Last updated: 1 January 2025

These are the General Terms and Conditions of Wild Alive (hereinafter referred to as “Wild Alive”), a company having its registered office at Simon Vestdijkpad 18, Leiden. Wild Alive is registered at the Trade Register of the Chamber of Commerce under number 89670639.

1. Definitions

In these General Terms and Conditions the following terms shall have the following meanings, except where stated otherwise:

  • Terms and Conditions: these general terms and conditions.
  • Client: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities; or the business who acts for purposes related to his/her commercial trade, craft or professional activities.
  • Day: calendar day;
  • Digital Content: data produced and delivered in digital form;
  • Distance Contract: a contract concluded by Wild Alive and the Client within the scope of an organized system for distance selling products, Digital Content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
  • Reflection Period: the period during which the Client may use his right of withdrawal;
  • Sustainable Data Carrier: any means, including email, that allow the Client or Wild Alive to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible;
  • Standard Form for Withdrawal: The European standard form for withdrawal included in Appendix;
  • Wild Alive: the company Wild Alive, located at Simon Vestdijkpad 18, in Leiden and registered with the Trade Register of the Dutch Chamber of Commerce under number 89670639; and
  • Website: name of the website of Wild Alive, being www.marketplace.wildalive.earth.
  • Purchase: execution of the Distance Contract by completing the payment connected to the offer for the services specified.
  • Service: the use of the services offered via www.marketplace.wildalive.earth and all its affiliated sites.

2. Applicability

  1. These General Terms and Conditions apply to any offer from Wild Alive and to any Distance Contract concluded by Wild Alive and the Client.
  2. Before concluding a Distance Contract, the text of these General Terms and Conditions shall be made available to the Client by electronic means in such a way that the Client can store it in an accessible manner on a Sustainable Data Carrier. If this is reasonably impossible, Wild Alive shall indicate in what way the General Terms and Conditions can be inspected and that they will be sent if so requested by electronic means or otherwise free of charge, before the Distance Contract is concluded.
  3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second paragraph of this Article shall apply accordingly, and in the event of contradictory terms and conditions, the Client may always appeal to the applicable provision that is most favorable to him/her.

3. The Purchase

  1. Obvious errors or mistakes in the offer are not binding for Wild Alive.
  2. All offers contain such information that it is clear to the Client what rights and obligations are attached to accepting the offer.
  3. If you wish to purchase any product or service made available through the Website, you may be asked to supply certain information relevant to your Purchase.
  4. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
  5. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
  6. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
  7. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

4. The contract

  1. The contract becomes valid when the Client has accepted the offer and fulfilled the terms and conditions set.
  2. If the Client accepted the offer via electronic means, Wild Alive shall confirm the receipt of acceptance of the offer without delay via electronic means.

5. Right of withdrawal

  1. The Client can dissolve a purchased contract for a product without giving reasons during a Reflection Period of 14 days.
  2. The Reflection Period referred to in paragraph 1 of this Article starts on the Day the product is received by the Client or by a third party appointed by him in advance and who is not the carrier, or:
  1. if the Client ordered several products in the same order: the Day on which the Client or a third party, not being the carrier, appointed by him received the last product. Wild Alive may refuse an order of several products with different delivery dates provided that it clearly informs the Client prior to the order process, or
  2. in case the delivery of a product consists of several batches or parts: the Day on which the Client or a third party, not being the carrier, appointed by him received the last batch or the last part, or
  3. in case of an agreement about regular delivery of products during a given period: the Day on which the Client or a third party, not being the carrier, appointed by him received the first product.
  1. The Reflection Period referred to in Article 1 starts on the Day following the conclusion of the agreement.

6. Client’s obligations during the Reflection Period

  1. During this period, the Client shall handle the product and the packaging with care. The Client shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Client may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
  2. The Client is liable for the decrease in value of the product that is caused by the way of handling the product which is not in accordance with paragraph 1 of this Article.

