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Terms and Conditions Ani-Malls

I. General Provisions

  1. Welcome to Ani-Malls

1.1. These general terms and conditions (the “General Terms and Conditions“) apply, with effect from 1 May 2026, to any use of the website Ani-malls.com (the “Platform“), to all services offered by Ani-Malls and to all agreements that Ani-Malls enters into for the use of the Platform and the services. If you use the Platform, the services or an agreement of Ani-Malls, you agree to these General Terms and Conditions.

1.2. Ani-Malls recommends that everyone who uses the Platform or associated services (a “User“) read these General Terms and Conditions. Ani-Malls may amend these General Terms and Conditions from time to time.

1.3. The General Terms and Conditions consist of 4 chapters: (I) General Provisions, (II) Rules for placing advertisements, (III) Conditions for business advertising and (IV) Subscriptions. Depending on the manner in which the User uses the Platform, certain chapters of the General Terms and Conditions apply in addition to the (I) General Provisions. To the extent that chapters (II), (III) and (IV) contain provisions that conflict with provisions of chapter (I) General Provisions, the provisions in the other chapters prevail.

1.4. A User may offer products and services on the Platform, against payment to Ani-Malls. The offering, or the making of a request, takes place by creating a public advertisement on the Platform (the “Advertisement“). An Advertisement includes, among other things, the title and the description of the products or services offered or sought. A User who places an Advertisement is referred to as “Advertiser“. Every User who uses the Platform must have registered on the Platform and every Advertiser must verify his or her identity on the Platform, as described in the Privacy policy.

1.5. Ani-Malls merely facilitates the conclusion of agreements between Users through the Platform. Ani-Malls is not a party to any agreement concluded between Users and is not deemed to act as agent, representative, intermediary or contracting party on behalf of any User. Advertisers and Users must resolve mutual disputes themselves. Ani-Malls does not vouch for the quality or conformity of products and services traded via the Platform, and gives no guarantee whatsoever in that regard.

1.6. Ani-Malls only offers services for countries that have access to the Stripe payment service.

  1. Specific conditions for ancillary third-party services

On the Platform, Users may, in addition to Advertisements, obtain services offered by third parties to facilitate trading. The terms and conditions of the relevant parties apply to such ancillary services. To the extent that those third-party terms and these General Terms and Conditions contain conflicting provisions, the third-party terms prevail. This concerns, for example, the payment-request service, a service of Stripe to which the Stripe terms apply.

  1. Processing of personal data

The Privacy policy explains how Ani-Malls handles your personal data and how we protect your privacy when you use our Platform. Ani-Malls places non-essential cookies and similar techniques only after the prior consent of the User. Further information is set out in the Cookie Statement.

  1. Minors and age limit for the purchase of animals

4.1. The services of Ani-Malls are only accessible to minor Users if they have obtained the consent of their legal representative, or where it is customary and legally acceptable for minors of that age to perform the relevant legal act independently.

4.2. In addition to the provisions of article 4.1, a mandatory statutory age limit applies to the purchase of animals. Pursuant to article 3.19 of the Besluit houders van dieren, it is prohibited to sell or deliver a companion animal to a person younger than sixteen years of age. This age limit applies without exception; consent of a legal representative does not affect this prohibition.

4.3. A User younger than sixteen years of age can therefore not conclude an agreement via the Platform that is aimed at the purchase or delivery of an animal. The Advertiser (seller) is obliged to observe this age limit and bears responsibility for doing so. Ani-Malls is not a party to the agreement and does not vouch for compliance therewith, but may, in the event of an established or suspected breach, take the measures described in article 8 of the General Provisions.

  1. Prohibited use of the Platform

5.1. The content of the Platform may (with the exception of own Advertisements) never be copied, modified, reproduced or made public, except for RSS feeds for personal use and/or news items up to a maximum of 100 Advertisements or 100 hyperlinks to Advertisements. The exception covers, for example, use in personal weblogs or other personal websites.

5.2. The User is not permitted to collect personal data of Advertisers (including email addresses and telephone numbers) and/or to approach Advertisers to offer their own products and/or services.

