General terms, conditions & privacy

Parties

BOA Vets for Vets BV, with enterprise number BE0771.469.803 and registered office at Kloosterbempden 14 bus 14, 3680 Maaseik, as well as its operated e-commerce webshop https://boavets.shop, hereinafter referred to as "BOA".

and

any natural person or business on whose behalf BOA provides services or Goods, whether or not for the actual beneficiary, hereinafter referred to as "Customer".

GENERAL PROVISIONS

General provisions

BOA offers veterinarians' practices, veterinary nurses, and their Customers the opportunity to purchase Goods online via https://boavets.shop, whether or not intended for their own use.

If the Customer has ordered Goods via the BOA website for a third-party end-user or resold them, BOA shall only be bound to its obligations towards the Customer. In such a case, the Customer assumes the responsibilities and legal obligations towards the end-user.

Definitions

"Terms": All the provisions listed below, including the specific provisions regarding prices, quotations, invoices, and payments contained in the separate document "Invoicing and Payment Terms" which are an integral part hereof.

"Veterinary Practice": Any veterinary care institution, as defined in the code of ethics of the order of veterinarians (Conseil régional de l'Ordre des Vétérinaires d'expression française / Nederlandstalige Gewestelijke Raad van de Orde der Dierenartsen), and the veterinarians or veterinary nurses working therein acting on behalf of and/or under the responsibility of the veterinarian in accordance with the law on the practice of Veterinary Medicine and the Veterinary Assistants Decree, who are members of BOA and have been selected by the Customer from the list of affiliated veterinary practices listed on the BOA Website for the purpose of placing orders. By selecting a veterinary practice via the BOA Website, the Customer indicates that the animal(s) for which the Customer is purchasing Goods are under the care of the respective veterinary practice.

"Goods": All goods and materials supplied by BOA including, but not limited to, animal feed, veterinary products, and non-prescription medicines.

"BOA website": The e-commerce website https://boavets.com and any alternative domain thereof operated by BOA.

"Services": Any form of service provided by BOA intended to process online orders, deliveries, payments, and data management correctly.

Customer Service

The Customer Service of BOA can be contacted via email at info@boavetsforvets.be or by post at the address boa vets for vets bv, Kloosterbempden 14 bus 14, 3680 Maaseik, Belgium.

Application, Acknowledgment, and Acceptance

These Terms apply to every Agreement with BOA in the broadest sense of the word, including the purchase of Goods via the BOA Website.

BOA provides the Terms to the Customer at the start of the agreement with the explicit request to acknowledge and accept them. This occurs during the online ordering process through a mandatory click field, after which the time of the order is recorded. Upon request, BOA also provides the Terms via email or post to the Customer. The Terms are also freely accessible online on the BOA website.

If these Terms conflict with any general terms and conditions of the Customer, the parties agree that only the conflicting provisions shall be negotiated by mutual agreement. The Terms of BOA shall prevail for the remaining provisions, and in the case of any translations, the Dutch version shall always prevail. Any additional or different agreements that deviate from one or more provisions in these Terms shall exclusively concern the provision(s) they deviate from. The others remain applicable in full.

If one or more provisions conflict with Belgian legislation or are void, this shall not affect the validity of the remaining provisions. The invalid or void provisions shall then be construed as valid provisions whose result comes as close as possible to their intended result. Parties can always deviate from specific provisions by mutual agreement, provided that they confirm their agreement to each other in writing.

Agreements or commitments made by third parties, representatives, or third parties that would bind BOA are only valid after written confirmation by the director(s) of BOA.

OFFER, PRICES, BOACOINS

Offer

The offer is valid while stocks last and may be adjusted or withdrawn by BOA at any time. BOA is not liable for the unavailability of an item. In such a case, BOA will notify the Customer as soon as possible, propose an alternative item, or refund any amounts already paid for the unavailable item. If an item has a limited validity period or is subject to Conditions, this is explicitly stated on the website.

If the Customer has questions about size, color, availability, delivery time, or other product features, they should contact the selected Veterinary Practice.

Warranty

Pursuant to the law of September 21, 2004, concerning the protection of consumers in the sale of consumer goods (art.1649bis et seq. Old Civil Code), the consumer is entitled to a warranty from the date of delivery to the first owner. Any commercial warranty does not affect these rights.