7. Exercising the Client’s right of withdrawal

  1. If the Client exercises his right of withdrawal he shall notify Wild Alive unambiguously with the Standard Form for Withdrawal within the Reflection Period.
  2. The Client shall return the product or deliver it to (the authorized representative of) Wild Alive as soon as possible but within 14 Days. This does not need to be done if Wild Alive offered to collect the product himself. The Client observed the period of returning the product in any event if the product is returned before the expiration of the Reflection Period.
  3. The Client shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by Wild Alive.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Client.
  5. The Client shall bear the direct costs of returning the product.
  6. If performance of the service has started during the Reflection Period, the Client shall pay Wild Alive an amount that is equal to the part of the obligation already performed at the time of withdrawal as compared with the full compliance of the obligation.

8. Obligations of Wild Alive in case of withdrawal

  1. If Wild Alive makes the notification of withdrawal by electronic means possible, he shall send a return receipt without delay.
  2. Wild Alive shall reimburse all payments made by the Client, including any delivery costs that Wild Alive may charge for the returned product, as soon as possible but within 14 Days following the Day on which the Client notified him of the withdrawal. Unless Wild Alive offers to collect the product himself, he can wait with the reimbursement until having received the product or until the Client proved that he returned the product, whichever occurs first.
  3. Wild Alive shall make use of the same means of payment that the Client used, unless the Client consents to another method. The reimbursement is free of charge for the Client.
  4. If the Client opted for a more expensive method of delivery instead of the cheapest standard delivery, Wild Alive need not reimburse the additional costs for the more expensive method.

9. Exclusion of the right of withdrawal

Wild Alive excludes the following from the right of withdrawal:

  1. Services agreements, after full performance of the service, but only if  the performance started with the Client’s explicit prior consent. Payment of the order connected to the services agreement is considered as explicit prior consent.
  2. The delivery of Digital Content other than on a physical carrier, but only if the performance was started with the Client’s explicit prior consent. Payment of the order connected to the service agreement is considered as explicit prior consent.

10. Pricing

  1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, unless the change in price is due to a change in VAT rates.
  2. Contrary to paragraph 1 of this Article, Wild Alive may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the control of Wild Alive, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
  3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
  4. Price increases from 3 months after concluding the contract are permitted only if Wild Alive has stipulated it and
  1. they are the result of legal regulations or stipulations, or
  2. the Client has the authority to cancel the contract before the Day on

which the price increase starts.

  1. All prices indicated in the provision of products or services are including VAT.

11. Performance agreement and extra guarantee

  1. Wild Alive guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the Day the contract was concluded. If agreed, Wild Alive also guarantees that the product is suitable for other than normal use.
  2. In any event no claim can be made on paragraph 1 of this Article (i) in case of damage caused deliberately or with gross negligence, (ii) in case of normal wear and/or (iii) in case of damage from improper care or handling.
  3. An extra guarantee offered by Wild Alive, his supplier, manufacturer or importer shall never affect the rights and claims the Client may exercise against Wild Alive about a failure in the fulfilment of the obligations of Wild Alive if Wild Alive has failed in the fulfilment of his part of the agreement.
  4. With ‘Extra guarantee’ is meant each obligation of Wild Alive, his supplier, importer or manufacturer in which he assigns certain rights or claims to the Client that go further than he is legally required in case he fails in the compliance with his part of the agreement.

12. Delivery and execution agreement

  1. Wild Alive shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
  2. The place of delivery is the address which the Client has provided to Wild Alive 
  3. The Client shall provide Wild Alive with the correct delivery address and mail address. Any changes need to be reported immediately to Wild Alive. If the Client has entered a wrong address for delivery, then the additional shipping costs will be for the account of the Client.
  4. Delivery takes place while supply lasts.
  5. The ownership of delivered products will be transferred to the Client upon payment of the sum due. The risk of the products passes upon delivery to the Client.
  6. Wild Alive shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Client shall be informed about this within 30 days after ordering. In such cases, the Client is entitled to dissolve the contract free of charge and with the right to possible compensation.
  7. After dissolution in accordance with paragraph 6 of this Article, Wild Alive shall without delay reimburse the payment made by the Client.
  8. The risk of loss and/or damage to products will be borne by Wild Alive until the time of delivery to the Client or a representative appointed in advance and made known to Wild Alive, unless explicitly agreed otherwise.

