1. Who are we?

(1) Pets & Planet BV is located at Galileilaan 92, Bus 26, 2845 Niel in Belgium. The KBO number is 0764.510.844 and the VAT identification number is BE0764.510.844. We are hereinafter referred to as “Pets & Planet BV”, “We” or “Imby Pet Food”

(2) Pets & Planet BV sells pet food through one-off or recurring orders. We focus more specifically on CO2-free food, snacks and related products for dogs and cats.

(3) The products and subscriptions that we sell will be referred to as the “products” or “agreements” throughout this document.

2. Applicability

(1) These general terms and conditions apply to all agreements (including individual orders and recurring orders) that Pets & Planet BV concludes with customers. The customer is hereinafter also referred to as: “customer” or “you”.

(2) We reserve the right to change these terms and conditions. We will notify you at least seven (7) days in advance of any intended changes. If you object to the amended terms and conditions, you have the option to terminate your agreement in which case you can cancel your agreement via your account or via our email address [email protected], taking into account the deadline for changes, pauses and cancellations which can be consulted via the Frequently Asked Questions. However, if you do not (timely) terminate or cancel the agreement, and you continue to use our products from the announced effective date of the amended general terms and conditions, the amended general terms and conditions will apply to your agreement from that moment on.

3. The offer

(1) The products and/or services offered, including the prices stated, apply as a non-binding offer that can be accepted by you.

(2) Our offer contains as complete and accurate as possible a description of the products and/or services offered. However, we cannot prevent that sometimes a mistake is made, whereby we note that obvious mistakes in the offer are not binding on Imby Pet Food.

(3) Our offer is mainly aimed at end users in Belgium, the Netherlands and by extension the remaining EU countries. The ordered products, such as our dog food or dog snacks, are expressly not intended for resale. Therefore, only household size orders are accepted.

4. Conclusion of agreement

(1) To place an order, we ask you to create an account in order to manage your order and preferences and so that you can place orders faster and easier in the future. You can enter your product preferences in your account. If you do not change your product preferences in time with due observance of the deadline for changes, your initially selected products will always be delivered. You can also add various (additional) snacks or extra bags of nutrition to your account. It is also possible to change the delivery frequency or to pause your subscription, always taking into account the deadline for changes.

(2) After creating an account, you can start ordering online. With this online order, you actually submit an offer to Pets & Planet BV. Receipt of the submitted quote is immediately confirmed electronically. However, this confirmation of order does not automatically constitute approval of the offer and an agreement is not directly made.

(3) Pets & Planet BV reserves the right to refuse to accept the offer without stating reasons until the deadline for changes. A right to delivery of the ordered products arises after the deadline for modifications and after acceptance by Pets & Planet BV. In any case, Pets & Planet BV can refuse to accept an offer in the case of a situation as described in Article 3.3 and 13.2 of these General Conditions.

(4) An agreement can be made for an indefinite period or for a definite period.

(5) In order to create a Pets & Planet BV (Imby Pet Food) account and place an order, you must be eighteen (18) years of age or older. Pets & Planet BV does not sell or deliver products to persons under eighteen (18) years of age.

(6) Pets & Planet BV likes to surprise you occasionally with extra products, such as a sample or offers from third parties. However, you cannot derive any rights from receiving extra products, for example by promoting them via our channels and/or social media.

5. Your obligations

(1) All information you provide to Pets & Planet BV at any time, for example during the order process, must be current and true. Your password must not be given to third parties. You must keep your password safe and protected from unauthorised persons and inform us of any loss or transmission in writing. For misuse, for example any unlawful order with your password by third parties and resulting claims, you yourself bear full responsibility. Pets & Planet BV is not liable for any damage as a result of incorrect information and/or loss of your password and you indemnify Pets & Planet BV against any claims from third parties.

(2) You are obliged to carefully read and observe the product labels, product and user instructions and warnings with the delivered products. Pets & Planet BV is not liable for any damage (or health problems of your pet) due to not following product labels, product and user instructions and warnings and you will safeguard Pets & Planet BV against any claims by third parties.

6. Delivery

(1) The day before delivery you may receive an e-mail or SMS from our logistics supplier with a more precise delivery time within your chosen time window. This is indicative. Our logistics partners cannot always guarantee delivery times. Should we be late, we shall not be liable for the late delivery.

(2) We reserve the right to deliver to the customer only after payment of the total amount of the order. In this connection, you cannot appeal to earlier deliveries.

