Terms and Conditions

I. Anthonisse, titled Micky's Favorites (hereinafter: Micky's Favorites) is registered with the Chamber of Commerce under number 83759522 and is located at Gustav Mahlerplein 239 (1082MS) in Amsterdam.

Article 1 – Concepts

1. In these general terms and conditions, the following terms are used with the following meaning, unless expressly stated otherwise:
2. Offer: Any written offer to the Buyer for the delivery of Products by the Seller to which these terms and conditions are inextricably 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 (remote) purchase agreement 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 the Buyer, hereinafter: Micky's Favorites.

Article 2 – Applicability

1. These general terms and conditions apply to every Offer of Micky's Favorites and every Agreement between Micky's Favorites and a Buyer and to every Product offered by Micky's Favorites.
2. Before a (distance) Agreement is concluded, the Buyer will be given 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 have in any case been published on the website of Micky's Favorites, so that the Buyer can easily store these general terms and conditions on a durable data carrier.
3. In exceptional situations it is possible to deviate from these general terms and conditions if this has been explicitly agreed in writing with Micky's Favorites.
4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer.
5. If one or more provisions of these general terms and conditions are partially or completely void or are voided, the other provisions of these general terms and conditions will remain in effect and the void/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
7. If in these terms and conditions reference is made to she/her, this should also be understood as a reference to he/him/his, if and insofar as applicable.

Article 3 – The Offer

1. All offers made by Micky's Favorites are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. There is only question of an Offer if it has been laid down in writing.
2. The Offer made by Micky's Favorites is without obligation. Micky's Favorites is only bound by the Offer if the Buyer has already paid the amount due. Nevertheless, Micky's Favorites has the right to refuse an Agreement with a potential Buyer for a valid reason for Micky's Favorites.
3. The Offer contains an accurate description of the Product offered with associated prices. The description is detailed enough to enable the Buyer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Micky's Favorites. Any images and specific information in the Offer are only an indication and cannot be grounds for any compensation or dissolution of the Agreement (at a distance). Micky's Favorites cannot guarantee that the colors in the image exactly match the real 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 dissolution or compensation if they are exceeded, unless expressly agreed otherwise.
5. A composite quotation does not oblige Micky's Favorites to deliver part of the goods included in the offer or offer at part of the quoted price.
6. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and according to the run-out principle.

Article 4 – Formation of the Agreement

1. The Agreement is concluded at the moment that the 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, at least by e-mail.
4. If the acceptance deviates (on minor points) 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 or should have understood that the Offer contains an obvious mistake or error. The Buyer cannot derive any rights from this mistake or error.
6. The buyer has the right to exercise its right of withdrawal within the statutory period of 14 days. If revocation applies, the Buyer will handle the Product and the packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. The direct costs for returning the Product are for the account of the Buyer.
7. Products that cannot be taken back after the seal has been broken due to a limited shelf life or hygienic reasons, if the seal has been broken, are excluded from the right of withdrawal. This is expressly 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 insofar as the proper execution of the Agreement requires this, Micky's Favorites has the right to have certain activities performed by third parties at its own discretion.
3. The Buyer shall ensure that all data, which Micky's Favorites indicates are necessary or which the Buyer should reasonably understand are necessary for the performance of the Agreement, are provided to Micky's Favorites in a timely manner. If the information required for the implementation of the Agreement has not been provided to Micky's Favorites in time, Micky's Favorites has the right to suspend the implementation of the Agreement.
4. In the performance of the Agreement, Micky's Favorites is not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions result in additional work for Micky's Favorites, the Buyer is obliged to reimburse the additional or additional costs accordingly.
5. Micky's Favorites may require security from the Buyer or full advance payment before proceeding with the performance of the Agreement.
6. Micky's Favorites is not liable for damage of any nature whatsoever that has arisen because Micky's Favorites relied on incorrect and/or incomplete information provided by the Buyer, unless Micky's Favorites was aware of this inaccuracy or incompleteness.
7. The Buyer indemnifies 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 on time, does not cooperate sufficiently, the (down) payment has not been received on time by Micky's Favorites or other circumstances beyond the control of Micky's Favorites causes any delay, Micky's Favorites is entitled to a reasonable extension of the delivery/completion period. All agreed delivery/completion periods are never strict deadlines. The buyer must give Micky's Favorites written notice of default and allow it a reasonable term to still be able to deliver. The buyer is not entitled to any compensation due to the resulting delay.
2. If the Buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, Micky's Favorites is entitled to store the goods at the expense and risk of the Buyer.
3. If the Products are delivered by Micky's Favorites or an external carrier, Micky's Favorites is entitled, unless agreed otherwise 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 implementation of the Agreement, the delivery time will only commence after the Buyer has made all data necessary for the implementation available to Micky's Favorites.
5. If Micky's Favorites has specified a term for delivery, this is indicative. Longer delivery times apply for deliveries outside the Netherlands.
6. Micky's Favorites is entitled to deliver the goods in parts, unless this has been deviated from in the Agreement or the partial delivery has no independent value. Micky's Favorites is entitled to invoice the thus 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 well-founded fear of non-payment.

