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Article 1. General

These terms and conditions apply to all current and future commercial agreements with PigeonFeed (division of T.T.T. bvba), with registered office at Venecolaan 52A, 9880 Aalter (Belgium), and with VAT number BE0448964696 (hereinafter referred to as PigeonFeed). As soon as the customer enters into a sales agreement with PigeonFeed, it accepts the general terms and conditions as described in this document, as well as all rights and obligations arising from the sales agreement, which may differ per product or service offered. The Customer also acknowledges that only PigeonFeed's general terms and conditions apply to sales contracts concluded with PigeonFeed.

Article 2. Applicability

The general terms and conditions are always and exclusively applicable to all goods and services offered by www.pigeonFeed.be, except in the event that the parties explicitly deviate from them in writing. Express deviations are only valid to replace or supplement the clauses to which they relate. The other provisions of the terms and conditions of sale remain in full force and effect. The invalidity of a provision does not affect the validity of the other provisions of the general terms and conditions, which remain fully applicable. PigeonFeed reserves the right to amend and/or supplement the General Terms and Conditions at any time for future provisions. A future amendment will not affect existing agreements.

Article 3. Content

Content' means all goods, texts, images, descriptions and other data mentioned on any communication from PigeonFeed, including but not limited to e-mails, websites, webshops or catalogues. PigeonFeed cannot guarantee that the content will not contain any errors, omissions or typographical errors or that the information will always be up-to-date. PigeonFeed reserves the right to modify, change or delete the content at any time without prior notice. The content of PigeonFeed's various forms of communication is non-binding and is intended for informational purposes only. All images and photographs of goods are purely indicative. The settings of a screen on which the customer visits a web shop/site or on which e-mails are opened may cause the colours of the goods depicted to vary. The print reproduction of catalogues and related documents may also cause colour deviations. The PigeonFeed webshop is intended to make general information available to the customer about his/her goods and activities. PigeonFeed is only under an obligation to use its best efforts with regard to access, the ordering process, delivery or other services. PigeonFeed cannot be held liable if, for any reason whatsoever, the webshop is not available for a certain period of time and does not guarantee that access to the webshop will be uninterrupted, timely or error-free. Users may view and print the information on the webshop free of charge for personal use, but may not use it for commercial purposes.

Article 4. Offer and order

Anyone who places an order confirms their legal capacity. PigeonFeed undertakes to process orders placed as long as stocks last and within the limits set out in these terms and conditions. The order can only be processed if the customer is clearly identified. Anyone placing an order declares that they know and accept PigeonFeed's general terms and conditions. PigeonFeed reserves the right to refuse orders in the event of a serious suspicion of abuse of rights or bad faith, a serious suspicion of commercial purposes unacceptable to PigeonFeed or in the event of exhaustion of the stock of a particular item. PigeonFeed and the customer expressly agree that electronic forms of communication are means by which a valid contract can be concluded. Placing an order implies an obligation to pay. The general terms and conditions are always available and can be consulted via the webshop. For each order, the general terms and conditions applicable at that time on the webshop and/or the invoice are applicable. An order is only final after acceptance of these general terms and conditions, the prices and the description of the offer. If something in the offer or after ordering would be unclear, the customer can always contact us.

Article 5. Signature and proof

The customer accepts electronic evidence. The customer is solely and exclusively responsible for the accuracy of all data he or she transmits. The final confirmation of the order by the customer is deemed to be the acceptance of the order at the set price.

Article 6. Payment

All prices of goods are quoted in euros and include the applicable 21% or 9% VAT, depending on the type of goods purchased and in compliance with VAT legislation. This is always clearly stated on the invoice. Transport costs, taxes and other levies are not included, unless otherwise stated or explicitly agreed upon by a letter. Shipping costs are added after placing an order. The customer owes PigeonFeed the price indicated in the confirmation. Obvious errors in the quotation, such as obvious inaccuracies, may also be corrected by PigeonFeed after the conclusion of the agreement. PigeonFeed may change prices at any time without prior notice.

Article 7. Delivery

Goods are only delivered in the countries for which PigeonFeed accepts the order. The delivery of goods will, as far as possible, take place within the time specified in the individual order confirmation. Incorrect delivery addresses are the responsibility of the customer and may result in additional costs. The stated delivery times are not binding, but are given as an indication only. PigeonFeed is entitled to make partial deliveries. In the event of non-delivery of the goods, any sums paid by the customer will be refunded without interest or other compensation. The customer is responsible for all additional taxes and duties. PigeonFeed cannot be held responsible for any fees levied by a third party. Delivery is at the customer's risk. PigeonFeed assumes no responsibility for late deliveries due to unforeseen circumstances caused by third parties, nor for loss, theft or damage during shipment by third parties. No delay in delivery may give rise to cancellation of the purchase or payment of compensation in favour of the customer, except in the case of deliberate delay. PigeonFeed undertakes to pack the goods to be delivered as carefully as possible in order to avoid the risk of damage during normal handling. To the extent permitted by law, PigeonFeed shall not be liable for any losses, costs, liability, damages, fines or expenses resulting from a delay or failure to deliver. The goods, even shipped free of charge, travel at the customer's risk.

