Easy Slowfeeder Naturally better

Terms and conditions

Terms and Conditions Easy Slowfeeder (General terms and conditions -> scroll down for English version)

Easy Slowfeeder is a trading name of Peter van Strien Bouw, sole proprietorship (eenmanszaak), registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 74506080 and based at Rietdijk 4, (4316 AR) Zonnemaire (hereinafter: Easy Slowfeeder).

Article 1 – Definitions

  1. In these terms and conditions, the following terms have the meanings set out below, unless expressly stated otherwise:
  2. Offer: Any written offer to the Buyer for the supply of Products by the Seller, to which these terms and conditions are inseparably linked.
  3. Business: The natural or legal person acting in the exercise of a profession or business.
  4. Consumer: The natural person not acting in the exercise of a profession or business.
  5. Buyer: The Business or Consumer that enters into an (distance) Agreement with the Seller.
  6. Agreement: The (distance) sales agreement for the sale and delivery of Products purchased by the Buyer from Easy Slowfeeder.
  7. Products: The Products offered by Easy Slowfeeder are easy slowfeeders, being a hay net that can be used to offer forage to horses and other animals.
  8. Seller: The supplier of Products to the Buyer, hereinafter: Easy Slowfeeder.

Article 2 – Applicability

  1. These terms and conditions apply to every Offer made by Easy Slowfeeder, every Agreement between Easy Slowfeeder and a Buyer, and every Product offered by Easy Slowfeeder.
  2. Before a (distance) Agreement is concluded, the Buyer shall be given access to these terms and conditions. If this is not reasonably possible, Easy Slowfeeder shall inform the Buyer how the Buyer can inspect these terms and conditions, which in any case are published on the website of Easy Slowfeeder, so that the Buyer can easily save them on a durable data carrier.
  3. In exceptional situations these terms and conditions may be deviated from, if this has been expressly agreed in writing with Easy Slowfeeder.
  4. These terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchase conditions of the Buyer are expressly rejected.
  5. If one or more provisions of these terms and conditions are partially or wholly void or are annulled, the remaining provisions remain in force, and the void or annulled provision(s) shall be replaced by a provision with the same meaning as the original.
  6. Any ambiguity about the content, interpretation, or situations not regulated in these terms and conditions shall be assessed and explained in the spirit of these terms and conditions.
  7. Where these terms and conditions refer to she/her, this shall also be read as a reference to he/him/his, if and to the extent applicable.

Article 3 – The Offer

  1. All Offers made by Easy Slowfeeder are non-binding, unless expressly stated otherwise in writing. If the Offer is limited or valid only under specific conditions, this shall be expressly stated in the Offer. An Offer only exists once it has been recorded in writing.
  2. An Offer made by Easy Slowfeeder is non-binding. Easy Slowfeeder is only bound by the Offer if acceptance by the Buyer is confirmed in writing within 30 days, or if the Buyer has already paid the amount due. Easy Slowfeeder nevertheless retains the right to refuse to enter into an Agreement with a potential Buyer for a justified reason.
  3. The Offer made through the webshop contains an accurate description of the Product offered, with corresponding prices. The description is detailed enough to allow the Buyer to assess the Offer properly. Obvious mistakes or errors in the Offer do not bind Easy Slowfeeder. Any images and specific details in the Offer are indicative only and cannot form the basis for any compensation or for dissolution of the (distance) Agreement. Easy Slowfeeder cannot guarantee that the colours in an image correspond exactly to the actual colours of the Product.
  4. Delivery times and deadlines stated in an Offer by Easy Slowfeeder are indicative and, if exceeded, do not entitle the Buyer to dissolution or damages, unless expressly agreed otherwise.
  5. A combined price quotation does not oblige Easy Slowfeeder to deliver part of the goods included in the offer or quotation for part of the stated price.
  6. If an offer is a promotion, it does not automatically apply to re-orders. Offers are valid only while stocks last, on a first-come, first-served basis.

Article 4 – Formation of the Agreement

  1. The Agreement is formed at the moment the Buyer accepts an Offer from Easy Slowfeeder by placing an order in the webshop and paying for the Product concerned.
  2. An Offer may be made by Easy Slowfeeder via the website.
  3. If the Buyer has accepted the Offer by entering into an Agreement with Easy Slowfeeder, Easy Slowfeeder shall confirm the Agreement with the Buyer in writing, at the very least by e-mail.
  4. If the acceptance deviates from the Offer (on minor points), Easy Slowfeeder shall not be bound by it.
  5. Easy Slowfeeder is not bound by an Offer if the Buyer could reasonably have expected, or should have understood, that the Offer contains an obvious mistake or typing error. The Buyer cannot derive any rights from such a mistake or typing error.
  6. The right of withdrawal is excluded for a Buyer who is a Business. A Buyer who is a Consumer may exercise its right of withdrawal within the statutory period. Where withdrawal applies, the Buyer shall handle the Product and its packaging with care. The Buyer shall only unpack or use the Product to the extent necessary to establish the nature, characteristics and functioning of the Product. The direct costs of returning the Product are for the account of the Buyer.
  7. If the Product has been custom-made to the Buyer’s wishes (made to measure), the Product cannot be taken back and is excluded from the right of withdrawal. This is expressly stated in the Offer.

