These General Terms and Conditions, – hereinafter: GTC lay down the rights and obligations of the Seller and the Buyer. Current GTC can be downloaded from the Seller’s website (www.newdoggy.com) by clicking on this link: GTC
The General Terms and Conditions represent the entire agreement between the Seller and Buyer and are written in English language.
Name: NewDoggy.com (registered as Günz Kft.)
Address: H-1149 Budapest, Turán tér 6.
Company registration number: 01-09-712885
Tax identification number: HU12977440-2-42
Phone: +36 70 372 3300
Email address: [email protected]
Data protection registration number: NAIH-89338/2015.
THE ADVERTISED DOGS ON THE WEBSITE
The Seller sells live dogs through its webshop that is operated on its website: www.newdoggy.com.
The advertised dogs may only be purchased through the webshop and online. The Seller reserves the right to withdraw a dog on sale at any time without any prior notice.
The Seller takes liability for the origin of the photos of every dog on sale at its website: www.newdoggy.com.
If a dog on the website is advertised with a FCI pedigree, it is the Seller’s responsibility to provide it for the Buyer free of charge.
If the Buyer orders and pays an extra charge for an Export Pedigree, it is the Seller’s responsibility to provide it for the Buyer. Export Pedigree is needed in case the Buyer plans to participate in dog shows or intends to breed. It is necessary to transfer the original pedigree registration (FCI pedigree) of the dog to the kennel club in the Buyer’s country. The Buyer has to present the Export Pedigree to his or her kennel club to obtain a local registration.
The Seller should provide the applicable pedigrees between 2 and 6 months after the purchase but shall not be liable for any delays due to the national Kennel Clubs in Europe. In case of delays the Seller has to inform the Buyer immediately.
All purchases at www.newdoggy.com take place in a safe environment using the latest SSL (Secure Sockets Layer) encryption technology and a secure server. SSL is a function that encrypts all information between the Buyer and the Seller.
In the first step of the order process the Buyer selects his or her desired dog, he or she intends to buy by clicking on the “Meet Me” button on the dog’s profile page.
In the next step the Buyer chooses the most suitable Shipping Method: Air transport or Road transport and selects the desired destination (Destination airport or Destination country). The Shipping Price depends on the destination but it is free in case of Road transport to 7 countries: Austria, Slovenia, Croatia, Serbia, Hungary, Slovakia and Czech Republic.
In the followning step the Buyer may choose Extra Services such as Export Pedigree or Socialization Training for an extra charge.
As the Seller’s website is continuously visited by future dog owners it is firmly advised that the Buyer reserves his or her desired dog and makes sure no one else does it before him or her. The Buyer can complete the reservation by secure online payment of USD 800 Deposit. This deposit will be deducted from the Final Price. As soon as a Reservation is confirmed, the dog is booked for the Buyer and no one else can do it as the Seller won’t accept further reservations.
Last the Final Price is calculated that contains the Purchase Price of the dog, the Shipping Price if any and extra charges for additional services (Export Pedigree or Socialization Training).
After clicking on the Reserve Now button the Buyer lands on the Checkout page and may continue the order process by providing his or her Billing Details:
- First Name,
- Last Name,
- Email address,
- Phone number,
In the next step but still on this page the Buyer will be asked to pay a Reservation Fee/Deposit to reserve his or her desired dog. This Reservation Fee/Deposit equals to USD 800 and will be deducted from the Final Price.
Before making a payment the Buyer can check his or her order on the Checkout page once again as the final order details are summed up: the name and the purchase price of the dog, the shipping method, destination airport or destination country and shipping price, VAT if any, Final Price, Deposit and the Remaining Balance are listed in this section.
Here, the Buyer has the opportunity to change the Shipping Method or the Extra Services by clicking on the “Change Shipping & Extras” button and will be redirected to the dog’s profile page and he or she may restart the ordering process.
After checking the order details and the Buyer finds them in order, he or she may select the Payment Methods. The followning payment methods are accepted: PayPal or Bank Transfer. The Buyer may also pay with his or her Credit Card using PayPal where all major credit and debit cards are accepted and no PayPal Account is needed.
In the last step of the order process the Buyer shall accept by selecting the appropriate check box these General Terms and Conditions.
