General terms and conditions of Fauna Tropica.
Table of contents:
Article 1 - General
Article 2 - Establishment of the agreement
Article 3 - Delivery time
Article 4 - Delivery
Article 5 - Prices
Article 6 - Reviews
Article 7 - View period/right of withdrawal
Article 8 - Data management
Article 9 - Warranty and conformity
Article 10 - Offers
Article 11 - Agreement
Article 12 - Images and specifications
Article 13 - Force majeure
Article 14 - Liability
Article 15 - Retention of title
Article 16 - Buy on account
Article 17 - Complaints procedure
Article 18 - Applicable law/competent court
Identity of the entrepreneur:
Fauna Tropica
Wilhelminalaan 2
5384 KR Heesch
Netherlands
Kvk-number: 64069869
BTW-number: NL 001266382 B38
+31631576188
info@faunatropica.eu
article 1 - General
1.1 These general terms and conditions apply to all offers, purchase/sale agreements and/or goods and services supplied by Fauna Tropica. Deviations from these conditions can only be agreed upon in writing.
1.2 In these conditions, the following terms are defined as follows:
A) Consumer; The person with whom Fauna Tropica has entered into an agreement or wishes to enter into an agreement.
B) Order; Order and/or assignment.
C) Goods/the delivered: All goods and materials delivered or to be delivered by Fauna Tropica.
article 2 - Establishment of the agreement
2.1 By placing an order, you agree to the payment and delivery conditions.
2.2 Fauna Tropica guarantees that the product supplied meets the specifications stated on the website.
article 3 - Delivery time
3.1 All delivery times mentioned on the website are indicative. No rights can be derived from these times.
3.2 We have a certain delivery time for the delivery of orders. If your order is placed before 14:00 hours, we will try to have it shipped the same day (Monday to Friday). Orders placed after 14:00 hours will be attempted to be shipped on the next working day.
3.3 If a product is not in stock, it is normally not possible to order this product via the webshop unless the option to place a backorder is indicated.
In the case of a backorder, we will order the products as soon as possible and inform you about the status. If a product is not in stock, we always proceed to supplement this product as soon as possible. It is also possible to send us an email with your requested product and leave your email address so that we can inform you when the product is back in stock.
article 4 - Delivery
4.1 Under distance selling regulations, Fauna Tropica will fulfill orders within 30 days. If this is not possible (for any reason), the consumer will be informed as soon as possible. At that point, the consumer can choose to cancel the entire order or part of it without any additional costs.
4.2 The obligation of delivery by Fauna Tropica is considered fulfilled once the order has been marked as shipped on the website or by email, the consumer has received the tracking code, and the order can be tracked on the DHL website.
4.3 The consumer is responsible for providing accurate shipping information. If costs are incurred due to incorrect information provided by the consumer, these costs may be deducted from the refund amount.
4.4 After handing over the package to the carrier, responsibility for delivery transfers to the chosen transport service. Fauna Tropica is not liable for any delays or issues after this point. For up-to-date information about the expected delivery time or duration, please consult the carrier's website.
4.5 In the event of a missing package, Fauna Tropica will initiate an investigation with the carrier. The customer is kept informed of the progress. If the package cannot be traced, compensation will be provided by resending the order at no additional cost to the buyer.
article 5 - Prices
5.1 Prices on the website are subject to change without notice. Once the consumer has paid for a product, the price at the time of payment remains valid.
5.2 Fauna Tropica is not responsible for printing and typing errors on the website.
5.3 All prices are in euros (€) and include 21% VAT but exclude shipping costs.
5.4 Shipping costs are visible in the shopping cart at checkout. Orders over €200 are shipped free of charge within the Netherlands.
article 6 - Reviews
6.1 All reviews are checked and personally controlled by the Fauna Tropica team. Fauna Tropica reserves the right to modify or remove reviews if necessary.
6.2 Reviews are not paid for or sponsored.
article 7 - View period/right of withdrawal
7.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7: 5 BW), the consumer has the right to return (part of) the delivered goods within 14 days without giving any reason. This period begins when the ordered items are delivered. If the consumer has not returned the delivered goods to Fauna Tropica after this period, the purchase is a fact.
Before proceeding to return, the customer is obliged to report this in writing to Fauna Tropica within the period of 14 days after delivery and must notice each product that will be returned. The customer must prove that the delivered goods have been returned in time, for example by means of proof of postal delivery.
The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph will lapse. With due observance of the provisions in the previous sentence, Fauna Tropica ensures that the full purchase amount including the calculated shipping costs is refunded to the customer within 14 days after receipt of the return shipment (this concerns the entire order with all ordered items). Refunds will only take place after the returned products have been received by the seller.
If only a part of the order is returned, only the returned products that will be reimbursed, without the shipping costs.
7.2 The return of the delivered goods is entirely at the expense and risk of the consumer.
7.3 Only purchased and payed products from Fauna Tropica can be returned.
7.4 The right of withdrawal does not apply to:
- Live animals; shrimp, fish, snails, and aquatic plants.
- Goods manufactured according to the consumer's specifications, for example, custom work, or that have a clearly personal character.
- Products with a limited expiration date are excluded from returns.
article 8 - Data management
8.1 If a consumer places an order with Fauna Tropica, their data will be included in Fauna Tropica's database. Fauna Tropica adheres to the General Data Protection Regulation (GDPR) and will not provide your information to third parties.
article 9 - Warranty and conformity
9.1 Fauna Tropica 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 legal provisions and/or government regulations existing at the date of the agreement's conclusion
9.2 An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert towards the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law and/or the distance contract.
