Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Breeder: Patty Bakker, with business at (5691ND) Son en Breugel, Kanaalstraat 44;

Customer: Fokker's counterparty to the Agreement to which these General Terms and Conditions apply.

Agreement: the total of the contractual agreements between Fokker and the Customer;

Terms and Conditions: the present General Terms and Conditions of the Breeder.

Article 2 - Applicability 

1. These General Terms and Conditions apply to the content, conclusion and fulfillment of all Agreements concluded with Fokker and replace any previously applicable and/or registered General Terms and Conditions. Agreements deviating from these General Terms and Conditions are only valid insofar as they have been confirmed by the Fokker in writing (or by e-mail).
2. With due observance of the foregoing, the applicability of any General Terms and Conditions used by the Client is expressly excluded.
3. In any case, these terms and conditions apply at all times in addition to what the parties have agreed upon.
4. Situations that are not regulated in these General Terms and Conditions must be assessed 'in the spirit' of these General Terms and Conditions, the core of which is laid down in Article 3.
5. Uncertainties about the interpretation or content of one or more provisions of these terms and conditions must be explained 'in the spirit' of these General Terms and Conditions, the core of which is laid down in article 3.

Article 3 - The special subject of the Agreement: livestock

The subject of the Agreement to which these General Terms and Conditions apply will usually include the purchase and sale of livestock, more specifically: dogs. Despite the equating of the legal rules of affairs for animals, the Customer must be aware of the fact that livestock can be a particularly vulnerable subject for sale and that matters such as heredity, character and chance can have a very variable influence on the identity and welfare of an animal. It is very difficult to predict whether the animal meets what the Customer expects of it and that of course not only has to do with the characteristics of the animal, but also with those of the Customer as his / her future owner. Furthermore, it is by definition almost impossible to cherish a set of objective expectations with regard to the animal. When entering into the Agreement, the Client therefore accepts that the rules of conformity require a different explanation and approach in the context of the purchase of livestock than with the purchase of a non-livestock item. Furthermore, the Customer accepts that the Fokker - on the basis of the above facts and on

based on the fact that the Breeder is very intensely involved in the breeding of the dogs – can and may make decisions in a sometimes (apparently) subjective way that may conflict with what is customary when settling purchase Agreements. The Fokker stipulates a large degree of freedom in this regard. This is set out in more detail in the Sales Agreement and these General Terms and Conditions, but where not specifically stated, agreements in the spirit of this provision must be interpreted and implemented.

Article 4 - The offer

1. The offer is without obligation. The Fokker is entitled to change and adjust the offer.
2. All images, specifications and other information stated in the offer are only an indication and cannot give rise to compensation or dissolution of the Agreement.
3. The offer to buy a dog is only formed by the dry fact that a dog from the next litter is delivered, if the potential Customer is willing to conform to all agreements in the sales agreement and these General Terms and Conditions. Fokker emphasizes the fact that the acceptance of the offer can only mean the acceptance of the possibility to buy a dog. The Customer cannot claim any specific dog, color, sex, or other characteristics of the desired dog.

The Breeder chooses the dog for the Client and does so on the basis of experience and feeling. No negotiation is possible about the outcome of that choice.

Article 5 - The Agreement

1. The Agreement is concluded at the moment of acceptance by the Customer of the offer and the fulfillment of the associated conditions, including making a down payment to be determined by the Fokker.
2. The Agreement can be dissolved by the Breeder at any time up to the delivery of the dog, for reasons of the Breeder's own, without being liable for compensation to the Customer. If the reason for the dissolution is unmistakably the Customer's fault or omission, then the Breeder is not obliged to return the deposit to the Customer. If the reason for dissolution is not objectively related to the Customer, then the Customer is entitled to a return of the deposit in the event of dissolution.

Article 6 - Delivery

1. Delivery times communicated by the Fokker are only approximate and are never strict deadlines.
2. Delivery takes place – unless expressly agreed otherwise – eight weeks after the dog's birth. Fokker may, for reasons of its own, deviate from this and communicate a different delivery date to the Customer.
3. Delivery takes place by collection by the Customer of the dog from the Breeder. The Customer must be present in person at the time of delivery

4. Failure by the Customer to comply with the conditions set out in this article entitles the Fokker to dissolution without being liable for compensation and without being obliged to return the deposit.

Article 7 - The price

Unless otherwise agreed, the prices quoted or agreed include VAT, but exclude any other duties or taxes to be levied by the government, or costs to be incurred by Fokker to be agreed upon by the parties.

Article 8 - Customer's duty of care

1. The Customer declares that he will take good care of the dog and that he will follow the breeder's (education) advice as much as possible.
2. The Customer undertakes to offer the dog space and rest in his/her new environment for the first two months, so that the puppy gets used to its new owners and home.
3. The Customer undertakes to have the dog sterilized/neutered at his own expense after 1.5 years (one and a half years), or sooner or later if this is in the interest of the dog on the advice of a recognized veterinarian.
4. The Customer guarantees that he will keep the dog in a clean and pleasant environment. That means at least not caged and sufficiently provided with quality food such as eg Darf and Carnibest, or a comparable natural product including daily fresh clean water, good health care and companionship.
5. The Customer shall refrain from abuse and neglect in the broadest sense of the term. Neglect or abuse is in any case understood to mean:

- Keeping the dog in a cage for more than 48 hours

- Structural insufficient provision of good nutrition

- Not bringing the dog to the care of a qualified veterinarian in case of objectively observable bad health of the dog.