If the Customer notices a defect or fault, they should notify the Veterinary Practice as soon as possible. The Veterinary Practice will propose a method to inspect the Goods, for example, through a return shipment. The Customer is advised to keep the original packaging of the Goods to facilitate the warranty processes. If the warranty applies, the Veterinary Practice will bear the costs for the return shipment and propose a solution (e.g., exchange or refund).

Upon discovering a defect, the Customer must inform the Veterinary Practice as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after its discovery. Thereafter, any right to repair, replacement, dissolution, compensation, price reduction, or otherwise shall lapse.

The warranty never applies to defects arising from accidents, neglect, falls, use of the item in a manner contrary to its intended purpose, failure to comply with the instructions for use or manual, modifications or alterations to the item, rough handling, poor maintenance, or any other abnormal or incorrect use.

Defects that manifest after a period of two years following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless proven otherwise by the Customer.

Prices

All prices mentioned on the BOA website are in EURO, including VAT and including legal taxes. Any deviating prices and discounts such as recommended prices, promotions, and additional costs (e.g., delivery, reservation, and administration costs) are displayed separately and clearly. The displayed item photos are purely indicative and may contain elements not included in the price.

BOA reserves the right to change its Terms and prices at any time, but never to the detriment of the affiliated Customer. BOA will timely inform the Customer of any changes that may affect the current or future agreement, requesting formal acceptance of the amended provisions. Any price adjustments due to legal obligations (e.g., increase in excise duties) shall be automatically and immediately implemented.

boaCoins

BoaCoins refer to a loyalty program for BOA Customers. With every purchase, the Customer can collect boaCoins. For every 25 euros of purchase amount, the Customer earns 5 boaCoins, which are valid for 1,000 days. From the first boaCoin, the Customer can redeem it for an immediate discount during checkout on a subsequent purchase or decide not to do so and continue collecting boaCoins. The current balance of boaCoins is accessible in the ACCOUNT section. boaCoins will only be added to the number of accumulated boaCoins once an order has been delivered and collected. boaCoins are only redeemable for discounts on purchases and are not refundable for cash under any circumstances.

ORDER PROCESS

Online Purchase Process

The Customer creates a BOA account or logs into the existing account to place an order. The Customer selects a Veterinary Practice affiliated with BOA, accepts the Terms, validates the order, and makes an online payment.

The Customer's email address is necessary for validation and verification of the order. It may also, in accordance with the applicable legal rules, particularly regarding the protection of personal data, be used to inform the Customer of customized commercial offers from BOA.

The order on the BOA Website is recorded once the online payment has been accepted by the system, an order reference has been assigned, and the Customer receives an order confirmation on the screen. This order confirmation is also sent to the email address provided by the Customer.

Orders are processed from Monday to Friday. To protect the interests of the Customers, BOA may carry out additional checks and request information or documents necessary to unblock an order. This procedure may result in a delay in order processing.

After verification of the Order and the data provided by the Customer, BOA and the Veterinary Practice reserve the right to refuse or accept the order. Orders from a Customer with whom a dispute exists or orders due to a serious breach by the Customer will be refused, and the Customer will be refunded.

Order summaries and invoices are available on the website under the section "My account", "Orders", and "Details".

RIGHT OF WITHDRAWAL

Reflection period and right of withdrawal

The Customer, if they are a consumer according to art. I.1; 2° WER and not a business or legal person, has the right to withdraw from the agreement within a period of 14 calendar days without giving any reason, within 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, physically receives the goods.

To exercise the right of withdrawal, the Customer must inform BOA of their decision to withdraw from the agreement by means of an unequivocal statement (e.g., by email). The Customer may use the attached model withdrawal form for this purpose, but is not obliged to do so.

To comply with the withdrawal period, the Customer must send the notice regarding the exercise of the right of withdrawal before the withdrawal period has expired.

The Customer must return or hand over the Goods to the Veterinary Practice where the Customer collected the Goods without delay, but in any case no later than 14 calendar days after the day on which the Customer notified BOA of their decision to withdraw from the agreement. Only items returned including all accessories and instructions for use will be accepted.

