General conditions of The Happy Cat, fur and behaviour grooming salon
The following terms are used in these general conditions:
Grooming salon: the natural or legal person and his/her employees, hereafter referred to as the entrepreneur, who is active in the field of the care and/or beautification of animals at a legally permitted location, and for whom these activities are demonstrably the main source of income.
Consumer: the natural person who does not act in the framework of a profession or business and who enters or plans to enter into an agreement for animal care/beautification with the entrepreneur.
Guest animal: the consumer's pet for which an agreement for care/beautification is/will be made.
Agreement: the agreement between the entrepreneur and the consumer for animal care/beautification in which the entrepreneur commits him/herself to the guest animal for a specific period and for specific care at a cost to be paid by the consumer.
Remote agreement: any agreement for animal care/beautification in which one or various remote communication techniques are the only method used to enter into the agreement within a system as realised by the entrepreneur.
(Animal) care/beautification: the activities to be performed by the entrepreneur to the benefit of the guest animal’s appearance.
Temporary accommodation: a kennel or other space in which the guest animal is accommodated while waiting for or undergoing its care/beautification.
Booking: the agreement between the entrepreneur and the consumer that determines the time when the entrepreneur will take on the care/beautification of the guest animal against the rate that applies to the animal.
Authorisation: a written authorisation provided to the entrepreneur by the consumer which obligates the entrepreneur to appeal to professional (veterinary) care at the expense of the consumer when there are clear symptoms that the well-being of the guest animal is at risk.
Article 1 - Applicability
These general conditions apply to all agreements between the entrepreneur and the consumer related to the care/beautification of the guest animal.
Article 2 - The proposal
1. The entrepreneur will make an oral or written/electronic proposal.
2. The proposal will always include the following elements:
- the time of the requested booking;
- the price and payment method;
- the cases in which the care/beautification of the guest animal can be refused;
- the responsibility of the consumer to provide a name of a contact for emergency consultation in special circumstances;
- the provision of the name of the vet/clinic the entrepreneur should contact if the well-being of the guest animal demands it;
- the mention of the existence of the general conditions applicable to the agreement.
3. A written/electronic proposal will be dated and is irrevocable for a period of thirty days after it was received by the consumer. An oral proposal will be confirmed in writing, which makes it a written proposal.
4. The written/electronic proposal is accompanied by a copy of these general conditions.
Article 3 - The agreement
1. The agreement is established when the proposal is accepted.
2. After the agreement has been established, the consumer will receive confirmation thereof in writing or electronically.
Article 4 - Prices and price changes
1. Prices to be paid by the consumer are determined in the agreement. Prices include the costs for the care/beautification of the guest animal.
2. Occurring price changes between the time when the agreement is established and the time it is executed will not affect the agreed price.
3. Point 2. Does not apply to statutory price changes such as increased VAT.
Article 5 - Advance payment
After the care/beautification agreement has been established, the entrepreneur may request an advance payment of € 10.00 per guest animal.
Article 6 - Payment
1. Unless agreed otherwise, payment of the remaining amount (minus any advance payments) will be made in cash, immediately after the agreement for care/beautification ends. Cash payments also include a transfer of the amount due to a bank account as indicated by the entrepreneur via electronic payment methods as recognised by banks.
2. The consumer will receive proof of payment from the entrepreneur.
Article 7 - Payment arrears
1. If the consumer does not pay in accordance with Article 7 of this agreement, the entrepreneur may refuse to return the guest animal until the consumer has fulfilled their obligations. Costs resulting from the temporary accommodation of the guest animal will be entirely at the expense of the consumer.
2. If payment has still not been made after the notice period runs out, the entrepreneur may choose to take judicial or extra-judicial steps. Any costs reasonably made in this framework will be at the consumer's expense. The costs are subject to statutory limits. The entrepreneur is also entitled to charge interest after the agreed payment date expires. This interest equals the statutory interest.
Article 8 - Cancellation
When the consumer cancels, the following payment obligations apply:
- Cancellation up to 72 hours before the agreement is due to start: no payment obligations;
- Cancellation between 72 and 24 hours before the agreement is due to start: 25% of the agreed price;
- Cancellation less than 24 hours before the agreement is due to start: 50% of the agreed price.
Article 9 - Rights and obligations of the entrepreneur
1. The entrepreneur is committed to provide the services in the framework of the care/beautification agreement in a way a professional entrepreneur should.
2. The entrepreneur will take the individual wishes of the consumer regarding the care and beautification of the guest animal into account as much as possible. Insofar as they wish deviate from the normal course of affairs, they will be recorded in writing.
3. The entrepreneur will have the guest animal which is to be subject to care/beautification ready to be picked up and transported at the agreed upon time unless in cases of force majeure. Force majeure means facts outside of the control of the entrepreneur due to which compliance with the agreement can no longer be reasonably expected.
Article 10 - Responsibilities and obligations of the consumer
1. The consumer must provide the entrepreneur with all the requested information required for the proper and responsible care/beautification of the guest animal at the latest when delivering the animal to the entrepreneur.
2. The consumer is liable for the consequences if the entrepreneur suffers damage due to the fact that information related to the guest animal was not supplied (correctly), unless the consumer cannot be held responsible.
Article 11 - Liability
1. The entrepreneur is liable to the consumer for any damage resulting from shortcomings that can be attributed to themselves or persons who perform incidental activities on their behalf.
2. The consumer is entitled to a remuneration of the damage resulting from shortcomings that can be attributed to the entrepreneur or persons who perform incidental activities on their behalf if the consumer notifies the entrepreneur of this damage within 30 days from when it was caused. The obligation to remunerate damages is limited to a maximum, namely the amount of the invoice value of the service supplied by the entrepreneur.
3. The entrepreneur will inform the consumer, or a contact appointed by them, as soon as possible in case of unforeseen circumstances.
4. The consumer is liable to the entrepreneur for any damage resulting from unadjusted or deviating behaviour from the guest animal.
5. The entrepreneur is not liable to the consumer for any damage caused by the guest animal to personal belongings left at the grooming salon by the consumer due to the guest animals attachment to these belongings.
Article 12 - Complaints
Complaints about the execution of the agreement should be submitted in full and in detail, and preferably in writing or electronically, to the entrepreneur within 14 days after the end of the agreement for the care/beautification of the guest animal. If a complaint is submitted after the period as indicated above, the consumer loses his or her rights.
Article 13 - Warranty
The warranty on the supplied service is limited to redoing what had not been done properly.
Article 14 - Disputes
1. The court in the entrepreneur's city of residence is exclusively authorised to hear any disputes, unless it falls under the authority of the district court. The entrepreneur is nonetheless entitled to submit the dispute to any legally authorised court.
2. Parties will only appeal to the court after they have done their utmost to resolve the dispute themselves.
3. Any agreement between the entrepreneur and the consumer is subject to Dutch law.
4. If one or more of the stipulations of these general conditions is declared void or is removed, the other stipulations of these general conditions remain fully applicable. The entrepreneur and consumer will then discuss the inclusion of new stipulations to replace the void/removed stipulation, in which the purpose and meaning of the original stipulation is taken into account as much as possible.