Article 5 – Performance of the Agreement

  1. Easy Slowfeeder shall perform the Agreement to the best of its knowledge and ability.
  2. If and to the extent that proper performance of the Agreement requires it, Easy Slowfeeder is entitled to have certain work carried out by third parties at its own discretion.
  3. The Buyer shall ensure that all data which Easy Slowfeeder states are necessary, or which the Buyer should reasonably understand to be necessary for the performance of the Agreement, are provided to Easy Slowfeeder in a timely manner. If the information required for performance of the Agreement is not provided to Easy Slowfeeder in time, Easy Slowfeeder is entitled to suspend performance of the Agreement.
  4. In performing the Agreement, Easy Slowfeeder is not obliged to follow the instructions of the Buyer if this would change the content or scope of the Agreement. If the instructions result in additional work for Easy Slowfeeder, the Buyer shall pay the additional costs accordingly.
  5. Easy Slowfeeder shall proceed with performance of the Agreement once the full amount has been received from the Buyer.
  6. Easy Slowfeeder is not liable for any damages of whatever nature resulting from the fact that Easy Slowfeeder has relied on incorrect and/or incomplete information provided by the Buyer, unless such inaccuracy or incompleteness was known to Easy Slowfeeder.
  7. The Buyer indemnifies Easy Slowfeeder against any claims by third parties who suffer damage in connection with the performance of the Agreement and which are attributable to the Buyer.

Article 6 – Delivery

  1. If the commencement, progress or delivery of the Agreement is delayed, for example because the Buyer has not provided all requested information, or not in time, does not cooperate sufficiently, the payment or deposit has not been received by Easy Slowfeeder in time, or any other circumstances beyond the control of Easy Slowfeeder cause a delay, Easy Slowfeeder shall be entitled to a reasonable extension of the delivery period. All agreed delivery periods are never fixed deadlines. The Buyer shall put Easy Slowfeeder in default in writing and allow Easy Slowfeeder a reasonable period in which to still deliver. The Buyer is not entitled to any damages as a result of the delay.
  2. The Buyer shall be obliged to take delivery of the goods at the time they are made available to it under the Agreement, even if they are offered to it earlier or later than agreed.
  3. If the Buyer refuses to take delivery or neglects to provide information or instructions necessary for delivery, Easy Slowfeeder is entitled to store the goods at the Buyer’s expense and risk.
  4. If the Products are delivered by Easy Slowfeeder or an external carrier, Easy Slowfeeder shall be entitled, unless agreed otherwise in writing, to charge any delivery costs. These will be invoiced separately unless expressly agreed otherwise.
  5. If Easy Slowfeeder requires information from the Buyer in connection with the performance of the Agreement, the delivery period only starts once the Buyer has provided Easy Slowfeeder with all information necessary for performance.
  6. If Easy Slowfeeder has stated a delivery period, it is indicative. Longer delivery periods apply to deliveries outside the Netherlands.
  7. Easy Slowfeeder is entitled to deliver the goods in parts, unless agreed otherwise or the partial delivery has no independent value. Easy Slowfeeder is entitled to invoice the parts delivered separately.

Article 7 – Packaging and transport

  1. Easy Slowfeeder undertakes towards the Buyer to package the goods to be delivered properly and to secure them in such a way that they reach their destination in good condition under normal use.
  2. Unless agreed otherwise in writing, all deliveries include value added tax (VAT), packaging and packaging materials.
  3. Acceptance of goods without reservations noted on the consignment note or receipt is deemed proof that the packaging was in good condition at the time of delivery.

Article 8 – Inspection, complaints

  1. The Buyer shall inspect (or have inspected) the delivered goods at the time of delivery, and in any case within 14 days of receiving them, and shall only unpack or use them to the extent necessary to assess whether it will keep the Product. In doing so, the Buyer shall check whether the quality and quantity of the goods delivered correspond to the Agreement, and whether the Products meet the requirements that apply to them in normal (trade) practice.
  2. The Buyer is obliged to inform itself on how the Product should be used and, for personal use, to test the Product in accordance with the instructions for use. Easy Slowfeeder accepts no liability for any misuse of the Product by the Buyer.
  3. Any visible defects or shortfalls must be reported in writing to Easy Slowfeeder at [email protected] after delivery. The Buyer has 14 days after delivery to do so. Non-visible defects or shortfalls must be reported within 14 days of discovery, and no later than 6 months after delivery. If the Product is damaged through careless handling by the Buyer, the Buyer is itself liable for any reduction in the value of the Product.
  4. If a timely complaint is made under the preceding paragraph, the Buyer remains obliged to pay for the goods purchased. If the Buyer wishes to return defective goods, this may only be done with the prior written consent of Easy Slowfeeder and in the manner indicated by Easy Slowfeeder.
  5. If a Buyer who is a Consumer exercises its right of withdrawal, it shall return the Product and all accessories, as far as reasonably possible, in their original condition and packaging to Easy Slowfeeder, in accordance with Easy Slowfeeder’s return instructions. The direct costs of return shipments are for the account and risk of the Buyer.
  6. Easy Slowfeeder is entitled to check the authenticity and condition of returned Products before making any refund.
  7. Refunds to the Buyer will be processed as soon as possible, but may take up to 14 days after receipt of the Buyer’s declaration of dissolution. Refunds will be made to the account number previously provided.
  8. If the delivery is incomplete and/or one or more Products are missing, and this is attributable to Easy Slowfeeder, Easy Slowfeeder shall, upon the Buyer’s request, send the missing Product(s) or cancel the remaining order. The Buyer’s acknowledgement of receipt of the Products is decisive in this respect. Any loss suffered by the Buyer as a result of the (deviating) scope of delivery cannot be recovered from Easy Slowfeeder.

Article 9 – Prices

  1. During the validity period of an Offer, the prices of the Products offered will not be increased, except in the event of changes to VAT rates.
  2. The prices stated in an Offer include VAT, unless expressly stated otherwise.
  3. The prices stated in an Offer are based on the cost factors applicable at the time the Agreement is concluded, such as import and export duties, freight and unloading costs, insurance and any levies and taxes.
  4. In the case of Products or raw materials whose prices fluctuate on the financial markets and over which Easy Slowfeeder has no influence, Easy Slowfeeder may offer such Products at variable prices. The Offer will state that the prices are guide prices and may fluctuate.

