General Terms and Conditions – Just Russel
Thank you for your trust in Just Russel, together we can give your pet the right nutrition tailored to your needs.
Company details
Name: JUST RUSSEL BV
Company number: 0735411735
Address: Baarledorpstraat 95 – 9031 Ghent – Belgium
Legal form: Private Limited Company (BV)
GENERAL TERMS AND CONDITIONS OF JUST RUSSEL BV
1. Who are we?
(1) Just Russel BV is a young online startup in personalized pet food located at Baarledorpstraat 95 – 9031 Ghent – Belgium and will hereinafter also be referred to as “Just Russel” or “we”.
(2) Just Russel sells and delivers flexible, monthly delivered, personalized dog food (“dog meal box”) on a membership basis.
(3) Just Russel also sells trial boxes in flexible membership and offers vouchers and discount codes.
(4) The dog meal box based on membership, additional products and/or gift certificates, vouchers and discount codes will also be referred to hereinafter as the “products” or “agreements.”
2. Applicability
(1) All agreements (including memberships and separate orders) entered into by Just Russel with customers are subject to these general terms and conditions. The customer is hereinafter also referred to as “customer” or “you/you”.
(2) We reserve the right to amend these general terms and conditions. We will notify you of any intended changes at least seven (7) days in advance. Should you object to the changed terms and conditions, you have the option to terminate your agreement in which case you can cancel your agreement via your account or via hello@justrussel.com, taking into account the deadline for changes, pauses and cancellations. You can easily modify, pause or cancel the box at any time. The deadline for changes is seven (7) days before the first scheduled delivery date in your account (hereinafter referred to as: the “change deadline”). However, if you do not (timely) terminate or cancel the agreement, and you continue to use our products from the announced effective date of the modified general terms and conditions, the modified general terms and conditions will apply to your agreement from that time.
3. The offer
(1) The offered products and/or services including the stated prices apply as an offer without obligation which can be accepted by you.
(2) Our offer contains as complete and accurate a description as possible of the products and/or services offered. However, we cannot prevent that sometimes a mistake is made whereby we note that obvious mistakes in the offer do not bind Just Russel.
(3) Our offer is aimed at end consumers in Belgium and the Netherlands. The products ordered, such as our dog meal boxes, gift certificate(s) and/or other services, are expressly not intended for resale. Therefore, only household size orders are accepted.
4. Conclusion of agreement.
(1) To place an order, we ask you to create an account to get to know your dog for your personalized order and to manage your preferences, which will allow you to place orders faster and easier in the future. In your account, you can specify your preferences. If you do not make a choice of meals or do not change your preferences in time with respect to the deadline for changes, your meals will automatically be selected based on the most optimal nutrition for your dog. In your account you can also add different (additional) products and/or extra meals to your order at an additional cost.
(2) After creating an account, you can complete and confirm the (online) order form provided by Just Russel in the ordering process. By completing the (online) order form, you submit a quotation to Just Russel. Receipt of the submitted quotation is immediately confirmed electronically. However, this order confirmation does not automatically constitute acceptance of the quotation and a contract is not directly established.
(3) Just Russel reserves the right to refuse to accept the quotation without giving reasons until the deadline for changes. A right to delivery of the ordered dog meal boxes and/or other ordered services arises after the deadline for changes and acceptance by Just Russel. In any case, Just Russel may refuse to accept an offer if there is a situation as described in Articles 3.3 and 13.2 of these general terms and conditions.
(4) An agreement may be entered into indefinitely or for a definite period.
(5) To create a Just Russel account and place an order, you must be eighteen (18) years of age or older. Just Russel does not sell or supply products to persons under eighteen (18) years of age.
(6) Just Russel likes to occasionally surprise you with additional products, such as a sample or third-party offers. However, you cannot derive any rights from receiving additional products, for example by promoting them through our channels and/or social media.
5. Your obligations
(1) All information you provide to Just Russel at any time, for example during the ordering process, must be current and truthful. Your password must not be disclosed to third parties. You must keep the password safe and protected from unauthorized persons and notify us in writing of any loss or disclosure. You bear full responsibility for misuse, for example any unauthorized ordering with your password by third parties and the resulting claims. Just Russel shall not be liable for any damages resulting from incorrect information and/or loss of your password, and you shall indemnify Just Russel against any third-party claims.
(2) You are obliged to carefully read and observe the product labels, product and user instructions and warnings accompanying the supplied products. Just Russel shall not be liable for any damages caused by not following product labels, product and user instructions and warnings, and you shall indemnify Just Russel against any third party claims.
