AGB
Last updated: 07-07-2026
ARTICLE 1. DEFINITIONS
Pet Pharma: the private limited liability company De Tester B.V., trading under the name Pet Pharma, the user of these general terms and conditions, established at Herengracht 178, 1016 BR Amsterdam, registered in the Trade Register under Chamber of Commerce number 83040153.
Customer: any natural or legal person who has entered into or intends to enter into an Agreement with Pet Pharma.
Consumer: a Customer who is a natural person and who is not acting for purposes related to their trade, business or profession.
Parties: Pet Pharma and the Customer collectively.
Agreement: any agreement between the Parties under which Pet Pharma is obligated to deliver Products to the Customer.
Distance Agreement: an Agreement concluded between Pet Pharma and a Consumer within the framework of an organized system for remote sales without the simultaneous physical presence of Pet Pharma and the Consumer. The Agreement is concluded using one or more means of remote communication up to and including the moment the Agreement is concluded, including but not limited to an Agreement concluded through Pet Pharma’s Shopify webshop.
Products: the goods that Pet Pharma sells and delivers to the Customer under an Agreement, including but not limited to diagnostic tests, rapid tests, self-tests, sample collection kits and pet health-related products for animals.
Pet Test: a Product intended to help detect, screen or indicate a certain condition, marker, pathogen, substance or health-related parameter in animals. Pet Tests are intended for use with animals and are not intended for human use.
In Writing: communication in writing, by email or any other form of communication that, given the state of technology and prevailing social standards, can be deemed equivalent to written communication.
ARTICLE 2. GENERAL PROVISIONS
These general terms and conditions apply to every offer made by Pet Pharma and to every Agreement where Pet Pharma has declared these general terms and conditions applicable, as well as to all resulting legal relationships between the Parties.
The applicability of any general terms and conditions of the Customer is expressly rejected.
Deviations from these general terms and conditions may only be made explicitly and In Writing. If and to the extent that what the Parties have explicitly and In Writing agreed upon deviates from the provisions of these general terms and conditions, the explicitly agreed provisions shall prevail.
The invalidity or annulment of one or more provisions of these general terms and conditions or the Agreement as a whole does not affect the validity of the remaining provisions. In such a case, the Parties are required to consult each other to establish a substitute arrangement for the affected provision, maintaining the original intent and scope as much as possible.
ARTICLE 3. OFFER AND FORMATION OF THE AGREEMENT
Every offer made by Pet Pharma is non-binding and subject to sufficient availability of the offered Products. If a Product is temporarily unavailable, Pet Pharma will inform the Customer as soon as possible. In such a case, the Customer has the option to wait until the Product becomes available. If the Customer does not respond or indicates that they do not wish to wait, Pet Pharma has the right to cancel the Agreement, in which case any payment already made by the Customer will be refunded within thirty days.
Obvious errors, mistakes and typographical errors in an offer from Pet Pharma are not binding on Pet Pharma.
Each Agreement is concluded, without prejudice to paragraph 1, at the moment the Customer accepts Pet Pharma’s offer in the manner specified by Pet Pharma. If the Customer’s acceptance deviates from Pet Pharma’s offer, the Agreement is not concluded in accordance with the deviating acceptance unless Pet Pharma states otherwise.
If the Agreement is concluded electronically through the Shopify webshop, Pet Pharma will confirm the formation of the Agreement by email as soon as possible, without prejudice to paragraph 1.
If Pet Pharma provides the Customer with a Written confirmation of an orally concluded Agreement, this confirmation shall be deemed to accurately and completely reflect the Agreement unless the Customer submits a Written, substantiated objection within two business days of receiving the confirmation.
ARTICLE 4. RIGHT OF WITHDRAWAL FOR DISTANCE AGREEMENTS
Subject to the provisions of the following paragraph, the Consumer may withdraw from a Distance Agreement within 14 days after the Products have been received by or on behalf of the Consumer, without providing any reason.