5.3. The database of Advertisements is subject to the database right of Ani-Malls. This means, among other things, that the User is not permitted to extract and re-utilise a substantial part of the contents of the database of Advertisements and/or to repeatedly and systematically extract non-substantial parts of the contents of the database of Advertisements within the meaning of the Databankenwet, unless the above exception for personal use and/or news items has been satisfied. Nor is the User permitted to display hyperlinks to Advertisements on another website, unless prior written consent of Ani-Malls has been obtained, or unless the above exception for personal use and/or news items has been satisfied.

5.4. It is not permitted to place Advertisements on the Platform by means of an automated system, or in any manner other than via the ‘Publish’ button on the Platform, unless Ani-Malls has given permission to do so.

5.5. It is not permitted to place Advertisements on behalf of or by order of third parties, unless Ani-Malls has given permission to do so.

5.6. It is not permitted to create an account on the Platform with a temporary email address, also known as a disposable email address.

5.7 All intellectual property rights in and to the Platform itself, including but not limited to copyrights (including in the logo), trademark rights (including the Benelux trademark for the name Ani-Malls), trade name rights and database rights, are vested exclusively in Ani-Malls. This does not affect any intellectual property rights of Users in content they themselves upload to the Platform, the use of which is governed by article 20 of Chapter II.

  1. Information obligations for Advertisers

6.1. All Advertisers must correctly provide their capacity (business or private) and personal (contact) details or company details and ensure that these are correct and up to date.

6.2. If statutory (information) obligations apply, the Advertiser must comply with them. If Ani-Malls is legally obliged to identify the Advertiser or to request additional (company or contact) information, for example on account of tax legislation, the Advertiser is obliged to provide the information without delay.

  1. Content moderation

7.1 To ensure that the Platform remains safe and clean, Ani-Malls uses human review to identify content that is manifestly contrary to the law and/or the General Terms and Conditions. Ani-Malls cooperates with authorities to reduce trade in prohibited products and/or to combat fraud and deception. Messages exchanged by Users via the messaging function of the Platform (a “Message”) are not systematically reviewed by Ani-Malls. Ani-Malls may access and review Messages only to the extent reasonably necessary to comply with a legal obligation, to investigate a report or to prevent or combat fraud, deception or other misuse of the Platform. Where a breach is established, Ani-Malls may take the measures described in article 8. The purposes, the legal basis and the retention period for the processing of Messages and attachments are set out in the Privacy Statement.

  1. Breaches and possible measures by Ani-Malls

8.1. When using the Platform, every User must comply with the law and the General Terms and Conditions.

8.2. For reporting illegal and infringing Advertisements, offensive content and other problems, Ani-Malls requests Users to use the system Reporting & moderation. Complaints about fraud can be reported via the option Contact.

8.3. If Ani-Malls receives indications and/or complaints from Users or third parties, or for other reasons is of the opinion that a particular User is not acting in accordance with the law and/or the General Terms and Conditions, then Ani-Malls may – if it sees cause to do so – for reasons of safety and to protect the Platform, take, among others, the measures set out below. Ani-Malls may also take these measures on its own initiative if a User uses the Platform in an unreasonable manner (for example by causing nuisance or damage):

  1. Ani-Malls may exclude the relevant User (whether or not temporarily) from the Platform or the services of Ani-Malls, or restrict certain functionalities for this User. For example: suspension of the account of the relevant User, the removal of reviews, the restricted ability to place Advertisements or responses; and/or
  2. Ani-Malls may remove one or more Advertisements of the User without refund of the amount paid by the User; and/or
  3. Ani-Malls may suspend obligations towards the User and temporarily block (out)payments to which a User is entitled (whether or not with the help of its payment service provider) for as long as the User does not comply with an obligation under these General Terms and Conditions, after having been summoned to do so by Ani-Malls.