Article 10 – Payment and collection policy

  1. Payment must be made in advance, in the currency in which the invoice is issued, via the online payment method offered.
  2. The Buyer cannot derive any rights or expectations from a quotation issued in advance, unless the parties have expressly agreed otherwise.
  3. The Buyer shall pay in full, in one lump sum, to the account number and details of Easy Slowfeeder made known to it. The parties may only agree a different payment term with the explicit written consent of Easy Slowfeeder.
  4. If a periodic payment obligation has been agreed with the Buyer, Easy Slowfeeder is entitled to adjust the applicable prices and rates in writing, with a notice period of 3 months.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payments by the Buyer, the claims of Easy Slowfeeder against the Buyer become immediately due and payable.
  6. Easy Slowfeeder is entitled to apply payments made by the Buyer first to costs, then to interest due, and finally to the principal sum and current interest. Easy Slowfeeder may, without being in default, refuse a payment offer if the Buyer specifies a different order of application. Easy Slowfeeder may refuse full repayment of the principal sum if it does not at the same time cover the interest due and accruing, as well as the costs.
  7. If the Buyer fails to meet its payment obligation for a deferred payment and has not paid within the 14-day payment period, a Buyer who is a Business is in default. A Buyer who is a Consumer will first receive a written reminder giving 14 days from the date of the reminder to still meet its payment obligation, with a statement of the extrajudicial costs. If the Consumer does not meet its obligations within that period, it will only be in default after that period has passed.
  8. From the date on which the Buyer is in default, Easy Slowfeeder shall, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment, and reimbursement of extrajudicial collection costs in accordance with Article 6:96 of the Dutch Civil Code (Burgerlijk Wetboek, BW), calculated according to the scale in the Decree on compensation for extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten) of 1 July 2012.
  9. If Easy Slowfeeder has incurred higher or additional costs that were reasonably necessary, those costs are eligible for reimbursement. Judicial and enforcement costs incurred are also for the account of the Buyer.

Article 11 – Retention of title

  1. All goods delivered by Easy Slowfeeder remain the property of Easy Slowfeeder until the Buyer has fulfilled all of its obligations arising from all agreements concluded with Easy Slowfeeder.
  2. The Buyer is not entitled to pledge or otherwise encumber goods subject to retention of title while full ownership has not yet passed.
  3. If third parties seize goods delivered under retention of title, or wish to establish or assert rights over them, the Buyer shall inform Easy Slowfeeder as soon as can reasonably be expected.
  4. Should Easy Slowfeeder wish to exercise the property rights referred to in this article, the Buyer hereby grants Easy Slowfeeder, or third parties designated by it, unconditional and irrevocable consent and authority to enter all places where Easy Slowfeeder’s property is located and to take back those goods.
  5. Easy Slowfeeder is entitled to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) met its payment obligations, despite an obligation of Easy Slowfeeder to transfer or hand over the Product(s). Once the Buyer has met its obligations, Easy Slowfeeder will make every effort to deliver the purchased Products to the Buyer as soon as possible, and in any case within 20 working days.
  6. Costs and other (consequential) damage resulting from the retention of the purchased Products are for the account and risk of the Buyer, and shall be reimbursed to Easy Slowfeeder on first demand.

Article 12 – Warranty

Easy Slowfeeder guarantees that the Products comply with the Agreement, the specifications stated in the Offer, their usability, the durability of the materials and/or soundness, and the statutory rules and regulations applicable at the time the Agreement is concluded. The warranty period is 2 years, except for parts of the Product with a shorter lifespan, such as, but not limited to, the mesh net. This also applies if the goods to be delivered are intended for use abroad and the Buyer has expressly notified Easy Slowfeeder in writing of such use at the time the Agreement is concluded.

Article 13 – Instructions for use of Products

  1. The Buyer of Products shall follow the rules and instructions of Easy Slowfeeder.
  2. The Buyer and third parties shall refrain from modifying and/or repairing the Products themselves.

Article 14 – Suspension and dissolution

  1. Easy Slowfeeder is entitled to suspend performance of its obligations or to dissolve the Agreement if the Buyer does not, or does not fully, meet its (payment) obligations under the Agreement.
  2. In addition, Easy Slowfeeder is entitled to dissolve the existing Agreement between itself and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer does not, or not in time or not properly, meet its obligations arising from any agreement concluded with Easy Slowfeeder.
  3. Furthermore, Easy Slowfeeder is entitled to dissolve (or have dissolved) the Agreement without prior notice of default if circumstances arise of such a nature that performance of the Agreement becomes impossible or can no longer reasonably be required under standards of reasonableness and fairness, or if other circumstances arise of such a nature that unchanged continuation of the Agreement cannot reasonably be expected.
  4. If the Agreement is dissolved, the claims of Easy Slowfeeder against the Buyer become immediately due and payable. If Easy Slowfeeder suspends performance of its obligations, it retains its rights under the law and the Agreement.
  5. Easy Slowfeeder always retains the right to claim damages.

