Information
Article 1 - Definitions.
In these terms and conditions, the following definitions shall apply:
1. Grace period: the period within which the consumer can exercise his right of withdrawal.
2. Consumer: the natural person who is not acting in the exercise of profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time; 5.
5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal made available by the entrepreneur which a consumer can fill in when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Fidoma Dogwear
Kelly Vlaeminck
Vissersstraat 47
8340 Moerkerke
Belgium
T 0479355191
E info@fidomadogwear.com
VAT number BE0568890350
Article 3 - Applicability
These general conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions will be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner 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 inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general conditions at any time wholly or partially void or destroyed, then the agreement and these conditions for the rest remain in force and the provision concerned will be replaced by mutual agreement immediately by a provision that the scope of the original as closely as possible.
Situations not provided for in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications data in the offer are indicative and can not give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
The minimum duration of the distance contract in the case of a duration transaction.Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
The price including taxes;
the possible costs of shipment;
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after its conclusion, and if so in what way it can be consulted by the consumer;
the manner in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them;
any languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
Article 5 - The agreement
The agreement comes into effect, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and fulfillment of the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, giving reasons.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
the information on guarantees and existing after-sales service;
the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
Upon delivery of products:
When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the reflection period, the consumer 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, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make this known by means of the model form or by another means of communication such as e-mail. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items were returned in time, for example by means of proof of shipment.
If the customer has not expressed his intention to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
In case of delivery of services:
With the delivery of services, the consumer has the possibility of dissolving the contract without giving reasons for at least 14 days, starting on the day of entering into the contract.
To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest on delivery.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, at most the cost of return shipment will be for his account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product is already received back by the merchant or conclusive evidence of complete return can be provided. Refund will be made via the same payment method used by the consumer unless the consumer explicitly authorizes a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.
The consumer can not be held liable for depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal, this should happen before the conclusion of the purchase agreement.
Article 8 - Exclusion of the right of withdrawal.
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated 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 made by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
Which by their nature can not be returned;
Which spoil or age quickly;
whose price is subject to fluctuations in the financial market that are beyond the Entrepreneur's control;
For individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services
concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
Of which the delivery has started with the express consent of the consumer before the withdrawal period has expired;
Regarding betting and lotteries.
Article 9 - The price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
they are the result of statutory regulations or provisions; orthe consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within 2 months after discovery of the defect.The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;the defectiveness is entirely or partially the result of regulations which the government has set or will set regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
The company will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term gives the consumer no right to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded.The costs of any return shipment shall be borne by the entrepreneur.The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Article 12 - Duration transactions: duration, termination and extension
Termination
The consumer may contract for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time terminate in accordance with agreed termination rules and a notice of up to one month.The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a period of notice that does not exceed one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:terminate at any time and not be limited to termination at a specific time or period;at least terminate them in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal
A fixed-term contract that has been entered into for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly extended for an indefinite period of time only if the consumer may terminate it at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular supply of trial days, newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract lasts more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 - Payment
Orders are paid in advance through the online payment system. Upon receipt of your payment, your order will be shipped within 14 days. “Products purchased through this online store are custom made according to the specification you entered. The right of withdrawal is therefore not applicable. The sale is thus final after successful payment.”
Article 14 - Complaint Procedure
Immediately upon receipt, the buyer is expected to check the delivered goods for visible defects.
Complaints must be sent to Fidoma Dogwear by registered mail within 8 days after delivery.
After this period, the delivered goods shall be deemed accepted.
Article 15 - Supplementary or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and shall be recorded in writing or in such a way that they can be stored in an accessible manner by the consumer on a durable data carrier.
Pricavy
Fidoma Dogwear cares a lot about your privacy. We therefore only process data we need for
(improving) our services and treat the information we collect about you and your use of
our services collected. We never make your data available for commercial purposes to
third parties.
