Section 1 - Definitions

In these terms and conditions, the following definitions apply:

• Company: Dyrgard, located at Roekenbos 126, 2134VK Hoofddorp, Netherlands, registered with the Chamber of Commerce under number 82093377.
• Products: Pet supplies, including products designed and produced by Dyrgard, as well as third-party products resold by Dyrgard.
• Agreement: Any contract between the company and the client or reseller for the supply of products.
• Client or Reseller: Any natural or legal person acting in the course of a profession or business who enters into an agreement with the company.
• Consumer: A natural person who is not acting in the course of a profession or business and enters into an agreement with the client or reseller for the purchase of products for personal use.
• Force Majeure: An unforeseen event preventing one or both parties from fulfilling their contractual obligations.
  
  

Section 2 - Applicability

These terms and conditions apply to all offers, quotations, and agreements between Dyrgard and its clients. For agreements with consumers, the Consumer Terms and Conditions apply unless explicitly stated otherwise. By placing an order or accepting an offer, the client agrees to these terms and conditions.

Section 3 - The Offer and Acceptance

1. Offer: If an offer has a limited validity period or is subject to conditions, these will be clearly stated in the offer. All offers include a detailed and accurate description of the products or services, enabling the client to assess the offer properly.
2. Acceptance: A contract is concluded once the client accepts the offer, either in writing or electronically, and Dyrgard confirms the acceptance.
   
   

Section 4 - Payment Terms

The payment terms will be as agreed between Dyrgard and the client in writing. Dyrgard reserves the right to decide whether payment is required in advance or after delivery. For clients located outside the European Union, Dyrgard may require full payment prior to shipment. If the client fails to adhere to the agreed payment terms, Dyrgard reserves the right to suspend or cancel any pending deliveries until full payment is received.

Section 5 - Late Payment

If the client fails to pay within the agreed period, all reasonable costs incurred by Dyrgard to recover the outstanding amount, including legal fees and collection costs, will be charged to the client. Any interest on late payments shall also be borne by the client.

Section 6 - Security and Data Handling

Dyrgard ensures that appropriate security measures are in place for the electronic transmission of data, particularly for payments. Any electronic payment must be conducted via secure methods that ensure data integrity and confidentiality.

Section 7 - Delivery

Dyrgard will deliver products within the agreed working days after order confirmation, subject to product availability. In the event of any delays, by Dyrgard, Dyrgard will refund any payments made within 30 days. Dyrgard will not be held responsible for unforeseen circumstances that may lead to late delivery or inability to deliver. If delays are caused by the client (e.g., failure to provide a valid delivery address), Dyrgard reserves the right to charge additional storage or administrative fees.

Section 8 - Intellectual Property Rights

All intellectual property rights, including but not limited to registered and unregistered designs, trademarks, copyrights, and trade secrets, related to products designed and produced by Dyrgard remain the property of Dyrgard. For third-party products resold by Dyrgard, any intellectual property rights remain with the respective third-party owner. The client is not permitted to reproduce, distribute, or make available any material, including but not limited to product designs, technical drawings, packaging, digital files, or other proprietary information, without explicit prior written consent of an authorized Dyrgard representative.

Disputes related to intellectual property rights will be resolved under the jurisdiction of the courts in Amsterdam and consequences of infringement, including but not limited to immediate termination of agreements and pursuit of damages, will be handled in accordance with the applicable laws of the Netherlands, the EU, or relevant international regulations.

 

Section 9 - Risk Transfer

For clients located inside the European Union, the risk of damage or loss of products passes to the client upon delivery to the client or their designated representative. For clients located outside the European Union, the risk transfer is determined as agreed upon. Dyrgard may assist in filing claims with the courier service, depending on the circumstances.

Section 10 - Governing Law and Dispute Resolution

These terms and conditions, and any agreements made under them, shall be governed by and construed in accordance with the laws of the Netherlands. For clients located within the European Union, the Brussels I Regulation will apply for the mutual recognition and enforcement of judgments. Disputes arising from these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Amsterdam, unless otherwise agreed in writing.

For clients outside the European Union, Dyrgard reserves the right to choose to resolve disputes through international arbitration under the rules of the International Chamber of Commerce (ICC). The language of arbitration will be English. Dyrgard reserves the right to require full payment before shipment for clients outside the European Union.

Section 11 - Information on Guarantees and Service

Dyrgard guarantees that the products supplied comply with the terms of the agreement. Where applicable, warranties are provided as per the specific product warranty terms. After-sales service is offered for a reasonable period following delivery, as outlined in the individual product documentation or agreed with the client.

Section 12 - Termination

Dyrgard reserves the right to terminate the agreement at its discretion in the event of client insolvency or financial instability. Either party may terminate the agreement with immediate effect if the other party is in breach of a material term and fails to remedy such breach within 14 days of receiving notice.

Section 13 - Force Majeure

Dyrgard reserves the sole right to determine whether an event qualifies as force majeure. This determination will be made at Dyrgard’s discretion, ensuring that such events are not used as a means to avoid contractual obligations without valid cause. Requests to invoke force majeure must be submitted in writing or via email to Dyrgard.
 