In case of choosing PayPal as Payment Method, by clicking on the “Proceed to PayPal” button the Buyer is redirected to the proprietary payment website of PayPal to process payment. If the Buyer has a PayPal account, he or she can pay by logging into his or her account. Without PayPal account the Buyer can pay with his or her debit or credit card providing his Card details, Billing address and Contact information to PayPal. At the bottom of this page the Buyer should click on the “Pay Now” button and finishes the payment process. With this the Buyer will land on the order confirmation page (“THANK YOU FOR YOUR ORDER” page) that specifies his or her order with Order Number, Date of Order, Payment Method, Order Details, Customer Details and Billing Address. After receiving the Deposit (USD 800), the Seller sends an order acknowledgement email to the Buyer.
In case of choosing Bank Transfer as Payment Method by clicking on the “Complete Purchase” button the Buyer lands on the order confirmation page (“THANK YOU FOR YOUR ORDER” page) that specifies his or her order with Order Number, Date of Order, Payment Method, Order Details, Customer Details, Billing Address and the Seller’s Bank Details to proceed payment. The Buyer should know that his or her order is kept on-hold until the Seller receives and confirms the Deposit (USD 800) payment. The Buyer should also remember that the majority of international bank transfers will reach the Seller’s account within 3-5 working days.
After receiving the Deposit (USD 800) the Seller reserves the ordered dog for the Buyer and changes the position of the sold dog to “Already found a new home” to prevent other Viewers of the website to reserve the same dog.
After receiving the Deposit (USD 800) the Seller also sends an order acknowledgement email to the Buyer. This is to advise that the Seller has received the order request. It is at this point that the Seller accepts the order and contract is formed. The contract concluded this way in English language between the Seller and the Buyer and it shall be considered a written agreement. The Seller has to keep the contract for two years after its conclusion.
The date of payment is the day when the Deposit (USD 800) is credited on the Seller’s bank account.
The Seller shall confirm the receipt of the payment that is paid by the Buyer within 24 hours from the time of its credit on the Seller’s account. The confirmation shall be sent to the Buyer’s email address.
If the Buyer provides wrong or inaccurate data during the order process, the Seller shall not be liable for any delays or failures in the reservation or delivery of the ordered dog or for other problems or errors.
The Seller processes every order during the opening hours of its office. The opening hours are on weekdays, from Monday to Friday and from 8 AM to 7 PM CET (Central European Time).
Orders that are submitted after the opening hours will be processed the followning working day.
The Seller will reserve the ordered dog selected by the Buyer at the Breeder immediately after receiving an order.
If the Breeder sold the dog to someone else and did not inform the Seller, the full amount paid by the Buyer at the time of the order will be refunded in full or the Buyer may select another dog. In this case the earlier paid money will be deducted from the purchase price of the newly chosen dog.
In the followning step the Seller collects the reserved dog from the Breeder and the Seller’s certified veterinarian checks the dog once again if he or she is healthy.
If the complete vet examination confirms that the dog is healthy, the Seller’s finishes the preparation of the dog’s delivery and checks all the details with the Buyer concerning delivery destination or address, phone numbers or pick up person and pick up time. The Seller should inform the Buyer that dog has departed on the day of the departure.
It is the Seller’s responsibility to keep the Buyer informed about the progress of the accomplishment of the order.
Although the Seller continuously checks the travel regulations, it is the Seller’s responsibility to check if there are any legal obstacles for the dog to travel to the Buyer’s country.
The dog’s delivery shall be considered fulfilled if he or she is delivered to the destination airport or address provided by the Buyer.
If the Buyer chooses air transport, he or she should be available by phone on the day of the flight. If the Buyer’s community has more than one airport, he or she should know which one the dog is going to. The Buyer cannot send someone else at the last minute to the airport, as the airline will only release the dog to the person named on the booking form. The Buyer should bring government-issued photo ID (e.g. driving license or passport) when picking up his or her dog and pay for any additional costs if any. Flights sometimes arrive early so the Buyer should get to the airport in time.
It is the Seller’s responsibility to arrange delivery for the earliest possible date approved by the Buyer.
If the Buyer asks the Seller to delay the agreed delivery time and the Seller has to recalculate the Shipping Price, the Buyer has to pay the difference that may arise. If the Buyer postpones the delivery, he or she has to pay the additional charges of boarding, that is USD 25,- per day.
