If, due to force majeure, we cannot meet our delivery obligation, or cannot meet it properly or on time, we are entitled, at our discretion, to regard the agreement or the part not yet performed as dissolved, or to suspend it for a definite or indefinite period. In the event of force majeure, the buyer cannot hold us liable for compensation.

Article 11. Applicable law

Belgian law applies exclusively to the quotations we make and to all agreements we enter into.

Article 12. Dispute resolution

All disputes of any kind relating to or arising from agreements we have entered into and deliveries we have made will be settled by the competent court in Ypres (Ieper), Belgium.

Article 13. Disclaimer

All information and advice given by Euro Joe about nutritional supplements has been compiled from various sources. Please note that the information on this website has not been evaluated by medical experts. The text is only an informative guide and cannot be used as a substitute for the advice of a veterinarian. The nutritional supplements cannot be regarded as means to diagnose, treat, cure or prevent diseases. Always consult a veterinarian before following the recommendations on this website.

The content of this website is compiled by Euro Joe with great care and accuracy. Nevertheless, it is possible that what is published is incorrect or incomplete. Euro Joe cannot be held responsible for this. The site is regularly updated and/or supplemented. Euro Joe accepts no liability for any direct or indirect damage of any kind arising from or related to the website and the information it contains. Euro Joe only wishes to inform interested parties about the possibilities nutritional supplements can offer and how they can contribute to better health for your animal.

Euro Joe, Moorslede, Belgium