Download general terms and conditions
GENERAL CONDITIONS OF SALE RELATING TO INTERNET SALES BY EUROPIEGONS TO CONSUMERS
The general conditions of sale apply between the following parties:
Europigeons (hereinafter “Europigeons”), a company under Dutch law, with its registered office at Zwethkade Zuid 29b, 2635 CV Den Hoorn, The Netherlands (also referred to as: “the business address”), registered with the ING Bank under number NL92 INGB 0652 2603 14
the Purchaser, as defined hereafter;
Europigeons is an enterprise that is known worldwide as a seller of pigeons and which has a website (www.Europigeons.nl), on which the sale of pigeons is organized by fixed prices.
A Consumer, as defined hereinafter, is able to buy by means of the Europigeons online system if, prior to the time of the auction, they are registered with Europigeons and are recognized as a buyer by Europigeons.
The present Conditions of Sale govern the online sales by Europigeons to the Purchaser, as defined hereinafter.
The following terms which are highlighted with a capitalized first letter have the following meaning:
Consumer: a natural person who acts for purposes which are not related to their professional or their commercial activities.
Pigeon: the pigeon or pigeons which are identified in the purchase offer which is sent out to the Purchaser, as defined hereinafter, by means of the Website, as defined hereinafter.
Young Pigeon: a pigeon or pigeons which is/are at most one year old.
Purchaser: a Consumer who is registered with Europigeons as a buyer and is recognized as a buyer by Europigeons prior to or during the auction.
Conditions of Sale: these present conditions of sale Website: www.Europigeons.nl
Clause 1 – Object
The purpose of the Conditions of Sale is to determine the terms and conditions under which Europigeons sells the Pigeon to the Purchaser. The Conditions of Sale apply to all internet sales made by Europigeons to a Purchaser.
Clause 2 – Establishment of a purchase agreement between Europigeons and the Purchaser
2.1. The offer is sent out by the Purchaser
The description of a pigeon or pigeons and/or the photos of a pigeon or pigeons on the Website are merely invitations which are sent out by Europigeons for the receipt of binding purchase offers; in no event do they create a binding offer to sell on the part of Europigeons.
The Purchaser who wishes to purchase a pigeon that is described and/or shown on the Website, must place a binding offer to Europigeons by means of the Website: www.Europigeons.nl), with indication of the price offered. This offer is binding on the Purchaser.
The Purchaser is aware that Europigeons is not obliged to accept this offer, even in the event in which this offer is the highest offer which has been received by Europigeons. Europigeons reserves the right at all times to request additional information from the Purchaser following receipt of the offer from the Purchaser.
2.2. Establishment of a purchase agreement
The purchase agreement between Europigeons and the Purchaser is then established at the moment in which Europigeons accepts the offer of the Purchaser for the purchase of the Pigeon. Europigeons will send out a confirmation e-mail to the Purchaser within 48 hours of acceptance of the aforementioned offer of the Purchaser.
Clause 3 – Obligation to deliver of Europigeons
The identity of the Pigeon, subject to proof to the contrary of the Purchaser, is adequately demonstrated by Europigeons by means of a pedigree/family tree and the ring card (with the exception of those countries in which the same is not foreseen by a Federation, such as the NPO or by an equivalent foreign entity, in which case the leg ring will demonstrate the identity of the Pigeon). The aforementioned documents, unless otherwise agreed, are transferred by Europigeons to the Purchaser either at the time of the delivery of the Pigeon or shortly after the delivery by mail.
In view of the nature of the good that is being sold, being that it is a living animal, the Purchaser recognizes that the eventual infertility or reduced fertility of the Pigeon, notwithstanding the efforts undertaken by Europigeons in this regard and as detailed hereafter, does not have any influence on the conformity of the delivered product;
In view of the nature of the good that is being sold, being that it is a living animal, the Purchaser recognizes that the perfect health of the Pigeon, notwithstanding the efforts undertaken by Europigeons in this regard and as detailed hereafter, is not required for the fulfilment on the part of Europigeons of their delivery obligations.
Clause 4 – Remaining obligations of Europigeons
Europigeons commits to impose an obligation upon its supplier(s)/pigeon fancier(s) to deliver the Pigeon in good condition. A pigeon in good condition shows:
Normal white ceres
Has sufficient muscle tissue next to the breastbone
Has a pale pink throat without mucus
Shows glossy plumage
Gives an impression of vitality.
Furthermore, Europigeons commits to request of its supplier(s)/pigeon fancier(s) proof of vaccination against the paramyxovirus, and this within a period of less than six months prior to the conclusion of the auction period.