The Consumer has no right of withdrawal in the following cases:
a. The delivery of Products that are not suitable for return for reasons of health protection or hygiene and whose seal or direct packaging has been broken after delivery. Opened Pet Tests, diagnostic tests, sample collection kits and similar hygiene-sensitive Products cannot be returned.
b. Products that are clearly personalized or made according to the Consumer’s specifications.
c. Products that spoil quickly or have a limited shelf life, where applicable.
d. An Agreement for which the right of withdrawal is otherwise excluded or does not apply under applicable law. If such an exclusion applies to a Product, this will be stated clearly in the offer for the relevant Product.
The Consumer may withdraw from the Distance Agreement by submitting a request by email, by using the withdrawal form provided by Pet Pharma or by using any cancellation or withdrawal function made available through the webshop where applicable.
As soon as Pet Pharma is informed of the Consumer’s intention to withdraw from the Distance Agreement and the conditions of this article are met, Pet Pharma will confirm the withdrawal by email.
The Consumer must handle the Products and their packaging with care during the withdrawal period referred to in paragraph 1. The Consumer may only use and inspect the Products to the extent necessary to assess their nature and characteristics. The guiding principle is that the Consumer may handle and inspect the Products only as they would in a physical store.
If the Consumer exercises the right of withdrawal, they must return the Products to Pet Pharma in an undamaged state, including all accessories provided, and in the original condition and packaging.
The Consumer is liable for any depreciation in the value of returned Products resulting from handling that exceeds what is permitted under paragraph 4. Pet Pharma has the right to charge this depreciation to the Consumer, either by direct invoice or by deducting it from any refund due. If the depreciation is so significant that the Products can no longer be reasonably resold, the Consumer remains liable for the full purchase price.
The return of Products must take place within 14 days after the Consumer has exercised the right of withdrawal in accordance with paragraph 3.
If the Consumer exercises the right of withdrawal, the return shipping costs are borne by the Consumer, unless Pet Pharma has explicitly agreed otherwise.
Pet Pharma will refund any payment received from the Consumer, minus any depreciation where applicable, as soon as possible, but no later than 14 days after the withdrawal from the Distance Agreement, provided that Pet Pharma has received the Products back or the Consumer has provided evidence that the Products have indeed been returned.
If the withdrawal applies to the full order, Pet Pharma will also refund the standard delivery costs originally paid by the Consumer, where required by law. If the withdrawal only applies to part of the order, any shipping costs initially paid by the Consumer will not be refunded.
Refunds will be made using the same payment method that the Consumer used for the original purchase, unless the Consumer has agreed to another payment method.
ARTICLE 5. CANCELLATION BY THE CUSTOMER OTHER THAN UNDER ARTICLE 4
If the Customer cancels the Agreement after it has been concluded, other than under Article 4, the Customer remains liable for the full agreed price and any delivery costs already incurred, unless explicitly agreed otherwise In Writing.
ARTICLE 6. DELIVERY AND DELIVERY TERMS
Delivery of the Products takes place by shipment to the delivery address provided by the Customer.
Pet Pharma reserves the right to deliver orders consisting of multiple Products in separate shipments. In such cases, the withdrawal period for the Consumer under Article 4 does not begin until the final installment of the order has been received by or on behalf of the Consumer.
The risk of loss or damage to the Products passes to the Consumer at the moment the Products are received by or on behalf of the Consumer. For Customers who are not Consumers, the risk passes at the moment the Products are handed over to the carrier, unless explicitly agreed otherwise In Writing.
Pet Pharma aims to dispatch an order placed before 12:00 PM on a business day on the same day. For orders placed between Friday at 12:00 PM and Monday at 12:00 PM, Pet Pharma will endeavor to dispatch them on Monday.
If the Customer is a Consumer and no explicit delivery period has been agreed upon, Pet Pharma is legally required to deliver within 30 days of concluding the Agreement. If delivery cannot take place within this period, Pet Pharma will inform the Consumer as soon as possible.
