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Terms and Conditions

Table of contents:

Article 1 – Definitions
Article 2 – Identity of Sev's Kennel
Article 3 – Applicability
Article 4 – The offer

Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Consumers’ obligations in case of withdrawal
Article 8 – Consumers who exercise their right of withdrawal and the costs involved
Article 9 – Sev's Kennel's obligations in case of withdrawal
Article 10 – Precluding the right of withdrawal
Article 11 – The price
Article 12 – Compliance and warranty
Article 13 – Delivery and performance
Article 14 – Extended duration transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Applicable law and competent court
Article 18 – Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions the following terms have the following meanings:

  1. Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are delivered by Sev's Kennel or by a third party on the basis of a contract between that third party and Sev's Kennel; 

  2. Reflection period: the period within which the consumer can make use of his right of withdrawal;

  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;

  4. Day: calendar day;

  5. Digital content: data produced and delivered in digital form;

  6. Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;

  7. Durable medium: any tool - including e-mail - that enables the consumer or Sev's Kennel to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;

  8. Right of withdrawal: the option of the consumer to waive a distance contract within the withdrawal period;

  9. Distance contract: a contract concluded between Sev's Kennel and the consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;

  10. Sev's Kennel, the legal entity that offers products, (access to) digital content and/or remote services to consumers on its webshop www.sevskennel.com;

  11. Technique for distance communication: means that can be used to conclude a contract, without the consumer and Sev's Kennel having to come together in the same room at the same time.

Article 2 - Identity of Sev's Kennel

Sev's Kennel, registration number at the Alaska Department of Commerce, Community, and Economic Development is 2192483

  • Phone number: +1 725 264-7909

  • Availability: From Monday to Friday from 9a.m. to 5p.m.

  • E-mail address: sevskennel@gmail.com

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from Sev's Kennel and to every distance contract concluded between Sev's Kennel and the consumer.

  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. 

  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. 

  4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.

Article 4 - The offer

  1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.

  2. The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Sev's Kennel makes use of illustrations, these will be a true representation of the products and/or services being offered. Sev's Kennel is not bound by obvious errors or mistakes in the offer.

  3. Every offer contains information that makes clear to the consumer what rights and obligations are related to the acceptance of the offer.

  4. The offer contains the prices Sev's Kennel charges for their products, digital content and/or services. Sev's Kennel reserve the right to change their prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

Article 5 - The contract

    1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled. The consumer is responsible for reading the full item listing before making a commitment to buy the offer. The customer enters into a legally binding contract to purchase an item when they commit to buy an item and they complete the check-out payment process.

    2. If the contract is concluded electronically, Sev's Kennel will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, Sev's Kennel will take suitable security measures.

    3. Sev's Kennel may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives Sev's Kennel proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.

    4. Sev's Kennel will send to a consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
      a. the visiting address of the Sev's Kennel's premise;
      b. ​the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
      c. the information about guarantees and existing after-sales service;
      d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
      e. the requirements for termination of the contract, if the contract has a duration of more than one year or if it is indefinite; 
      f. if the consumer has a right of withdrawal, the model form for withdrawal.

Article 6 – Right of withdrawal

Upon delivery of products:

  1. The consumer has the right to dissolve a contract during a withdrawal period of 14 days. Sev's Kennel may ask the consumer for the reason for withdrawal.

  2. The withdrawal period referred to in paragraph 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or;
     

    1. if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product. Sev's Kennel may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.

    2. if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;

    3. with contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the last product.

Upon delivery of services and digital content that is not supplied on a tangible medium: 

  1. A consumer has the right to dissolve a contract, without giving reasons, for the supply of digital content that is not supplied on a tangible medium during a period of at least fourteen days. Sev's Kennel is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).

  2. The period stipulated in paragraph 3 commences on the day after the contract was concluded.

Extended withdrawal period for products, services and digital content that is not supplied on a tangible medium if information is not provided about the right of withdrawal:

  1. If Sev's Kennel did not provide the consumer with the statutorily obligatory information about the right of withdrawal or if the model form was not provided, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period based on the previous paragraphs of this article.

  2. If Sev's Kennel provided the consumer with the information referred to in the previous paragraph within twelve months of the commencing date of the original withdrawal period, the withdrawal period shall end 14 days after the day on which the consumer received the information.

Article 7 – Consumers’ obligations in case of withdrawal

  1. During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.

  2. The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in paragraph 1.

  3. The consumer is not liable for the product’s devaluation if Sev's Kennel did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.