This privacy policy applies to the use of the website and the services of Fidoma Dogwear. The effective date for the validity of these terms is 23/10/2023, with the publication of a
new version shall invalidate the validity of all previous versions. This privacy policy describes what data about you
are collected by us, what this data is used for and with whom and under what conditions
this data may be shared with third parties. We also explain to you how we store your
data and how we protect your data against misuse and what rights you have with regard to
the personal data you have provided to us.
If you have any questions about our privacy policy please contact our privacy contact person, you
find the contact details at the end of our privacy policy.
About the data processing
Below you can read how we process your data, where we store it (or have it stored), which
security techniques we use and to whom the data is visible.
Webshop software
MyWebstore
Our webshop is developed with software from MyOnlineStore. Personal information that you provide
services to us, are shared with this party. MyOnlineStore has access to your
data to provide us with (technical) support, they will never use your data for any other purpose.
purpose. MyOnlineStore is based on the agreement we have with them obliged to appropriate
security measures. MyOnlineStore uses cookies to collect technical information
collect technical information regarding your use of the software, no personal data is collected and/or
stored.
Web hosting
MyDomain
We purchase web hosting and email services from MijnDomein. MijnDomein processes personal data on our behalf
us and does not use your data for its own purposes. However, this party may collect metadata about the
use of the services. This is not personal data. MijnDomein has appropriate technical and
organizational measures to prevent loss and unauthorized use of your personal information.
prevent. MijnDomein is bound to secrecy under the contract.
We use the services of . This party has appropriate
technical and organizational measures to prevent abuse, loss and corruption of your and our data as much as possible.
has no access to our mailbox and we treat all our e-mail traffic confidential.
confidential.
Payment processors
Mollie
For handling (part of) the payments in our store we use the platform of
Mollie. Mollie processes your name, address and residence details and your payment information such as your bank account or
credit card number. Mollie has taken appropriate technical and organizational measures to protect your
personal data. Mollie reserves the right to use your data to further improve the
further improve its services and, in this context, share (anonymized) data with third parties.
All of the above guarantees regarding the protection of your personal data are also
applicable to those parts of Mollie's services for which it engages third parties. Mollie will not retain your
data no longer than permitted under the legal time limits.
ReviewsWebwinkelKeur
We collect reviews through the platform of WebwinkelKeur. If you leave a review via WebwinkelKeur then
You are required to provide a name and email address. WebwinkelKeur shares this information with us, so we
can link the review to your order. In some cases WebwinkelKeur may contact you
to provide an explanation of your review. In the event that we invite you to leave a review we share
your name and email address with WebwinkelKeur. They use this information only for the purpose of inviting you
to leave a review. WebwinkelKeur has appropriate technical and organizational measures
taken to protect your personal data. WebwinkelKeur reserves the right, for the purpose of
delivery of services to third parties, we have WebwinkelKeur permission to do so.
permission. All of the above guarantees regarding the protection of your personal
personal data also apply to those parts of the service for which WebwinkelKeur engages third parties.
WebwinkelKeur engages third parties.
Shipping and logistics
Bpost
EXAMPLE: If you place an order with us, it is our job to have your package delivered to you. We make
use the services of [Bpost] to carry out the deliveries. This requires us to share your
name, address and place of residence with [Bpost]. [Bpost] only uses these data for the purpose of
the performance of the contract. In the event that [Bpost] engages subcontractors, [Bpost] will also make your
data to these parties.
Purpose of the data processing
General purpose of the processing
We use your data solely for the purpose of providing our services. This means that the purpose of the
processing is always directly related to the order you provide. We do not use your data for
(targeted) marketing. If you share information with us and we use this information - other than at your
request - to contact you at a later time, we will ask you explicit permission to do so. Your
data will not be shared with third parties, other than to meet accounting and other administrative
obligations. These third parties are all bound to confidentiality by virtue of the agreement
between them and us or an oath or legal obligation.
Data collected automatically
Data automatically collected by our website is processed for the purpose of further improving our
service further improvement. This data (e.g. your IP address, web browser and
operating system) are not personal data.