Article 15 – Limitation of liability

  1. If the performance of the Agreement by Easy Slowfeeder gives rise to liability of Easy Slowfeeder towards the Buyer or third parties, that liability is limited to the costs charged by Easy Slowfeeder in connection with the Agreement, unless the damage was caused by intent or gross negligence. The liability of Easy Slowfeeder is in any case limited to the maximum amount that the insurer pays out per event per year.
  2. Easy Slowfeeder is not liable for consequential damage, indirect damage, injury to animals, loss of profit and/or losses suffered, missed savings, and damage resulting from the use of the Products supplied; this is excluded. For Consumers, a limitation applies in accordance with what is permitted under Article 7:24(2) of the Dutch Civil Code (BW).
  3. Easy Slowfeeder is not liable for, and is not obliged to repair, damage caused by use of the Product. Easy Slowfeeder provides strict maintenance and usage instructions which the Buyer must follow. All damage to Products resulting from use is expressly excluded from liability (including signs of use, use damage, fall damage, light and water damage, theft, loss, etc.).
  4. Easy Slowfeeder is not liable for any damage that results or may result from any act or omission made on the basis of (incomplete and/or incorrect) information on the website(s) or on linked websites.
  5. Easy Slowfeeder is not responsible for errors and/or irregularities in the functionality of the website, and is not liable for malfunctions or for the website being unavailable for any reason.
  6. Easy Slowfeeder does not guarantee the correct and complete transmission of the content of e-mails sent by or on behalf of Easy Slowfeeder, nor their timely receipt.
  7. All claims of the Buyer for failure on the part of Easy Slowfeeder lapse if they have not been reported to Easy Slowfeeder in writing, with reasons, within one year after the Buyer became aware, or could reasonably have become aware, of the facts on which the claims are based. All claims of the Buyer in any case lapse one year after the Agreement ends.

Article 16 – Force majeure

  1. Easy Slowfeeder is not liable if, due to a situation of force majeure, it cannot fulfil its obligations under the Agreement, nor can it be required to fulfil any obligation if it is prevented from doing so by a circumstance that is not attributable to its fault and that, by law, legal act or generally accepted practice, is not for its account.
  2. Force majeure includes, but is not limited to, what is understood as such in the law and case law, including: (i) force majeure at suppliers of Easy Slowfeeder; (ii) failure by suppliers to properly fulfil obligations prescribed or recommended to Easy Slowfeeder by the Buyer; (iii) defects in goods, equipment, software or materials of third parties; (iv) government measures; (v) power failure; (vi) failure of internet, data network and telecommunication facilities (for example due to cybercrime and hacking); (vii) natural disasters; (viii) war and terrorist attacks; (ix) general transport problems; (x) strikes within the business of Easy Slowfeeder; (xi) fire, theft, vandalism, etc.; and (xii) other situations which, in the opinion of Easy Slowfeeder, are outside its sphere of influence and which temporarily or permanently prevent compliance with its obligations.
  3. Easy Slowfeeder is entitled to invoke force majeure if the circumstance preventing (further) performance arises after Easy Slowfeeder should already have performed its obligation.
  4. The parties may suspend their obligations under the Agreement for as long as the force majeure continues. If this period lasts longer than two months, each party is entitled to dissolve the Agreement, without any obligation to pay compensation to the other party.
  5. Insofar as Easy Slowfeeder has already partly performed, or will be able to perform, its obligations under the Agreement at the time the force majeure occurs, and independent value attaches to the part performed or to be performed, Easy Slowfeeder is entitled to invoice the part already performed or to be performed separately. The Buyer is obliged to pay that invoice as if it were a separate Agreement.

Article 17 – Transfer of risk

The risk of loss or damage to the Products that are the subject of the Agreement passes to the Buyer, if the Buyer is a Business, at the moment the goods leave the warehouse of Easy Slowfeeder. For Consumers, the aforementioned risk passes to the Buyer once the Products have been placed in the Buyer’s control. This is the case if the Products have been delivered to the Buyer’s delivery address or if the Buyer collects the Products on site.

Article 18 – Intellectual property rights

  1. All intellectual property rights and copyrights of Easy Slowfeeder belong exclusively to Easy Slowfeeder and are not transferred to the Buyer.
  2. The Buyer is prohibited from disclosing and/or reproducing, altering or making available to third parties any documents on which the intellectual property rights and copyrights of Easy Slowfeeder rest, without the express prior written consent of Easy Slowfeeder. If the Buyer wishes to make changes to goods supplied by Easy Slowfeeder, Easy Slowfeeder must expressly approve the proposed changes.
  3. The Buyer is prohibited from using the Products to which the intellectual property rights of Easy Slowfeeder relate otherwise than as agreed in the Agreement.

Article 19 – Privacy, data processing and security

  1. Easy Slowfeeder handles the (personal) data of the Buyer and of visitors to the website(s) with care. If requested, Easy Slowfeeder will inform the data subject accordingly.
  2. If Easy Slowfeeder is required under the Agreement to provide for the security of information, that security shall meet the agreed specifications and a level of security that, given the state of the art, the sensitivity of the data and the associated costs, is not unreasonable.

Article 20 – Complaints

  1. If the Buyer is not satisfied with the Products of Easy Slowfeeder and/or has complaints about the (performance of the) Agreement, the Buyer is obliged to report those complaints as soon as possible, and at the latest within 14 calendar days of the relevant event that gave rise to the complaint. Complaints can be reported to [email protected] with the subject “Complaint”.
  2. The Buyer must adequately substantiate and/or explain the complaint for Easy Slowfeeder to be able to deal with it.
  3. Easy Slowfeeder will respond to the substance of the complaint as soon as possible, and at the latest within 14 calendar days of receiving it.
  4. The parties will try to reach a solution together.

Article 21 – Applicable law

  1. Dutch law applies to every Agreement between Easy Slowfeeder and the Buyer. The application of the (CISG) United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) is expressly excluded.
  2. In the event of any dispute over the interpretation of the content and purport of these terms and conditions, the Dutch text shall always prevail. Easy Slowfeeder is entitled to amend these terms and conditions unilaterally.
  3. All disputes arising out of or in connection with the Agreement between Easy Slowfeeder and the Buyer shall be settled by the competent court, the District Court (Rechtbank) of Zeeland-West-Brabant, unless mandatory law designates another competent court.