6. Delivery
(1) The time windows for delivery as stated in the customer account on the website, in the track & trace app or in the confirmation email are indicative. Your chosen delivery day and/or time window may vary due to, among other things, unforeseen circumstances, force majeure or in connection with public holidays.
(2) In certain cases, Just Russel may charge extra for delivery in a specific time window. Additional charges for delivery of your ordered products will always be communicated in advance when choosing the time window.
(3) The few days before delivery, you will receive an email with a more precise delivery time within your chosen time window. We reserve the right to deliver your products with a deviation of one (1) day. Unfortunately, we cannot guarantee delivery times. Should we be later, we are not liable for late deliveries.
(4) We reserve the right to deliver to the customer only after payment of the total amount of the order. You cannot invoke earlier deliveries in this regard.
(5) We deliver everywhere in Belgium and the Netherlands. If the agreement involves a gift certificate, voucher or discount code, it will be sent by e-mail.
(6) We deliver to the address you have entered as the delivery address in your customer account on our website. A change of address is effective for delivery if you have communicated it to us before the change deadline. All costs caused by a wrong address will be charged to the customer. Also, refused deliveries will be charged in full unless you cancelled them before the deadline for changes.
(7) You are obliged to ensure that personal delivery of the products is possible at the delivery address and during the time window specified by you. Should the delivery not be possible, you shall be in default in terms of acceptance; any costs and damages shall then be for your account.
(8) If personal delivery of the products is not possible, the contract can be fulfilled by offering the products to neighbors or by placing them in front of the door of the residence. Delivery in this manner is entirely at your risk and Just Russel is not responsible for any spoilage or disappearance of the products. The delivery note is not binding and Just Russel may deviate from it, for example in case of (extreme) weather conditions where the quality of the products can no longer be guaranteed or in other cases of force majeure (§11(5)).
7. Prices and shipping costs
(1) Prices include sales tax and shipping costs within Belgium and the Netherlands, unless otherwise stated.
(2) For certain and/or additional products, such as with (additional) products, an additional price applies. The additional prices are listed and will be charged when you store your chosen products.
(3) The claims of Just Russel are due immediately.
(4) For payment, you can only use the payment options agreed and indicated at the time of the order. You are obliged to pay within the agreed payment period.
(5) Just Russel is at all times entitled to adjust the prices, on the understanding that we will notify you at least fourteen (14) days in advance. Should you object to the changed price, you have the option to terminate the agreement, for example by using the contact option on our website, taking into account the deadline for changes. However, if you do not terminate the agreement, and you continue to use our products and/or services from the announced effective date of the changed price, the changed prices will apply to the agreement from that moment on.
8. Payment
(1) Orders will be charged via the payment method specified by you.
(2) It is your own responsibility to ensure that the details of your payment method are valid and up to date. We accept SEPA Direct Debit, Bancontact, Credit Card, KBC/CBC Payment Button, Belfius Direct Net, iDEAL and ING Home’Pay.
(3) Only the first delivery can be paid via Bancontact, KBC/CBC Payment Button, Belfius Direct Net, iDEAL and ING Home’Pay. If you choose payment via Bancontact, KBC/CBC Payment Button, Belfius Direct Net, iDEAL and ING Home’Pay in the ordering process, the amount of the first dog meal box will be directly debited from your account. You also authorize Mollie B.V. (acting for Just Russel) to send continuous SEPA direct debit orders to your bank to debit your account.
(4) If you choose to pay by credit card in the ordering process, the amount will be debited continuously from your credit card.
(5) It is your responsibility to ensure that you have sufficient funds in your bank account at the time of payment.
(6) If you do not agree with a SEPA Direct Debit as referred to under §8(3) or a credit card payment as referred to under §8(4), you can have it reversed under the conditions agreed between you and your bank. Please contact your bank within two (2) weeks after the debit. Ask the bank about the conditions.
(7) If a payment order cannot be executed due to insufficient balance, incorrect or outdated payment information and/or other disputes, orders may still be shipped. In such cases, Just Russel will once again make the payment. We reserve the right to recover the outstanding amount by re-executing the payment via the specified payment method.
(8) Should the attempts to re-execute the payment fail, we reserve the right to recover the debt by other means, either directly or through a third party and recover the associated extrajudicial collection costs from you.
(9) Just Russel is entitled to suspend the execution of the agreement, such as for example the delivery of dog meal boxes, if and as long as you as a customer have not (fully) fulfilled your payment obligations. If the payment fails then it must be paid within the week. If not, Just Russel has the right to charge additional reminder fees of €15 per reminder.
10) If a payment order cannot be fulfilled due to insufficient balance, incorrect or outdated payment information and/or other disputes, orders may still be shipped. In such cases, Just Russel will once again make the payment. We reserve the right to recover the outstanding amount by re-executing the payment via the specified payment method.