Article 8 - Consumers who exercise their right of withdrawal and the costs involved

  1. A consumer who wants to exercise his right of withdrawal shall report this to Sev's Kennel, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.

  2. As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1, the consumer shall return the product, or hand it over to (a representative of) Sev's Kennel. This is not necessary if Sev's Kennel has offered to collect the product herself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.

  3. The consumer returns the product with all relevant accessories (including original receipt), if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by Sev's Kennel.

  4. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.

  5. The consumer bears the direct costs of returning the product. If Sev's Kennel has not declared that the consumer shall bear these costs or if Sev's Kennel indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods.

  6. The consumer shall bear no costs for the entire or partial supply of digital content that is not supplied on a tangible medium, if:
     

    1. prior to delivery, he/she did not explicitly agree to commencing fulfilment of the contract before the end of the period of withdrawal;

    2. he/she did not acknowledge having lost his/her right of withdrawal upon granting his/her permission; or; or

    3. Sev's Kennel neglected to confirm this statement made by the consumer.

  7. If a consumer exercises his right of withdrawal, all supplementary contracts are legally dissolved.

Article 9 - Sev's Kennel’s obligations in case of withdrawal

  1. If Sev's Kennel makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.

  2. Sev's Kennel reimburses the consumer immediately through a store credit, at the latest within 14 days after the day on which the consumer reported the withdrawal. Except in cases in which Sev's Kennel has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.

  3. If the consumer chose a more expensive method of delivery in preference to the cheapest standard delivery, Sev's Kennel does not have to refund the additional costs of the more expensive method.

Article 10 - Precluding the right of withdrawal

Sev's Kennel has the right to preclude the right of withdrawal for the following products and services, but only if Sev's Kennel stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:

  1. Products or services whose prices are subject to fluctuations on the financial market over which Sev's Kennel has no influence and which can occur within the period of withdrawal;

  2. Service agreements, after full performance of the service, but only if:

    1. the performance started with the explicit prior agreement of the consumer; and

    2. the consumer declared having lost his right or withdrawal as soon as Sev's Kennel had completed the contract in full;

  3. Products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person;

  4. Products subject to rapid decay or with a limited shelf-life;

  5. Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;

  6. Products that, due to their nature, have been irretrievably mixed with other products;

  7. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;

  8. The supply of digital content other than on a tangible medium, but only if:
    1. the performance started with the consumer’s explicit prior content; and
    2. the consumer declared that this implied his having lost his right of withdrawal.

Article 11 - The price

  1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in taxes. 

  2. Contrary to the previous paragraph, Sev's Kennel may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which Sev's Kennel has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.

  3. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.

  4. Price increases more than 3 months after the contract was concluded are only permitted if Sev's Kennel stipulated as much and:

    1. they are the result of statutory regulations or stipulations; or

    2. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

  1. Prices stated in offers of products or services include taxes.

Article 12 – Compliance and warranty

  1. Sev's Kennel guarantees that the products (with or without digital content) and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. Furthermore, Sev's Kennel shall deliver the products with all accessories, such as packaging and (installation) instructions, which the consumer may reasonably expect. The consumer may assume that the product has the properties that are necessary for its normal use and whose presence the consumer does not have to doubt.

  2. An extra guarantee arrangement offered by Sev's Kennel, manufacturer or importer can never affect the statutory rights and claims that a consumer can enforce against Sev's Kennel on the grounds of the contract if Sev's Kennel failed to fulfil his part in the contract.

  3. An extra guarantee is defined as every commitment of a trader, her supplier, importer or manufacturer that grants a consumer rights or claims, in excess of those provided by law, for the event that she fails to fulfil her part in the contract.

  4. Sev's Kennel is obliged to provide the consumer with (security) updates if the consumer has purchased a product with digital content for the period of time the consumer can reasonably expect given the nature and purpose of the product. If the consumer fails to install the updates within a reasonable period of time, or fails to install them properly, while Sev's Kennel has provided clear instructions and Sev's Kennel has informed the consumer of the existence of the update and the consequences of not installing it, Sev's Kennel shall not be liable for the resulting possible conformity defect.

  5. There is no non-conformity if the consumer is expressly informed by Sev's Kennel at the conclusion of the contract that a specific feature of the product is missing and the consumer has expressly and separately accepted that deviation at the conclusion of the contract. 