(3) We deliver everywhere in UK on a standard logistics fee of £4.99. Surcharges may apply for remote areas. We also deliver in Belgium, Netherlands, France and Germany. For delivery in these countries, we recommend ordering via our local webshop languages.

(4) We deliver to the address that you have entered as the delivery address in your customer account on our website. A change of address becomes effective for delivery if you have notified us before the deadline for changes.

(5) You are obliged to ensure that personal delivery of the products is possible at the delivery address you have specified and during the time window you have specified. Should delivery not be possible, you shall be in default of acceptance; any costs and damages shall then be borne by you.

(6) If personal delivery of the products is not possible, the contract can be fulfilled by offering the products to neighbours or placing them in front of the house door. You can indicate this as a delivery note in your customer account. Delivery in this way is entirely at your risk and Pets & Planet BV is not responsible for any damage or disappearance of the products. The delivery note is not binding and Pets & Planet BV can deviate from it, for example in the case of (extreme) weather conditions in which the quality of the products can no longer be guaranteed or in other cases of force majeure (§11(5)).

7. Prices & delivery fees

(1) Prices include sales tax. Shipping costs for UK, Belgium, the Netherlands and the rest of the EU countries will always be shown separately.

(2) A surcharge may apply for certain and/or additional products, such as extra snacks. The additional prices are always listed and will be charged when you store the products chosen by you.

(3) The claims of Pets & Planet BV are due immediately.

(4) For payment you can only use the payment options agreed and indicated with the order. You are obligated to pay within the agreed payment term.

(5) Pets & Planet BV is authorized to change prices at any time, on the understanding that we will inform you at least fourteen (14) days in advance. If you object to the modified price, you have the option to end or cancel the agreement, for example by using the contact option via email to [email protected], taking into account the deadline for changes. However, if you do not terminate the agreement, and you continue to use our products and/or services from the announced effective date of the changed price, the changed prices apply to the agreement from that moment.

8. payment and change in ownership

(1) Orders will be charged to the payment method you specify.

(2) It is your responsibility to ensure that the details of your payment method are valid and up to date. We accept various payment methods which are listed at the bottom of our Homepage.

(3) iDeal payments: Only the first delivery can be paid for using iDeal. If you choose to pay with iDeal in the ordering process, the amount of the first order will be debited directly from your account. In addition, you give permission to Mollie (payment provider, trading as Pets & Planet BV) to send continuous SEPA direct debit orders to your bank to debit an amount from your account.

(4) If you choose to pay by PayPal or credit card in the order process, the amount will be debited from your PayPal account or credit card continuously.

(5) It is your own responsibility to ensure that you have sufficient funds in your bank account at the time of payment.

(6) If you do not agree with a SEPA direct debit as referred to in §8(3) or a PayPal or credit card payment as referred to in §8(4), you can have it reversed under the conditions agreed between you and your bank. To do so, contact your bank within eight (8) weeks of the debit entry. Ask the bank for the conditions.

(7) If a payment order cannot be executed due to insufficient funds, incorrect or outdated payment details and/or other disputes, the orders will not be processed and delivered. In case of payment problems, you can contact us via [email protected]. Pets & Planet BV is entitled to suspend execution of the agreement, such as for example delivery of meal boxes, if and as long as you as customer have not met your payment obligations (in full).

(8) If the buyer is a consumer, the risk of ownership is transferred to the buyer (i) as soon as the consumer or a third party designated by the consumer, who is not the carrier, has physical possession of the goods, or (ii) if Pets & Planet BV sends the products to the consumer, the risk remains with Pets & Planet BV until the products are delivered to the consumer. The exception to this is when the Consumer, the carrier or a third party commissions collection of the products on behalf of the Buyer, in which case the risk is transferred to the Buyer upon delivery of the products to the carrier or third party.

9. Inspection of the products

(1) The Customer or Purchaser shall inspect the Goods upon delivery and shall inform the Seller of any alleged defects of the Products in accordance with this Clause:

a.  If the Buyer is a professional buyer, the Buyer must notify the Seller of any alleged defect by registered letter within three (3) working days after delivery of the Products for visible defects.

b.  If the Buyer is a consumer, the Buyer must notify the Seller of any alleged defect by registered letter within seven (7) days after delivery of the products for visible defects, or within seven (7) days after the date on which the Buyer discovers or reasonably should have discovered the defect in the products for invisible defects.  The Buyer may only be held liable for defective products for a period of 2 years after delivery of the products.

(2) Notifications regarding any alleged defects shall not affect the Buyer’s obligation to pay for the products.