(11) Should the attempts to make the payment again fail, we reserve the right to recover the debt by other means, either directly or through a third party and recover the associated extrajudicial collection costs from you. Once we have notified you of the late payment and given you a 14-day period to fulfill your payment obligation, we are entitled to charge late payment interest and a flat rate penalty in accordance with Book XIX of the Code of Economic Law. The management and follow-up of overdue payments may be transferred to a collection agency. These are added as follows: 1. A default interest, at the prevailing legal interest rate, in accordance with the Law of August 2, 2002 on combating late payment in commercial transactions. 2. A flat rate penalty of: * €20 if the balance due is less than or equal to €150; * €30 plus 10% of the amount due between €150.01 and €500 if the balance due is between €150.01 and €500; * €65 plus 5% of the amount due for the portion above €500, up to a maximum of €2,000 if the balance due exceeds €500.
9. Pause and cancellation.
(1) Just Russel orders the products for the purposes of your agreement prior to delivery to you.
In all cases, pausing and canceling, to avoid the order (and therefore delivery and a payment obligation) of the next dog food box and any additional products, you must pause or cancel the agreement before the deadline for changes.
If you pause or cancel the agreement before the deadline for changes, you will not receive any products in the following week. The deadline for changes also applies to any other changes to the agreement.
Pause
(2) You can pause an agreement at any time. This means that you allow the next delivery of your products to be delayed. The notification about the suspension of your agreement must be made through your account before the change deadline.
Cancellation
(3) If you have entered into a membership that includes the monthly delivery of the dog food box, we speak of an agreement for an indefinite period of time. You can cancel an open-ended contract at any time. The notice about the termination of your agreement must be given via your account before the deadline for changes. The cancellation of the agreement will then become final.
(4) If you order another (additional) product with your dog food box or a one-time dog food box, this also constitutes an agreement for an indefinite period of time. However, this agreement expires upon cancellation of the dog meal box membership.
(5) You can cancel the agreement in the same manner in which it was entered into; in addition, you can always cancel via one of our contact options on our website or via your online account. Due to technical reasons, you can only cancel the first dog food box you receive via customer service.
10. Vouchers, discount codes, gift certificates
(1) Just Russel offers gift vouchers, discount codes and other variants of vouchers, which require activation by e-mail in order for Just Russel customers to receive products. Once the voucher is redeemed through the website, it is no longer usable and/or invalid.
(2) An offered free dog meal box and/or discount is intended to give new customers a chance to try Just Russel. Discount codes and vouchers only apply to a new membership with Just Russel unless specifically stated otherwise, such as a discount intended for former customers. If you already have an existing membership, you cannot redeem the discount code and/or voucher. Per household, it is possible to redeem a discount only once. Only one account per household is allowed.
(3) Just Russel, in its sole discretion, determines eligibility for a free dog meal box and/or discount and may limit the terms or duration to prevent abuse of the free dog meal boxes and/or discounts. We do per household checks to prevent abuse of the free dog meal boxes and/or discounts. Based on the information used for an existing or recent agreement, such as your name, phone number, delivery address, email address and/or payment method, we can determine your eligibility for the free dog meal box and/or discount.
(4) Some products and/or services may be excluded from the discount, such as products at an additional price, one-time (additional) products, unless specifically stated otherwise.
(5) Discount codes and vouchers can only be redeemed on the Just Russel website and can only be used once. Discount codes and vouchers cannot be combined with other offers and are not redeemable for cash. Also remember that some discount codes are only valid on a certain type of products.
(6) Any (attempted) fraud or other unauthorized acts will be recorded and result in denial of the use of the free trial and/or discount codes. Just Russel has the right to revoke or invalidate discount codes and vouchers if it deems it necessary for any reason.
(7) Personal discount codes (such as the personal test bag code) may not be shared publicly to strangers. These codes are meant to be shared with friends, family or colleagues. Therefore, it is prohibited to share these codes publicly with people from whom the customer cannot demonstrate a friendly, professional or family relationship (e.g. sharing codes on Just Russel advertisements). Consequently, any acquired discounts will not apply. Just Russel also reserves the right to revoke the personal code after misuse.
(8) – Promotion “try 2 weeks free at www.justrussel.com” excluding €5 shipping. Promotion until March 7, 2022. Only valid for dog food and new customers.
11. Liability of Just Russel
(1) Just Russel shall only be liable for property damage and/or personal injury suffered by the customer if the damage is a direct and exclusive result of Just Russel’s failure to fulfill an obligation, or if there is intent or deliberate recklessness on the part of Just Russel or its employees, with the understanding that only damage for which Just Russel is insured or should have been insured in fairness and reasonableness will be eligible for compensation.