The direct costs of returning the Goods are borne by the Customer.

If the Customer withdraws from the agreement, BOA will refund all payments received from the Customer up to that moment, to the Customer within a maximum of 14 calendar days after BOA has been informed of the decision to withdraw. In the case of sales contracts, BOA may wait to refund until all Goods have been returned, or until the Customer has demonstrated that the Goods have been returned, whichever occurs first.

BOA will reimburse the Customer using the same means of payment that the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise. No fees will be charged for refunds.

The Customer cannot exercise the right of withdrawal for the following Goods:

• all medicines and medical devices, for safety and traceability reasons, in accordance with the applicable Belgian regulations;
• sealed products that cannot be returned for reasons of hygiene and public health protection, and whose seal has been broken by the Customer after delivery;
• products made according to the Customer's specifications or clearly personalized;
• products that are perishable or will quickly reach their expiry date.

DELIVERY & RETURNS

Delivery & performance of the agreement

Goods are delivered to the selected Veterinary Practice, where the Customer can collect the Goods during opening hours.

Orders remain available to the Customer for 14 calendar days from the date of dispatch of the email notifying the Customer that the Goods are available at the selected veterinary practice. If Goods are not collected within this period, the Veterinary Practice will send the Customer a reminder with an extended collection period. In case of exceeding this period, the Veterinary Practice may charge the Customer for storage and custody costs.

Recalls

If a Manufacturer announces a recall, BOA will notify the Customer as soon as possible with clear instructions on actions to be taken. This may include an inspection or repair by the Manufacturer, an exchange, or a return shipment. In such cases, the associated costs are borne by the Manufacturer.

Recalls do not affect the legal, commercial, or additional warranty periods offered by BOA to the Customer, and in no way obligate BOA to pay compensation to the Customer.

Returns

All costs and risks for returns are borne by the Customer, except in cases of:

• recalls by the Manufacturer
• Returns under warranty (only if warranty applies)

The Customer is requested to retain original packaging as much as possible.

INTERNET, PRIVACY, AND INTELLECTUAL PROPERTY

Internet

BOA endeavors to ensure the smooth operation of its website and e-commerce applications and reserves the right to modify and/or maintain the scope, content, and functionality of the BOA Website at its discretion.

In no event shall BOA be liable for any interruptions and/or disruptions of the online services offered, loss of data, distribution of viruses or malware, or errors in the offer due to, for example, incomplete information, typographical errors, or outdated information.

Intellectual property rights

All documents, images, texts, designs, and all other intellectual works made by BOA, regardless of the form, remain the property of BOA. It is not permitted to distribute, copy, disclose, or use them in any way, either by oneself or with the assistance of third parties, without the explicit prior consent of BOA.

If BOA provides information from partners, authorities, or third parties to the Customer, it is purely indicative without any guarantee of accuracy.

Privacy

The data controller, BOA, respects the Belgian law of December 8, 1992, regarding the protection of privacy in the processing of personal data. The personal data provided by the Customer are only used for the following purposes: the execution of the concluded agreement, processing the order, sending newsletters, advertising, and/or marketing purposes. BOA also keeps online (anonymous) visitor statistics to assess the extent to which pages of the website are visited.

The Customer has a legal right to access and possibly correct personal data. Upon proof of identity (copy of identity card), the Customer can obtain, free of charge, the written communication of their personal data by means of a written, dated, and signed request to BOA. The Customer can also modify such data via their account profile.

In case of the use of data for direct marketing: The Customer can oppose the use of their data for direct marketing purposes free of charge. To do so, the Customer can contact the BOA Customer Service. The Customer can also direct any questions regarding the BOA privacy policy here.

BOA treats Customer data as confidential information and will not disclose, rent, or sell it to third parties. The Customer is responsible for keeping their login details confidential and for the use of passwords. The password is stored encrypted, so BOA does not have access to the Customer's password.

Use of cookies

During a visit to the BOA website, "cookies" may be placed on the hard drive of the Customer's computers and mobile devices. A cookie is a text file placed by the server of a website in the browser of the device when visiting a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.