Article 7 – Packaging and transport

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

Article 8 – Investigation, complaints

1. The buyer is obliged to inspect or have inspected the delivered goods at the time of delivery, but in any case within 14 days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to be able to assess whether it retains the Product. In doing so, the Buyer must examine whether the quality and quantity of the delivered goods correspond with the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic.
2. The Buyer is obliged to investigate and inform himself how the Product should be used and, in the case of personal use, to test the Product in accordance with the instructions for use. Micky's Favorites accepts no liability for the incorrect use of the Product by the Buyer.
3. Any visible defects or shortcomings must be reported to Micky's Favorites in writing after delivery at info@mickysfavorites.com. The buyer has a period of 14 days after delivery to do so. Non-visible defects or shortages must be reported within 14 days after 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 will be liable for any reduction in value of the Product.
4. If a complaint is made in time pursuant to the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this will only be done with the prior written consent of Micky's Favorites in the manner indicated by Micky's Favorites.
5. If the Buyer uses its right of withdrawal, it will return the Product and all accessories, insofar as this is reasonably possible, in its original condition and packaging to Micky's Favorites, in accordance with the return instructions of Micky's Favorites. The direct costs for return shipments are for the account and risk of the Buyer.
6. Micky's Favorites is entitled to start an investigation into the authenticity and condition of the returned Products before reimbursement will take place.
7. Refunds to the Buyer will be processed as soon as possible, but the refund may take no more than 14 days after receipt of the Buyer's declaration of dissolution. Repayment will be made to the previously specified account number.
8. If the Buyer exercises its right of complaint, the Buyer, being a Company, has no right to suspend its payment obligation or to set off outstanding invoices.
9. In the absence of a complete delivery, and/or if one or more Products are missing, and this can be attributed to Micky's Favorites, Micky's Favorites will send the missing Product(s) or the remaining order at the Buyer's request. Cancel. The confirmation of receipt of the Products is leading here. Any damage suffered 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 that there are changes in VAT rates.
2. The prices stated in the Offer include VAT, unless expressly stated otherwise.
3. The prices as stated in the Offer are based on the cost factors applicable at the time of concluding the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
4. In the case of Products or raw materials for which there are price fluctuations on the financial market and over which Micky's Favorites has no influence, Micky's Favorites can offer these Products at variable prices. The Offer states 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 is made via the indicated method.
2. The buyer cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
3. The buyer must make a lump sum payment to the account number and details of Micky's Favorites made known to it. The parties can only agree on a different payment term after explicit and written permission from Micky's Favorites.
4. If a periodic payment obligation of the Buyer has been agreed, Micky's Favorites is entitled to adjust the applicable prices and rates in writing with due observance of a term of 3 months.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, the claims of Micky's Favorites against the Buyer are immediately due and payable.
6. Micky's Favorites has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. Micky's Favorites can, without being in default, refuse an offer for payment if the Buyer designates a different order for the allocation. Micky's Favorites can refuse full repayment of the principal sum, if the accrued and current interest as well as the costs are not also paid.
7. If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the set payment term of 14 days, the Buyer being a Company is in default. The Buyer being a Consumer will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet his obligations within that term, before they falls into default.
8. From the date that the Buyer is in default, Micky's Favorites will, without further notice of default, be entitled to the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale. from the decision on compensation for extrajudicial collection costs of 1 July 2012.
9. If Micky's Favorites has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also for the account of the Buyer.

Article 11 – Retention of title

1. All goods delivered by Micky's Favorites remain the property of Micky's Favorites until the Buyer has fulfilled all the following obligations under all Agreements concluded with Micky's Favorites.
2. The buyer is not authorized to pledge or encumber the goods subject to retention of title in any other way if the ownership has not yet been fully transferred.
3. If a third party seizes the goods delivered under retention of title or wishes to establish or enforce rights thereon, the Buyer is obliged to inform Micky's Favorites of this as soon as may reasonably be expected.
4. In the event that Micky's Favorites wishes to exercise its property rights referred to in this article, the Buyer already now gives unconditional and irrevocable permission and authorization to Micky's Favorites or third parties to be designated by it to enter all those places where the property of Micky's Favorites is are located and to take those things back with them.
5. Micky's Favorites has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or hand over Micky's Favorites. After the Buyer has fulfilled its obligations, Micky's Favorites will endeavor to deliver the purchased Products to the Buyer as soon as possible, but no later than within 20 working days.
6. Costs and other (consequential) damage as a result of retaining the purchased Products are for the account 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 guarantees that the Products comply with the Agreement, the specifications, usability and/or soundness stated in the offer and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly notified Micky's Favorites of this use in writing at the time of entering into the Agreement.

