Terms of service
TERMS AND CONDITIONS
OVERVIEW
This website is operated by BARX Dogs. Throughout the site, the terms “we”, “us” and “our” refer to BARX Dogs. BARX Dogs offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service, insofar as permitted by applicable consumer law.
Any new features or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of these Terms at any time on this page.
We reserve the right to update or change these Terms where permitted by applicable law. Changes will not affect rights and obligations arising from orders already concluded unless required by law.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By using this website, you represent that you are legally capable of entering into an agreement under the laws applicable to you.
You may not use our products or services for any illegal or unauthorized purpose, nor may you violate any applicable laws when using our Service.
You must not transmit any worms, viruses or other code of a destructive nature.
A breach or violation of these Terms may result in termination of your access to our Service, insofar as permitted by applicable law.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse or cancel orders where we have a legitimate reason to do so and where permitted by applicable law.
You understand that your content, excluding payment information, may be transferred over various networks and adapted to technical requirements of connecting networks or devices. Payment information is handled securely by the relevant payment providers.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.
The headings used in these Terms are included for convenience only and do not affect the interpretation of these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make reasonable efforts to ensure that the information available on this website is accurate and up to date.
Information provided on this website is intended as general information. Product information, prices, availability and other relevant information may be updated from time to time.
Nothing in this section excludes or limits any statutory rights you may have as a consumer.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products may change from time to time.
Any price change will not affect an order that has already been concluded at the previously agreed price.
We reserve the right to modify, suspend or discontinue parts of our website or Service where reasonably necessary.
Nothing in this section limits your statutory consumer rights.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through our website. Products may have limited quantities and are subject to our Return and Refund Policy and applicable consumer legislation.
We make every reasonable effort to display the colours, photographs, descriptions and other characteristics of our products as accurately as possible. However, the display of colours may vary depending on the screen or device used.
We reserve the right to limit quantities or discontinue products where reasonably necessary.
Product descriptions, prices and availability may be updated from time to time. Changes do not affect orders that have already been concluded.
Nothing in these Terms excludes any statutory warranty or conformity rights that consumers have under applicable law.
SECTION 6 – BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel an order where there is a legitimate reason, for example in cases of suspected fraud, obvious pricing errors, incorrect availability information or orders placed for unauthorized resale.
If we cancel or modify an order, we will attempt to notify you using the email address, billing address or telephone number provided when placing the order.
You agree to provide current, complete and accurate purchase and account information when making a purchase from our store.
You are responsible for keeping your contact and account information up to date.
For more information about returns and refunds, please review our Return and Refund Policy.
SECTION 7 – RIGHT OF WITHDRAWAL AND RETURNS
As a consumer, you have the right to withdraw from your purchase without giving any reason within 14 days after the day on which you, or a third party designated by you other than the carrier, receives the product.
To exercise your right of withdrawal, you must inform BARX Dogs of your decision to withdraw from the agreement by means of an unequivocal statement. You can do this by contacting us at contact@barxdogs.eu.
After notifying us that you wish to exercise your right of withdrawal, you have another 14 days to return the product(s).
The direct costs of returning the product(s) are your responsibility, unless otherwise required by law or agreed by us.
If you exercise your right of withdrawal, we will refund all payments received from you in relation to the returned order, including the standard delivery costs, within 14 days after receiving your notification of withdrawal.
If you selected a more expensive delivery method than our standard delivery option, we are not required to reimburse the additional delivery costs.
We may withhold reimbursement until we have received the returned product(s), or until you have provided evidence that you have returned the product(s), whichever occurs first.
If only part of an order is returned and the original delivery costs would have been the same for the products you keep, the original delivery costs will not be refunded.
Unless otherwise agreed, the refund will be made using the same payment method that you used for the original transaction.
You must handle the products and their packaging with care during the withdrawal period. You may only unpack, inspect or use a product to the extent necessary to determine its nature, characteristics and functioning.
If you handle or use a product beyond what is necessary to determine its nature, characteristics and functioning, you may be liable for the resulting decrease in value. BARX Dogs may deduct this depreciation from the amount to be refunded where permitted by law.
Where reasonably possible, please return the product with all supplied accessories and in its original condition and packaging. Products must be properly packaged for return shipping.
The right of withdrawal may not apply to products that are legally excluded from the right of withdrawal, such as products made according to the consumer's specifications, clearly personalized products or sealed products that are not suitable for return for reasons of health protection or hygiene where the seal has been broken after delivery, where applicable.
Any applicable exclusion from the right of withdrawal will be clearly communicated before purchase where required by law.
For further information and return instructions, please see our Return and Refund Policy.
SECTION 8 – CANCELLATION BEFORE SHIPMENT
If you wish to cancel your order before it has been shipped, please contact us as soon as possible at contact@barxdogs.eu.
We will do our best to cancel the order before shipment.
If your order has already been processed or prepared for shipment, it may no longer be possible to stop the shipment.
This does not affect your statutory right of withdrawal as described in Section 7.
SECTION 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not have full control.
Your use of third-party tools may also be subject to the terms and privacy policies of the relevant third-party provider.