Zonnemaire, 29 November 2023

Terms and Conditions Easy Slowfeeder

Easy Slowfeeder is a trading name of Peter van Strien Bouw, sole proprietorship (eenmanszaak), registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 74506080 and based at Rietdijk 4, (4316 AR) Zonnemaire (hereinafter: Easy Slowfeeder).

Article 1 – Definitions

  1. In these terms and conditions, the following terms have the meanings set out below, unless expressly stated otherwise:
  2. Offer: Any written offer to the Buyer for the supply of Products by the Seller, to which these terms and conditions are inseparably linked.
  3. Business: The natural or legal person acting in the exercise of a profession or business.
  4. Consumer: The natural person not acting in the exercise of a profession or business.
  5. Buyer: The Business or Consumer that enters into an (distance) Agreement with the Seller.
  6. Agreement: The (distance) sales agreement for the sale and delivery of Products purchased by the Buyer from Easy Slowfeeder.
  7. Products: The Products offered by Easy Slowfeeder are easy slowfeeders, being a hay net that can be used to offer forage to horses and other animals.
  8. Seller: The supplier of Products to the Buyer, hereinafter: Easy Slowfeeder.

Article 2 – Applicability

  1. These terms and conditions apply to every Offer made by Easy Slowfeeder, every Agreement between Easy Slowfeeder and a Buyer, and every Product offered by Easy Slowfeeder.
  2. Before a (distance) Agreement is concluded, the Buyer shall be given access to these terms and conditions. If this is not reasonably possible, Easy Slowfeeder shall inform the Buyer how the Buyer can inspect these terms and conditions, which in any case are published on the website of Easy Slowfeeder, so that the Buyer can easily save them on a durable data carrier.
  3. In exceptional situations these terms and conditions may be deviated from, if this has been expressly agreed in writing with Easy Slowfeeder.
  4. These terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchase conditions of the Buyer are expressly rejected.
  5. If one or more provisions of these terms and conditions are partially or wholly void or are annulled, the remaining provisions remain in force, and the void or annulled provision(s) shall be replaced by a provision with the same meaning as the original.
  6. Any ambiguity about the content, interpretation, or situations not regulated in these terms and conditions shall be assessed and explained in the spirit of these terms and conditions.
  7. Where these terms and conditions refer to she/her, this shall also be read as a reference to he/him/his, if and to the extent applicable.

Article 3 – The Offer

  1. All Offers made by Easy Slowfeeder are non-binding, unless expressly stated otherwise in writing. If the Offer is limited or valid only under specific conditions, this shall be expressly stated in the Offer. An Offer only exists once it has been recorded in writing.
  2. An Offer made by Easy Slowfeeder is non-binding. Easy Slowfeeder is only bound by the Offer if acceptance by the Buyer is confirmed in writing within 30 days, or if the Buyer has already paid the amount due. Easy Slowfeeder nevertheless retains the right to refuse to enter into an Agreement with a potential Buyer for a justified reason.
  3. The Offer made through the webshop contains an accurate description of the Product offered, with corresponding prices. The description is detailed enough to allow the Buyer to assess the Offer properly. Obvious mistakes or errors in the Offer do not bind Easy Slowfeeder. Any images and specific details in the Offer are indicative only and cannot form the basis for any compensation or for dissolution of the (distance) Agreement. Easy Slowfeeder cannot guarantee that the colours in an image correspond exactly to the actual colours of the Product.
  4. Delivery times and deadlines stated in an Offer by Easy Slowfeeder are indicative and, if exceeded, do not entitle the Buyer to dissolution or damages, unless expressly agreed otherwise.
  5. A combined price quotation does not oblige Easy Slowfeeder to deliver part of the goods included in the offer or quotation for part of the stated price.
  6. If an offer is a promotion, it does not automatically apply to re-orders. Offers are valid only while stocks last, on a first-come, first-served basis.

Article 4 – Formation of the Agreement

  1. The Agreement is formed at the moment the Buyer accepts an Offer from Easy Slowfeeder by placing an order in the webshop and paying for the Product concerned.
  2. An Offer may be made by Easy Slowfeeder via the website.
  3. If the Buyer has accepted the Offer by entering into an Agreement with Easy Slowfeeder, Easy Slowfeeder shall confirm the Agreement with the Buyer in writing, at the very least by e-mail.
  4. If the acceptance deviates from the Offer (on minor points), Easy Slowfeeder shall not be bound by it.
  5. Easy Slowfeeder is not bound by an Offer if the Buyer could reasonably have expected, or should have understood, that the Offer contains an obvious mistake or typing error. The Buyer cannot derive any rights from such a mistake or typing error.
  6. The right of withdrawal is excluded for a Buyer who is a Business. A Buyer who is a Consumer may exercise its right of withdrawal within the statutory period. Where withdrawal applies, the Buyer shall handle the Product and its packaging with care. The Buyer shall only unpack or use the Product to the extent necessary to establish the nature, characteristics and functioning of the Product. The direct costs of returning the Product are for the account of the Buyer.
  7. If the Product has been custom-made to the Buyer’s wishes (made to measure), the Product cannot be taken back and is excluded from the right of withdrawal. This is expressly stated in the Offer.