The Seller reserves the right to cancel any confirmed orders should there be an issue with the availability of the dog or payment details or a pricing description error. In this case the Seller will refund the Buyer’s full payment within 10 days from the date of informing the Buyer about the rejection.
TERMS OF PAYMENT
All Purchase Prices of the advertised dogs on the website are USD based.
All Shipping Prices on the website are USD based and provided by our contract partner, Hellmann Worldwide Logistics.
All Prices for additional services (Export pedigree, Socialization training) are USD based.
To reserve a dog at www.newdoggy.com, the Buyer will be asked to pay a non-refundable reservation fee that equals to USD 800. This Deposit will be deducted from the Final Price. As the Deposit in non-refundable, the Buyer should make sure he or she is ready, sure, confident and has enough information to buy a dog before paying a Deposit. However, the Deposit will be returned if the Buyer cancels the reserved dog within 48 hours after the reservation. The 48 hours period is calculated from the time (hh:mm) of the order confirmation email sent by NewDoggy.com. In this case the Seller will refund the Deposit within 10 days but related payments and bank fees will be deducted. After 48 hours sale has ended and shall remain subject only to these General Terms and Conditions.
Before shipping any ordered dog, the Buyer will be asked to complete full payment 14 days before the planned delivery time the latest. The Seller will contact the Buyer in time by email and he or she will be asked to pay the Remaining Balance of the Final Price.
The Seller accepts the followning payment methods: PayPal or Bank Transfer. The Buyer may also pay with his or her Credit Card using PayPal where all major credit and debit cards are accepted and no PayPal Account is needed.
The Seller uses PayPal, the world’s largest online payment system to provide safe and secure online transactions worldwide.
If the Buyer does not prefer to pay with PayPal or Credit Card via PayPal, he or she may choose Bank Transfer as payment method. The Buyer should remember that the majority of bank transfers will reach the Seller’s account within 3-5 working days and he or she should allow the Seller some time to process the payment and to issue the payment confirmation and the receipt. The Buyer should ensure that the Order number and his or her name are quoted as a reference on all payments. The Buyer should transfer enough money to cover all banks’ service fee that will ensure that the Seller receives full payment. The Buyer should transfer the full amount of the Final price in one payment and should not divide it into more than one transfer. The Buyer should keep his or her bank remittance slip for future reference. Finally the Buyer should not transfer payment in currencies other than USD.
In case of non-payment the Seller will cancel the order and is entitled to withdraw from the contract and the Buyer will lose the non-refundable Deposit (USD 800,-).
Customs Duty and/or VAT (Value Added Tax)
As soon as someone buys a product, service or in this case a dog from abroad, then effectively he or she becomes an importer and may become liable to e. g. Customs Duty and/or VAT (Value Added Tax) payments. The Buyer should note that Customs Duty and VAT is likely to be paid on top of the Purchase Price.
As a private individual shopping in the European Union (EU) via our website (www.newdoggy.com), the Buyer should only pay VAT once, in the country where he or she makes his/her purchase. In this case this is Hungary where the current VAT rate is 27%. The country of the European Unions (EU) are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
If the Buyer is a company registered in the European Union and has valid European VAT number, and resides in a different country than the origin of the dog, the dog will be invoiced without VAT. The Buyer needs to indicate it in his or her order.
During the import procedure Buyer may submit the Customs Declaration which document provides information to the Customs Authority about the goods, in this case about his or her dog that he or she is importing. Forwarder companies may offer to make the declaration on the Buyer’s behalf, but there is normally a charge for this service (customs clearance fee).
Finally Customs Clearance which is the documented permission to pass that the national Customs Authority grants to the imported dog so that he or she can enter the country. The customs clearance is typically given to the Forwarder companies to prove that all applicable customs duties have been paid and the imported dog has been approved.
In case of further questions national Customs Authorities and Tax administrations have the competence in this matter or the Seller will assist the Buyer.
If the Buyer has placed an order, he or she has committed to purchase that dog.
Purchase Prices of the advertised dogs on the website are subject to change without notice but changes will not affect orders that have already been accepted and confirmed.