Article 8. Invoice conditions

All invoices are, unless otherwise stipulated and if not yet electronically paid, integral, net, without discount and payable in cash at the registered office immediately upon ordering from the webshop, unless otherwise agreed. The exchange rate risk is borne by the customer. Invoices are deemed to be accepted in full in the absence of a registered protest within 8 calendar days of receipt of the invoice. The invoice is deemed to have been received 3 working days after the date of issue. If payment is not made in time or in full, interest on arrears of 10% per annum will be due by operation of law and without notice of default, from the due date of the invoice until the day of payment in full. In the event of non-payment, late payment or full payment, a fixed compensation of 20% of the invoice amount with a minimum of 75 euros shall also be due, even if grace periods are granted. In the event of late payment of an invoice, all other claims of the customer that have not yet lapsed shall also become immediately due and payable by operation of law. In the event of non-payment, PigeonFeed reserves the right not to deliver the goods or to discontinue further deliveries. PigeonFeed also reserves the right to regard the sales contract as dissolved by operation of law and without prior notice of default for all or part of the contract that has not yet been executed.

Article 9. Retention of title

The delivered goods remain the property of PigeonFeed until full payment of the sales price, plus the costs and interest. The customer is therefore prohibited from reselling, renting, pledging, processing, incorporating or otherwise disposing of or encumbering the goods until the invoice has been paid in full, unless otherwise agreed with PigeonFeed. Nevertheless, the customer bears the risk of loss or destruction of the goods from the moment of delivery.

Article 10. Force majeure

PigeonFeed shall not be liable for any delay in the performance or non-performance of its obligations due to events beyond its normal control, including but not limited to natural disasters, actions of third parties (such as hackers, suppliers, governments, quasi-governments, supranational or local authorities), riots, riots, civil unrest, war, hostilities, disasters, terrorism, piracy, arrests, coercive measures by a competent authority, strikes and/or lock-out, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, accident, mechanical breakdown, third party software, disruptions or problems with public utilities, production interruptions, supply difficulties or shortages of raw materials, workers, energy or transport or delays in transport, work interruptions or other collective labour disputes that affect either PigeonFeed or its suppliers, disruptions in the Internet, the electricity grid, e-mail traffic or technology supplied by third parties, governmental measures and illness, even if these events are foreseeable.

Article 11. Intellectual Property Rights

All intellectual property rights and derived rights are retained by PigeonFeed. These intellectual property rights are understood to mean: copyrights, trademark, design and model rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The customer is prohibited from making use of and/or making changes to the intellectual property rights as described in this article of PigeonFeed's general terms and conditions. The content, images, logos, drawings, photographs, data, product names, texts, etc. on the web shop or in catalogues and other printed matter and digital publicity of PigeonFeed are protected by copyright and other (intellectual) property rights and treaty provisions.

Article 12. Processing of customer data (privacy)

When goods are purchased, the customer explicitly agrees that his/her personal data can be used for administrative purposes, such as tracking orders, shipments and invoices, and verifying solvency. The information provided by the customer is necessary for the processing and completion of orders and invoicing. By placing an order for a product, the customer data is transferred to PigeonFeed's customer database. PigeonFeed will never pass on this personal information to third parties, unless this is explicitly requested by judicial authorities or when it is legally required to do so. The customer has the right to object free of charge to the processing of his/her personal data for direct marketing initiatives. Only customers who have given their explicit consent will be included in the PigeonFeed newsletter. You can unsubscribe at the simple request of the customer. The customer has the right to view his or her personal information, to change it or have it removed.

 

Article 13. Defects and submission of complaints

The customer undertakes to carefully examine the goods immediately upon receipt. PigeonFeed's guarantee is limited to the guarantee for hidden defects and the guarantee in the case of consumer purchases, both provided for in the Civil Code. PigeonFeed is only responsible for damage resulting from intent or gross negligence. PigeonFeed is not liable for general or particular indirect damage, of whatever nature, suffered by the customer. Any problem or defect relating to the delivery of an article, damage or qualitative defect must be notified in writing by registered letter to the registered office. Complaints must reach PigeonFeed in order to be admissible: (b) in the case of hidden defects, 7 days after discovery of the defect or after the moment at which such discovery could reasonably have been made. PigeonFeed undertakes to respond to the complaint within a period of 14 calendar days after written receipt. PigeonFeed offers the guarantees provided by law. PigeonFeed is not liable for force majeure, accident, misuse or incorrect handling of an item by the customer. An article with an accepted defect will be replaced or repaired free of charge.

Article 14. Jurisdiction and applicable law

In the event of a dispute, only the courts and tribunals of the seller's district have jurisdiction