Article 5 – Performance of the Agreement

  1. Easy Slowfeeder shall perform the Agreement to the best of its knowledge and ability.
  2. If and to the extent that proper performance of the Agreement requires it, Easy Slowfeeder is entitled to have certain work carried out by third parties at its own discretion.
  3. The Buyer shall ensure that all data which Easy Slowfeeder states are necessary, or which the Buyer should reasonably understand to be necessary for the performance of the Agreement, are provided to Easy Slowfeeder in a timely manner. If the information required for performance of the Agreement is not provided to Easy Slowfeeder in time, Easy Slowfeeder is entitled to suspend performance of the Agreement.
  4. In performing the Agreement, Easy Slowfeeder is not obliged to follow the instructions of the Buyer if this would change the content or scope of the Agreement. If the instructions result in additional work for Easy Slowfeeder, the Buyer shall pay the additional costs accordingly.
  5. Easy Slowfeeder shall proceed with performance of the Agreement once the full amount has been received from the Buyer.
  6. Easy Slowfeeder is not liable for any damages of whatever nature resulting from the fact that Easy Slowfeeder has relied on incorrect and/or incomplete information provided by the Buyer, unless such inaccuracy or incompleteness was known to Easy Slowfeeder.
  7. The Buyer indemnifies Easy Slowfeeder against any claims by third parties who suffer damage in connection with the performance of the Agreement and which are attributable to the Buyer.

Article 6 – Delivery

  1. If the commencement, progress or delivery of the Agreement is delayed, for example because the Buyer has not provided all requested information, or not in time, does not cooperate sufficiently, the payment or deposit has not been received by Easy Slowfeeder in time, or any other circumstances beyond the control of Easy Slowfeeder cause a delay, Easy Slowfeeder shall be entitled to a reasonable extension of the delivery period. All agreed delivery periods are never fixed deadlines. The Buyer shall put Easy Slowfeeder in default in writing and allow Easy Slowfeeder a reasonable period in which to still deliver. The Buyer is not entitled to any damages as a result of the delay.
  2. The Buyer shall be obliged to take delivery of the goods at the time they are made available to it under the Agreement, even if they are offered to it earlier or later than agreed.
  3. If the Buyer refuses to take delivery or neglects to provide information or instructions necessary for delivery, Easy Slowfeeder is entitled to store the goods at the Buyer’s expense and risk.
  4. If the Products are delivered by Easy Slowfeeder or an external carrier, Easy Slowfeeder shall be entitled, unless agreed otherwise in writing, to charge any delivery costs. These will be invoiced separately unless expressly agreed otherwise.
  5. If Easy Slowfeeder requires information from the Buyer in connection with the performance of the Agreement, the delivery period only starts once the Buyer has provided Easy Slowfeeder with all information necessary for performance.
  6. If Easy Slowfeeder has stated a delivery period, it is indicative. Longer delivery periods apply to deliveries outside the Netherlands.
  7. Easy Slowfeeder is entitled to deliver the goods in parts, unless agreed otherwise or the partial delivery has no independent value. Easy Slowfeeder is entitled to invoice the parts delivered separately.

Article 7 – Packaging and transport

  1. Easy Slowfeeder undertakes towards the Buyer to package the goods to be delivered properly and to secure them in such a way that they reach their destination in good condition under normal use.
  2. Unless agreed otherwise in writing, all deliveries include value added tax (VAT), packaging and packaging materials.
  3. Acceptance of goods without reservations noted on the consignment note or receipt is deemed proof that the packaging was in good condition at the time of delivery.

Article 8 – Inspection, complaints

  1. The Buyer shall inspect (or have inspected) the delivered goods at the time of delivery, and in any case within 14 days of receiving them, and shall only unpack or use them to the extent necessary to assess whether it will keep the Product. In doing so, the Buyer shall check whether the quality and quantity of the goods delivered correspond to the Agreement, and whether the Products meet the requirements that apply to them in normal (trade) practice.
  2. The Buyer is obliged to inform itself on how the Product should be used and, for personal use, to test the Product in accordance with the instructions for use. Easy Slowfeeder accepts no liability for any misuse of the Product by the Buyer.
  3. Any visible defects or shortfalls must be reported in writing to Easy Slowfeeder at [email protected] after delivery. The Buyer has 14 days after delivery to do so. Non-visible defects or shortfalls must be reported within 14 days of discovery, and no later than 6 months after delivery. If the Product is damaged through careless handling by the Buyer, the Buyer is itself liable for any reduction in the value of the Product.
  4. If a timely complaint is made under the preceding paragraph, the Buyer remains obliged to pay for the goods purchased. If the Buyer wishes to return defective goods, this may only be done with the prior written consent of Easy Slowfeeder and in the manner indicated by Easy Slowfeeder.
  5. If a Buyer who is a Consumer exercises its right of withdrawal, it shall return the Product and all accessories, as far as reasonably possible, in their original condition and packaging to Easy Slowfeeder, in accordance with Easy Slowfeeder’s return instructions. The direct costs of return shipments are for the account and risk of the Buyer.
  6. Easy Slowfeeder is entitled to check the authenticity and condition of returned Products before making any refund.
  7. Refunds to the Buyer will be processed as soon as possible, but may take up to 14 days after receipt of the Buyer’s declaration of dissolution. Refunds will be made to the account number previously provided.
  8. If the delivery is incomplete and/or one or more Products are missing, and this is attributable to Easy Slowfeeder, Easy Slowfeeder shall, upon the Buyer’s request, send the missing Product(s) or cancel the remaining order. The Buyer’s acknowledgement of receipt of the Products is decisive in this respect. Any loss suffered by the Buyer as a result of the (deviating) scope of delivery cannot be recovered from Easy Slowfeeder.

Article 9 – Prices

  1. During the validity period of an Offer, the prices of the Products offered will not be increased, except in the event of changes to VAT rates.
  2. The prices stated in an Offer include VAT, unless expressly stated otherwise.
  3. The prices stated in an Offer are based on the cost factors applicable at the time the Agreement is concluded, such as import and export duties, freight and unloading costs, insurance and any levies and taxes.
  4. In the case of Products or raw materials whose prices fluctuate on the financial markets and over which Easy Slowfeeder has no influence, Easy Slowfeeder may offer such Products at variable prices. The Offer will state that the prices are guide prices and may fluctuate.