We may offer new services and/or features through the website in the future. Such features or services will also be subject to these Terms where applicable.
SECTION 10 – THIRD-PARTY LINKS
Certain content, products or services available through our Service may include materials or links from third parties.
Third-party links may direct you to websites that are not affiliated with BARX Dogs.
We are not responsible for the content or practices of third-party websites, except where liability cannot legally be excluded.
Please review the relevant third party's policies and terms before entering into a transaction with them.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us comments, feedback, ideas, suggestions, photographs or other materials, we may use these where you have given us the necessary permission or where such use is otherwise legally permitted.
You may not submit content that violates the rights of third parties, including intellectual property, privacy or other legal rights.
You may not submit unlawful, abusive, defamatory, obscene or malicious content or content containing malware or other harmful code.
You are responsible for the accuracy and legality of the content you submit.
SECTION 12 – PERSONAL INFORMATION
Your submission and processing of personal information through our store is governed by our Privacy Policy.
Please review our Privacy Policy for information about how we collect, use, store and protect your personal data.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times or availability.
We reserve the right to correct obvious errors and update information where appropriate.
If an error affects an order you have already placed, we will contact you where necessary.
Nothing in this section limits your statutory consumer rights.
SECTION 14 – PROHIBITED USES
You are prohibited from using the website or its content:
(a) for any unlawful purpose;
(b) to encourage others to perform unlawful acts;
(c) to violate applicable laws or regulations;
(d) to infringe our intellectual property rights or those of others;
(e) to harass, abuse, threaten, defame or unlawfully discriminate against others;
(f) to submit false or misleading information;
(g) to upload or transmit viruses, malware or other malicious code;
(h) to unlawfully collect or track personal information of others;
(i) to spam, phish, scrape or otherwise misuse the website;
(j) for obscene or unlawful purposes; or
(k) to interfere with or circumvent the security features of the Service.
We reserve the right to restrict or terminate access to the Service where these rules are violated and where permitted by law.
SECTION 15 – WARRANTIES AND LIABILITY
BARX Dogs will provide its products and services in accordance with applicable consumer law.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law.
To the extent permitted by law, BARX Dogs is not responsible for indirect or consequential losses that could not reasonably have been foreseen at the time the agreement was concluded.
We do not exclude liability for damage resulting from intent or gross negligence where such exclusion would be prohibited by law.
Your statutory rights regarding defective or non-conforming products remain unaffected.
SECTION 16 – INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify BARX Dogs against claims arising directly from your unlawful use of our website or your material breach of these Terms.
This section does not limit any statutory rights you have as a consumer.
SECTION 17 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be limited or removed only to the extent necessary.
The remaining provisions will continue to remain valid and enforceable.
SECTION 18 – TERMINATION
These Terms remain effective while you use our Service.
You may stop using our website or Service at any time.
We may restrict or terminate access to the Service in the event of a material breach of these Terms, unlawful conduct, fraud or misuse, where permitted by applicable law.
Termination does not affect rights and obligations that arose before termination.
SECTION 19 – COMPLAINTS AND WEBWINKELKEUR
If you have a complaint about our products or services, please contact us at contact@barxdogs.eu.
Please provide a clear description of your complaint and, where applicable, your order number so that we can assist you as efficiently as possible.
We will review complaints and aim to provide a substantive response within a reasonable period.
Complaints about our products or services can also be submitted via WebwinkelKeur. WebwinkelKeur may mediate between the customer and BARX Dogs where appropriate.
Further information about the complaints procedure and mediation is available through WebwinkelKeur.
Nothing in this complaints procedure limits your statutory rights as a consumer.
SECTION 20 – ENTIRE AGREEMENT
These Terms of Service, together with the policies and other terms expressly referred to in them, constitute the agreement between you and BARX Dogs regarding your use of our Service and purchases made through our store.
If any provision of these Terms conflicts with mandatory consumer law, the applicable mandatory consumer law will prevail.
SECTION 21 – GOVERNING LAW
These Terms and agreements between you and BARX Dogs are governed by the applicable laws of [Belgium / the Netherlands – select the country where BARX Dogs is legally established], without depriving consumers of any mandatory protection granted to them under the laws of their country of residence where applicable.
Any disputes will be handled by the competent courts in accordance with applicable law.
SECTION 22 – CHANGES TO THESE TERMS
You can review the most current version of these Terms at any time on this page.
We reserve the right to update or change these Terms where reasonably necessary, for example because of changes to our services, business operations or applicable legislation.
Changes to these Terms will not retroactively alter the terms applicable to orders already concluded unless required by law.
SECTION 23 – CONTACT INFORMATION
Questions about these Terms and Conditions can be sent to:
BARX Dogs
Address: Hoevelei 43B2
Postal code and city: 2630, Aartselaar
Country: Belgium
Email: contact@barxdogs.eu
Telephone/WhatsApp: +31640408349
Enterprise number (KBO): 1039505448
VAT number: BE1039505448
For questions about an order, return, complaint or your right of withdrawal, please contact us at contact@barxdogs.eu.