Terms and conditions
Article 1 General
Article 2 Formation of the agreement
Article 3 Retention of title
Article 4 Consumer’s right of withdrawal
Article 5 Payment
Article 6 Payment options and dispatch costs
Article 7 Delivery
Article 8 Risk transfer
Article 9 Warranty
Article 10 Exclusion of liability
Article 11 Amendment of the General Terms and Conditions
Article 12 Concluding provisions
General Terms and Conditions
Gallagher Europe B.V.
9723 AZ Groningen
VAT Number: NL004406217 B01
Email address: [email protected]
CoC Number: 02033672
Art. 1 General
1. Gallagher Europe offers products for raising animals and fences in particular via its online shop on the website www.birthalarm.com. In these General Terms and Conditions, “the website” refers to the website www.birthalarm.com.
2. The below General Terms and Conditions apply to the relationship between Gallagher Europe and its customers. The version at the time of the formation of the relevant agreement is always the valid version.
3. A consumer within the meaning of these General Terms and Conditions is a natural person with whom a business relation is effected, which does not form part of a commercial or independent professional activity.
An entrepreneur within the meaning of these General Terms and Conditions is a natural person, a legal entity or a partnership with whom or which a business relation is effected as part of their commercial or independent professional activity.
A customer within the meaning of these General Terms and Conditions refers to both a consumer and an entrepreneur.
3. Any derogating, contradictory or additional general conditions will not become part of the agreement, unless their applicability is expressly acknowledged.
Art. 2 Formation of the agreement
1. All the information on the website of Gallagher Europe is without obligation and non-binding, and the mention of the goods to be sold is merely an invitation to make an offer to enter into an agreement. This also means that any incorrect information on the website of Gallagher Europe cannot lead to any binding force or liability on the part of Gallagher Europe, and that as a consequence of technological limitations of the image the ordered goods may show a reasonably minor deviation in comparison with the goods shown on the website. This mainly concerns colour differences, where reasonable.
2. An order can be placed by the customer via our website, by email or by post. An order placed by the customer (by putting goods into the virtual shopping basket on the website of Gallagher Europe and clicking on the “place order” button) constitutes a binding offer to conclude a purchase agreement with regard to the ordered good(s).
3. Gallagher Europe will confirm receipt of an order from the customer immediately by email. Such a receipt confirmation does not constitute the acceptance of the order. The agreement becomes effective through the dispatch of a separate order confirmation or the delivery of the goods.
In derogation from the above, when payment is made via iDEAL, acceptance of the order coincides with the automatically generated order confirmation. In that case the agreement becomes effective through that order confirmation.
4. The agreement becomes effective subject to the proviso that the delivery can be cancelled in full or in part in the event of faults or nonconformities in the goods delivered to Gallagher.
This applies only in the event that such non-delivery cannot be attributed to Gallagher Europe, and it has concluded a sufficiently specific supply agreement, observing the necessary care, with its supplier.
If this is not the case, the consideration will be refunded immediately. In the event of the complete or partial non-availability of the goods, the customer will be informed immediately.
5. When the customer places an order, the text of the agreement will be stored, and after the formation of the agreement by email it will be sent to the customer, along with a link to the General Terms and Conditions which form a legal part of the agreement.
6. Minors are not entitled to order goods.
Art. 3 Retention of title
1. As regards consumers, Gallagher Europe remains the owner of the goods until the purchase sum has been paid in full by the customer.
As regards entrepreneurs, Gallagher Europe remains the owner of the goods until all the receivables from the current business relation have been paid in full.
2. In the event of non-compliance with the agreement by the customer, in particular in case of a payment default, or a suspension of payments or insolvency, Gallagher Europe will be entitled to dissolve the agreement and reclaim the goods, insofar as the customer has not yet (fully) paid the consideration.
3. The entrepreneur is entitled to resell the goods within the context of normal business operations. As regards such sales, the claim of Gallagher Europe against the entrepreneur in terms of the resold goods will become immediately due in full, insofar as it was not already due.
Art. 4 Consumer’s right of withdrawal
Consumers have the option described hereafter to dissolve the agreement (which description also applies as instruction). In this article, “dissolution” is understood to mean only dissolution by a consumer on the basis of Article 6:230o ff BW (Dutch Civil Code).
You can dissolve the agreement within 14 days without stating your reasons. The dissolution term expires 14 days after the date when you or a third party designated by you (but not the carrier) has received the ordered goods (or the last goods/dispatch/parts of the goods ordered in one order).
The dissolution right referred to here is exercised via an unambiguous statement (for example in writing by letter, fax or email), or – if the product was delivered to you before expiry of the term – by returning the goods. You can use the form you can find on our website for a written dissolution statement, but you are not obliged to use this.
Unless Gallagher Europe has offered to collect the goods, the consumer, in the event of a legal dissolution, must send or hand in the goods with all attributes and in the original state and packaging to Gallagher Europe or the Gallagher Europe dealer via which the goods were received immediately, and in any case within fourteen days of issuing the dissolution statement. The dissolution statement or returned goods must be addressed to:
GALLAGHER EUROPE B.V.
