Terms and Conditions

I. Anthonisse trading as Micky's Favorites (hereinafter: Micky's Favorites) is registered with the Chamber of Commerce under number 83759522 and is located at Beethovenstraat 583 (1083HK) in Amsterdam.

Article 1 – Definitions

1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise:
2. Offer: Any written offer to Buyer for the delivery of Products by Seller to which these terms and conditions are inseparably linked.
3. Consumer: The natural person who is not acting in the exercise of a profession or business.
4. Buyer: the Consumer who enters into a (distance) Agreement with the Seller.
5. Agreement: The purchase agreement (at a distance) that extends to the sale and delivery of Products purchased by the Buyer from Micky's Favorites.
6. Products: The Products offered by Micky's Favorites are accessories and snacks for dogs.
7. Seller: The supplier of Products to Buyer, hereinafter: Micky's Favorites.

Article 2 – Applicability

1. These general terms and conditions apply to every Offer from Micky's Favorites and every Agreement between Micky's Favorites and a Buyer and to every Product offered by Micky's Favorites.
2. Before concluding a (remote) Agreement, the Buyer will be provided with these general terms and conditions. If this is not reasonably possible, Micky's Favorites will indicate to the Buyer how the Buyer can view the general terms and conditions, which are published on the Micky's Favorites website, so that the Buyer can easily save these general terms and conditions on a durable data carrier.
3. In exceptional situations, these general terms and conditions may be deviated from if this has been explicitly agreed in writing with Micky's Favorites.
4. These general terms and conditions also apply to additional, amended and subsequent agreements with the Buyer.
5. If one or more provisions of these general terms and conditions are or become partially or completely null and void, the other provisions of these general terms and conditions will remain in force and the null and void/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
6. Any ambiguities regarding the content, explanation or situations not covered by these general terms and conditions should be assessed and interpreted in accordance with the spirit of these general terms and conditions.
7. Where these terms and conditions refer to she/her, this should also be understood as a reference to he/him/his, if and to the extent applicable.

Article 3 – The Offer

1. All offers made by Micky's Favorites are non-binding, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer is only valid if it is recorded in writing.
2. The Offer made by Micky's Favorites is non-binding. Micky's Favorites is only bound by the Offer if the Buyer has already paid the amount due. Nevertheless, Micky's Favorites reserves the right to refuse an Agreement with a potential Buyer for a reason that Micky's Favorites deems justifiable.
3. The Offer contains an accurate description of the Product offered and its associated prices. The description is sufficiently detailed to enable the Buyer to properly assess the Offer. Obvious errors or mistakes in the Offer are not binding on Micky's Favorites. Any images and specific information in the Offer are for illustrative purposes only and cannot constitute grounds for any compensation or termination of the (remote) Agreement. Micky's Favorites cannot guarantee that the colors in the image exactly match the actual colors of the Product.
4. Delivery times and terms stated in the Micky's Favorites Offer are indicative and do not entitle the Buyer to cancellation or compensation if they are exceeded, unless expressly agreed otherwise.
5. A composite price quote does not obligate Micky's Favorites to supply part of the items included in the offer or quotation for part of the quoted price.
6. If and insofar as a special offer is available, this does not automatically apply to reorders. Offers are only valid while supplies last, and on a first-come, first-served basis.

Article 4 – Conclusion of the Agreement

1. The Agreement is concluded at the moment that Buyer has accepted an Offer from Micky's Favorites by paying for the relevant Product.
2. An Offer can be made by Micky's Favorites via the website.
3. If the Buyer has accepted the Offer by concluding an Agreement with Micky's Favorites, Micky's Favorites will confirm the Agreement with the Buyer in writing, or at least by e-mail.
4. If the acceptance (on minor points) deviates from the Offer, Micky's Favorites is not bound by it.
5. Micky's Favorites is not bound by an Offer if the Buyer could reasonably have expected, or should have understood, that the Offer contained an obvious error or typographical error. The Buyer cannot derive any rights from this error or typographical error.
6. The Buyer has the right to exercise their right of withdrawal within the statutory period of 14 days. If withdrawal is applicable, the Buyer will handle the Product and its packaging with care. They will only unpack or use the Product to the extent necessary to determine the nature, characteristics, and functioning of the Product. The direct costs of returning the Product are borne by the Buyer.
7. Products that cannot be returned after breaking the seal due to limited shelf life or hygiene reasons are excluded from the right of withdrawal. This is explicitly stated in the Offer.

