Terms and Conditions

Terms and Conditions

Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer may exercise the right of withdrawal;

  2. Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession and enters into a distance contract with the entrepreneur;

  3. Day: calendar day;

  4. Digital content: data produced and supplied in digital form;

  5. Long-term data carrier: any means – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period adequate to the purpose of the information, and which allows unaltered reproduction of the stored information;

  6. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;

  7. Entrepreneur: the natural or legal person who offers products, digital content, and/or services to consumers at a distance;

  8. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby, up to and including the conclusion of the agreement, exclusive or joint use is made of one or more means of distance communication;

  9. Means of distance communication: any means that can be used to conclude a contract, without the consumer and the entrepreneur having to be simultaneously present in the same place;

  10. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;

  11. Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having to be simultaneously present in the same place.

Article 2 – Identity of the Entrepreneur

WoofController
Operated by: ThoVe Ecommerce Operations
Chamber of Commerce number: 80716172
VAT identification number: NL003125790B97

If the entrepreneur’s activity is subject to a relevant licensing scheme:

  • Details of the supervising authority.

If the entrepreneur operates a regulated profession:

  • The professional association or organization to which the entrepreneur is affiliated,

  • The professional title, place in the EU where the title was granted,

  • A reference to the professional rules applicable in the Netherlands, and

  • Indications where and how these professional rules can be accessed.

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the contract is concluded, indicate how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge at the consumer’s request as soon as possible.

  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, the entrepreneur shall indicate where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply accordingly, and the consumer may, in the event of conflicting provisions, always rely on the applicable provision that is most favorable to them.

Article 4 – The Offer

  1. If an offer has a limited duration or is made subject to conditions, this shall be expressly stated in the offer.

  2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The Agreement

  1. The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.

  2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

  4. The entrepreneur may, within legal limits, verify whether the consumer can meet their payment obligations, as well as all those facts and factors that are relevant to the responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, the entrepreneur is entitled to refuse an order or request, or to attach special conditions to its execution, giving reasons for such decision.

  5. The entrepreneur shall send the following information to the consumer, in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium, no later than upon delivery of the product, service, or digital content:
    a. the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
    b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    c. information about warranties and existing after-sales services;
    d. the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or performance of the distance contract;
    e. the requirements for terminating the agreement, if the contract has a duration of more than one year or is of indefinite duration;
    f. if the consumer has a right of withdrawal, the model withdrawal form.

Article 6 – Right of Withdrawal

  1. The consumer may dissolve a distance contract regarding the purchase of a product within a cooling-off period of 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but the consumer is not obliged to state one.

  2. The cooling-off period referred to in paragraph 1 shall commence:
    a. on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product; or
    b. if the consumer has ordered multiple products in one order that are delivered separately: on the day the consumer, or a third party designated by the consumer, receives the final product;
    c. if the delivery of a product consists of multiple shipments or parts: on the day the consumer, or a third party designated by the consumer, receives the final shipment or part;
    d. in the case of agreements for regular delivery of products during a specified period: on the day the consumer, or a third party designated by the consumer, receives the first product.

Article 7 – Obligations of the Consumer During the Cooling-off Period

  1. During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may handle and inspect the product only as they would be allowed to do in a physical store.

  2. The consumer shall only be liable for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.

  3. The consumer shall not be liable for any diminished value of the product if the entrepreneur has not provided the consumer with all legally required information regarding the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

  1. If the consumer exercises the right of withdrawal, they shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

  2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (a representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product. The consumer shall have observed the return period if they send back the product before the cooling-off period has expired.

  3. The consumer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with reasonable and clear instructions provided by the entrepreneur.

  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

  5. The consumer shall bear the direct costs of returning the product, unless:
    a. the entrepreneur has not informed the consumer that the consumer must bear these costs; or
    b. the entrepreneur has stated that it will bear the return costs itself.

  6. If the consumer withdraws after having explicitly requested that the provision of the service or supply of gas, water, or electricity not made ready for sale in a limited volume or set quantity begin during the cooling-off period, the consumer shall owe the entrepreneur an amount proportional to that part of the obligation which has been performed by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.

  7. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
    a. prior to delivery, the consumer has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period;
    b. the consumer has not acknowledged losing their right of withdrawal upon granting such consent; or
    c. the entrepreneur has failed to confirm this statement by the consumer.

  8. If the consumer exercises the right of withdrawal, all supplementary agreements shall be automatically dissolved.

Article 9 – Obligations of the Entrepreneur in the Event of Withdrawal

  1. If the entrepreneur enables the consumer to submit a withdrawal notification electronically, the entrepreneur shall send an acknowledgment of receipt without delay after receiving such notification.