BOA uses the following cookies:

• Functional cookies such as storing login details or the contents of an online shopping cart.
• Social Media cookies Examples of these cookies include: Articles viewed on the website, including through social media sharing buttons. Social media cookies from social media parties are used for the functioning of these buttons, so they recognize the account when sharing an article.
• Advertisement cookies These cookies allow displaying relevant advertisements based on personal interests.

Users can configure their internet browser to not accept cookies, to receive a warning when a cookie is installed, or to delete cookies from the hard drive afterward. This can be done through the browser settings (via the help function). However, by taking this action, it is possible that certain graphic elements may not appear correctly, or that certain applications may not be usable.

CANCELLATION, COMPLAINTS & TERMINATION

Complaints

Any complaints regarding the operation of the webshop must be addressed to the BOA Customer Service. Complaints regarding ordered Goods must be addressed to the Veterinary Practice.

Complaints regarding the services provided by BOA must be submitted in writing by the Customer within 14 calendar days. BOA undertakes to handle each complaint with due care and attention and to respond formally within 30 days.

Customers can also submit complaints to the consumer mediation service of the FPS Economy via https://consumentenombudsdienst.be/nl.

Cancellation

If the Customer wishes to cancel an order outside the legal withdrawal period, they must contact the Veterinary Practice, which will assess whether and to what extent cancellation, any refund, or other compensation is possible.

Cancellation is only valid upon written acceptance/confirmation by the Veterinary Practice.

Force Majeure

• BOA reserves the right to terminate the agreement if it is unable to fulfill its obligations due to temporary or permanent force majeure. Force majeure includes all circumstances that cannot reasonably be influenced by BOA, such as but not limited to: forced reduction of production at suppliers, traffic obstructions, exceptional weather conditions, social conflicts or strikes, fire, delayed or incorrect delivery by third parties, etc. In this case, the Customer is entitled to a refund of any amounts paid to BOA without additional compensation for ordered Goods that have not yet been delivered. Refunds are made by bank transfer within 30 days of the termination of the agreement.

Termination

• BOA is entitled to extrajudicially terminate or suspend continuation or renewal of the current or future agreement if the Customer fails to comply with the payment obligation. The Customer can also unilaterally terminate or suspend any agreement. Parties will notify each other of such intentions and remain obligated to pay previous invoices and/or refunds related to delivered Goods and/or services.

INVOICING AND PAYMENT TERMS

Online Payment

Unless explicitly agreed otherwise, orders are paid online upon completion of the online purchase process. In exceptional cases where BOA allows payment after delivery via bank transfer, the deviating invoice and due date will be indicated on the invoices.

Online payments are made via a secure SSL connection to payment provider MOLLIE, which encrypts all payment data. Critical payment data of the Customer is not stored by BOA or on its website.

The Customer receives an order confirmation as soon as the payment is accepted by the system, stating the amount paid. This order confirmation is also sent to the email address provided by the Customer.

The Customer must verify that online payments have been correctly processed and debited from their account. BOA is not liable for online payments that have not been successfully completed.

Accessing Orders, Invoices, and Payments

The customer can consult a summary of previously placed orders, previous and/or outstanding invoices, as well as executed payments at any time via the BOA website under the ACCOUNT section or request such a summary via email to info@boavetsforvets.be or by mail to boa vets for vets bv, Kloosterbempden 14 bus 14, 3680 Maaseik, Belgium.

Invoice Collection for Late Payments

Invoice collection applies to any late payment (for example, when BOA allows an exceptional payment term or payment after delivery), as well as when an online payment is incomplete or canceled for any reason.

BOA reserves the right to outsource invoice collection to third parties such as professional debt collectors and to provide them with the necessary personal data. In this case, the Customer is liable for full compensation for both extrajudicial and any judicial collection costs.

Invoice Collection for Consumers

Once the payment term has expired, BOA proceeds with invoice collection in accordance with Book XIX of the Economic Law Code regarding invoice collection for consumers.

