Terms and Conditions
Sluiskolk 3 – 5
Note: This is not a visiting address
Phone: +31 (0)88 – 82 82 555
Article 1 – Applicability
- These general terms and conditions apply to every offer from Topro Animal Health, hereinafter referred to as Topro, and to every distance agreement concluded between Topro and the customer.
- Before the distance contract is concluded, the text of these general terms and conditions is made available to the customer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at Topro and they will be sent free of charge as soon as possible at the request of the customer.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the customer electronically in such a way that the customer can a simple way can be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent electronically or otherwise free of charge at the request of the customer.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the customer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.
Article 2 – The offer
- If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the customer. If Topro uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Topro .
- Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any costs of delivery;
- the manner in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the term for acceptance of the offer, or the term within which Topro guarantees the price;
- the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
- whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the customer;
- the way in which the customer, before concluding the agreement, can check and, if desired, restore the data provided by him under the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which Topro has subjected itself and the way in which the customer can consult these codes of conduct electronically;
- and the minimum duration of the distance contract in the case of a long-term transaction.
Article 3 – The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the customer of the offer and compliance with the associated conditions.
- If the customer has accepted the offer electronically, Topro will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Topro, the customer can dissolve the agreement.
- If the agreement is concluded electronically, Topro will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the customer can pay electronically, Topro will observe appropriate security measures.
- Topro can inform itself – within legal frameworks – whether the customer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance agreement. If On the basis of this investigation Topro has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- Topro will send the following information to the customer with the product or service, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data carrier:
- the visiting address of the Topro branch where the customer can go with complaints;
- the conditions under which and the manner in which the customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about warranties and existing after-sales service;
- the information included in article 2 paragraph 3 of these terms and conditions, unless Topro has already provided this information to the customer before the execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- In the case of an expensive transaction, the provision in the previous paragraph only applies to the first delivery.
Article 4 – Right of withdrawal
When delivering products:
- When purchasing products, the customer has the option to dissolve the agreement without stating reasons during 14 days. This reflection period starts on the day after receipt of the product by the customer or a representative designated in advance by the customer and notified to Topro.
Only if there is a DOA (Dead On Arrival), the standard shipping costs will be credited. When returning products (also in the case of DOA) always use the original packaging.
- During the cooling-off period, the customer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, the goods must be undamaged, unopened, unused and complete. The products must also be in the original packaging and the products must not have been in the stable. The goods must be repackaged in an (outer) box in their original condition. The goods must be stored in accordance with the storage conditions on the label.
When providing services:
- When providing services, the customer has the option to dissolve the agreement without giving any reason, during at least fourteen days, commencing on the day of entering into the agreement.
- To make use of his right of withdrawal, the customer will refer to the reasonable and clear instructions provided by Topro with the offer and/or at the latest upon delivery.
Article 5 – Costs in case of withdrawal
- If the customer makes use of his right of withdrawal, at most the costs of return will be for his account.
- If the customer has paid an amount, Topro will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Article 6 – Exclusion right of withdrawal
- Topro can exclude the customer’s right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Topro clearly states this in the offer,
at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been created by Topro in accordance with the customer’s specifications;
- which are clearly personal in nature;
- which by their nature cannot be returned;
- which can spoil or age quickly;
- for veterinary medicines and/or (additional, dietary, mineral) animal feeds
the price of which is subject to fluctuations in the financial market over which Topro has no influence;
- for loose newspapers and magazines;
- for audio and video carriers and software of which the customer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- the delivery of which has started with the express consent of the customer before the cooling-off period has expired;
Article 7 – The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, Topro can offer products or services whose prices are subject to fluctuations in the financial market and over which Topro has no influence, with variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if Topro has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the customer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 8 – Conformity and Warranty
- Topro guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions and/or usability existing on the date of the conclusion of the agreement. or government regulations. If agreed, Topro also guarantees that the product is suitable for other than normal use.
- A warranty provided by Topro, manufacturer or importer does not affect the legal rights and claims that the customer can assert against Topro under the agreement.
- Exception: Batteries, batteries and (spare) lamps are excluded from the manufacturer’s warranty. (unless there is a DOA: Dead On Arrival / Broken on delivery). However, Topro.nl offers a 6-month warranty on this.
- When an item, which falls outside the statutory warranty period, is offered to Topro.nl for repair, Topro.nl offers a 3-month warranty on the relevant repair.
Article 9 – Delivery
- Topro will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the customer has made known to the company.
- With due observance of what is stated in article 2 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the customer will be notified of this no later than 30 days after he has placed the order. In that case, the customer has the right to dissolve the agreement without costs and the right to any compensation.
- In the event of dissolution in accordance with the previous paragraph, Topro will refund the amount that the customer has paid as soon as possible, but at the latest within 30 days after dissolution.
- If delivery of an ordered product proves to be impossible, Topro will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item has been delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of Topro.
- The risk of damage and/or loss of products rests with Topro until the moment of delivery to the customer or a representative designated in advance and announced to Topro, unless expressly agreed otherwise.
- If the customer’s order implies that an installation and/or assembly must take place, Topro.nl or his/her employee is not liable for any damage caused by/during the installation/assembly.
Article 10 – Duration transactions
- The customer can terminate an agreement that has been entered into for an indefinite period of time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- An agreement entered into for a definite period of time has a maximum term of two years. If it has been agreed that the distance contract will be extended in the event of the customer’s silence, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Article 11 – Payment
- Unless otherwise agreed, the amounts owed by the customer must be paid within 14 days after the start of the reflection period as referred to in Article 4 paragraph 1. In the event of an agreement to provide a service, this period starts after the customer has received the confirmation of the agreement.
- When selling products to customers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When advance payment is stipulated, the customer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The customer has the obligation to immediately report inaccuracies in payment details provided or stated to Topro.
- In the event of non-payment by the customer, Topro has the right, subject to legal restrictions, to charge reasonable costs made known to the customer in advance.
Article 12 – Complaints procedure
- Topro has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to Topro, fully and clearly described, within a reasonable time, after the customer has discovered the defects.
- Complaints submitted to Topro will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Topro will reply within 14 days with a notification of receipt and an indication when the customer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
Article 13 – Disputes
- Only Dutch law applies to agreements between Topro and the customer to which these general terms and conditions apply.
Article 14 Additional or different provisions
- Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable data carrier.
Applicable law; competent court:
Only Dutch law applies to concluded agreements. All disputes that may arise between the parties will be settled by the competent court in Almelo.