The Seller reserves the right to cancel an order if there should be an issue with pricing description errors.
The Seller reserves the right to refund the deposit if he learns of any reason why the Buyer might not be suitable for the reserved dog. (I.e. Buyer is representative of a Pet Store.)
The Purchase Price does not include any shipping costs (if any) which are calculated separately.
TERMS OF DELIVERY
The Seller is committed to arrange safe and confortable travel for every sold dog. The Seller delivers worldwide and the Buyer may choose among two Shipping Methods:
The confortable travel of the ordered dog is ensured by one of the most trusted animal forwarders Hellmann Worldwide Logistics, the Seller’s contact partner. Every dog will travel in a special, climate controlled and pressurized compartment within the aircraft and he or she will get premium care during the journey.
The Seller offers door to door delivery service free of charge to seven European countries: Hungary, Austria, Slovenia, Czech Republic, Slovakia, Croatia and Serbia. The Seller will deliver the ordered dog to the Buyer’s home in a customised and air conditioned vehicle. The Seller’s drivers are experienced animal handlers and they always give priority to the ordered dog’s welfare and safety on the road. During travelling the Seller’s colleagues exercise, feed and provide clean water to every dog. The Seller always follows the strictest cleaning and disinfection regulations.
As soon as the Seller receives the full payment, he starts to organize the transportation for the ordered dog. Generally speaking, travelling is possible between 12 to 17 weeks of age depending on the regulations of the destination country.
It is the Seller’s responsibility to inform the Buyer about the travel related issues and details before and during the delivery.
The Seller may use third party carriers to deliver the ordered dogs.
The Seller cannot be held responsible or liable for delivery delays as they can happen for numerous reasons such as bad weather conditions, the selected dog is not fit to travel, strikes, logistics issues, mechanical failure, late import documents or any other unforeseen events. This applies to all transportation methods.
If the Buyer asks the Seller to delay the agreed delivery time and the Seller has to recalculate the Shipping Price, the Buyer has to pay the difference that may arise as described in Processing Order section.
The Shipping Prices are subject to change without notice but changes will not affect orders that have already been accepted and confirmed.
It is the Buyer’s responsibility to meet all the legal requirements of importing a dog to the destination country.
In some countries the youngest that a puppy can be imported is 16 weeks of age or older. In this case the Seller offers a free boarding service for the ordered dogs until he or she reaches the requested age limit. The Seller is devoted to provide this special care and the ordered dogs will stay either in his or her original home with the breeder or the Seller’s representative will look after him or her.
If the Buyer postpones the agreed delivery time of the ordered dog, the additional charge of boarding is USD 25, – per day. The Buyer has to pay the total amount of boarding before the Seller sends him or her ordered dog.
RIGHT OF WITHDRAWAL
The Buyer is not entitled to withdraw from the contract concluded with the Seller if the sold products are clearly personalized. At www.newdoggy.com personalized goods, in this case dogs are advertised as the Seller provides personalized services for Buyers to find his or her desired dog, a living animal. If the Buyer cancels a concluded contract, unnecessary anxiety regarding the dog wellbeing will emerge.
If the Buyer cancels the contract within 48 hours after reservation, the non-refundable Deposit (USD 800,-) will be returned. In this case the Seller will refund the paid Deposit within 10 days after the Buyer’s notification but related payment fees and costs will be deducted. After 48 hours sale has ended and the Buyer will lose all funds already paid (except shipping costs).
TERMINATION DUE TO CONTRACT BREACH
Either Party may immediately terminate the contract by notice in writing form to the other Party in the event any Party should breach any terms and conditions of the contract or fail to perform any of its obligations or undertakings and such default is not rectified within 8 (eight) days after notice by the non-defaulting Party specifying the nature of the breach.
The Seller’s Guarantee Policies (Health Guarantee and Lifetime Puppyness Guarantee) are binding parts of these General Terms and Conditions. They can be downloaded for reading on the Seller’s website (www.newdoggy.com) by clicking on this link:
The Guarantee period starts as soon as the Buyer receives his or her ordered dog.
Every dog advertised at www.newdoggy.com is guaranteed to be checked by the Seller’s certified veterinarian before departure.