First, the Customer receives a free payment reminder requesting payment of the outstanding amount within 14 calendar days. This period starts on the calendar day following the dispatch date of this reminder via email on the third business day after dispatch by post. Upon expiry of the period, the following collection costs are automatically due:

Late payment interest according to Article 5 of the Law of August 2, 2002, concerning the combating of late payment in commercial transactions: https://financien.belgium.be/nl/over_de_fod/structuur_en_diensten/algemene_administraties/thesaurie/rentevoet_betalingsachterstand_handelstransacties

One-time lump sum penalty clause

• €20.00 for claims equal to or less than €150.00
• €30.00 + 10% of the outstanding amount in the bracket between €150.01 and €500.00
• €65.00 + 5% of the outstanding amount in the bracket above €500.01 with a maximum of €2,000.00

Flat-rate reminder fee of €7.50 per letter plus postage costs, for each letter from the fourth reminder per calendar year, in case of regular deliveries.

The Customer has the right to request additional information about invoices or a repayment plan and to report any debt mediation as well as to dispute received invoices. For this purpose, the Customer must provide a written explanation to BOA within 14 calendar days. In such cases, BOA and/or its appointed debt collectors temporarily suspend the collection procedure in accordance with the deadlines in Book XIX of the Economic Law Code.

Invoice Collection for Businesses

For invoices to businesses, the legal provisions regarding invoice collection in commercial transactions apply, including the provisions on late payment interest according to Article 5 of the Law on late payment dated 02/08/2002. In case of late or incomplete payment, if the customer does not comply with the payment terms, a fixed compensation is automatically applicable from the due date of the invoice, without prior notice or formal notice, over the amount due. This penalty clause amounts to 10% of the principal sum with a minimum of €40.00, increased by fixed administrative costs amounting to €12.50, and further increased by any bank, postage, and/or transaction costs (to the extent applicable) and any litigation costs.

Refunds

If the Customer is entitled to a refund, BOA will refund all payments received from the customer up to that point within a maximum of 14 calendar days. In sales contracts, BOA may wait to refund until all goods have been returned, or until the customer has demonstrated that the goods have been returned, whichever occurs first.

BOA refunds the customer using the same payment method used by the customer for the original transaction, unless the customer expressly agrees otherwise. No costs or interest are due on refunds between parties.

LIABILITY, DISPUTES & APPLICABLE LAW

Liability, Breach, and Restitution

If one of the parties fails to perform, only partially performs, or performs incorrectly under the agreement, the party that has suffered damage notifies the other party of this in writing within 14 calendar days, providing reasons and an estimate of the incurred damage. To the extent it is demonstrable and quantifiable in financial value, the damage is refunded between the parties. In no event does such an incident exempt the Customer from the obligation to pay invoices not directly related to the damage.

BOA is liable for direct damages if they result from non-compliance with the commitment made or are caused by intentional gross negligence or fraud by BOA and/or its appointed parties. In accordance with Art. VI.83, 13° WER. BOA is not liable for indirect consequential damage such as, but not limited to, loss of profit, any damage, theft, or loss during transport or at the place of delivery.

Reciprocity Clause

In accordance with Art. VI.83 WER. 17°, the Consumer-Customer is entitled to equivalent compensation if BOA fails to fulfill its obligations. If BOA and the Consumer-Customer owe each other any compensation or refund, the amounts mentioned in the Terms and Conditions apply to both parties.

Proof

The Customer accepts that electronic communications and backups can serve as evidence.

Disputes and Applicable Law

Belgian law applies, except when the mandatory provisions of international private law regarding applicable law for consumers apply and designate another law. In the event of judicial disputes, the (Belgian) courts of the seat of BOA are competent unless the mandatory provisions regarding jurisdiction for consumer agreements apply. In that case, the courts are competent as designated by international private law. The Customer can also resort to the ODR platform for online dispute resolution:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show

ANNEX 1: MODEL WITHDRAWAL FORM

To be used only if you want to withdraw from an agreement according to the procedure described in the General Terms and Conditions by filling in this form and returning it within the aforementioned period via info@boaforvets.be or to boa for vets bv, Kloosterbempden 14 bus 14, 3680 Maaseik, Belgium.

I hereby inform you that I wish to withdraw from our agreement for the purchase of the following Goods:

Article Description: .....................................................................................................................

Ordered on date: .....................................................................................................................

Received on date: ..................................................................................................................

via veterinary practice: ............................................................................................................

Name of the consumer: ...........................................................................................................

Consumer address: ..................................................................................................................

Bank account number for potential refund: ...............................................................................

Date & Signature

(only if this form is sent via post)