Article 5 – Execution of the Agreement

1. Micky's Favorites will execute the Agreement to the best of its knowledge and ability.
2. If and to the extent that proper performance of the Agreement so requires, Micky's Favorites has the right to have certain work carried out by third parties at its own discretion.
3. The Buyer shall ensure that all data that Micky's Favorites indicates is necessary, or that the Buyer reasonably should understand is necessary, for the performance of the Agreement, are provided to Micky's Favorites in a timely manner. If the data required for the performance of the Agreement are not provided to Micky's Favorites in a timely manner, Micky's Favorites shall have the right to suspend the performance of the Agreement.
4. In performing the Agreement, Micky's Favorites is not obligated or required to follow the Buyer's instructions if this changes the content or scope of the Agreement. If the instructions result in additional work for Micky's Favorites, the Buyer is obligated to reimburse the additional costs accordingly.
5. Micky's Favorites may request security from the Buyer or full advance payment before proceeding with the execution of the Agreement.
6. Micky's Favorites is not liable for any damage of any nature whatsoever arising from Micky's Favorites's use of incorrect and/or incomplete information provided by the Buyer, unless Micky's Favorites was aware of this inaccuracy or incompleteness.
7. The Buyer shall indemnify Micky's Favorites against any claims from third parties who suffer damage in connection with the performance of the Agreement and which are attributable to the Buyer.

Article 6 – Delivery

1. If the commencement, progress, or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it in a timely manner, has not cooperated sufficiently, has not received the payment in a timely manner by Micky's Favorites, or if any delay occurs due to other circumstances beyond the control of Micky's Favorites, Micky's Favorites is entitled to a reasonable extension of the delivery period. All agreed delivery periods are never final deadlines. The Buyer must notify Micky's Favorites in writing of the default and grant them a reasonable period in which to deliver. The Buyer is not entitled to any compensation for damages arising from the delay.
2. If the Buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, Micky's Favorites is entitled to store the items at the Buyer's expense and risk.
3. If the Products are delivered by Micky's Favorites or an external carrier, Micky's Favorites is entitled, unless otherwise agreed in writing, to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
4. If Micky's Favorites requires data from the Buyer in the context of the execution of the Agreement, the delivery time will only commence after the Buyer has made all data necessary for the execution available to Micky's Favorites.
5. If Micky's Favorites has specified a delivery time, this is an estimate. Longer delivery times apply for deliveries outside the Netherlands.
6. Micky's Favorites is entitled to deliver the goods in parts, unless otherwise agreed upon in the Agreement or the partial delivery has no independent value. Micky's Favorites is entitled to invoice the goods delivered separately.
7. Deliveries will only be made if all invoices have been paid, unless expressly agreed otherwise. Micky's Favorites reserves the right to refuse delivery if there is a reasonable fear of non-payment.

Article 7 – Packaging and transport

1. Micky's Favorites undertakes to the Buyer to properly package and secure the items to be delivered in such a way that they reach their destination in good condition under normal use.
2. Unless otherwise agreed in writing, all deliveries are inclusive of sales tax (VAT), including packaging and packaging materials.
3. Accepting goods without any comments or remarks on the consignment note or receipt serves as proof that the packaging was in good condition at the time of delivery.

