terms & conditions

Article 1: Definitions 

Customer: The Counter Party that enters into an Agreement with the company Dog With a Mission BV, with its registered office in (1822 BH) Alkmaar at the Berenkoog 41 (The Netherlands), herein to be named: DWAM, or which is negotiating in such a matter, as well as the Counter Party which requests a tender from DWAM and which has a tender sent by DWAM. Agreement: The binding Agreement between DWAM and the Customer, in whichever form, together with the amendments(s) and additions(s) to it and every (further) order which is placed on the grounds of this Agreement.

Article 2: Applicability

These General Terms and Conditions apply to all Offers and Tenders by DWAM, as also to all Agreements to be entered into by DWAM and the ensuing activities, including the supply of goods and services, with the exclusion of the General Terms and Conditions of the Customer. Formation of an Agreement, as defined in Article 4 of these General Terms and Conditions, implies that these General Terms and Conditions have been accepted by the Customer. Derogations from these General Terms and Conditions must have been expressly agreed upon in writing. Derogations will then apply only to the offers concerned and the Agreements to which they apply. Should DWAM not always demand strict observance of these General Terms and Conditions, this does not imply that these General Terms and Conditions do not apply and/or that DWAM will lose the right to demand strict observance of these General Terms and Conditions in future cases, whether similar or not. If the Customer is a real person, not acting in the course of a profession or company, the articles of these General Terms and Conditions or parts of it which are unreasonably onerous for the Customer because they occur on the List as meant in Section 6:236 of the Dutch Civil Code, or because they are in contravention of stipulations of mandatory rules of Consumer’s Law, will not apply. In this case, the other stipulations will continue to apply. The rescission and/or nullity of any stipulation of these General Terms and Conditions does not affect the other stipulations. The conflicting, legally invalid, stipulation will be considered to have been replaced by a stipulation in which the intentions and purpose of the original stipulation are done justice.

Article 3: Offers and Tenders

All Offers and Tenders made by DWAM are always subject to contract, unless it has been expressly stipulated differently in writing, or unless they contain a fixed term for acceptance. Should an Offer or Tender be subject to contract and be accepted by the Customer, DWAM will have the right to revoke the offer within 3 days after having received the acceptance. Offers and Tenders from DWAM may only be accepted by the Customer without derogations. Offers and Tenders made orally cannot be binding unless they later have been confirmed in writing by DWAM. All specifications of types, sizes, measurements, numbers, weights, rates, and possibilities for processing will be made known while taking the utmost care, without, however, DWAM guaranteeing that no discrepancies can or will occur. Should these occur unforeseen they will in no way bind DWAM.

Article 4: Agreements

An Agreement will solely come about by confirmation and acceptance by DWAM or if DWAM has explicitly begun to perform according to the Agreement. Should a number of persons or legal entities form the Customer, they will all be jointly and severally liable for the fulfillment of the Agreement. Should the Agreement have been entered into by a third party on behalf of the Customer, said the third party will warrant the Customer has accepted these General Terms and Conditions, failing which the third party is bound to these General Terms and Conditions as if it were the Customer itself. DWAM is entitled to engage third parties in the Execution of the Agreement. Save express permission in writing from DWAM, the Customer is forbidden to assign rights or duties under the Agreement to third parties. DWAM is entitled to refuse the request to enter into an Agreement partially or completely or to postpone the execution of an outstanding Agreement for reasons of its own. This authority can be invoked, amongst others, because of the contents, nature, import, or form of such a request as well as because of technical objections, refusal of (advance) payment, or conflict of the request with the interests of DWAM or third parties, amongst which other Customers. The Customer cannot invoke an Agreement if, before or during the Execution of the Agreement, the information provided by the Customer on sizes, measurements, weights, and numbers proves to be incorrect or incomplete. In such an event DWAM reserves the right to not, or not further execute an Agreement. In such a case DWAM can never be obliged to pay any compensation for damages or loss to the Customer, without prejudice to the right and possibility of DWAM to be able to claim compensation for damages or loss from the Customer or to execute the Agreement as yet, at a higher price than agreed upon, Customer then being obliged to perform said payment.

Article 5: Contents, Amendment, and Annulment of the Agreement

The Customer bears the risk of misunderstandings as to the Contents and Execution of the Agreement if these arise from DWAM not receiving, not receiving in a timely or in an incomplete fashion of specifications or other communications made orally or by a person appointed thereto by the Customer or if they have been covered by any technical means such as telephone, telefax, e-mail and suchlike means of transmission. The Customer cannot derive any rights from advice and information it obtained from DWAM if it bears no direct relation to the Agreement.

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