13. Payment

  1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Client must be settled upon placing the order.
  2. The Client has the duty to inform Wild Alive without delay of possible inaccuracies in the payment details that were given or specified. Payment orders at the bank or giro institute are for the account and risk of the party giving (or authorizing) the payment order.

14. Accounts and registration

  1. The Client can create an account or otherwise register on the Website. Wild Alive reserves the right to refuse or cancel any such registration, for example in the event of irregularities.
  2. The login details are strictly personal and must not be disclosed to third parties. The Client is responsible for his login details, even if this is done without his knowledge.
  3. The Client shall immediately alert Wild Alive if he suspects that his login details are known by an unauthorized third party or in the event of irregularities.
  4. The Client may not create or manage more than one account. Moreover, the Client shall not be allowed to register or manage an account (again) after Wild Alive has denied the request of the Client to create an account or after cancellation of the registration.

15. Force majeure

Wild Alive and the Client are not obliged to fulfill any obligation, if they are prevented from doing so due to a circumstance not attributable to fault and which is not regarded as their responsibility, nor by virtue of the law, a legal action or a generally accepted notion.

16. Complaints procedure

  1. Wild Alive shall have a sufficiently disclosed complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure. Complaints shall be send to Wild Alive by e-mail via business@wildalive.earth.
  2. Complaints about the performance of contracts shall be filed as soon as possible once the Client has noticed the defects, comprehensive and clear with Wild Alive.
  3. The complaints submitted to Wild Alive shall be replied within a period of 5 working days after the date of receipt. Should a complaint require a foreseeable longer time of handling, Wild Alive shall respond within 5 working days with a notice of receipt and an indication when the Client can expect a more detailed reply.

17. Privacy and security

  1. Wild Alive respects the privacy of the Client. Wild Alive treats and processes all personal data transmitted to it in accordance with the applicable legislation, in particular the General Data Protection Regulation. The Client agrees to this processing. For the purpose of protecting the Client’s personal data, Wild Alive observes appropriate security measures.
  2. For more information about privacy, visit the privacy policy on www.marketplace.wildalive.earth.

18. Additional provisions

  1. Any possible derogations in respect of these General Terms and Conditions may be agreed upon only in writing. No rights can be derived from these deviations with regard to future agreements.
  2. The administration of Wild Alive serves as proof of purchase orders and requests of the Client, unless the Client proves otherwise. The Client acknowledges that electronic communication can serve as proof.
  3. Wild Alive is entitled to transfer the rights and obligations under the contract with the Client to a third party, by a single notification to the Client.
  4. In case and to the extent that any provisions of these General Terms and Conditions are cancelled or declared invalid, Wild Alive shall draw up a new provision to replace the null/nullified provision, duly observing as much as possible the object and purpose of the annulled provision.

19. Termination

  1. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
  2. Upon termination, your right to use the service connected to the Distance Contract will immediately cease. If you wish to terminate your account, you may simply discontinue using our services.

20. Limitation of Liability

  1. In no event shall Wild Alive, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

21. Applicable law

These General Terms and Conditions, and any non-contractual obligations arising thereto, between Wild Alive and the Client are governed exclusively by the laws of The Netherlands.

APPENDIX

Standard Form for Withdrawal

To: Wild Alive, Simon Vestdijkpad 18, domiciling at Leiden.

Email address: marketplace@wildalive.earth

I hereby inform you that I wish to revoke our agreement on the following order:

Order number:

Ordered/received on (dd-mm-yyyy):

Fill in the date on which you received your order or the date of your order.

First name and surname:

Street name + house number:

ZIP code:

Place of domicile:

Email address:

Date:

Signature

Sign this form only if you will not send this form by e-mail or ordinary post.

_________________

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