GENERAL TERMS AND CONDITIONS FOR CONSUMERS
Article 1 - Hofman
Where Hofman is mentioned in these general terms and conditions, Hofman Animal Care B.V. is meant. (also trading under the name Boerenwinkel.nl) registered in the trade register of the Chamber of Commerce under number 08103011 or Animal Platform Control B.V. registered in the trade register of the Chamber of Commerce under number 87720922, depending on who will be listed as the selling party in the order confirmation.Branch address: De Leemkoele 2, 7468 DM Enter
Phone number: +31 548 545277
E-mail address: info@boerenwinkel.nl
Article 2 - Applicability.
These general terms and conditions apply to every offer made by Hofman and to every agreement concluded between Hofman and a consumer (or equivalent (legal) person) and any subsequent agreements.
Article 3 - The Agreement
- The agreement is established at the time of the consumer's acceptance of the offer and the fulfillment of the conditions set forth therein.
- If the consumer has accepted the offer electronically, Hofman will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Hofman, the consumer may dissolve the agreement.
- Delivery is in principle made on the basis of advance payment. Hofman may, in cases where this is not the case, ascertain whether the consumer can fulfil his payment obligations as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If Hofman has good grounds on the basis of this investigation not to enter into the agreement, it is entitled to refuse an order or application or to attach special conditions to the execution, while stating its reasons.
Article 4 - Right of withdrawal
- The consumer can dissolve an agreement relating to the purchase of a product electronically for a period of 14 days without giving reasons.
- The cooling-off period referred to in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, received the product, or:
- if the consumer ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. Hofman.nl may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times;
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part;
- for contracts for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by the consumer, received the first product.
- The consumer may dissolve a service contract and a contract for the supply of digital content for 14 days without giving reasons. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.
Article 5 - Obligations of the consumer during the reflection period
- During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer shall only be liable for diminished value of the product resulting from a manner of handling the product beyond that permitted in paragraph 1.
Article 6 - Exercise of the right of withdrawal
- If the consumer exercises the right of withdrawal, he or she shall notify Hofman within the withdrawal period by means of the model withdrawal form or in another unambiguous manner in the manner indicated on https://www.boerenwinkel.nl/consumer-retour.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to Hofman. The costs of return are to be borne by the consumer.
- The consumer will return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the instructions provided by Hofman as stated on https://www.Hofman/consumer-retour .
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
Article 7 - Compensation in the event of withdrawal
- Except for the cost of return shipping, Hofman will refund all payments made by the consumer, including any delivery costs charged by Hofman for the returned product, without delay but within 14 days following the day on which the consumer informs him of the revocation but not before Hofman has received the product or until the consumer proves that he has returned the product, whichever is earlier.
- If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, Hofman does not have to refund the additional costs for the more expensive method.
Article 8 - Exclusion of the right of withdrawal.
Hofman excludes the following products and services from the right of withdrawal:
- Service agreements, after full performance of the service, to the extent that:
- the performance has commenced with the express prior consent of the consumer; and
- the consumer has declared that he loses his right of withdrawal once Hofman has fully performed the agreement;
- Products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products that after delivery are by their nature irrevocably mixed with other products;
- Veterinary medicines
Article 9 - The price
The prices mentioned in the offer of products or services include VAT.
Article 10 - Delivery and execution
- The place of delivery is the address that the consumer has made known to Hofman. Hofman reserves the right not to deliver within certain country areas.
- The risk of damage and/or loss of products rests with Hofman.nl until the moment of delivery to the consumer or a representative designated in advance and made known to Hofman.nl, unless expressly agreed otherwise.
Article 11 - Duration transactions
- The consumer may terminate an agreement entered into for an indefinite period of time, which extends to the regular delivery of products or services, at any time in compliance with termination rules agreed upon for that purpose.
- The consumer may terminate a fixed-term contract that has been concluded for the regular delivery of products or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period of one month.
Article 12 - Payment
- Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer should be paid in advance or - if not applicable - within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period begins on the day after the consumer receives the confirmation of the agreement.
- The consumer has a duty to immediately report inaccuracies in payment information provided or stated to Hofman.
- If the consumer does not meet his payment obligation(s) on time, the consumer, after he has been notified by Hofman.nl of the late payment and Hofman.nl has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, owes the statutory interest on the amount still owed and Hofman.nl is entitled to charge the extrajudicial collection costs incurred by him.
Article 13 - Complaints
- Complaints about the performance of the agreement must be submitted to Hofman fully and clearly described within a reasonable time after the consumer discovers the defects.
- Complaints submitted to Hofman.nl will be answered within a period of 14 days from the date of receipt. The client will then receive a substantive response from Hofman.nl. If a complaint requires a foreseeably longer processing time, Hofman will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
Article 14 - Applicable law and competent court
- Only Dutch law applies to agreements between Hofman and the consumer to which these general terms and conditions relate.
- All disputes arising from or related to the agreement between Hofman and consumer will be settled by the competent court in Almelo.