Article 8 – Investigation, complaints

1. The Buyer is obligated to inspect the delivered goods upon delivery, but in any case within 14 days of receipt of the delivered goods, or to have them inspected, but only to the extent necessary to assess whether the Buyer retains the Product. In doing so, the Buyer must examine whether the quality and quantity of the delivered goods correspond to the Agreement and whether the Products meet the requirements applicable to them in normal (commercial) transactions.
2. The Buyer is obligated to investigate and inform themselves about how the Product should be used and, if used personally, to test the Product in accordance with the instructions. Micky's Favorites accepts no liability for the Buyer's incorrect use of the Product.
3. Any visible defects or shortages must be reported to Micky's Favorites in writing after delivery at info@mickysfavorites.com. The buyer has 14 days after delivery to do so. Non-visible defects or shortages must be reported within 14 days of discovery, but no later than 6 months after delivery. In the event of damage to the Product due to careless handling by the Buyer, the Buyer is liable for any diminished value of the Product.
4. If a complaint is made in a timely manner pursuant to the previous paragraph, the Buyer remains obligated to pay for the purchased items. If the Buyer wishes to return defective items, this may only be done with the prior written consent of Micky's Favorites and in the manner specified by Micky's Favorites.
5. If the Buyer exercises their right of withdrawal, they will return the Product and all accessories, to the extent reasonably possible, in their original condition and packaging to Micky's Favorites, in accordance with Micky's Favorites' return instructions. The direct costs of return shipping are at the Buyer's expense and risk.
6. Micky's Favorites is entitled to initiate an investigation into the authenticity and condition of the returned Products before refunding them.
7. Refunds to the Buyer will be processed as quickly as possible, but may take up to 14 days after receipt of the Buyer's notice of cancellation. Refunds will be made to the account number provided earlier.
8. If the Buyer exercises its right to make a complaint, the Buyer, being a Company, has no right to suspend its payment obligation nor to offset outstanding invoices.
9. In the absence of a complete delivery, and/or if one or more Products are missing, and this is attributable to Micky's Favorites, Micky's Favorites will, upon request from the Buyer, either send the missing Product(s) or cancel the remaining order. The confirmation of receipt of the Products is decisive in this regard. Any damages incurred by the Buyer as a result of the (deviating) size of the delivery cannot be recovered from Micky's Favorites.

Article 9 – Prices

1. During the period of validity of the Offer, the prices of the Products offered will not be increased, except in the event of changes in VAT rates.
2. The prices stated in the Offer are inclusive of VAT, unless expressly stated otherwise.
3. The prices stated in the Offer are based on the cost factors applicable at the time the Agreement is concluded, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
4. If the Products or raw materials are subject to price fluctuations on the financial market over which Micky's Favorites has no control, Micky's Favorites may offer these Products at variable prices. The Offer will state that the prices are target prices and may fluctuate.

Article 10 – Payment and collection policy

1. Payment should preferably be made in advance in the currency in which the invoice was issued using the method specified.
2. The buyer cannot derive any rights or expectations from a previously issued estimate, unless the parties have expressly agreed otherwise.
3. The buyer must make a full payment to the account number and details provided to them by Micky's Favorites. The parties may only agree to a different payment term with the explicit written consent of Micky's Favorites.
4. If a periodic payment obligation has been agreed upon by the Buyer, Micky's Favorites is entitled to adjust the applicable prices and rates in writing, taking into account a notice period of 3 months.
5. In the event of liquidation, bankruptcy, seizure or suspension of payments of the Buyer, Micky's Favorites' claims on the Buyer shall become immediately due and payable.
6. Micky's Favorites reserves the right to apply payments made by the Buyer first to reduce costs, then to reduce accrued interest, and finally to reduce the principal and accrued interest. Micky's Favorites may, without defaulting, refuse an offer of payment if the Buyer specifies a different order of allocation. Micky's Favorites may refuse full repayment of the principal if the accrued and accrued interest, as well as the costs, are not also paid.
7. If the Buyer fails to meet their payment obligation and has not fulfilled their obligation within the 14-day payment term, the Buyer, being a Business, will be in default. If the Buyer is a Consumer, they will first receive a written reminder with a period of 14 days from the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet their obligations within that period, before they are in default.
8. From the date that the Buyer is in default, Micky's Favorites will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the scale from the Decree on Compensation for Extrajudicial Collection Costs of 1 July 2012.
9. If Micky's Favorites has incurred additional or higher costs that are reasonably necessary, these costs are eligible for reimbursement. Legal and enforcement costs incurred are also the responsibility of the Buyer.