  2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay and in any event no later than 14 days from the day on which the consumer notifies the entrepreneur of the withdrawal.

  3. Unless the entrepreneur offers to collect the product itself, reimbursement shall be delayed until the entrepreneur has received the product back or the consumer has supplied proof of having returned the product, whichever occurs first.

  4. The entrepreneur shall use the same means of payment for reimbursement as used by the consumer in the original transaction, unless the consumer agrees to another method. The refund shall be made at no cost to the consumer.

  5. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to refund the additional costs for the more expensive method.

In accordance with Article 5(1) of the Dutch Value Added Tax Act 1968, the place of supply is considered to be the country where the transport of goods begins.
In this case, the delivery originates outside the European Union (EU).

As a result:

  1. The goods are imported into the EU at the time of delivery to the consumer.
  2. The postal or courier service will handle customs clearance and collect import VAT (and, if applicable, customs duties or clearance fees) from the consumer upon delivery.
  3. Therefore, no VAT is charged by the seller on the invoice.
  4. Import VAT, customs duties, and/or clearance fees are not included in the product price and remain the responsibility of the consumer.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for the following products and services, but only if the entrepreneur has clearly stated this in the offer or at least in good time before the conclusion of the contract:

  1. Products or services whose price is dependent on fluctuations in the financial market which the entrepreneur cannot control and which may occur within the withdrawal period;

  2. Agreements concluded during a public auction;

  3. Products manufactured according to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;

  4. Products that spoil quickly or have a limited shelf life;

  5. Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;

  6. Products which, after delivery, are by their nature irreversibly mixed with other items;

  7. Alcoholic beverages of which the price was agreed upon at the conclusion of the contract but which can only be delivered after 30 days and whose actual value depends on market fluctuations beyond the entrepreneur’s control;

  8. Sealed audio, video recordings, or computer software, the seal of which has been broken after delivery;

  9. Newspapers, periodicals, or magazines, with the exception of subscriptions thereto;

  10. The supply of digital content other than on a tangible medium, but only if:
    a. performance has begun with the consumer’s prior express consent; and
    b. the consumer has acknowledged that they thereby lose their right of withdrawal.

    Article 11 – Delivery and Execution

    1. The entrepreneur shall exercise the utmost care when receiving orders and executing product deliveries.

    2. The place of delivery shall be the address provided by the consumer to the entrepreneur.

    3. Subject to what is stated in Article 4 of these terms and conditions, the entrepreneur shall execute accepted orders with due speed and no later than 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot or only partially be carried out, the consumer shall be informed of this no later than 30 days after the order was placed. The consumer is then entitled to dissolve the contract at no cost.

    4. In the event of dissolution under the preceding paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

    5. Once an order has been placed, it immediately enters the fulfillment process. Therefore, it may not always be possible to modify or cancel the order. If the order has already been shipped, the consumer is advised to wait for delivery and then exercise the right of withdrawal within 14 days.

    6. If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to provide a replacement article. It will be clearly communicated upon delivery that a replacement article is being supplied. The right of withdrawal cannot be excluded for replacement items.

    7. The entrepreneur is never responsible for delivery issues caused by an incorrect address provided by the consumer.

    8. The risk of damage and/or loss of products shall rest with the entrepreneur until the time of delivery to the consumer or a designated representative known to the entrepreneur, unless expressly agreed otherwise.

    9. The entrepreneur may invoke force majeure if circumstances beyond its control—whether local, regional, or global—arise that prevent or delay delivery. In such a case, the entrepreneur shall inform the consumer and either offer a replacement product or the option to dissolve the contract.

    Article 12 – Payment

    1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6(1).

    2. In the case of a service contract, this period shall commence after the consumer has received confirmation of the agreement.

    3. The consumer has the obligation to immediately report any inaccuracies in provided or stated payment details to the entrepreneur.

    4. In the event of non-payment by the consumer, the entrepreneur has the right—subject to statutory limitations—to charge the reasonable costs previously made known to the consumer.

    Article 13 – Complaints Procedure

    1. Complaints about the execution of the contract must be submitted in writing to the entrepreneur within 7 days after the consumer has identified the defects, and must be fully and clearly described.

    2. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur shall respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed reply.

    3. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

    4. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

    5. If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at its discretion, either replace or repair the delivered products free of charge.

    Article 14 – Disputes

    1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.

    2. The entrepreneur shall comply with all applicable EU consumer protection regulations. In the event of a cross-border dispute, the consumer may also use the European Online Dispute Resolution (ODR) platform via: https://ec.europa.eu/consumers/odr/.

    3. Any disputes that cannot be resolved through mutual agreement or mediation shall be submitted to the competent court in the Netherlands.