8.4. In particular, Ani-Malls may, for a reasonable period or for an indefinite period, suspend the provision of services to Users who regularly (manifestly) place Advertisements in breach of these General Terms and Conditions, or otherwise manifestly provide illegal content. Ani-Malls may also, for a reasonable period or an indefinite period, suspend the processing of notices and complaints submitted by persons, entities or complainants who regularly submit manifestly unfounded notices or complaints via the system Reporting & moderation. or the complaint-handling system. Examples of manifestly unfounded notices include: notices without a reasonable basis or evidence, repeated notices about content that has already been established as lawful, notices made in bad faith with the intention of harassing others, and notices containing false or misleading information. The duration of a suspension is proportionate to the seriousness of the misuse. In the event of particularly serious misuse, Ani-Malls may apply a longer suspension period.

8.5. Which measures Ani-Malls takes in a specific case and for how long those measures are imposed depends on the facts and circumstances. In this regard, Ani-Malls takes into account, among other things (where relevant):

  1. the (absolute) number of times a User has provided illegal content or made an unfounded notice;
  2. the relative share thereof in relation to the total activity of the User on the Platform;
  3. the seriousness of the breach, including the nature of the illegal content or notice and its consequences;
  4. where ascertainable, the intention with which the content was provided or the notice was made.

8.6. Ani-Malls may take the measures referred to in this article without warning the User in advance, for example if there is a serious or repeated breach, if the safety of the Platform or of other Users is at risk, if Ani-Malls is legally obliged to do so, or if a prior warning would undermine the effectiveness of the measure.

8.7. If Ani-Malls takes a measure that restricts the visibility of information, suspends, restricts or terminates payments, or wholly or partially suspends or terminates the service or the account of a User, on the ground that the relevant information is illegal or contrary to these General Terms and Conditions, Ani-Malls provides the User concerned with a clear and specific statement of reasons for that decision. This statement of reasons is provided at the latest at the moment at which the measure is imposed, regardless of whether a prior warning was given, and states at least the nature and, where relevant, the territorial scope and duration of the measure, the facts and circumstances underlying the decision, and the options available to the User to contest the decision, including the complaints procedure referred to in article 12. This obligation applies to the extent that the electronic contact details of the User are known to Ani-Malls and subject to the exceptions arising from applicable legislation.

8.8. Ani-Malls sends the User who submits the notice to the system Reporting & moderation, without delay, a confirmation of receipt of the notice, if the notice contains electronic contact information of the submitter. Ani-Malls also informs the User without delay of the decision regarding the Advertisement to which the notice relates.

8.9. Ani-Malls may, in the context of the above measures, process the personal data of the persons concerned. If there is cause to do so, Ani-Malls may, within the limits of the law, transfer the personal data of the persons concerned, for example to the police. How this works is further described in the Privacy policy.

  1. No guarantee for the Platform

9.1. Ani-Malls cannot guarantee that the Platform (and associated services) will always meet expectations. Nor can Ani-Malls guarantee that the Platform functions without errors and/or that continuous and/or secure access to the Platform or parts thereof can be obtained.

9.2. All information and figures on the Platform, to the extent originating from Ani-Malls, are subject to spelling or typographical errors.

  1. Limitation of liability of Ani-Malls

10.1. Ani-Malls excludes, to the extent permitted by law, liability for all damage that a User suffers as a result of:

  1. use of the services of Ani-Malls;
  2. the unavailability or insecure availability of the Platform or parts thereof;
  3. incorrect or incomplete information on the Platform;
  4. the purchase of third-party services or use of products purchased via the Platform;
  5. changes to the services of Ani-Malls or changes in or to the Platform;
  6. the User acting in breach of the General Terms and Conditions and/or applicable laws and regulations;
  7. a measure taken by Ani-Malls in respect of a User and/or Advertisement.
  8. the non-functioning, untimely, insecure or improper functioning of payment services or other third-party services offered via or integrated into the Platform, including failed, delayed, duplicate or incorrectly processed payments, direct debits, refunds or payouts, regardless of whether the relevant functionality is regarded as part of the Platform or as a third-party service, all of the foregoing save in the event of intent or deliberate recklessness on the part of Ani-Malls.

The exclusions and limitations set out in this article apply only to the extent that mandatory law does not preclude them.