Article 11 – Retention of title

1. All items delivered by Micky's Favorites remain the property of Micky's Favorites until the Buyer has fulfilled all subsequent obligations arising from all Agreements concluded with Micky's Favorites.
2. The buyer is not authorised to pledge or otherwise encumber the items subject to the retention of title if ownership has not yet been fully transferred.
3. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the Buyer is obliged to inform Micky's Favorites as soon as can reasonably be expected.
4. In the event that Micky's Favorites wishes to exercise its ownership rights as indicated in this article, the Buyer hereby grants unconditional and irrevocable consent and authorization to Micky's Favorites or third parties designated by it to enter all places where the property of Micky's Favorites is located and to take back such items.
5. Micky's Favorites reserves the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) met their payment obligations, despite an obligation to transfer or deliver them to Micky's Favorites. After the Buyer has fulfilled their obligations, Micky's Favorites will endeavor to deliver the purchased Products to the Buyer as soon as possible, but no later than within 20 business days.
6. Costs and other (consequential) damages resulting from retaining the purchased Products are at the expense and risk of the Buyer and will be reimbursed to Micky's Favorites by the Buyer upon first request.

Article 12 – Warranty

Micky's Favorites warrants that the Products comply with the Agreement, the specifications stated in the offer, their usability and/or soundness, and the legal rules/regulations applicable at the time the Agreement was concluded. This also applies if the goods to be delivered are intended for use abroad and the Buyer has expressly notified Micky's Favorites of this use in writing at the time the Agreement was concluded.

Article 13 – Suspension and termination

1. Micky's Favorites is entitled to suspend the fulfillment of the obligations or to terminate the Agreement if the Buyer fails to fulfill or fails to fully fulfill the (payment) obligations arising from the Agreement.
2. Furthermore, Micky's Favorites is authorized to dissolve the Agreement existing between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer fails to comply in a timely or proper manner with the obligations arising from any Agreement concluded with Micky's Favorites.
3. Furthermore, Micky's Favorites is entitled to terminate the Agreement without prior notice of default if circumstances arise that are of such a nature that compliance with the Agreement is impossible or can no longer be reasonably expected, or if other circumstances arise that are of such a nature that continued existence of the Agreement in unaltered form cannot reasonably be expected.
4. If the Agreement is terminated, Micky's Favorites' claims against the Buyer are immediately due and payable. If Micky's Favorites suspends fulfillment of its obligations, it retains its rights under the law and the Agreement.
5. Micky's Favorites always reserves the right to claim damages.

Article 14 – Limitation of liability

1. If the performance of the Agreement by Micky's Favorites results in liability of Micky's Favorites towards the Buyer or animal, that liability is limited to the costs charged by Micky's Favorites in connection with the Agreement, unless the damage is caused by intent or gross negligence.
2. Micky's Favorites is not liable for consequential damage, indirect damage, loss of profit and/or losses incurred, lost savings, and damage resulting from the use of the delivered Products. Consumers are subject to a limitation in accordance with what is permitted under Article 7:24, paragraph 2, of the Dutch Civil Code.
3. Micky's Favorites is not liable for and/or obligated to repair damage caused by the use of the Product. Micky's Favorites provides strict maintenance and usage instructions that the Buyer must follow. Any damage to Products resulting from wear and use is expressly excluded from liability (including wear and tear, damage from use, damage from falls, light and water damage, theft, loss, etc.).
4. Micky's Favorites is not liable for damage that is or may be the result of any action or omission based on (incomplete and/or incorrect) information on the website(s) or linked websites.
5. Micky's Favorites is not responsible for errors and/or irregularities in the functionality of the website and is not liable for disruptions or the unavailability of the website for any reason.
6. Micky's Favorites is not responsible for the correct and complete transmission of the contents of emails sent by/on behalf of Micky's Favorites, nor for their timely receipt.
7. Micky's Favorites expressly disclaims all liability and claims from Buyers whose animals have suffered (physical) damage as a result of using the Products. The Products should only be used in accordance with the instructions for use. If the animal experiences an allergic reaction, discontinue use immediately.
8. All claims by the Buyer due to shortcomings on the part of Micky's Favorites shall lapse if they are not reported to Micky's Favorites in writing and with reasons within one year after the Buyer was aware or could reasonably have been aware of the facts on which they base their claims. All claims by the Buyer shall lapse in any case one year after the termination of the Agreement.

