Australian Shepherd

TERMS OF SALE / WARRANTY

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Art. 1 – Scope of the general terms and conditions

These terms of sale apply only when the buyer is a consumer (a natural person who has entered into this agreement for purposes not related to their professional activity).
They form an integral part of the agreement, to the exclusion of the buyer’s own terms and conditions.
Any deviation from these general terms must be expressly agreed upon in writing.

 

Art. 2 – Purpose of the animals

The animals sold are intended as companion animals.
If specific requirements are imposed on the animal, these must be communicated by the consumer prior to the conclusion of the agreement.
Acceptance of such specific requirements by the seller can only be evidenced by a separately concluded agreement.

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Art. 3 – Application of the statutory warranty

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3.1
The buyer may always rely on the provisions of Article 1649bis et seq. of the former Belgian Civil Code, which provide a statutory warranty for the purchase of animals.
This warranty entails that the seller is liable for defects that were already present at the time of delivery and that manifest themselves within a period of one year from delivery.
After this one-year period, the buyer may only rely on the general legal rules concerning hidden defects.

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3.2
The buyer must prove the existence of the defect.
Once the defect has been proven, it is presumed to have existed at the time of delivery.

This presumption is rebuttable:

• The seller may demonstrate that the defect was not present at the time of delivery or arose later.
  Diseases or defects caused by intent, negligence or improper handling by the buyer or a third party (e.g. unnecessary vaccination performed at an incorrect time by the buyer’s own veterinarian, or the initiation of antibiotic treatment for a viral infection) are not considered defects present at delivery and do not give rise to seller liability.
  Defects caused by improper nutrition or abnormal care or treatment by the buyer or a third party are likewise not considered defects present at delivery.
  In such cases, the seller is only liable if incorrect instructions were provided.

• The seller may also demonstrate that the presumption is incompatible with the nature of the defect, for example in the case of a disease with an incubation period shorter than the time elapsed since delivery.

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3.3
The buyer must notify the seller of the defect without delay, meaning immediately and without any postponement, as soon as the defect has manifested itself sufficiently clearly.
Notification must be made by telephone and may subsequently be confirmed by email.
The seller cannot be held liable for any aggravation of damage resulting from failure to comply with this obligation (e.g. costs of interventions that would not have been necessary with immediate medical treatment, or higher fees due to emergency treatment during weekends when the defect was already evident beforehand).

The buyer who wishes to invoke the statutory warranty must make the animal available to the seller or to a veterinarian designated by the seller (unless the animal has died).
Only where immediate intervention by another veterinarian is reasonably necessary for the health of the animal may the seller be required to reimburse costs incurred by that veterinarian.
Such reimbursement is limited to the costs the seller would reasonably have incurred themselves for the treatment of the animal and is capped at the amounts specified in Article 3.5, paragraph 2 of these terms.

The buyer must immediately inform the seller of the intervention by another veterinarian, demonstrate that such intervention was reasonably necessary, and provide supporting documentation upon request.
Costs incurred that were not necessary for the treatment of the animal (e.g. vaccinations) will not be reimbursed.

In principle, the following do not require immediate veterinary intervention: mild to moderate digestive issues, skin allergies, ear and eye infections not accompanied by severe pain, joint issues such as arthritis, weight issues and dental problems.
In such cases, the veterinarian designated by the seller must be contacted.
Conditions that may be considered urgent include heart failure, kidney failure and dehydration.

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3.4
If the seller is liable, the buyer may, under the statutory warranty, request either free repair (treatment) or free replacement of the animal, at the buyer’s choice.

The buyer may also opt for contract termination or an appropriate price reduction if:

• the seller has not completed repair or replacement within a reasonable time or without serious inconvenience, or it is clear from circumstances that this will not be done;

• a lack of conformity persists despite treatment by the veterinarian designated by the seller;

• the lack of conformity is so serious that immediate price reduction or termination is justified;

• the animal has died as a result of the lack of conformity;

• the cost of treatment exceeds the amount specified in Article 3.5, paragraph 2.

The seller may refuse repair if it is manifestly contrary to the health of the animal.

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3.5
If the buyer opts for repair, it shall be carried out free of charge.
This means that the seller bears the costs necessary for treatment, insofar as they do not exceed the limits specified below:

• 300% of the purchase price tranche up to €500

• 200% of the tranche between €500.01 and €1,500

• 100% of the tranche exceeding €1,500

These limits also apply where the buyer has used their own veterinarian under the conditions set out in Article 3.3, paragraph 2.

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3.6
In the event of the animal’s death due to a defect present at delivery, the seller shall reimburse the cost of an independent autopsy carried out by the buyer, insofar as necessary to establish the defect for which the seller is liable.
The buyer must notify the seller in advance of the intention to carry out an autopsy and of the identity of the independent expert.

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Art. 4 – Warranty certificate in accordance with Article 30 of the Royal Decree of 27 April 2007

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This warranty certificate supplements these general terms of sale.
It provides for free choice of veterinarian.
Attention is drawn to Article 3.3, paragraph 2, which stipulates that costs incurred by a veterinarian chosen by the buyer are reimbursed only if immediate intervention was reasonably necessary, and reimbursement is always limited to the amounts specified in Article 3.5, paragraph

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Art. 5 – Applicable law

This agreement is governed by Belgian law.

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Art. 6 – Dispute resolution

If the seller is liable, buyer and seller shall endeavour to reach an amicable settlement in accordance with statutory warranty provisions.

If no solution is reached, the buyer may contact the Consumer Ombudsman Service or the courts.

Recourse to the Consumer Ombudsman Service, recognised as an independent body, is free of charge for the buyer.