If the Customer is not a Consumer and no explicit delivery term has been agreed upon, delivery must occur within a reasonable period. This period, as well as any expressly agreed delivery period, is an indicative, non-fatal term.
If Pet Pharma does not deliver within 30 days or the agreed delivery period, Pet Pharma is only in default if the Customer sends a Written notice of default, granting Pet Pharma a reasonable period to fulfill delivery, and Pet Pharma still fails to deliver within that period, unless the law explicitly provides otherwise for the benefit of the Consumer.
Default by Pet Pharma entitles the Customer to terminate only that part of the Agreement affected by the default, but never to claim substitute or additional compensation, unless the law explicitly provides otherwise for the benefit of the Consumer.
If Pet Pharma incurs additional costs due to a circumstance attributable to the Customer, such as an incorrect delivery address, refusal of delivery or multiple delivery attempts, these costs may be charged to the Customer.
ARTICLE 7. USE OF PET TESTS
The provisions of this article apply to Pet Tests supplied by Pet Pharma.
The Product includes instructions for use. The Customer or the person using the Product is responsible for carefully reading and following these instructions before using the Pet Test.
Pet Tests must only be used for the animal species, sample type and purpose stated in the product description, packaging and instructions for use.
The Customer is responsible for ensuring that the sample is collected, handled and applied correctly in accordance with the instructions provided with the Product.
Pet Tests are intended as screening or informational tools. They are not a substitute for veterinary advice, diagnosis or treatment.
If the result of a Pet Test is positive, unclear, unexpected or inconsistent with the animal’s symptoms, the Customer should consult a veterinarian. If the result is negative but symptoms persist, worsen or cause concern, consulting a veterinarian is also recommended.
Pet Pharma does not provide veterinary advice, diagnosis or treatment.
ARTICLE 8. SPECIAL PROVISIONS FOR PET TESTS
Pet Pharma strives to provide reliable and high-quality Products. However, the Customer acknowledges that no Pet Test can guarantee 100% accuracy, completeness or certainty of the results.
The reliability of test results depends on several factors, including:
a. The correct execution of the instructions by the person using the Product.
b. The quality and timing of the collected sample.
c. Correct storage and handling of the Product before use.
d. The health status, age, medication use or other animal-specific factors.
e. The nature of the test, which may provide only a snapshot at the moment of testing.
The provided test result is for informational purposes only and does not constitute veterinary advice, diagnosis or treatment.
Pet Pharma is not liable for any damage, direct or indirect, resulting from incorrect, incomplete or misinterpreted test results, nor for any consequential damages arising from decisions made by the Customer or any third party based on the test results, except to the extent such liability cannot be excluded under applicable law.
The Customer remains responsible for interpreting the result, monitoring the animal’s condition and deciding on any follow-up actions, including consulting a veterinarian.
Pet Pharma is not liable for deviating or incorrect results caused by improper use, incomplete sample collection, incorrect storage, use after the expiry date or external influences beyond Pet Pharma’s control.
Pet Pharma is not a veterinary clinic, veterinarian or healthcare provider. Pet Pharma supplies Pet Tests and pet health-related Products but does not provide personal veterinary advice, diagnosis or treatment. The Customer performs the Pet Test independently and remains responsible for any follow-up actions.
ARTICLE 9. INSPECTION, COMPLAINTS, WARRANTY AND CONFORMITY
Upon delivery, or immediately thereafter, the Customer must inspect whether the nature and quantity of the Products conform to the Agreement. If the Customer believes that the nature and/or quantity of the Products do not conform to the Agreement, they must notify Pet Pharma as soon as possible.
Complaints regarding defects that were not reasonably detectable at the time of delivery must be submitted In Writing to Pet Pharma within a reasonable period after the Customer becomes aware of the defect or should reasonably have become aware of it.