Article 15 – Force Majeure

1. Micky's Favorites shall not be liable if, as a result of a force majeure situation, it is unable to fulfill its obligations under the Agreement, nor can it be held to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not its fault and for which it is not responsible under the law, legal act, or generally accepted views.
2. Force majeure shall in any case be understood to mean, but is not limited to what is understood in law and case law, (i) force majeure of suppliers of Micky's Favorites, (ii) failure to properly fulfill obligations of suppliers prescribed or recommended to Micky's Favorites by the Buyer, (iii) defects of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the internet, data network and telecommunications facilities (for example due to cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) strikes in the company of Micky's Favorites and (xi) other situations that in the opinion of Micky's Favorites fall outside its sphere of influence and that temporarily or permanently prevent the fulfillment of its obligations.
3. Micky's Favorites has the right to invoke force majeure if the circumstance preventing (further) fulfillment occurs after Micky's Favorites should have fulfilled its obligation.
4. The parties may suspend their obligations under the Agreement during the period of force majeure. If this period lasts longer than two months, either party is entitled to terminate the Agreement without any obligation to compensate the other party for damages.
5. If, at the time the force majeure occurs, Micky's Favorites has already partially fulfilled its obligations under the Agreement or will be able to fulfill them, and the part fulfilled or to be fulfilled has independent value, Micky's Favorites is entitled to invoice the part already fulfilled or to be fulfilled separately. The Buyer is obligated to pay this invoice as if it were a separate Agreement.

Article 16 – Transfer of Risk

The risk of loss or damage to the Products subject to the Agreement shall pass to the Buyer at the time the Products are delivered to the Buyer. This is the case if the Products have been delivered to the Buyer's delivery address.

Article 17 – Intellectual Property Rights

1. All intellectual property rights and copyrights of Micky's Favorites remain solely with Micky's Favorites and are not transferred to the Buyer.
2. The Buyer is prohibited from disclosing and/or reproducing, modifying, or making available to third parties any documents subject to Micky's Favorites' intellectual property rights and copyrights without the express prior written consent of Micky's Favorites. If the Buyer wishes to make changes to items supplied by Micky's Favorites, Micky's Favorites must explicitly approve the proposed changes.
3. The Buyer is prohibited from using the Products on which Micky's Favorites' intellectual property rights rest other than as agreed in the Agreement.

Article 18 – Privacy, data processing and security

1. Micky's Favorites handles the (personal) data of Buyers and visitors to the website(s) with care. Upon request, Micky's Favorites will inform the data subject of this.
2. If Micky's Favorites is required to provide information security under the Agreement, this security will comply with the agreed specifications and a level of security that is not unreasonable given the state of the art, the sensitivity of the data, and the associated costs.

Article 19 – Complaints

If the Buyer is dissatisfied with Micky's Favorites Products and/or has any complaints about the (performance of the) Agreement, the Buyer is obligated to report these complaints as soon as possible, but no later than 14 calendar days after the relevant reason that led to the complaint. Complaints can be submitted via info@mickysfavorites.com with the subject line "Complaint".
2. The complaint must be sufficiently substantiated and/or explained by the Buyer if Micky's Favorites is to be able to consider the complaint.
3. Micky's Favorites will respond to the complaint as soon as possible, but no later than 3 business days after receipt.
4. The parties will attempt to reach a solution together.

Article 20 – Applicable law

1. Dutch law applies to every agreement between Micky's Favorites and the Buyer. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
2. In the event of any dispute regarding the interpretation of the content and scope of these terms and conditions, the Dutch text shall always prevail. Micky's Favorites reserves the right to unilaterally amend these terms and conditions.
3. All disputes arising from or in connection with the Agreement between Micky's Favorites and the Buyer shall be settled by the competent Court of Amsterdam, unless mandatory provisions of law lead to the jurisdiction of another court.

Amsterdam, September 27, 2021