Terms and Conditions

 

Terms and Conditions Charlie and Jones B.V.

1. Applicability

These general terms and conditions apply to all offers, orders, and agreements of Charlie and Jones B.V. (hereinafter also referred to as "we" or "us"). By ordering a product from us, you agree to these terms. Deviations from these terms are only binding if we have agreed to them in writing.

We respect the mandatory consumer rights arising from applicable (international) law. Nothing in these terms is intended to limit your statutory rights as a consumer. In the event of a conflict between these terms and mandatory consumer law, consumer law prevails.

2. International Consumer Rights (Right of Withdrawal)

As a consumer, you are entitled under European legislation to a cooling-off period and the right to dissolve the agreement (right of withdrawal) for online purchases:

  • Cooling-off period: You have the right to withdraw from the agreement without giving any reason within 14 days from the day of receipt of the product. After notifying us of your decision to exercise the right of withdrawal, you have an additional 14 days to actually return the product.
  • Withdrawal procedure: Within the cooling-off period, you must inform us of your decision to withdraw from the purchase via an unequivocal statement (preferably by email). You may optionally use the European model withdrawal form for this purpose. Please return the product as soon as possible, but no later than 14 days after your withdrawal notification. The product must be returned complete, undamaged, unused, and – as far as reasonably possible – in its original condition and packaging. The direct costs of return shipping are your responsibility unless otherwise agreed.
  • Refund: If you withdraw from the agreement, we will refund all payments received from you, including any standard shipping costs you paid for the initial shipment, within 14 days of withdrawal. We may withhold the refund until we have received the product back or you have provided proof of return, whichever is earlier. Any depreciation of the product due to handling beyond what is necessary to establish the nature, characteristics, and functioning of the product (as you would in a store) may be recovered from you by deducting a proportionate amount from the refund.
  • Exception for custom-made products: The right of withdrawal does not apply to products made to your specifications or clearly personalized. This means that for personalized or custom-made items (such as a collar with a name you specified, special dimensions, or unique color combinations) no cooling-off or return right applies unless the product is damaged or defective upon delivery. By ordering a custom product, you expressly agree to waive the statutory right of withdrawal for that order.

3. Delivery and Carrier Responsibility

We strive to produce and ship your order in a timely manner. Our average production time is approximately 3 business days. After production, your product will be shipped via a parcel service. The expected delivery time within Europe is up to 12 days after shipment. Please note: these are indicative timeframes and no absolute rights can be derived from them.

  • Dependence on carriers: Charlie and Jones B.V. relies on external carriers (postal and courier services) for delivery. We do not have full control over their services and therefore cannot guarantee that delivery will always occur within the stated timeframes. Unforeseen delays with the carrier, customs, or other logistics parties may occur.
  • Delay not a liability: Exceeding the indicated delivery times is not in itself a valid reason for you to cancel the purchase and does not entitle you to compensation, to the extent permitted by law. We will, of course, do everything reasonably possible to promote timely delivery, but delays do not constitute liability for us.
  • Action in case of problems: If a shipment is significantly delayed or lost, we will take appropriate measures in consultation with you. Depending on the situation, this may include making inquiries with the carrier, initiating an investigation, and/or (if lost) sending a replacement product or refunding the purchase price to you.
  • Risk transfer: Until the moment of actual delivery to you (or a recipient designated by you), Charlie and Jones B.V. bears the risk of loss or damage to the product.
  • From the delivery at the address you provided, this risk transfers to you, unless explicitly agreed otherwise or you have chosen a carrier not offered by us as an option.

4. Exclusion of Liability

Charlie and Jones B.V. strives to deliver high-quality and safe products. However, to the extent permitted by law, we exclude all liability for damage or loss resulting from the use of our products. In particular, the following applies:

  • Use at your own risk: The use of our collars and other products is entirely at the customer's own risk. Although our collars are carefully manufactured and tested, Charlie and Jones B.V. cannot guarantee that a collar will not come loose or break under all circumstances. You are responsible for correctly fitting and using the collar and for regularly checking for wear or defects.
  • Damage from collar detachment: Charlie and Jones B.V. is not liable for any damage, injury, or loss arising from a collar coming loose, breaking, or otherwise not functioning properly during use. This explicitly includes damage to animals, people, or property as well as all consequential and indirect damage. This includes the running away or disappearance of your pet, injuries to your pet or third parties, material damage, veterinary costs, or other consequential damage. Such risks are considered to be borne by you as the user.
  • Indemnity for third-party claims: You indemnify Charlie and Jones B.V. fully against all claims from third parties (including claims from other people or animal owners) for damage, loss, or costs (including reasonable legal costs) arising in any way from the use of products supplied by us, unless such damage is due to intent or gross negligence on our part.
  • Use with high-risk dogs: For so-called fighting dogs or other dogs with an increased risk of damage or accidents (for example, very strong or aggressive dogs), we strongly recommend using a specially designed, extra-strong collar or harness from another manufacturer. Our products are not specifically designed for such intensive or extreme use. If you nevertheless decide to use our collar with such high-risk animals, this is entirely at your own responsibility and risk. In that case, Charlie and Jones B.V. accepts no liability for the consequences.
  • Limitation of liability: If Charlie and Jones B.V. is held liable for any damage despite the above, our liability is at all times limited to a maximum of the invoice amount of the relevant order (or to that part of the order to which the liability relates). We are in no case liable for indirect or consequential damage (such as lost profits, missed savings, reputational damage, etc.). This limitation does not apply to the extent that damage is the result of intent or deliberate recklessness by our management.

5. Jurisdiction and Dispute Resolution

All agreements, offers, and these general terms and conditions are governed by Dutch law, excluding the Vienna Sales Convention (CISG). All disputes arising from or related to an agreement with Charlie and Jones B.V. or these general terms and conditions will, if no amicable solution is reached, be submitted to the exclusive jurisdiction of the court in Amsterdam.

6. Other Provisions

  • Force Majeure: Charlie and Jones B.V. is not obliged to fulfill any obligation towards you if it is prevented from doing so by circumstances reasonably beyond its control. Such force majeure includes, but is not limited to: natural disasters, extreme weather conditions, war, terrorism, fire, flooding, pandemics, government measures, strikes, disruptions in transport or energy, and other unforeseeable circumstances that significantly hinder compliance. In the event of force majeure, Charlie and Jones B.V. has the right to suspend its obligations for the duration of the force majeure situation, or to dissolve the agreement in whole or in part without being liable for any compensation.
  • Retention of Title: All delivered products remain the property of Charlie and Jones B.V. until you have fully met all payment obligations related to that delivery. This retention of title extends to all claims we have or may obtain against you (such as claims due to late payment). Ownership of the product transfers to you only after full payment. Until then, you may not resell, alienate, pledge, or otherwise encumber the product without our permission.
  • Intellectual Property: All intellectual property rights related to products, designs, and materials provided by us (including images, texts, product designs, and logos on our website or products) are held by Charlie and Jones B.V. or its licensors. It is not permitted to copy, reproduce, distribute, or otherwise use these without our express written consent, except as necessary for the use of the product itself.
  • Apparent Errors and Mistakes: Apparent mistakes, typographical errors, or obvious errors in our website, offers, order confirmations, or other communications do not bind us. Charlie and Jones B.V. reserves the right to refuse an order or dissolve the agreement in the event of a clear mistake (such as an obvious pricing error) or if delivery of the product proves impossible for unforeseen reasons. In such cases, we will contact you as soon as possible and refund any payments if the agreement is dissolved.
  • Modification of Terms: We may amend or supplement these general terms and conditions from time to time. The most current version of our terms will be published on our website. We will clearly communicate any significant changes. Amended terms apply only to new orders and agreements. For ongoing agreements, the version in effect at the time of their conclusion remains valid, unless you expressly agree to the application of the new version.
  • Language and Interpretation: These general terms and conditions were originally drawn up in Dutch. If a translation of these terms has been provided, it is for convenience only. In case of differences in interpretation between the Dutch text and a translation thereof, the Dutch text prevails.
  • Severability: If any provision of these general terms and conditions is declared invalid or unenforceable by a competent court, the validity of the remaining provisions shall not be affected. The invalid provision will be replaced by a provision that is valid and that most closely approximates the original intent of the invalid provision.
  • Questions and Complaints: For questions or complaints regarding a product or these terms, you can contact our customer service using the provided contact details (e.g., email or postal address of Charlie and Jones B.V.). We strive to handle and resolve complaints within a reasonable timeframe. Submitting a complaint does not affect your rights or legal claims.