10.2. If Ani-Malls is nevertheless liable for whatever reason, its liability is limited to a maximum of (a) the total remuneration that the User has paid to Ani-Malls during the 6 (six) months preceding the act giving rise to the liability, or (b) € 250, whichever is higher.

10.3. None of the provisions of this article limits or excludes liability to the extent that this is not permitted under mandatory law. To the extent that an exclusion or limitation in this article is wholly or partly invalid, it remains in force up to the maximum permitted by mandatory law.

  1. Ranking of Advertisements

The principle is that Advertisements are ranked according to the time of placement, whereby Advertisements for auctions are placed above regular Advertisements.

  1. Complaints procedure

12.1. Answers to frequently asked questions of Users can be found via the option FAQ on our Help & Info page. If you cannot find the answer to a question, please contact us via the option Contact on the Help & Info pages. Do you nevertheless have a complaint about Ani-Malls? Instructions on how to submit a complaint can be found on the Dispute resolution page.

12.2. A User may, among other things, submit a complaint about:

  1. a decision of Ani-Malls whether or not to take measures in respect of a particular Advertisement or a User, on the ground that information provided by a User contains illegal content or is incompatible with the General Terms and Conditions;
  2. an alleged breach of the Platform-to-Business Regulation (2019/1150) (to the extent applicable);
  3. technical problems; and
  4. other measures or conduct of Ani-Malls that have significant consequences for the User.

12.3. A complaint under (a) may be submitted within 6 (six) months after Ani-Malls has informed a User of this decision. Complaints about a defect in the services must be submitted in good time after discovery, whereby a period of 2 months will in any event be timely.

12.4. Complaints must be described fully and clearly. Ani-Malls handles complaints carefully and in good time. Ani-Malls will endeavour to respond within 14 (fourteen) days of the submission of the complaint.

12.5. To contest a decision of Ani-Malls concerning content moderation, a User may turn to one of the out-of-court dispute settlement bodies designated by the European Commission and included in this list. Ani-Malls points out to you that decisions of out-of-court dispute settlement bodies are not binding on you or Ani-Malls. The procedure may entail costs. More information about the procedure can be found on the website of the relevant body. This complaints procedure and the possibility of out-of-court dispute settlement do not affect the possibility for a User to submit a dispute to the competent court.

12.6. Ani-Malls is not affiliated with a recognised body for out-of-court dispute settlement for consumers as referred to in article 6:230g of the Burgerlijk Wetboek, and is not obliged or willing to make use of such a body.

  1. Changes

Ani-Malls may change the Platform or parts thereof, including the advertisement duration, renewal options, the classification of the categories, the layout of the Platform and search options, at any time and at its own discretion. To the extent required by law, Ani-Malls will announce a change before it is implemented.

  1. Other provisions

14.1. Ani-Malls is established at Dennenstraat 35, 1783 GW in Den Helder. Ani-Malls has telephone number +31 (0)6 238 056 40, and is registered with the Kamer van Koophandel under number 93030339.

14.2. Ani-Malls may amend the General Terms and Conditions or parts thereof at any time. Ani-Malls will endeavour to announce such a change within a reasonable period before it takes effect. The changes take effect within a reasonable period after they have been announced, or after the User has again used the Platform and/or the services of Ani-Malls following the change, whichever occurs first.

14.3. Ani-Malls points out to you your right to conformity in respect of digital services in accordance with the applicable consumer legislation.

14.4. If Ani-Malls does not (immediately) enforce a provision in the General Terms and Conditions, this does not result in Ani-Malls waiving the right to enforce it at a later time or against another User. Arrangements that deviate from what is provided in the General Terms and Conditions are only valid if they have been confirmed in writing by Ani-Malls. If one or more provisions of the General Terms and Conditions are declared invalid by a competent court, the remaining provisions of the General Terms and Conditions remain in force.

14.5. Notices to Ani-Malls (other than concerning infringing or otherwise unlawful Advertisements) may be addressed to Ani-Malls, Dennenstraat 35, 1783 GW in Den Helder. Notices to Users will be sent to the email address provided, or by registered post if there is cause to do so and an address is available. Notices given by registered post will be deemed to have been received 5 (five) working days after the date of dispatch.