(3) The purchaser must keep the products which he considers to be defective clearly separated from other products.  The use or processing of the products shall be regarded as the unconditional acceptance of the products and as a waiver of all claims with regard to the products.

(4) If the Buyer has informed Pets & Planet BV of allegedly defective products in accordance with this agreement and provided that it is established that the products are defective, the Seller may choose either to repair or replace the product or to refund the portion of the price already paid by the Buyer.  The following shall also apply:

a.  If the Buyer is a professional buyer, the repair or replacement of the products or the refund of the price is the only form of remedy for defective products to which the Buyer is entitled.  The purchaser may not claim any additional compensation for indirect damage.

b.  If the purchaser is a consumer, the purchaser shall always endeavour to repair or replace the products insofar as this is reasonably possible.  This provision does not affect the consumer’s right to claim damages in accordance with applicable law.

10. subcontracting

(1) Pets & Planet BV always has the right to have the agreement carried out, wholly or partially, by a subcontractor and may transfer the rights and obligations arising from the agreement, wholly or partially, to a third party.

(2) The Buyer may not transfer the rights and obligations arising from the agreement, in whole or in part, to a third party, unless with the prior written permission of Pets & Planet BV.

11. subscriptions

Pets & Planet BV plans the delivery of subscriptions carefully in advance. If you wish to cancel or pause your subscription, you must inform Pets & Planet before the shipping deadline. Cancellations or pauses that are reported after this deadline will be charged to the customer.

PAUZE

You can pause a subscription at any time. This means that you have to check the pause button in your account. At that moment your orders will stop being delivered or charged for. When you mark the pause again, orders will again arrive at the delivery address on a recurring basis.

CANCEL

If you have entered into a subscription for the periodic delivery of products, this is a contract for an indefinite period of time. You can cancel an agreement for an indefinite period at any time. You must inform us of the cancellation of your agreement via your account before the deadline for changes. The cancellation of the agreement will then become effective.

If you have any questions about your subscription plan, please contact us at [email protected].

12. Vouchers, discount codes, give-away activations

(1) Pets & Planet BV sometimes offers vouchers, gift certificates, free gifts and other variants of vouchers. For these, activation by e-mail is necessary, so that Pets & Planet BV customers can receive products. As soon as the voucher or action via the website is redeemed, it can no longer be used and/or is invalid.

(2) An offered free product is intended to give new customers the opportunity to try out Pets & Planet BV or to spoil existing customers. Discount codes and vouchers usually only apply to new membership in Pets & Planet BV, unless explicitly stated otherwise, such as a discount intended for former or recurrent customers. If you already have an existing membership, you cannot redeem the discount code and/or voucher. It is only possible to redeem a discount once per household. It is allowed to have only one account per pet household.

(3) Pets & Planet BV determines at its own discretion whether someone is eligible for a free voucher, discount code or free trial package. Pets & Planet BV can limit the conditions or duration to prevent abuse of the free trial packages and/or discounts. We do checks per household to prevent abuse of the free trial packages and/or discounts. Based on the data used for an existing or recent agreement, such as your name, telephone number, delivery address, e-mail address and/or means of payment, we can determine whether you are eligible for the free trial packages and/or discounts.

(4) Discount codes and vouchers can only be redeemed on the Pets & Planet BV website and can only be used once. Discount codes and vouchers cannot be combined with other offers and are not redeemable for cash. Also bear in mind that some discount codes are only valid on a certain type of product and often have an expiry date after which they are no longer valid for use.

(5) Any (attempted) fraud or other unauthorized actions will be registered and will result in denial of use of the free trial period and/or discount codes. Pets & Planet BV is entitled to withdraw and/or invalidate discount codes and vouchers if it deems this necessary for any reason.

13. LIABILITY Pets & Planet BV

(1) Pets & Planet BV is only liable for property damage and/or personal injury suffered by the customer if this damage is the direct and exclusive consequence of not meeting an obligation of Pets & Planet BV, or in case of intent or conscious recklessness of Pets & Planet BV or its employees, on the understanding that only the damage will be considered for compensation, for which Pets & Planet BV is insured, or should have been insured in reasonableness and fairness.

(2) Liability of Pets & Planet BV for indirect damage, including consequential damage, loss of profit or income, health problems of your pet, missed savings, etc., is excluded.

(3) Pets & Planet is never liable for any damage due to incorrect information supplied by you and/or loss of your password, and you indemnify Pets & Planet BV against any claims by third parties.

