terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Ongoing 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;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more means of distance communication;
Means of distance communication: a method that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place at the same time;
Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the Terms and Conditions are available for inspection at the entrepreneur’s premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, the text of these Terms and Conditions may, contrary to the previous paragraph, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the Terms and Conditions can be accessed electronically and that they will be sent free of charge upon request.

If specific product or service conditions apply in addition to these Terms and Conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the consumer may always rely on the provision most favorable to them.

If one or more provisions of these Terms and Conditions are wholly or partially invalid or voided at any time, the agreement and the remaining provisions will remain in force, and the invalid provision will be replaced by mutual agreement with a provision that most closely reflects the intent of the original.

Situations not covered by these Terms and Conditions shall be assessed in accordance with the spirit of these Terms and Conditions.
Any ambiguities regarding the interpretation or content of these Terms and Conditions shall be interpreted in accordance with their spirit.

Article 3 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

All offers are non-binding. The entrepreneur reserves the right to modify or withdraw the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment. Images used are a true representation of the products and/or services. Obvious errors or mistakes do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual product colors.

Each offer contains sufficient information to make clear to the consumer what rights and obligations are associated with accepting the offer, including in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs are borne by the customer. The postal or courier service will collect import VAT and/or clearance fees from the recipient;

  • any shipping costs;

  • the method of concluding the agreement and the steps required;

  • whether the right of withdrawal applies;

  • payment, delivery, and execution methods;

  • the period for accepting the offer or the period during which the price is guaranteed;

  • the cost of distance communication if calculated differently than standard rates;

  • whether the agreement is archived and how it can be accessed;

  • how the consumer can review and correct provided data before concluding the agreement;

  • other languages available for concluding the agreement besides Dutch;

  • applicable codes of conduct and how they can be accessed;

  • the minimum duration of the agreement in the case of an ongoing transaction.

Optional: available sizes, colors, material types.

Article 4 – The Agreement

Subject to paragraph 4, the agreement is concluded when the consumer accepts the offer and fulfills the stated conditions.

If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt electronically. Until this confirmation is sent, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will implement appropriate security measures to protect data transmission and ensure a secure web environment.

The entrepreneur may, within legal limits, verify the consumer’s ability to meet payment obligations. If valid reasons exist, the entrepreneur may refuse an order or impose special conditions.

The entrepreneur will provide the consumer with the following information in writing or in a durable format:

  • the business address for complaints;

  • conditions and procedures for exercising the right of withdrawal or notice of its exclusion;

  • warranty and after-sales service information;

  • the data referred to in Article 4 paragraph 3, unless already provided;

  • termination requirements if the agreement exceeds one year or is indefinite.

For ongoing transactions, this applies only to the first delivery.

All agreements are subject to sufficient product availability.

Article 5 – Right of Withdrawal

The consumer may withdraw from the agreement within 30 days without giving reasons. The cooling-off period begins the day after receipt of the product.

During this period, the consumer must handle the product and packaging with care. If exercising the right of withdrawal, the product must be returned with all accessories and, where reasonably possible, in original condition and packaging.

The consumer must notify the entrepreneur in writing or by email within 30 days of receipt. The product must then be returned within 30 days. Proof of timely return may be required.

If the consumer fails to notify or return the product within these periods, the purchase is final.

Article 6 – Costs in Case of Withdrawal

Return shipping costs are borne by the consumer.

Refunds will be issued as soon as possible, but no later than 30 days after withdrawal, provided the product has been received or proof of return is supplied.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products:

  • made to consumer specifications;

  • clearly personalized;

  • non-returnable by nature;

  • perishable or short-lived;

  • subject to financial market fluctuations;

  • newspapers and magazines;

  • unsealed audio/video recordings or software;

  • unsealed hygiene products.

For services:

  • accommodation, transport, catering, or leisure activities on a specific date;

  • services started with explicit consumer consent before the cooling-off period;

  • betting and lotteries.

Article 8 – Price

Prices will not be increased during the offer’s validity period, except for VAT changes.

Variable pricing may apply to products tied to financial market fluctuations.

Price increases within 3 months are allowed only due to legal changes. After 3 months, increases are allowed only if agreed upon and the consumer may terminate the agreement.

Delivery takes place outside the EU; import VAT and clearance fees will be collected by the carrier. No VAT is charged by the entrepreneur.

Prices are subject to typographical errors; no liability is accepted.

Article 9 – Identity of the Entrepreneur

Business name: MMG Commerce
Business address: Pijnackersesluis 3, vlaardingen, Nederland
Email: info@thepawgarden.com
Chamber of Commerce number: 86508512                                                                               VAT ID: NL004262002B26

Article 10 – Conformity and Warranty

Products and services comply with the agreement, specifications, and legal requirements.

Manufacturer or seller warranties do not affect statutory consumer rights.

Defects must be reported within 30 days of delivery.

Warranty equals the manufacturer’s warranty. The entrepreneur is not responsible for suitability for individual use.

Warranty is void if products are modified, mishandled, or damaged due to external conditions.

Article 11 – Delivery and Execution

Orders are executed with due care and delivered to the provided address.

Orders are fulfilled within 30 days unless otherwise agreed. Delays entitle the consumer to cancel without cost.

If delivery is impossible, a replacement may be offered. Return costs for replacements are borne by the entrepreneur.

Risk transfers upon delivery to the consumer.

Article 12 – Ongoing Transactions: Duration, Termination, and Renewal

Consumers may terminate indefinite agreements at any time with one month’s notice.

Fixed-term agreements may be terminated at the end of the term with one month’s notice.

Automatic renewals are limited as described and trial subscriptions end automatically.

Article 13 – Payment

Payments are due within 7 business days unless otherwise agreed.

Consumers must report payment errors promptly.

Reasonable collection costs may be charged in case of non-payment.

Article 14 – Complaints Procedure

Complaints must be submitted within 7 days after discovery.

Complaints are answered within 30 days.

Unresolved complaints may lead to a dispute.

Article 15 – Disputes

All agreements are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to EU measures effective from 2024 under amendments to the Dutch VAT Act and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register transaction data in the European CESOP system.