Section 14 - Liability

1. General Limitation of Liability:
   Dyrgard’s liability for direct damages shall be limited to the invoiced value of the specific products or services that directly caused the damage, unless otherwise agreed in writing. Dyrgard reserves the right to determine reasonable compensation based on the scale and circumstances of the issue, including the client’s history and demonstrated good faith.

2. Indirect and Consequential Damages:
   Dyrgard shall not be liable for indirect damages, including, but not limited to, loss of profits, business interruptions, loss of data, or any consequential damages arising from the agreement.

3. Conditions for Compensation:
   Compensation claims will only be considered if:

   • The claim relates to direct damages caused by Dyrgard.
   • The client has fulfilled all payment obligations under the agreement.
   • The client has provided proper documentation and evidence to substantiate the claim.

4. Exclusions from Liability:
   Dyrgard shall not be liable for damages resulting from:

   • Misuse, improper handling, or failure to follow instructions for the use or installation of products.
   • Events beyond Dyrgard’s reasonable control, including force majeure.
   • Unauthorized modifications or repairs to products by the client or third parties.

5. Custom and Large Orders:
   For custom or large orders, any cancellation or claims arising after production has begun will be subject to a review of incurred costs. The client will remain liable for all costs related to materials, labor, or other resources allocated to the order up to the point of cancellation or claim.

6. Risk Mitigation and Goodwill:
   While Dyrgard is not obligated to compensate for damages outside the agreed terms, the company may, at its sole discretion, provide additional support or goodwill measures to loyal clients or clients demonstrating good faith.

7. Third-Party Claims:
   For claims arising from third-party use (e.g., consumer complaints handled by resellers), Dyrgard’s liability will be limited to the terms outlined in the agreement with the reseller. Resellers remain responsible for resolving consumer disputes in line with Dyrgard’s warranty terms.

 

Section 15 - Complaints and Returns

Complaints about the products or services provided must be reported to Dyrgard in writing within 14 days after delivery. If a complaint is found to be valid, Dyrgard may choose to repair or replace the product or offer a refund. Returns are only accepted with prior written consent from Dyrgard and under conditions specified by Dyrgard. The cost of returning products will be borne by the client unless the complaint is deemed valid by Dyrgard.

Section 16 - Revisions and Amendments

The version of the Terms and Conditions provided during the quotation process will be the applicable version for that agreement. Dyrgard reserves the right to make changes or amendments to the Terms and Conditions at any time. The most current version of the Terms and Conditions will apply to future agreements, unless otherwise stated.

Section 17 - Miscellaneous

Terms and conditions may not be modified except by written agreement between Dyrgard and the client. Additional or deviating terms that are agreed upon will take precedence over conflicting provisions in these terms and conditions.

Section 18 - Warranty

Dyrgard offers a 2-year warranty on its own products starting from the date of the consumer's purchase. However, the warranty period is capped at 4 years from the date the reseller purchases the products from Dyrgard, whichever comes first. The warranty period is limited to avoid excessive wear or liability after prolonged resale periods (e.g. magnet strenght of the Terra Bottle Holder).

Warranty Coverage

The warranty covers manufacturing defects and material failures under normal use conditions. Dyrgard reserves the right to decide whether to repair, replace, or refund the defective product.

Warranty Exclusions

The warranty does not cover the following, but is not limited to :

• Gnawing damage or destruction caused by pets.
• Misuse or neglect by the reseller
• Improper storage that leads to degradation.
• Normal wear and tear.
• Unauthorized alterations
• Reduction of magnet strength over time.
• Incidental or consequential damages, including but not limited to loss of profits, business interruption, or other financial losses.

For consumer-specific warranty information, including consumer exclusions and claims, please refer to our Consumer Terms and Conditions

Reseller Responsibility

For products sold through resellers:

• Consumer warranty claims must be handled by the reseller. Dyrgard will not process warranty claims directly from the end consumer from purchased products from the reseller.
• The reseller is responsible for collecting all necessary information from the consumer and submitting the warranty claim to Dyrgard on behalf of the consumer.
  
  

Warranty Claim Form

To submit a warranty claim, the reseller must provide the following information:

• Company Name (Reseller)
• Proof of Purchase from Dyrgard (invoice or receipt)
• Consumer's Proof of Purchase (receipt or invoice provided to the consumer)
• Date of Sale to the consumer
• Description of the Defect
• Images clearly showing the defect
  
  

Claim Process

• Submission: Warranty claims must be submitted via email to Dyrgard, including all required information and documentation.
• Response Time: Dyrgard will acknowledge receipt of the claim within 5 business days and will provide a resolution or further instructions within 15 business days.

• Claim Validity; Claims will only be considered valid if:

  • The claim is submitted within the applicable warranty period.
  • The defect is not the result as outlined in the warranty exclusions.
  • All required information and documentation are provided in full

If the above criteria are not met, Dyrgard reserves the right to reject the claim.

• Resolution: Upon validation of the claim, Dyrgard will determine at its discretion whether to repair the product, provide a replacement, or issue a refund to the reseller. If a claim is deemed invalid, Dyrgard will notify the reseller, providing an explanation. The reseller may address deficiencies or submit additional documentation within 15 business days of notification.
  

Additional Notes

• Any unauthorized repairs or modifications void the warranty.

 

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