A Consumer can no longer claim that a delivered Product in a consumer purchase does not conform to the Agreement if they have not filed a complaint with Pet Pharma within two months of discovering the defect.
If the Customer fails to submit a timely complaint in accordance with the previous clauses, Pet Pharma is under no obligation to act upon such a complaint, unless the law explicitly provides otherwise for the benefit of the Consumer.
Even if the Customer submits a timely complaint, their obligation to make timely payment to Pet Pharma remains, unless the law explicitly states otherwise for the benefit of the Consumer.
Warranty on the Products applies only if explicitly agreed upon In Writing. The foregoing does not affect the legally binding rights and claims that Consumers may assert under consumer purchase laws, including the right to receive Products that conform to the Agreement.
Pet Pharma is not liable, whether under warranty, non-conformity or otherwise, for defects in the Products resulting from external causes after delivery or circumstances beyond the control of Pet Pharma or its supplier. This includes, but is not limited to, defects due to external damage, natural wear and tear, improper handling, incorrect storage, incorrect use, use after the expiry date, modifications to the Products or unauthorized repairs.
If a consumer purchase between the Customer, acting as a professional reseller, and a Consumer involves a Product that does not possess the properties that the Consumer could reasonably expect, and the Customer is not responsible for this defect, and the Consumer has exercised their legal rights against the Customer, then the Customer is entitled to compensation from Pet Pharma where and to the extent required by law.
This right to compensation does not apply if the defect relates to circumstances that the Customer knew or should have known about or if the defect arose after the Product was delivered to the Customer. Additionally, if the Product lacks a feature that the Customer claimed it possessed, the Customer’s claim for compensation is limited to what they could have claimed had they not made such a claim.
Defense costs against the Consumer will only be reimbursed if they were reasonably incurred. The Customer also has no right to compensation if they knew or should have known about the defect and/or assured the Consumer of its absence.
ARTICLE 10. FORCE MAJEURE
Pet Pharma is not obliged to fulfill any obligation under the Agreement if prevented by a circumstance that, under the law, a legal act or prevailing social norms, cannot be attributed to Pet Pharma.
In addition to statutory definitions, force majeure includes all external causes beyond Pet Pharma’s control that make execution of the Agreement impossible or unreasonably difficult, including epidemics, pandemics, fire, government measures, transportation restrictions, customs delays, war or war threats, violent or armed actions, supply chain disruptions, strikes, communication failures, equipment failures, payment provider disruptions, Shopify platform disruptions or failures by third parties engaged by Pet Pharma.
If and to the extent that the force majeure situation permanently prevents fulfillment of the Agreement, both Parties are entitled to immediately terminate the Agreement.
If Pet Pharma has already partially fulfilled its obligations at the onset of the force majeure situation or can only partially fulfill its obligations, Pet Pharma is entitled to charge separately for the already completed portion or the portion still to be completed, as if it were a standalone Agreement.
Damages resulting from force majeure are never eligible for compensation, without prejudice to the previous clause.
ARTICLE 11. SUSPENSION AND TERMINATION
Pet Pharma is entitled to suspend further execution of the Agreement if and as long as the Customer fails to meet any due payment obligations or other obligations arising from the Agreement, including these general terms and conditions.
Pet Pharma is entitled to terminate the Agreement immediately, in whole or in part, if the Customer fails to fulfill their obligations under the Agreement, whether fully or partially. If fulfillment is not permanently impossible, termination will only take effect after Pet Pharma has given the Customer Written notice of default, granting a reasonable period for fulfillment, and the Customer still fails to comply.
This does not apply if Pet Pharma has reasonable grounds to assume that the Customer will permanently fail to comply, in which case a notice of default is unnecessary.
The previous two clauses do not apply if the Customer’s failure is minor or insignificant, making suspension or termination unreasonable.
Unless the Customer has already fulfilled their payment obligations to Pet Pharma, Pet Pharma is entitled to immediately terminate the Agreement, in whole or in part, if the Customer is declared bankrupt, has their assets seized, applies for suspension of payment or otherwise loses free control over their assets.