Clause 5 – Purchase price - Payment terms – Place of payment
5.1. Purchase price
The purchase price, which is to be paid by the Purchaser to Europigeons for the Pigeon, is that which is bid by the Purchaser in their binding offer relating to the Pigeon and which is accepted and confirmed by Europigeons.
All amounts are always expressed in Euros. Apart from the case where it is expressly agreed upon in writing to the contrary, all payments are to be carried out in Euros.
The Dutchvalue added tax (VAT), where applicable, is included in the aforementioned purchase price.
The following are NOT included in the aforementioned purchase price:
Other taxes and duties that are applicable, such as import taxes
Miscellaneous expenses, such as eventual bank costs of the Purchaser
Transportation costs for the transport of the Pigeon from the place of delivery as determined in Clause 7 to the location requested by the Purchaser. The Purchaser is responsible for this transportation. Upon explicit and exceptional request of the Purchaser, Europigeons can (help) organize this transportation (in the name and) on account of the Purchaser. Europigeons reserves the right to invoice the Purchaser for the costs hereof.
5.2. Payment terms:
Following the creation of the purchase agreement between Europigeons and the Purchaser, as determined in Clause 2.2, Europigeons sends an invoice to the Purchaser. Insofar as not otherwise agreed upon, the Purchaser is required to immediately pay the total amount that is indicated in the invoice to Europigeons within a time period of 7 calendar days following receipt of this invoice.
The non-payment or incomplete payment of the amount indicated in the invoice within the aforementioned time period, and in the case in which the notice of default sent by Europigeons to this effect remains without remedy for a period of thirty calendar days, is a serious shortcoming and entitles the extra judicial dissolution of the agreement for breach of contract by the Purchaser, as determined in Clause 13.
5.3. Place of payment
The place of payment is always the business address of Europigeons, as indicated here above.
Clause 6 – Transfer of ownership, retention of ownership and transfer of risk
Europigeons remains the owner of the Pigeon up until the moment in which the complete purchase price has been received by Europigeons.The risk relating to the Pigeon is transferred to the Purchaser at the time of delivery, as determined hereinafter.
Clause 7 - Delivery
7.1. The place of delivery of the Pigeon is, depending on the circumstances, (i) the residence or location of the pigeon fancier/supplier from whom Europigeons has purchased the Pigeon, the business address of Europigeons, as indicated here above, or, in appropriate cases, at the premises of the first carrier which is established in The Netherlands. As determined by Clause 2.1, the desired place of delivery will, at the latest, be communicated at the time of the offer by the Purchaser to Europigeons. In the event in which the place of delivery is the residence or location of the pigeon fancier/supplier, it is deemed that the Pigeon, or as the case may be, an individual pigeon which is the object of this purchase agreement, has been delivered by Europigeons to the Purchaser at the moment in which acknowledgement has been given of the delivery of the Pigeon, or of the pigeons, to the residence or location of the pigeon fancier/supplier. In the event in which the place of delivery is the business address of Europigeons, it is deemed that the Pigeon, or, as the case may be, an individual pigeon which is the object of this purchase agreement, has been delivered by Europigeons to the Purchaser at the moment in which acknowledgement has been given of the delivery of the Pigeon, or of the pigeons, to the business address of Europigeons, as indicated here above. In the event in which the place of delivery is the location of the first carrier in Netherlands, it is deemed that the Pigeon, or, as the case may be, an individual pigeon which is object of the purchase agreement, has been delivered by Europigeons to the Purchaser by means of the delivery of the same to the premises of the first carrier established in Netherlands.
7.2. Europigeons commits to deliver the Pigeon as determined here above, no later than six months following the completion of the auction period, without prejudice to Clause 7.4. In the event in which the Purchaser selects the premises of the first carrier in Netherlands as the place of delivery, and however, that through conditions over which Europigeons has no control (for example export prohibition), the Pigeon cannot be delivered to the premises of the first carrier prior to the expiry of the term of delivery, the place of delivery then becomes the residence or location of the pigeon fancier/supplier.
7.3. As seller, Europigeons is not responsible for the transportation of the Pigeon from the place of delivery, as determined here above, to a final address determined as the case may be by the Purchaser. Accordingly, Europigeons is in no case accountable for the transportation from the place of delivery as determined here above, even in the case in which Europigeons might have enabled any action to facilitate this transportation, and this even if Europigeons might have accepted an individual instruction from the Purchaser for this purpose.
7.4. In no case can Europigeons be obliged to deliver the Pigeon prior to receipt of the purchase price as determined in Clause 5.
Clause 8 - Disputes
Any lack of conformity must be notified within two months of its discovery to Europigeons by means of registered mail. Any lack of conformity that is not notified in a timely manner, can in no case lead to any liability on the part of Europigeons.