Article 10 – Payment and collection policy

  1. Payment must be made in advance, in the currency in which the invoice is issued, via the online payment method offered.
  2. The Buyer cannot derive any rights or expectations from a quotation issued in advance, unless the parties have expressly agreed otherwise.
  3. The Buyer shall pay in full, in one lump sum, to the account number and details of Easy Slowfeeder made known to it. The parties may only agree a different payment term with the explicit written consent of Easy Slowfeeder.
  4. If a periodic payment obligation has been agreed with the Buyer, Easy Slowfeeder is entitled to adjust the applicable prices and rates in writing, with a notice period of 3 months.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payments by the Buyer, the claims of Easy Slowfeeder against the Buyer become immediately due and payable.
  6. Easy Slowfeeder is entitled to apply payments made by the Buyer first to costs, then to interest due, and finally to the principal sum and current interest. Easy Slowfeeder may, without being in default, refuse a payment offer if the Buyer specifies a different order of application. Easy Slowfeeder may refuse full repayment of the principal sum if it does not at the same time cover the interest due and accruing, as well as the costs.
  7. If the Buyer fails to meet its payment obligation for a deferred payment and has not paid within the 14-day payment period, a Buyer who is a Business is in default. A Buyer who is a Consumer will first receive a written reminder giving 14 days from the date of the reminder to still meet its payment obligation, with a statement of the extrajudicial costs. If the Consumer does not meet its obligations within that period, it will only be in default after that period has passed.
  8. From the date on which the Buyer is in default, Easy Slowfeeder shall, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment, and reimbursement of extrajudicial collection costs in accordance with Article 6:96 of the Dutch Civil Code (Burgerlijk Wetboek, BW), calculated according to the scale in the Decree on compensation for extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten) of 1 July 2012.
  9. If Easy Slowfeeder has incurred higher or additional costs that were reasonably necessary, those costs are eligible for reimbursement. Judicial and enforcement costs incurred are also for the account of the Buyer.

Article 11 – Retention of title

  1. All goods delivered by Easy Slowfeeder remain the property of Easy Slowfeeder until the Buyer has fulfilled all of its obligations arising from all agreements concluded with Easy Slowfeeder.
  2. The Buyer is not entitled to pledge or otherwise encumber goods subject to retention of title while full ownership has not yet passed.
  3. If third parties seize goods delivered under retention of title, or wish to establish or assert rights over them, the Buyer shall inform Easy Slowfeeder as soon as can reasonably be expected.
  4. Should Easy Slowfeeder wish to exercise the property rights referred to in this article, the Buyer hereby grants Easy Slowfeeder, or third parties designated by it, unconditional and irrevocable consent and authority to enter all places where Easy Slowfeeder’s property is located and to take back those goods.
  5. Easy Slowfeeder is entitled to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) met its payment obligations, despite an obligation of Easy Slowfeeder to transfer or hand over the Product(s). Once the Buyer has met its obligations, Easy Slowfeeder will make every effort to deliver the purchased Products to the Buyer as soon as possible, and in any case within 20 working days.
  6. Costs and other (consequential) damage resulting from the retention of the purchased Products are for the account and risk of the Buyer, and shall be reimbursed to Easy Slowfeeder on first demand.

Article 12 – Warranty

Easy Slowfeeder guarantees that the Products comply with the Agreement, the specifications stated in the Offer, their usability, the durability of the materials and/or soundness, and the statutory rules and regulations applicable at the time the Agreement is concluded. The warranty period is 2 years, except for parts of the Product with a shorter lifespan, such as, but not limited to, the mesh net. This also applies if the goods to be delivered are intended for use abroad and the Buyer has expressly notified Easy Slowfeeder in writing of such use at the time the Agreement is concluded.

Article 13 – Instructions for use of Products

  1. The Buyer of Products shall follow the rules and instructions of Easy Slowfeeder.
  2. The Buyer and third parties shall refrain from modifying and/or repairing the Products themselves.

Article 14 – Suspension and dissolution

  1. Easy Slowfeeder is entitled to suspend performance of its obligations or to dissolve the Agreement if the Buyer does not, or does not fully, meet its (payment) obligations under the Agreement.
  2. In addition, Easy Slowfeeder is entitled to dissolve the existing Agreement between itself and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer does not, or not in time or not properly, meet its obligations arising from any agreement concluded with Easy Slowfeeder.
  3. Furthermore, Easy Slowfeeder is entitled to dissolve (or have dissolved) the Agreement without prior notice of default if circumstances arise of such a nature that performance of the Agreement becomes impossible or can no longer reasonably be required under standards of reasonableness and fairness, or if other circumstances arise of such a nature that unchanged continuation of the Agreement cannot reasonably be expected.
  4. If the Agreement is dissolved, the claims of Easy Slowfeeder against the Buyer become immediately due and payable. If Easy Slowfeeder suspends performance of its obligations, it retains its rights under the law and the Agreement.
  5. Easy Slowfeeder always retains the right to claim damages.