Pet Pharma is also entitled to terminate the Agreement if circumstances arise that make fulfillment of the Agreement impossible or continued adherence to it unreasonable.
The Customer is never entitled to any compensation due to Pet Pharma exercising its right to suspend or terminate the Agreement, unless the law explicitly provides otherwise for the benefit of the Consumer.
If the circumstances leading to suspension or termination are attributable to the Customer, Pet Pharma is entitled to compensation for damages incurred.
If Pet Pharma terminates the Agreement under this article, any outstanding claims against the Customer become immediately due.
ARTICLE 12. PRICES, DELIVERY COSTS AND PAYMENTS
Delivery costs are additional and payable by the Customer unless explicitly agreed otherwise In Writing. Before a Distance Agreement is concluded with a Consumer, the total price, including any delivery costs, will be stated.
Prices in Pet Pharma’s offers are exclusive of VAT unless explicitly stated otherwise or unless the Customer is a Consumer, in which case the prices stated include VAT.
Payment must be made in a manner specified by Pet Pharma, at the moment or within the term specified by Pet Pharma. In case of advance payment, Pet Pharma is not obliged to deliver before the advance payment has been received.
Payments must be made without suspension or set-off, unless the law explicitly states otherwise for the benefit of the Consumer.
Pet Pharma is entitled to provide the Customer with the invoice exclusively by email or through the Shopify webshop.
If the Customer liquidates their business or transfers it to a third party, is declared bankrupt, applies for suspension of payment, has their assets seized or otherwise loses free control over their assets, all claims against the Customer become immediately due and payable.
If timely payment is not made, the Customer is automatically in default. From the day the Customer is in default, they owe interest of 2% per month on the outstanding amount, with part of a month being counted as a full month. If the Customer is a Consumer, the statutory interest rate applicable at the time of default shall apply.
All reasonable costs incurred to recover amounts due from the Customer, including judicial, extrajudicial and enforcement costs, shall be borne by the Customer, to the extent permitted by law.
ARTICLE 13. LIABILITY AND INDEMNIFICATION IN GENERAL
The Customer is responsible for damages resulting from inaccuracies or omissions in the information provided by them, any other failure to meet their contractual or legal obligations, or any other circumstance not attributable to Pet Pharma.
Pet Pharma is not liable for indirect damages, consequential damages, lost profits, missed savings, diminished goodwill, business interruptions, data loss or corruption, or any other form of damage beyond what is explicitly covered in the following clause.
The limitations of Pet Pharma’s liability stated in these general terms and conditions do not apply in cases where the damage is due to intent or deliberate recklessness by Pet Pharma or its executive employees.
Pet Pharma is only liable for direct damages that are demonstrably attributable to it. Direct damages are strictly defined as:
a. Reasonable costs incurred to determine the cause and extent of the damage, insofar as this determination relates to damages covered by these terms and conditions.
b. Reasonable costs necessary to ensure Pet Pharma’s performance meets the Agreement.
c. Reasonable costs incurred to prevent or limit damage, provided the Customer can demonstrate that these costs actually resulted in limiting direct damage as referred to in these terms and conditions.
If, despite the previous clauses, Pet Pharma is found liable, its liability is limited to either repairing or replacing the relevant Product. If repair or replacement is impossible or demonstrably futile, Pet Pharma’s liability is limited to an amount equal to the invoice value of the relevant Agreement, or the portion of the Agreement to which the liability applies.
In any case, Pet Pharma’s liability will never exceed the actual amount paid by its liability insurance, plus any applicable deductible, unless the law explicitly provides otherwise.
Without prejudice to the limitation periods stated in Article 9, all legal claims against Pet Pharma expire after one year. In deviation from the previous sentence, legal claims available to Consumers regarding the conformity of a consumer purchase expire after two years.