- Poor care of the dog, which means that the condition of the animal deteriorates or may deteriorate due to, for example, not taking care of the coat or with insufficient regularity, which causes tangles, taking no or insufficient measures against internal and/or external parasites such as ticks, lice, flea, fungus and helminth infestations;

- The Customer undertakes to protect the dog against distemper by means of vaccinations. However, it is strongly recommended to take a titer before inoculation to determine the amount of antibodies and whether or not to vaccinate on the basis of this result. Because vaccinations can harm the dog, it is also recommended not to give multiple vaccinations at the same time in order to limit any damage as much as possible.

The same applies to deworming and the use of flea and tick anti-aging agents. In NO case will an oral agent such as Bravecto or Nexgard be chosen. When decided by buyer.

If an oral remedy is given, all guarantees/possibilities for compensation/recovery of the purchase amount will lapse.

All resources should be given separately from each other.

6. In the event that the Customer decides that he no longer wishes to keep the dog in his possession, the Customer is obliged to return the dog to Fokker, or in any case to offer the dog to Fokker first.

Article 9 - Conformity and Warranty

1. During the nesting period, the dog is medically examined by a recognized veterinarian and the dog receives a health certificate, which statement is also stated in the European passport of the dog. The dog is microchipped and vaccinated according to legal regulations and is also dewormed three times. During the nesting period, the dog receives professional care and receives high-quality food. The Breeder guarantees the mental and physical condition of the dog to the best of his ability. The Customer must realize that the subject of the purchase agreement concerns “livestock”. This means that despite the high quality of care and honest breeding by the Breeder, there is always a risk of the need to incur medical costs. The Breeder therefore advises the Client to take out health insurance with regard to the dog.
2. An appeal to non-conformity can only succeed on medical grounds to be determined objectively by a recognized veterinarian, as included or described in this article. The Breeder is entitled to subject the doctor's opinion to a second opinion from a recognized veterinarian. The judgment of the latter doctor is leading in this regard. An appeal to non-conformity on the basis of an aesthetic characteristic can only succeed if that characteristic has been specifically agreed between the parties in the sales agreement, unless the Breeder cannot be blamed for the absence of that characteristic.
3. If, on the basis of a veterinary examination carried out within ten days of delivery of the dog, it is established that the dog suffers from a disease, defect or abnormality that already existed or can be traced to a disease, defect or abnormality that was already present when of the purchase agreement, as a result of which the dog is permanently unsuitable for normal use as a pet, then the Customer has the right to dissolve the Agreement, provided that he immediately informs the Breeder of the wish to do so in writing, in any case within eight days after discovery. in the absence of which the Customer's rights in this regard will lapse.
4. If a (hereditary) defect manifests itself in the dog or a (hereditary) defect is demonstrated by veterinary examination before the dog has reached the age of 24 months, which defect is not caused by:

- acting in violation of the provisions of Article 8 of these General Terms and Conditions (such as, for example, castration in violation of the provisions of Article 8, paragraph 3),

- acting intentionally or acting that should be regarded as reckless or grossly negligent,

- wrong nutrition, wrong physical and/or mental education or an accident, and the defect could not be discovered during a veterinary examination shortly after the purchase (as referred to above in Article 9.3) and the defect makes the dog permanently unsuitable for normal use as a pet the Customer has the right to dissolve the Agreement.

Notification of the defect and the wish to proceed with dissolution must be made known in writing to the Fokker within 4 weeks after determination thereof, failing which the Client's rights in this regard will lapse.

5. If the Client claims dissolution of the Agreement, the Breeder is obliged to take back the dog against reimbursement of the purchase price, less any costs paid by the Breeder for veterinary examination/treatment.
6. The warranty provisions of this article do not apply in the event of acting contrary to the provisions of article 8 of these General Terms and Conditions.
7. The official pedigree data and medical data can be viewed at the Breeder at the request of the Client.

Article 10 - Payment

1. Payment of the agreed amount must be received into the account of the Fokker 24 hours before the agreed day of delivery, or must be handed over in cash on delivery, unless a different payment agreement has been expressly made in writing.
2. Failure to comply with the requirements set out in paragraph 1 entitles the Fokker to dissolve the Agreement without further notice of default and without being liable for compensation, without being obliged to repay the deposit.

Article 11 - Costs

All possible costs, including collection, bailiff's and lawyer's costs, both judicial and extrajudicial, are included, which are incurred by Fokker in order to effect compliance with the obligations of the Customer, are for the account of the Customer. The extrajudicial costs amount to 15% of the claim, with a minimum of € 150.00, for which no proof needs to be provided, without prejudice to Fokker's right to compliance and further compensation for the damage. The costs are due from the moment the claim is handed over, regardless of whether the Customer is aware of this. In the event that a payment term is exceeded and the Customer is sent a reminder by Fokker, Fokker is entitled to charge € 10.00 administration costs.

Article 12 - Disputes

All disputes between the parties, including those regarded as such by only one of the parties, will be settled by the competent court of the Fokker's place of business, without prejudice to the Fokker's right to choose the court competent by law or by convention. .

Article 13 - Legal force

These General Terms and Conditions will remain in force in the event that the Fokker's company changes its name, legal form or owner in whole or in part.

Article 14 - Applicable law

1. Dutch law applies to all Agreements to which these terms and conditions apply.
2. In any event, the parties agree that the location of the Fokker's place of business shall apply as the place of performance of all obligations arising from these terms and conditions and the Agreements to which the terms and conditions apply.
3. The titles of the individual articles of these conditions are only intended as an aid and have no meaning for the interpretation of those articles.

Article 15 - Conversion

If any stipulation referred to in these terms and conditions and applicable to the Fokker is declared null and void, this stipulation will be replaced by a valid stipulation that corresponds as much as possible to the same purport. The validity of the other provisions of these terms and conditions remains unchanged.