It is the Buyer’s responsibility to take his or her ordered dog to his or her own veterinarian to be examined within 72 hours after arrival. If the vet declares that the dog is healthy and issues a clean bill of health, the Seller asks the Buyer to email back this document. Any claims of unsatisfactory health must be reported to the Seller immediately otherwise the Buyer may lose his or her right to the guarantees.
As it may be needed for future reference, the Buyer should keep all veterinarian records in a safe place.
The Buyer should inform the Seller about any health issues immediately after discovering it. The Buyer should remember that most problems can be solved before they become an issue.
Every dog sold at www.newdoggy.com always remains the Seller’s top priority and therefore up-to-date information about his or her wellbeing is always warmly welcomed. The Buyer can share with the Seller the dog’s current weight, nutrition, training schedule, daily exercises, socialization, vet checks, etc.
RESPONSIBLE DOG OWNERSHIP
Buying a dog is a huge responsibility. Having a dog takes a lot of time, money and commitment. By accepting the General Terms and Conditions, the Buyer undertakes that she or he will be a Responsible Dog Owner that is determined by the followning criteria:
As a Responsible Dog Owner the Buyer is conscious of owning a dog, a living thing and always keeps this in eyesight. For a Responsible Dog Owner the safety, health, comfort and long-term happiness of a dog are paramount.
As a Responsible Dog Owner the Buyer always provides proper nutrition and fresh water for his or her dog.
As a Responsible Dog Owner the Buyer begins grooming his or her dog when she or he is still a puppy to be used to it at an early age. Grooming is more than just maintaining the cleanliness of a dog. Regular grooming is about the physical health and wellbeing of a dog and not just his or her good-looking appearance.
As a Responsible Dog Owner the Buyer recognizes the importance of socialization of his or her dog as it is a key factor to his or her overall wellness and health. Improperly socialized dogs are fearful of unusual or new circumstances and may risk other people, children or dogs.
As a Responsible Dog Owner the Buyer makes sure that his or her dog receives proper training and should obey certain commands such as: Sit, Down, Stay and Come. Walking on leash or without it is also part of a good training.
As a Responsible Dog Owner the Buyer provides daily exercise to his or her dog. Mental stimulation is just as important as physical exercises. Playtime and attention is a key factor of having a happy dog and being a happy owner.
As a Responsible Dog Owner the Buyer provides proper medical attention for his or her dog and keeps all necessary vaccinations current. The Buyer is aware and ready to bear the medical costs in case his or her dog falls sick and needs medical care.
As a Responsible Dog Owner the Buyer ensures his or her dog’s proper identification such as registered microchip and collar tags.
As a Responsible Dog Owner the Buyer is not only responsible for his or her dog but also for any neighbours and community where he and his dog(s) live.
As a Responsible Dog Owner the Buyer always properly picks up and disposes of his or her dog’s poop.
As a Responsible Dog Owner the Buyer always observes and respects the local leash and other laws related to owning a dog.
The Buyer will not sell or give his or her dog to a pet shop, retail store, dog dealer, animal testing facility, research facility or an agent for any such business or facility.
The Seller reserves the right to take back a dog in case of improper treatment of the dog. In this case no refund will be paid.
To manage Customers’ feedbacks, to investigate possible complaints and to provide all kinds of information to Customers, the Seller operates an electronic Customer Service that is available at the followning email address: [email protected].
The Seller’s personalized Customer Service operates on workdays (Mon-Fri) from 8 am until 7 pm Central European Time (CET).
If the Buyer wants to reach the Customer Service out of office time, he or she should leave a message and they will contact him shortly.
The content within the pages of the website is for the Buyer’s general information and use and this content may be subject to change without notice.
The Seller reserves the right to withdraw a dog on sale at any time without notice.
The Seller takes liability for the origin of the photos of every dog on sale.
Some images on the website may be used for illustration purposes only.
The Buyer’s use of any instruction or proposal on the website is entirely at his or her own risk, for which the Seller shall not be liable.
The website may also include links to other websites. These links are provided for the Buyer’s convenience to gather further information. If the Buyer uses these links, he or she leaves the Seller’s website that has no responsibility for the content of the linked websites.
All content and design of the website, including, but not limited to logos, blogs, text, icons, images, photos, videos, music, sounds, software or any combination of them, is owned or licensed by the Seller and protected by applicable copyright laws in every country of the world. All such rights are reserved.
