Pet Bros. Exclusive B.V.
1 Definitions The following definitions are used in these Terms and Conditions: Offer: Products offered by PET BROS. EXCULSIVE, to be qualified as the unilateral legal act of offering within the meaning of article 6:217 Dutch Civil Code. Acceptance: the acceptance by the Purchaser of the Offer of PET BROS. EXCULSIVE, to be qualified as the unilateral legal act of acceptance within the meaning of Article 6:217 of the Dutch Civil Code, as a result of which an Agreement within the meaning of Article 6:217 of the Dutch Civil Code is created. Such acceptance need not be in Writing. Ex Works: Translation Ex Works, in accordance with Incoterms. Consumer: Every natural person who enters into an Agreement with PET BROS. EXCULSIVE an Agreement, other than in the exercise of a profession or business. Unless otherwise stated, in these Terms and Conditions, Buyer shall also be understood to be a consumer. Commercial Agreement: An Agreement made between PET BROS. EXCULSIVE and Buyer, not being a Consumer. Buyer: The legal or natural person, who issues an Order to PET BROS. EXCULSIVE regarding the delivery of Products. Agreement: All existing and future agreements between PET BROS. EXCULSIVE and Buyer relating to the Order and the delivery of Products. Assignment: All existing and future assignments from Buyer to PET BROS. EXCULSIVE with respect to the delivery of Products. Parties: PET BROS. EXCULSIVE and Purchaser. Products: All products offered and delivered by PET BROS. EXCULSIVE offered and delivered veterinary drugs and or other animal related products and other items. Written: By mail or e-mail. PET BROS. EXCULSIVE: The selling party. Terms and Conditions: The most recent version of these General Terms of Sale and Delivery of PET BROS. EXCULSIVE, also filed with the Chamber of Commerce in Nijmegen.
2.1 Name: Pet Bros. Excusive B.V. Visiting and postal address: Dick Flemmingstraat 23, 5161CA Telephone number: 0031(0)88 0111133 E-mail address: [email protected] Chamber of Commerce number: 67777392 VAT identification number: NL857170016B01
3.1 These Terms and Conditions apply to and form part of all existing and future quotations, assignments and Agreements of PET BROS. EXCULSIVE.
3.2 Applicability of Buyer's general (purchase) conditions is hereby expressly excluded.
3.3 In case of conflict between the text of the Terms and Conditions and the Agreement, the provisions of the Agreement shall prevail.
3.4 The Terms shall also apply to all Agreements concluded between PET BROS. EXCULSIVE and the other parties involved by PET BROS. EXCULSIVE, which third parties are engaged for the execution of the Agreement. The third parties engaged by PET BROS. EXCULSIVE may - if directly sued by Buyer - invoke the Terms against Buyer. 3.5 In the event PET BROS. EXCULSIVE at any time does not (immediately) exercise its rights under the Agreement and/or the Terms and Conditions, this shall not affect its right and possibility to do so in the future for reasons of its own.
3.6 If one of the provisions of the Agreement or these Conditions proves to be void or voidable, the Agreement and the Conditions will remain in force in all other respects. The parties will then consult to agree on a new provision, which provision will be asPET BROS. EXCULSIVEl as possible in accordance with the purpose and intent of the void or voided provision.
3.7 The applicability of the Vienna Sales Convention is excluded.
3.8 PET BROS. EXCULSIVE is entitled to unilaterally amend these General Terms and Conditions. Buyer shall be deemed to have accepted the relevant amendment, if PET BROS. EXCULSIVE does not accept such amendment within ten days after the date of receipt by PET BROS. EXCULSIVE ten days after written notification from PET BROS. EXCULSIVE that amendment will take place, Buyer has received a Written protest against it.
3.9 In the event of any disagreement regarding the interpretation of the Terms and Conditions, the Dutch text shall always be binding.
4.1 Changes and deviations from the Agreement and the Conditions must be agreed explicitly, In Writing and in advance by the Parties. If changes are passed on in any other way, the risk of implementing the change shall be borne by Buyer.
4.2 PET BROS. EXCULSIVE reserves the right to amend the text of the Terms and Conditions and shall notify Buyer accordingly.
5.1 All offers of PET BROS. EXCULSIVE are without obligation and are made on the basis of the prices and specifications valid at the time of the offer subject to typing errors and changes. Offers are based on delivery under normal circumstances during normal working hours.
5.2 If a non-binding offer is accepted by Buyer, PET BROS.