Clause 9 – Measures in the event of death or illness
The Purchaser also commits to immediately and no later than within 24 hours notify Europigeons (at the business address) in the event in which an illness of the Pigeon is determined upon arrival of the Pigeon at the Purchaser. In the event in which death is determined at the time of arrival of the Pigeon at the Purchaser, the Purchaser is required to report this to Europigeons (to the business address) following determination of the same.
The aforementioned notifications must be made through sales@Europigeons.nl and in the case of death, it is required that supporting photos of the death be attached. The aforementioned notifications, amongst other things, must allow, in the case in which Europigeons were to determine it to be necessary, that the necessary examinations be carried out by a qualified veterinarian and to make a statement on this.
Clause 10 – Exemption clause
Without prejudice to the statutory warranty obligations, Europigeons is not liable to the Purchaser for damages suffered by the Purchaser due to a minor fault of Europigeons and/or its employees or its agents.
Clause 11 –Force majeure and unforeseen circumstances
Europigeons is not responsible and cannot be held to the payment of any compensation to the Purchaser in the case of temporary or permanent lack of performance due to force majeure. Under the term force majeure, one is to understand all causes that lie beyond the control of Europigeons, such as among others (however not limited to): strikes, outbreak of bird flu or other illnesses, import or export prohibitions …
In the case of a situation of temporary force majeure that continues for over thirty calendar days, Europigeons then has the right to dissolve the purchase agreement, without being liable for any related compensation being owed to the Purchaser.
Clause 12 – Express termination clause
Europigeons has the right to unilaterally terminate the purchase agreement without prior recourse to court action against the Purchaser, in the event of a serious shortcoming of the Purchaser against one or more of its contractual obligations, insofar as the notice of default has not resulted in any remedy for a period of thirty calendar days (in the event in which more than one notice of default is sent, then this term is to be determined on the basis of the first notice of default). Europigeons reserves the right to claim additional damages from the Purchaser.
The non-payment of the complete purchase price as determined in Clause 5, within the therein referred to term, will in any case be considered to be a sufficient shortcoming of the Purchaser to entitle a unilateral, non-judicial termination by Europigeons of the purchase agreement and in which the corresponding notice of default has remained without remedy for a term of thirty calendar days.
Clause 13 - Proof
The contractual parties accept electronic evidence (amongst others by means of e-mail …)
Clause 14 - Severability
A contractual provision of the Conditions of Sale that is declared to be wholly or partially invalid or otherwise unenforceable (for example, because on the basis of the Law it is considered unwritten), is by operation of law deemed to be no longer a part of the Conditions of Sale, this without affecting the validity or the enforceability of the remaining provisions.
Clause 15 – Protection of privacy
Within the framework of the contractual relationship with the Purchaser, Europigeons will collect personal data of the Purchaser. This relates to the name, address, e-mail address, telephone number and purchase habits (hereinafter the “Personal Data”). The Purchaser hereby gives Europigeons their consent to the processing of the Personal Data and to share the same with third parties in conformity with the provisions of this Clause.
Europigeons will process the Personal Data in compliance with the provisions of the Law of December 8, 1992 relating to the protection of personal privacy as relates to the processing of the Personal Data.
Europigeons (having the business address as indicated here above) is the controller of the processing and will process the Personal Data for the following purposes: customer management and direct marketing, both by means of electronic as well as by normal mail (including the sending of newsletters and the invitation to events relating to pigeon sport).
Europigeons shall solely divulge the Personal Data to organizers of events relating to pigeon sport (with whom Europigeons has a contractual relationship), data which will be used to send out invitations for these events.
The Purchaser has the right to oppose themselves without expense against the further processing of the Personal Data for direct marketing, through the delivery of a dated and signed letter to Europigeons (to the address indicated here above or to the following e-mail address: sales@Europigeons.nl).
The Purchaser furthermore has the right to consultation and correction of their Personal Data. This right can be exercised by delivering a dated and signed letter to Europigeons (to the address indicated here above or to the following e-mail address: sales@Europigeons.nl
The purchase agreement between Europigeons and the Purchaser is governed by the Conditions of Sale. Prior general conditions and contrary terms and conditions of the Purchaser are not applicable under any circumstance.
Only the Conditions of Sale drafted in the Dutch language govern the purchase agreement between Europigeons and the Purchaser. Europigeons is not responsible for any translation errors or deviations contained in translated general conditions of sale and/or on the website. Furthermore the purchase agreement is governed by Dutch law.
Clause 17 - Jurisdiction
All disputes between the parties that result from or are related to the validity, the execution and/or interpretation, and/or the termination of the purchase agreement, including the Conditions of Sale, are submitted to the jurisdiction of the Dutch courts, in particular the courts of Rotterdam, which hold exclusive jurisdiction. Europigeons is entitled to expressly waive this jurisdiction clause in writing.