None of the content or data found on this website may be reproduced, published, posted, transferred, modified or linked to other website without the prior written permission of the Seller.
Any trade mark, logo or other identifiable emblem of the Seller shall remain the property of the Seller at all times and no license or right to use any of the same shall be granted or implied in any way.
The Seller grants the Buyer a revocable license to access and make personal use of the website however the Buyer cannot use the website in any way that may damage the reputation of the Seller. The Buyer cannot use the website for any commercial or business purposes; it is for his or her personal use only. The Buyer cannot use software robots, spiders, crawlers or any similar data gathering tools and cannot take any other action that may impose an unreasonable burden on the Seller’s infrastructure.
The Seller endeavours to ensure that the information posted on the website is accurate and complete, however the Seller cannot guarantee that the content and any other information on the website is error free.
The Seller endeavours that the website meets all applicable security standards.
The Seller makes every effort to keep the website up and running smoothly and takes no responsibility for and will not be liable for, the website being temporarily unavailable due to technical issues beyond the Seller’s control. The Seller cannot guarantee that the functionality of the website or its server that makes the website available will be error free.
The Buyers assumes the responsibility of ensuring up to date virus checking software installed on his or her computer system to fight viruses, malicious code or other components that are potentially harmful. The Buyer will be responsible for ensuring that he or she has a suitable and regularly updated internet connection and browser that allows secure access to the site.
The Buyer assumes full responsibility for the protection of his or her computer system including computer hardware and software and stored data on his or her computer system.
In no circumstances will the Seller be liable to the Buyer for any direct or indirect damage resulting from the use, dysfunction, interruption, withdrawal of the website, in particular in the event of maintenance or restoration of the website, technical breakdown of the website, overloading of the internet network, disconnection of internet, error, negligence or fault by internet service providers, third parties or a virus transmitted via the internet.
The Seller will investigate and reply in writing to every complaint within 30 days from the date of receiving it. If the Seller rejects a complaint, he has to justify the reason and keep the reply for one year for the Hungarian authorities supervising his activity.
The Seller does not guarantee temperament but assure that every dog advertised on the website was born and lived in a secure and loving environment in the breeders’ household and got daily proper socialization. After receiving the ordered dog, it is the Buyer’s responsibility to provide a good and safe environment with proper socialization.
The Seller cannot guarantee that the Buyer can breed the ordered dog but if the Buyer is interested the Seller can let him or her know his professional opinion.
There is no guarantee that the ordered dog evaluated to be of “Show Quality” will be successful in the show ring as an adult. However, the Seller encourages the Buyer to participate in these events.
The Seller and the Buyer has made no other agreements, promises, representations or warranties, express or implied, unless specifically stated in these General Terms and Conditions. The Buyer understands and accepts that no cash or credit card refunds will be given, all Deposits are non-refundable and sale is final. The Buyer and Seller agree that these General Terms and Conditions are in full force when the Buyer accepts them by selecting the appropriate check box as the last step of the order process. If either the Seller or Buyer takes legal action regarding these General Terms and Conditions, action will be initiated in the country of the Seller’s residence, Hungary.
This website is maintained for the Buyer personal use and viewing. By placing an order, the Buyer agrees to be bound by the General Terms and Conditions set out above.
The Seller may revise the General Terms and Conditions to reflect changes in its business, conditions, technology and to laws and regulations. The Seller will publish the amended General Terms and Conditions on its website and they will come into force at the time of their publication. For confirmed orders the General Terms and Conditions valid at the time of the order will stay in force.
If any provision of the General Terms and Conditions are determined by a competent authority to be invalid or unlawful to any extent, such provision will be to that extent severed from the remaining Terms and Conditions which will continue to be valid.
The Seller and the Buyer intend to settle by peaceful means any disputes which may arise between them.
The Buyer must file any claim arising in relations to the General Terms and Conditions in a court of competent jurisdiction in Budapest, Hungary, within one year after the cause of action has arisen or such cause will be barred, invalid and void.
The General Terms and Conditions and all matters that might arise shall furthermore be governed by the laws of Hungary and will be subject to the jurisdiction of the competent Hungarian courts.
Budapest, 17th of July 2016