  6. If the product has a serious defect, the consumer has the right to cancel the contract immediately or to reduce the price, without offering Sev's Kennel a repair or replacement option. A defect is only considered to be serious if the defect seriously affects the consumer's freedom to make normal use of the product and that the consumer cannot be expected to have confidence that Sev's Kennel's repair or replacement can remedy the conformity defect.

Article 13 - Delivery and performance

  1. Sev's Kennel will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

  2. The place of delivery is deemed to be the address that the consumer makes known to Sev's Kennel. 

  3. Sev's Kennel always tries to deliver all products and services within the agreed time, however, it may be possible in a few cases that the delivery is delayed due to circumstances.

  4. Taking into consideration that which is stated in article 4 of these general terms and conditions, Sev's Kennel will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge.

  5. Following dissolution in accordance with the previous paragraph, Sev's Kennel will immediately refund the amount that the consumer has paid when an item cannot be delivered. 

  6. The risk of damage and/or loss of products rests with Sev's Kennel up to the moment of delivery to the consumer or a representative designated by the consumer and announced to Sev's Kennel, unless expressly agreed otherwise.

Article 14 – Extended duration transactions: duration, termination and renewal

Termination: 

  1. The consumer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a notice period of one month.

  2. The consumer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a notice period of one month.

  3. With respect to contracts as described in the first two paragraphs, the consumer can:
    1. terminate them at all times and not be limited to termination at a specific time or during a specific period;
    2. terminate them in the same way as that in which they were concluded;
    3. always terminate them subject to the same period of notice as that stipulated for Sev's Kennel.

Renewal:

  1. A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be automatically prolonged or renewed for a fixed period of time.

  2. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be automatically renewed for a fixed term that does not exceed three months, if the consumer is at liberty to terminate this renewed contract towards the end of the renewal, with a notice period of one month.

  3. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically renewed for an indefinite period of time if the consumer has at all times the right to terminate, with a notice period of one month, and, in the case of a contract to supply daily or weekly newspapers or magazines regularly but less than once per month, a period that does not exceed three months.

  4. A fixed term contract for the regular supply of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be automatically renewed and will automatically terminate at the end of the trial period or introductory period.

    Duration:

    1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable.

Article 15 - Payment

  1. Unless otherwise stipulated in the contract or additional conditions, sums payable by the consumer should be paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period, within 14 days after the conclusion of the contract. In the case of a service contract, this 14-day period starts on the day after the consumer received confirmation of the contract.

  2. When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.

  3. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to Sev's Kennel.

  4. If a consumer fails to fulfil his payment obligation(s) in good time, after Sev's Kennel has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and Sev's Kennel has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to $2,500; 10% over the next $2,500; and 5% over the next $5,000, with a minimum of $40. Sev's Kennel can make departures from these sums and percentages that are favorable to the consumer.

Article 16 - Complaints procedure

  1. Sev's Kennel has a sufficiently publicized complaints procedure in place and handles the complaint in accordance with this complaints procedure.

  2. Complaints about the performance of the contract must be submitted fully and clearly described to Sev's Kennel within a reasonable time after the consumer has discovered the defects.

  3. Complaints submitted to Sev's Kennel will be answered within a period of 14 days from the date of receipt. The consumer will receive a substantive response from Sev's Kennel. If it is anticipated that a complaint will require a longer processing time, then Sev's Kennel will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.

  4. The consumer should give Sev's Kennel a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subject to the disputes settlement scheme.

Article 17 – Applicable law and competent court

  1. Contracts entered into between Sev's Kennel and a consumer and which are subject to these general terms and conditions are subject to US law.

  2. All disputes arising from or related to the contract between Sev's Kennel and the consumer that cannot be settled amicably incur immediate business litigation and settled through the District Small Claims Court of Alaska.

Article 18 - Additional or deviating provisions

Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.

Annex I: Model withdrawal form


Model withdrawal form (this form should only be completed and returned if you want to withdraw from the contract)

  1. To:
    Sev's Kennel
    sevskennel@gmail.com

I/we* herewith inform you that, in respect of our contract regarding

The sale of the following products: [description of the product}*

The delivery of the following digital content: [description of the digital content]*

The supply of the following service: [description of the service]*

I/we* exercise our right of withdrawal.

 

Ordered on*/received on*

[date of ordering services or receiving goods]

[Consumer(s)’ name]

[Consumer(s)’ address]

[Consumer(s)’ signature] (only if this form is submitted on paper)

 

*Delete or provide supplementary information, as applicable.

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