Cooperation with fiscal and criminal investigations
Where appropriate, Fidoma Dogwear may be required by law to
share your data in connection with governmental fiscal or criminal investigations. In such a
case we are forced to share your data, but we will within the possibilities offered by law
against this.
Retention periods
We will retain your data for as long as you are our client. This means that we will retain your client profile until you
indicate that you no longer wish to use our services. If you indicate this to us we will
also interpret this as a request to forget. This also means that we will not keep your data for longer than two years
from the last moment of contact or transaction, unless there is a legal justification.
basis. Pursuant to applicable administrative obligations, we are required to retain invoices containing your
(personal) data, we will therefore retain this data for as long as the applicable term runs.
However, employees no longer have access to your client profile and documents we have produced as a result of
your order.
Your rights
Under the applicable Dutch and European legislation, as a data subject you have certain rights with respect to
with respect to personal data processed by or on behalf of us. We explain below which
rights are and how you can invoke these rights. In principle, in order to prevent misuse, we will send
copies and copies of your data only to your e-mail address already known to us. In the event that you send the
data to another e-mail address or for example by post, we will ask you to identify yourself.
identification. We keep records of processed requests; in the case of forgetting requests, we
We keep anonymous records. You will receive all transcripts and copies of data in the
machine-readable data format that we use within our systems. You have the right at any time to file a
complaint to the Personal Data Authority if you suspect that we are using your personal data in an
wrong way.
Right of inspection
You always have the right to inspect the data that we process (or have processed) and that relate to your person or can be traced back to you.
are traceable to your person. You can make a request to that effect to our contact person for
privacy matters. You will receive a response to your request within 30 days. If your request is granted
We will send you a copy of all data, together with a list of the processors holding the data, to the e-mail address known to us.
who hold this data, indicating the category under which we have stored this data.
stored.
Right of rectification
You always have the right to have the data that we process (or have processed) and that relate to your person or are traceable to you rectified.
are traceable to you, to have them corrected. You can make a request to this effect to our contact person
for privacy matters. You will then receive a response to your request within 30 days. If your request is granted
we will send you a confirmation at the e-mail address known to us that the data has been adjusted.
Right to restriction of processing
You always have the right to restrict the data we process (or have processed) that relates to your person or is traceable to you.
are traceable to your person. You can make a request to this effect to our contact person for
privacy matters. You will then receive a response to your request within 30 days. If your request is granted
We will send you a confirmation at the e-mail address known to us that the data will no longer be processed until you lift the restriction.
will no longer be processed.
Right to transferability
You always have the right to transfer the data that we process (or have processed) and that relate to your person or can be traced back to you.
can be traced back to you, by another party. You can make a request to this effect to
our contact person for privacy matters. You will then receive a response to your request within 30 days. If your
request is granted, we will send you, at the e-mail address known to us, copies or transcripts of all data
about you that we have processed or have processed on our behalf by other processors or third parties. In all
likelihood, we will no longer be able to continue providing services in such a case, because the secure
interconnection of data files can then no longer be guaranteed.
Right of objection and other rights
You have the right to object, where appropriate, to the processing of your personal data
by or on behalf of Fidoma Dogwear. If you object, we will immediately cease the data processing
cease immediately pending the handling of your objection. If your objection is founded we will provide copies and/or
copies of data which we process (or have processed) to you and then permanently stop the processing.
cease. You also have the right not to be subjected to automated individual decision-making or profiling.
profiling. We do not process your data in such a way that this right applies. If you
believe that it does, please contact our contact person for privacy matters.
Cookies
Third party cookies
In the event that third-party software solutions use cookies, this is stated in this
privacy statement.
Changes in Privacy Policy
We reserve the right to change our privacy policy at any time. However, on this page you will always find the most
latest version. If the new privacy policy affects the way we process data already collected
relating to you, we will notify you by email.
Contact details
Fidoma Dogwear
Vissersstraat 47 8340 Moerkerke Belgium info@fidomadogwear.com
Contact person for privacy matters
Kelly Vlaeminck