(4) Pets & Planet BV is never liable for any damage resulting from not following product and user instructions and warnings given by Pets & Planet BV, and you must indemnify Pets & Planet BV against any claims by third parties.

(5) Pets & Planet BV is never liable for damage due to force majeure, including, but not limited to: strikes, illness, fire, failures at Pets & Planet or its suppliers, transport problems, weather conditions, violence, riots or action by police and/or fire brigade. Force majeure also includes such unforeseen circumstances with third parties that Pets & Planet BV uses in carrying out the agreement.

(6) Pets & Planet BV cannot be held responsible for damage of any nature whatsoever which may result from incorrect use of the items delivered to the buyer.

Pets & Planet BV cannot be held responsible for any changes made by manufacturers and/or suppliers in the composition of items sold on the site of Imby Pet Food. In any case, the seller’s liability shall be limited to the amount of the order.

(7) The products presented comply with Belgian legislation. The photos of the products are not contractual, as well as the specific weight of the packages that suppliers can change based on the evolutions of the gammas. Pets & Planet BV reserves the right to add or remove Products to its catalogue at any time without prior notice. The photos and texts that illustrate and describe the product are not contractual. Consequently, the responsibility of Pets & Planet BV cannot be engaged in the case of errors in one of these photos or texts. Pets & Planet BV can only be held responsible for not executing the contract in the event of stock defects or non-availability of the product. Hyperlinks may refer to other websites than those of Pets & Planet BV. Pets & Planet BV accepts no liability in the event that the content of these websites is in conflict with the applicable legal and regulatory provisions.

(8) The liability regulations in the previous paragraphs also apply to (personal) liability of organs, employees and assistants of Pets & Planet BV. They may appeal to this.

14. Privacy

(1) We process your personal data when processing an order. To inform you of what happens to your personal details, we use a Privacy Policy which can be found on our website. Questions about how Pets & Planet BV handles your personal details can be directed to [email protected].

(2) If you place an order, Pets & Planet BV will use your e-mail address to offer you similar products and services by e-mail. If you no longer wish to receive newsletters, you can unsubscribe at any time or change your preferences. This can be done via the link at the bottom of the emails or via our customer service. You can also unsubscribe via the settings in your customer account. More information about e-mail marketing and the use of your personal data in our other marketing channels can be found in our Privacy Policy.

15. Fraude

(1) We reserve the right to investigate any account that we suspect of improper or fraudulent activity.

(2) We reserve the right to block or terminate your order, membership and/or account following improper or fraudulent activity.

16. Complaints

(1) Quality is very important to Pets & Planet BV and we do everything we can to prevent complaints. Within Pets & Planet BV we apply a complaints policy that can be consulted on our website in the FAQ list. We try to deal with complaints within 5 working days.

(2) If you are not satisfied with the way we have handled your complaint, you can report your complaint via the ODR platform of the European Commission. This is a platform set up by the EU for all consumers throughout Europe.

17. IntellectuAL PROPERTY

Our website, our brand, our logo and our know-how are protected by intellectual property rights. The rights to, for example, logos, software, texts and images lie with Pets & Planet BV, its group companies and/or with those from whom we have received a license. It is not permitted to publish, reproduce and/or edit parts of our website or brand rights without our explicit permission, other than for personal use.

18. OTHER PROVISIONS

(1) On all agreements between Pets & Planet BV and the customer, to which these general terms and conditions apply, only Belgian law is applicable.

(2) All disputes resulting from the agreement between Pets & Planet BV and you as customer are to be settled exclusively by the courts of Antwerp or Brussels. The application of the Vienna Sales Convention of 1980 is expressly excluded.

(3) If a provision in these general terms and conditions or in the agreement is or becomes legally invalid, the other provisions will remain valid. In this case, the invalid provision shall be replaced by a new provision which corresponds as far as possible to the old one in terms of content, scope and/or purpose.

19. LEGAL GUARANTEES

Pets & Planet BV remains liable for any lack of conformity or hidden defects in our products or service under the conditions stipulated in VI.2 and following of the Code of Economic Law.

20. RECALLS

(1) You have the right to withdraw from the contract within a period of fourteen (14) days from the delivery of your first order without giving any reason. You shall then only pay for the orders already delivered and those already scheduled. In order to avoid delivery and a payment obligation, you must withdraw from the contract before the deadline for changes.

(2) To revoke the contract, please use your account on our website or contact [email protected].

Pets & Planet BV – July 2022