9.3 There is no guarantee of any form whatsoever on livestock. All risks are for the buyer. This arrangement is valid from the moment that the seller has presented the package to the carrier until receipt.
9.4 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is incorrect, inadequate or incomplete, then the customer (before proceeding to return to Fauna Tropica) must immediately report these defects in writing to Fauna Tropica. Any defects or incorrectly delivered goods must and can be reported in writing to Fauna Tropica no later than 2 months after delivery.
The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Taking into use after detection of defect, damage occurring after detection of defect, encumbrance and/or resale after detection of defect, completely voids this right to complain and return.
9.5 If complaints from the customer are found to be justified by Fauna Tropica, Fauna Tropica will, at its option, either replace the delivered goods free of charge or make a written arrangement with the customer about the compensation, on the understanding that the liability of Fauna Tropica and therefore the amount of the compensation always is limited to a maximum of the invoice amount of the items concerned, or (at the option of Fauna Tropica) to the maximum amount covered in the relevant case by the liability insurance. Any liability of Fauna Tropica for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
9.6 Fauna Tropica is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial personnel.
9.7 This guarantee does not apply if:
A) and as long as the customer is in default with regard to Fauna Tropica;
B) the customer has repaired and/or processed the delivered goods himself or has them repaired/or processed by third parties.
C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the instructions of Fauna Tropica and/or instructions on the packaging;
D) the inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used;
article 10 - Offers
10.1 Offers are without obligation, unless otherwise stated in the offer.
article 11 - Agreement
11.1 Fauna Tropica reserves the right not to accept orders or assignments without stating reasons or, to accept them only on the condition that the shipment is made cash on delivery or after payment in advance.
article 12 - Images and specifications
12.1 All images; photos, drawings, etc .; Among other things, data regarding weights, dimensions, colors, images of labels, etc. on the internet site of Fauna Tropica are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
article 13 - Force majeure
13.1 Fauna Tropica is not liable if and insofar as its commitments cannot be fulfilled as a result of force majeure.
13.2 Force majeure is understood to mean any strange cause, as well as any circumstance that should not reasonably be at its risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and/whether manufacturers of Fauna Tropica as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
13.3 In the event of force majeure, Fauna Tropica reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances is Fauna Tropica obliged to pay any fine or compensation.
13.4 If Fauna Tropica has already partially fulfilled its obligations at the onset of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
article 14 - Liability
14.1 Fauna Tropica is not liable for damage caused by incorrect use of the products. Before use, read the instructions on the packaging and/or consult our website.
14.2 Fauna Tropica is not liable for injury or any form of damage caused by our products.
article 15 - Retention of title
15.1 Ownership of all items sold and delivered to the customer by Fauna Tropica remains the property of Fauna Tropica as long as the buyer has not paid the claims of Fauna Tropica under the agreement or previous or later similar agreements, as long as the buyer has carried out the work performed or still to be performed these or similar agreements have not yet paid and as long as the customer has not yet paid the claims of Fauna Tropica due to failure to comply with such obligations, including claims with regard to fines, interest and costs, all this as referred to in Article 3:92 BW.
15.2 The items delivered by Fauna Tropica that fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.
15.3 The customer is not entitled to pledge or encumber in any other way the goods subject to retention of title.
15.4 The customer gives unconditional and irrevocable permission to Fauna Tropica or a third party to be appointed by Fauna Tropica to, in all cases in which Fauna Tropica wishes to exercise its ownership rights, to enter all those places where its properties will be located and to take those items there.
15.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to notify Fauna Tropica as soon as can reasonably be expected.
15.6 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection of Fauna Tropica on first request.
article 16 - Buy on account (Billink)
16.1 The personal data and/or company data that Fauna Tropica processes in the context of business operations are (partly) used by it or by third parties to whom the claims assigned (transferred) are used for or at:
A) risk analyzes
B) the prevention, detection and control of fraud or irregularities
16.2 Full payment of the total order amount must be paid to Billink B.V. within the set payment term. (hereinafter: "Billink"). After all, all rights under the claim have been transferred by us to Billink, who will take care of the collection of the claim. Your data will be checked and registered by or on behalf of Billink, this data can be used, among other things, for the collection of claims and review of orders in the implementation of the acceptance policy of affiliated organizations. Billink reserves the right to refuse the customer's request for payment on account. The payment term used is a strict deadline. In the event of late payment, the customer is therefore in default without notice of default and Billink is entitled to charge a contractual interest of 0.75% per month (whereby part of a month is considered as a whole month) from the due date of the invoice. Billink is also entitled to charge extrajudicial collection costs to the customer on the basis of the law. In the case of business customers, Billink is also entitled to charge reminder and reminder costs to the customer, without prejudice to Billink's right to charge the customer for the actual costs incurred if they exceed the amount calculated in this way. These costs amount to at least 15% of the principal with a minimum of €40,- euro's for consumers and €75,- euro's for companies. Billink is also entitled to transfer the claim to a third party. In that case, the provisions of the foregoing with regard to Billink will also be transferred to the third party to whom the claim has been transferred.
article 17 - Complaints procedure
17.1 We recommend that you first report complaints to us by emailing info@faunatropica.eu. If this does not lead to a solution, it is possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. When your complaint has not yet been dealt with elsewhere, you are free to file your complaint via the European Union platform.
article 18 - Applicable law/competent court
18.1 Dutch law applies to all agreements.
18.2 Disputes arising from an agreement between Fauna Tropica and the buyer, which cannot be resolved by mutual agreement, will be dealt with by the competent court in the district of 's-Hertogenbosch, unless Fauna Tropica prefers the difference to the competent court of the place of residence of the buyer, and with the exception of those disputes that fall within the competence of the Subdistrict Court.