(2) Liability of Just Russel for indirect damages, including consequential damages, lost profits or income, missed savings et cetera, is excluded.
(3) Just Russel shall never be liable for any damages resulting from incorrect information provided by you to us and/or the loss of your password, and you shall indemnify Just Russel against any third party claims.
(4) Just Russel shall never be liable for any damages resulting from failure to follow product and user instructions and warnings provided by Just Russel, and you shall indemnify Just Russel against any third party claims.
(5) Just Russel shall never be liable for any damages resulting from force majeure, which includes, but is not limited to: strikes, illness, fire, failures at Just Russel or its suppliers, transportation problems, weather conditions, violence, riots, riots or police and/or fire department actions. Force majeure also means such unforeseen circumstances at third parties used by Just Russel in the performance of the agreement.
(6) The liability regulations in the preceding paragraphs also apply to (personal) liability of organs, employees and auxiliary persons of Just Russel. They may invoke them.
12. Privacy
(1) When processing an order, we process your personal data. To inform you about what happens to your personal data, we have a privacy policy which you can find on our website. Questions about how Just Russel handles your personal data can be directed to hello@justrussel.com.
(2) If you place an order, Just Russel uses your e-mail address to offer you similar products and services by e-mail. If you no longer wish to receive newsletters, you can unsubscribe or change your preferences at any time. You can do this via the link at the bottom of the emails or by contacting our customer service department. You can also unsubscribe through the settings in your customer account. More information about e-mail marketing and the use of your personal data in our other marketing channels can be directed to hello@justrussel.com.
13. Fraud
(1) We reserve the right to investigate all accounts where we suspect improper or fraudulent activity.
(2) We reserve the right to block or terminate your order, membership and/or account after improper or fraudulent activity.
14. Complaints
(1) Quality is of paramount importance to Just Russel and we make every effort to prevent complaints. Within Just Russel, we have a complaints policy for which you can address to hello@justrussel.com. We will provide a substantive response to the complaint submitted within five (5) business days.
(2) If you are not satisfied with the way we have handled your complaint, you can report your complaint through the European Commission’s ODR platform. This is a platform set up by the EU for all consumers across Europe.
15. Intellectual Property
Our website and services are protected by intellectual property rights. The rights to, for example, logos, software, texts and images are owned by Just Russel and/or the person from whom we have obtained a license. It is not allowed to publish, reproduce and/or edit parts of our website or services without our explicit permission, other than for personal use.
16. Other Provisions.
(1) All agreements between Just Russel and the customer, to which these general terms and conditions relate, shall be governed exclusively by Belgian law.
(2) All disputes arising from the agreement between Just Russel and you, the customer, shall be tried exclusively by the courts of Ghent.
(3) Should any provision in these general terms and conditions or in the agreement be or become invalid, the remaining provisions shall remain valid. In that case, the invalid provision shall be replaced by a new provision that corresponds to the old one as far as possible in terms of content, scope and/or objective.
17. Legal warranties.
(1) Just Russel remains liable for any lack of conformity or hidden defects in the dog food box under the conditions provided in VI.2 and following of the Code of Economic Law.
18. Revocation
(1) You have the right to revoke the contract within a period of seven (7) days from the delivery of your first box, without giving any reasons. You then pay only for the dog food boxes already delivered during these seven (7) days and the boxes already scheduled. In order to prevent the order (and therefore delivery and a payment obligation) of the next dog meal box and any additional products, you must revoke the agreement before the deadline for changes.
(2) You also have the right, within a period of seven (7) days from the delivery of certain additional products, to revoke the order of this additional product without giving any reasons. Additional products with a limited shelf life cannot be revoked. The shipping costs of returning the product are at your own expense.
(3) To revoke the agreement you can use the model form which can be found in Appendix I of the General Terms and Conditions. You can use the model form but you are not obliged to do so.
Just Russel BV – December 2020
Annex I – Model withdrawal form
(Only complete and return this form if you wish to revoke the contract)
Download here as a PDF
To:
Just Russel BV
Baarledorpstraat 95
9031 Drongen
Belgium
hello@justrussel.com
I/We (*)____________________ hereby inform(*) you that I/We (*) revoke/revoke(*) our agreement concerning the sale of the following goods/provision of the following service (*)____________________
Ordered on (*)____________________ /Received on (*)____________________
Name/Names consumer(s) ____________________ Address consumer(s) ____________________ Signature of consumer(s) (only if this form is submitted on paper)
____________________, ____________________
Date ____________________
(*) Delete where not applicable.