9723 AZ GRONINGEN
Tel. 0031 (0)50 368 31 00
Fax 0031 (0)50 368 31 86
E-mail: [email protected]
Goods that are suitable for dispatch as a postal parcel are returned at our risk. The immediate costs for returns will be at your expense if the delivered goods correspond to the order and the price of the product to be returned does not exceed € 40 or, in case of a higher price, if you had not yet paid the relevant consideration or agreed partial payment at the time of the dissolution. In all other cases the return will be at no cost. Products that are not suitable for parcel post will be collected from you.
The consumer will handle the goods and packaging carefully during the reflection period. He will unpack or use the goods only insofar as such is necessary in order to assess whether he wishes to keep the product. Following the legal dissolution of the agreement, Gallagher Europe will refund immediately, within fourteen days of the date when it has received the dissolution statement, all the amounts paid by the consumer, including the delivery costs. Unless Gallagher Europe has offered to collect the goods or have them collected by a dealer, the consumer cannot demand a refund until after Gallagher Europe or the dealer has received the goods, or the consumer has demonstrated that he has returned the goods, depending on which occurred first.
If you are unable to return to us in full or in part the received goods and benefits (such as the user benefit) after legal dissolution, or can only return them in a deteriorated condition, you must pay the difference to us. As regards any deteriorated condition of the goods and any derived benefit, you will be obliged to pay only insofar as the use of the product goes beyond investigating the properties and functioning of the goods. “Investigating the properties and functioning” is understood to mean testing and trying out the relevant product, as is common practice, for example, in a shop. Model withdrawal form (pdf)
Art. 5 Payment
1. The offered price is binding. In the event of special offers, the offered price will apply only for the duration of the campaign.
The price includes statutory turnover tax.
2. As regards long-distance agreements, additional dispatch costs will apply in accordance with the table of dispatch costs on the website.
3. The customer will be entitled to set off any claims only where his counterclaims have been legally established or have been recognised by Gallagher Europe. The client can exercise any right of retention only where the relevant counterclaim is based on the same contractual relationship.
Art. 6 Payment options
1. Customers can pay the price as stated on the website.
Art. 7 Delivery
1. Delivery will take place according to the method agreed when the order was placed on the Gallagher Europe website.
2. Goods that are in stock will be dispatched between 1 to 3 working days after formation of the agreement.
3. If the goods are not in stock when ordered, Gallagher Europe BV will order the goods immediately and notify the customer thereof forthwith, stating the expected delivery date.
4. Gallagher Europe will be entitled to deliver part of the order only when this is necessary in its own interest and is not unreasonable towards the customer. This will not lead to extra costs for the customer.
Art. 8 Risk transfer
As regards buyers, the risk of unintentional loss or unintentional deterioration of the sold product is transferred to the consumer the moment when the products are transferred by the transport service or the Gallagher Europe dealer; this also applies to long-distance sales.
Transfer is considered equal to the situation where the customer is in default in terms of acceptance of the products.
Art. 9 Warranty
1. Gallagher Europe gives a warranty on the goods corresponding to the warranty provisions enclosed with the goods. Any further legal obligations are excluded where permitted.
2. The warranty entails that we, with due observance of the warranty conditions and restrictions for the relevant goods most recently published at the time of delivery of the goods, will repair the products with a fault covered by the warranty free of charge, or will replace them if we believe that is a better solution. We are not liable for any transport and/or dispatch costs.
Art. 10 Liability
1. Our liability under the agreement is limited to compliance with the obligations described in the agreement, including the warranty obligation referred to in the previous article.
2. Our liability never includes any trading loss or other indirect damage, such as loss of profit or spent time.
3. Gallagher Europe is liable only for its own content on the website of its online shop.
Where links offer access to other websites, Gallagher Europe will not be liable for the content of third parties on those websites. Gallagher Europe does not adopt the content of third parties as its own content. If Gallagher Europe becomes aware of illegal content on external websites, it will block access to those websites immediately.
4. The exclusions and limitations of liability stipulated in the preceding paragraphs are also stipulated with regard to and for the benefit of our subordinates and any other person used by us for the purpose of the agreement, as well as those persons from whom we obtain products and/or parts, such also when wilful misconduct or gross negligence are involved.
5. The exclusions and limitations of liability in the preceding paragraphs do not apply to statutory product liability as arising from Council Directive 875/374/EEC, as amended and replaced afterwards and incorporated in the law of the Netherlands.
Art. 11 Amendment of the General Terms and Conditions
1. Gallagher Europe reserves the right to amend these General Terms and Conditions at all times, with a reasonable notification term of at least two weeks. Such notification will take place by means of publication on the website of the amended General Terms and Conditions, stating the time when the amendment will enter into force.
2. If the customer does not object within two weeks of publication, the amended General Terms and Conditions are deemed to have been accepted.
Art. 12 Concluding provisions
1. All legal relationships between Gallagher Europe and the customer are governed by the law of the Netherlands. This choice of governing law does not apply to consumers insofar as they would be deprived, as a result, from the protection they are entitled to on the basis of imperative law provisions from the country where they have their normal domicile.
2. Where the customer is an entrepreneur, a legal entity under public law or a foundation under public law, any disputes arising from this agreement will be settled only by the court competent for the registered office of Gallagher Europe, unless a different court with exclusive competence has been agreed.