Article 15 – Limitation of liability

  1. If the performance of the Agreement by Easy Slowfeeder gives rise to liability of Easy Slowfeeder towards the Buyer or third parties, that liability is limited to the costs charged by Easy Slowfeeder in connection with the Agreement, unless the damage was caused by intent or gross negligence. The liability of Easy Slowfeeder is in any case limited to the maximum amount that the insurer pays out per event per year.
  2. Easy Slowfeeder is not liable for consequential damage, indirect damage, injury to animals, loss of profit and/or losses suffered, missed savings, and damage resulting from the use of the Products supplied; this is excluded. For Consumers, a limitation applies in accordance with what is permitted under Article 7:24(2) of the Dutch Civil Code (BW).
  3. Easy Slowfeeder is not liable for, and is not obliged to repair, damage caused by use of the Product. Easy Slowfeeder provides strict maintenance and usage instructions which the Buyer must follow. All damage to Products resulting from use is expressly excluded from liability (including signs of use, use damage, fall damage, light and water damage, theft, loss, etc.).
  4. Easy Slowfeeder is not liable for any damage that results or may result from any act or omission made on the basis of (incomplete and/or incorrect) information on the website(s) or on linked websites.
  5. Easy Slowfeeder is not responsible for errors and/or irregularities in the functionality of the website, and is not liable for malfunctions or for the website being unavailable for any reason.
  6. Easy Slowfeeder does not guarantee the correct and complete transmission of the content of e-mails sent by or on behalf of Easy Slowfeeder, nor their timely receipt.
  7. All claims of the Buyer for failure on the part of Easy Slowfeeder lapse if they have not been reported to Easy Slowfeeder in writing, with reasons, within one year after the Buyer became aware, or could reasonably have become aware, of the facts on which the claims are based. All claims of the Buyer in any case lapse one year after the Agreement ends.

Article 16 – Force majeure

  1. Easy Slowfeeder is not liable if, due to a situation of force majeure, it cannot fulfil its obligations under the Agreement, nor can it be required to fulfil any obligation if it is prevented from doing so by a circumstance that is not attributable to its fault and that, by law, legal act or generally accepted practice, is not for its account.
  2. Force majeure includes, but is not limited to, what is understood as such in the law and case law, including: (i) force majeure at suppliers of Easy Slowfeeder; (ii) failure by suppliers to properly fulfil obligations prescribed or recommended to Easy Slowfeeder by the Buyer; (iii) defects in goods, equipment, software or materials of third parties; (iv) government measures; (v) power failure; (vi) failure of internet, data network and telecommunication facilities (for example due to cybercrime and hacking); (vii) natural disasters; (viii) war and terrorist attacks; (ix) general transport problems; (x) strikes within the business of Easy Slowfeeder; (xi) fire, theft, vandalism, etc.; and (xii) other situations which, in the opinion of Easy Slowfeeder, are outside its sphere of influence and which temporarily or permanently prevent compliance with its obligations.
  3. Easy Slowfeeder is entitled to invoke force majeure if the circumstance preventing (further) performance arises after Easy Slowfeeder should already have performed its obligation.
  4. The parties may suspend their obligations under the Agreement for as long as the force majeure continues. If this period lasts longer than two months, each party is entitled to dissolve the Agreement, without any obligation to pay compensation to the other party.
  5. Insofar as Easy Slowfeeder has already partly performed, or will be able to perform, its obligations under the Agreement at the time the force majeure occurs, and independent value attaches to the part performed or to be performed, Easy Slowfeeder is entitled to invoice the part already performed or to be performed separately. The Buyer is obliged to pay that invoice as if it were a separate Agreement.

Article 17 – Transfer of risk

The risk of loss or damage to the Products that are the subject of the Agreement passes to the Buyer, if the Buyer is a Business, at the moment the goods leave the warehouse of Easy Slowfeeder. For Consumers, the aforementioned risk passes to the Buyer once the Products have been placed in the Buyer’s control. This is the case if the Products have been delivered to the Buyer’s delivery address or if the Buyer collects the Products on site.

Article 18 – Intellectual property rights

  1. All intellectual property rights and copyrights of Easy Slowfeeder belong exclusively to Easy Slowfeeder and are not transferred to the Buyer.
  2. The Buyer is prohibited from disclosing and/or reproducing, altering or making available to third parties any documents on which the intellectual property rights and copyrights of Easy Slowfeeder rest, without the express prior written consent of Easy Slowfeeder. If the Buyer wishes to make changes to goods supplied by Easy Slowfeeder, Easy Slowfeeder must expressly approve the proposed changes.
  3. The Buyer is prohibited from using the Products to which the intellectual property rights of Easy Slowfeeder relate otherwise than as agreed in the Agreement.

Article 19 – Privacy, data processing and security

  1. Easy Slowfeeder handles the (personal) data of the Buyer and of visitors to the website(s) with care. If requested, Easy Slowfeeder will inform the data subject accordingly.
  2. If Easy Slowfeeder is required under the Agreement to provide for the security of information, that security shall meet the agreed specifications and a level of security that, given the state of the art, the sensitivity of the data and the associated costs, is not unreasonable.

Article 20 – Complaints

  1. If the Buyer is not satisfied with the Products of Easy Slowfeeder and/or has complaints about the (performance of the) Agreement, the Buyer is obliged to report those complaints as soon as possible, and at the latest within 14 calendar days of the relevant event that gave rise to the complaint. Complaints can be reported to [email protected] with the subject “Complaint”.
  2. The Buyer must adequately substantiate and/or explain the complaint for Easy Slowfeeder to be able to deal with it.
  3. Easy Slowfeeder will respond to the substance of the complaint as soon as possible, and at the latest within 14 calendar days of receiving it.
  4. The parties will try to reach a solution together.

Article 21 – Applicable law

  1. Dutch law applies to every Agreement between Easy Slowfeeder and the Buyer. The application of the (CISG) United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) is expressly excluded.
  2. In the event of any dispute over the interpretation of the content and purport of these terms and conditions, the Dutch text shall always prevail. Easy Slowfeeder is entitled to amend these terms and conditions unilaterally.
  3. All disputes arising out of or in connection with the Agreement between Easy Slowfeeder and the Buyer shall be settled by the competent court, the District Court (Rechtbank) of Zeeland-West-Brabant, unless mandatory law designates another competent court.

Zonnemaire, 29 November 2023