Article 13 – Suspension and dissolution

1. Micky's Favorites is authorized to suspend the fulfillment of its obligations or to dissolve the Agreement if the Buyer does not or does not fully comply with the (payment) obligations under the Agreement.
2. In addition, Micky's Favorites is authorized to dissolve the existing Agreement between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer does not timely or properly fulfill its obligations arising from any agreement with Micky's Favorites. concluded Agreement.
3. Micky's Favorites is also authorized to dissolve the Agreement without prior notice of default if circumstances arise of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if circumstances arise otherwise. which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is dissolved, the claims of Micky's Favorites against the Buyer are immediately due and payable. When Micky's Favorites suspends compliance with its obligations, it retains its claims under the law and the Agreement.
5. Micky's Favorites always reserves the right to claim compensation.

Article 14 – Limitation of Liability

1. If the execution of the Agreement by Micky's Favorites leads to 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 has arisen due to intent or gross negligence. .
2. Micky's Favorites is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage resulting from the use of the delivered Products is excluded. Consumers are subject to a restriction 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 obliged to repair damage caused by the use of the Product. Micky's Favorites provides strict maintenance and usage instructions that must be observed by the Buyer. All damage to Products as a result of wearing and using them is expressly excluded from liability (including traces of use, use damage, fall damage, 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 act or omission as a result of (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 malfunctions or the unavailability of the website for any reason.
6. Micky's Favorites does not guarantee correct and complete transmission of the content of and e-mail sent by/on behalf of Micky's Favorites, nor for the timely receipt thereof.
7. Micky's Favorites expressly rejects all liabilities and claims of the Buyer whose animal has suffered (physical) damage through the use of the Products. The Products must only be used in accordance with the instructions for use. In the event of an allergic reaction of the animal, immediately stop using it.
8. All claims of the Buyer due to shortcomings on the part of Micky's Favorites lapse if they have not been reported in writing and with reasons to Micky's Favorites within one year after the Buyer became aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer expire in any case one year after the termination of the Agreement.

Article 15 – Force majeure

1. Micky's Favorites is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be held to comply with any obligation if it is prevented from doing so as a result of a circumstance that has not been attributable to its fault and is not for its account under the law, legal act or generally accepted views.
2. Force majeure is in any case understood, but is not limited to what is understood in this regard by law and jurisprudence, (i) force majeure of suppliers of Micky's Favorites, (ii) failure to properly comply with obligations of suppliers that have been are prescribed or recommended to Micky's Favorites, (iii) defective goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cyber crime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport 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 that temporarily or permanently prevent the fulfillment of its obligations.
3. Micky's Favorites has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Micky's Favorites should have fulfilled its obligation.
4. Parties can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the Agreement, without any obligation to pay damages to the other party.
5. Insofar as Micky's Favorites has already partially fulfilled its obligations under the Agreement at the time of the commencement of force majeure or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, Micky's Favorites is entitled to to be invoiced separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 16 – Risk transfer

The risk of loss of or damage to the Products that are the subject of the Agreement shall pass to the Buyer at the time when the Products have been placed in the Buyer's control. 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 rest exclusively with Micky's Favorites and are not transferred to the Buyer.
2. The Buyer is prohibited from publishing and/or multiplying, changing or making available to third parties all documents on which the intellectual property rights and copyrights of Micky's Favorites rest without the express prior written permission of Micky's Favorites. If the Buyer wishes to make changes to goods delivered by Micky's Favorites, Micky's Favorites must explicitly agree to the proposed changes.
3. The Buyer is prohibited from using the Products on which the intellectual property rights of Micky's Favorites rest other than as agreed in the Agreement.

Article 18 – Privacy, data processing and security

1. Micky's Favorites handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, Micky's Favorites will inform the person concerned about this.
2. If Micky's Favorites is required to provide information security under the Agreement, this security will meet the specifications agreed upon and a security level that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.

Article 19 – Complaints

1. If the Buyer is not satisfied with the Products of Micky's Favorites and/or has complaints about the (execution of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant reason that gave rise to the complaint. led to report. Complaints can be reported via info@mickysfavorites.com with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Buyer for Micky's Favorites to be able to handle the complaint.
3. Micky's Favorites will respond substantively to the complaint as soon as possible, but no later than 3 working days after receipt of the complaint.
4. Parties will try 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 (CISG) Vienna Sales Convention is expressly excluded.
2. In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. Micky's Favorites has the right to unilaterally change these general terms and conditions.
3. All disputes arising from or as a result of the Agreement between Micky's Favorites and the Buyer will be settled at the competent Court of Amsterdam, unless provisions of mandatory law lead to the jurisdiction of another court.

Amsterdam, September 27, 2021