These general terms and conditions apply to all offers, quotations and agreements of The Happy Animal Planet BVBA, hereinafter referred to as “HAP “.
By making an agreement with HAP, the other party shall waive any conditions used by him, so that all of our agreements are exclusively applicable to the conditions used by HAP.
All offers and quotations made by HAP are without obligation. The agreement is concluded first by the written (order) confirmation of HAP or by the actual execution by HAP.
Agreed delivery times shall never be regarded as a fatal term unless expressly agreed. Therefore, in the event of an untimely performance, HAP must be defaulted in writing by registered mail, before HAP can be set in default.
All statements and/or mentions by HAP with respect to its products and/or services shall be made to the best of the knowledge, but are not binding. Any deviations and/or modifications of any kind and magnitude are expressly reserved by HAP.
HAP is entitled to change the agreed rates and/or prices at any time. If the other party of HAP is a consumer (being a natural person not acting in the pursuit of his profession or business), that consumer is entitled to dissolve the Agreement if the price increase is set within three months of the moment when the conclusion of the Agreement took place.
All prices are exclusive of VAT unless expressly stated otherwise. HAP is entitled to charge any change in the VAT rate to the other party.
Unless expressly agreed otherwise, the invoices of HAP must be paid in cash for delivery. Any right to settlement is excluded.
In the event of a non-timely payment, all legal process and execution costs as well as the administrative costs and extrajudicial collection costs are borne by the other party. The extrajudicial collection costs amount to at least 15% of the invoice amount with a minimum of €250.00. Furthermore, all judicial litigation and enforcement costs, including all legal aid and attorneys ‘ fees, are borne by the other party.
HAP always has the right to require security for payment or prepayment both before and after the conclusion of the agreement, under suspension of the execution of the agreement by HAP until the security is provided and/or the Prepayment is received by HAP.
All products delivered remain the property of HAP until the moment of receipt of full payment of what the other party HAP in respect of any delivery is payable, including the interest and the costs.
If, in the reasonable judgement of HAP as a result of force majeure, including a circumstance beyond its control, fulfilment by HAP is not or will be possible under shortcoming, it shall have the right to complete or to suspend the execution of the agreement temporarily, without any compensation being held. Force majeure includes, but is not limited to, transport bans, war danger, war, rebellion, molest, strikes, boycott, malfunction of traffic or transport, malfunctions in (data) networks, measures of Government, scarcity of raw materials, natural disasters, fire, atomic nuclear reactions, machine breakage and, moreover, all circumstances, including full or partial fulfilment of the agreement in its reasonableness and fairness can not be taken out by HAP.
If, at the onset of the force majeure, HAP has already partially fulfilled its obligations, or can only partially fulfil its obligations, it shall be entitled to invoice the already delivered or the available part separately and the Other party will be obliged to comply with this invoice as if it concerned a separate contract.
Deliability of HAP, of the staff of HAP and of the persons for whom HAP is responsible for and/or liable for damages, including consequential damages (including loss of delay, and loss of profits), which is imputable, is in all cases, limited to not more than the invoice value of the part of the agreement, from which the liability arises.
HAP and the other party are both obliged to abide by European and national rules on health rules on animal by-products not intended for human consumption, including Regulation 2002/R1774 of the European Parliament and the Council. For damage that arises (partly) because the counterparty does not act in accordance with this Regulation, HAP is in no way liable. The same applies to damage that has (partly) arisen because the counterparty has departed from nutritional requirements as stated on packages of HAP products.
Counterparty indemnifies HAP for any liability to third parties arising from his assignment, as well as for any liability to third parties in connection with the use or non-use by the other party of the products sold by HAP Products.
Complaints against the execution of the agreement by HAP should be brought to the notice as soon as possible by registered letter, but in any case within eight days after the delivery of the products by HAP, after which all rights of the Counterparty to HAP are waived.
All disputes relating to the agreements concluded by HAP shall be brought before the competent court in the district of Antwerp. All agreements concluded with HAP are governed by Belgian law.
Deliveries shall be carried out at the expense of the client. In the absence of the beneficiary, it shall be notified of the attempt of delivery. Instructions are provided for the further handling of the delivery.
If they are not carried out and the goods cannot be delivered, HAP bears no responsibility for this delivery.
For return goods, this delivery is considered as handled by the company HAP.
We offer our packages in 2 different regimes:
Private customer: package is offered at the home address and in case of absence, a card is inserted in the bus with instructions stated. It is stated in which drop off point it can be collected and the last collection date.
Professional customer: The package is offered to the customer three times before the goods are sent back to HAP.
Delivery of goods is within two weeks.
If the goods are returned to HAP and the procedures of both private and professional customers have not been followed, HAP will only resend these goods after payment of a 40 Euro fee, plus the shipping costs. Hap will only return the goods after payment of these costs.