In consumer purchases, the limitations in this article do not extend beyond what is permitted under applicable consumer law.
The Customer indemnifies Pet Pharma against any claims by third parties that suffer damages related to the execution of the Agreement and where the cause is attributable to a party other than Pet Pharma. If Pet Pharma is sued by third parties, the Customer must fully indemnify and assist Pet Pharma both legally and extra-legally. If the Customer fails to take adequate measures, Pet Pharma is entitled, without notice of default, to take necessary action at the Customer’s expense.
ARTICLE 14. GENERAL COMPLAINT POLICY
Complaints submitted to Pet Pharma will be responded to within seven days of receipt. If a complaint requires a longer processing time, Pet Pharma will send an acknowledgment within seven days with an estimate of when a more detailed response can be expected.
Customers can submit complaints by contacting Pet Pharma at:
Email: [insert Pet Pharma email address]
Pet Pharma will make every reasonable effort to resolve complaints in mutual consultation.
If a Consumer’s complaint regarding a Distance Agreement cannot be resolved through mutual consultation, the Consumer may seek advice from a relevant consumer authority or submit the dispute to a competent court, unless another legally recognized dispute resolution body applies.
ARTICLE 15. RETENTION OF TITLE
All Products delivered by Pet Pharma remain its property until the Customer has fully met their payment obligations under the relevant Agreement.
The Customer is prohibited from selling, pledging or otherwise encumbering the Products subject to retention of title.
The Customer must store the Products subject to retention of title with due care and clearly mark them as Pet Pharma’s property where reasonably possible.
If third parties seize the Products subject to Pet Pharma’s retention of title, or seek to establish rights over them, the Customer must notify Pet Pharma immediately.
If the Customer violates this article, all outstanding payments to Pet Pharma become immediately due and payable.
The Customer unconditionally authorizes Pet Pharma or its representatives to enter any location where the retained Products are kept. The Customer must provide Pet Pharma with all necessary information to exercise its ownership rights. Any reasonable costs associated with exercising these rights shall be borne by the Customer.
If the Customer fulfills their payment obligations but later defaults on another Agreement, the retention of title revives regarding these Products.
ARTICLE 16. SAFETY MEASURES AND PRODUCT RECALLS
The Customer must fully cooperate with any safety warnings, safety checks and Product replacements initiated by Pet Pharma. The Customer must immediately comply with any Product recalls initiated by Pet Pharma, where reasonably expected.
Any damages or costs incurred by the Customer in connection with this article will be compensated by Pet Pharma up to a maximum of the original invoice value of the affected Products, unless the law explicitly provides otherwise.
The Customer’s lost revenue or profit is not eligible for compensation.
ARTICLE 17. CERTIFICATIONS, INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All rights, including intellectual property rights, related to the Products delivered by Pet Pharma belong exclusively to Pet Pharma, its suppliers or its licensors. Delivering Products to the Customer does not grant the Customer any rights regarding these properties.
Without prior written permission from Pet Pharma, the Customer may not copy, store, publish, reproduce or otherwise use any text, images, product information, product descriptions, labels, documents or other content from Pet Pharma’s website.
The Customer is not permitted to remove or alter any trademarks, trade names, CE markings, UKCA markings, patents, batch numbers, expiry dates, product codes, safety warnings or other rights or identification marks associated with the Products delivered by Pet Pharma, where applicable.
The Customer may not remove, obscure or render unreadable any identification marks applied to the Products.
ARTICLE 18. FINAL PROVISIONS
Dutch law exclusively governs every Agreement and all resulting legal relationships between the Parties.
The Parties must make every reasonable effort to settle disputes amicably before resorting to legal action.
The competent court in Amsterdam has exclusive jurisdiction over disputes, unless Pet Pharma chooses another competent court under the law.
A Consumer has the right to select the legally competent court within one month after Pet Pharma has announced its chosen court.
If these general terms and conditions are available in multiple languages, the Dutch version always prevails for interpretation.