14.6. The agreements of Ani-Malls and its General Terms and Conditions are governed by Dutch law. The applicability of article 6:227b paragraph 1 of the Burgerlijk Wetboek is excluded in all agreements for non-consumers.

14.7. In the event of a dispute arising from the aforementioned agreements or from the General Terms and Conditions, the District Court of Alkmaar (rechtbank Alkmaar) has exclusive jurisdiction to hear that dispute. By way of derogation from the foregoing, a User acting as a consumer (a natural person not acting in the exercise of a profession or business) has the possibility of submitting the dispute to the District Court of his or her place of residence. The User must, within 1 (one) month after Ani-Malls invokes the jurisdiction of the rechtbank Alkmaar, inform Ani-Malls that he or she opts for the District Court of his or her place of residence. Further possibilities for submitting a complaint or resolving a dispute are set out in article 12 of the General Provisions.

II. Rules for placing Advertisements

  1. General rules for placing an Advertisement on the Platform

1.1. Advertisements that an Advertiser places on the Platform must comply with the general rules set out below.

1.2. The following applies to the composition of an Advertisement:

  1. In each Advertisement for products, only one specific product (or one group of identical products) may be offered or sought.
  2. Every title and every text of an Advertisement must contain a description of the product or service offered or sought.
  3. Titles and texts of Advertisements may only be drawn up in English.
  4. It is not permitted to have multiple identical Advertisements online or placed on the Platform simultaneously. It is not permitted to offer the same product or the same service in more than one Advertisement at the same time on the Platform. It is not permitted to use more than one account to place multiple identical Advertisements or multiple Advertisements for the same product or the same service.
  5. If an Advertisement is removed from the Platform before the end of the initial advertisement period (or an extension of that advertisement period), it is not permitted to place an identical Advertisement or an Advertisement for the same product or the same service within the original term of that advertisement period. By way of exception thereto, it is permitted, after removal, to place an identical Advertisement or to place an Advertisement for the same product or the same service if there is a valid reason for doing so (for example, the accidental removal of the Advertisement or where the sale unexpectedly did not proceed).
  6. Every Advertisement must be placed in the most suitable category.
  7. Every Advertisement shall state all mandatory costs payable by the User in connection with the purchase or use of the product or service, including, but not limited to and where applicable, shipping costs, taxes, transfer costs, (road) preparation costs and any other unavoidable charges. Costs not stated in the Advertisement may not be charged to the User unless otherwise agreed after the conclusion of the agreement.
  8. Advertisers who, as entrepreneurs, offer their goods and services to private individuals are obliged, on the basis of article 38 of the Wet op de omzetbelasting, to state prices including VAT in an Advertisement.

1.3. Advertisement content that is not permitted:

  1. The title and the text of the Advertisement may not be misleading, inaccurate or incorrect. The title and the text must describe the product offered for sale or the service offered correctly and clearly.
  2. It is not permitted to give the impression that certain statutory rights of a User (such as the right to a product or a (digital) service or digital content that meets the specified specifications) are a distinguishing feature of the Advertisement or Advertiser, where the purchaser is already legally entitled thereto.
  3. An Advertisement may in any event not contain discriminatory, pornographic, offensive, threatening, hateful or seditious content. Nor may the content contain political messages and/or personal data of third parties or be contrary to public order or good morals.
  4. It is not permitted to place an Advertisement with the sole purpose of directly or indirectly promoting a business.
  5. It is not permitted to place photos with an Advertisement that do not relate to the product or service offered.
  6. It is not permitted to mention websites or include links to websites that are wholly or partly filled with links to advertising websites or to advertisements aimed in particular at acquiring advertising revenue by generating clicks.
  7. It is not permitted to place Advertisements that have been placed solely to generate clicks on a particular website.

  8. An Advertisement containing a species listed in Annex A (including CITES Appendix I) is prohibited on Ani-Malls unless the advertiser possesses a valid EU certificate. In that case, the certificate must be stated in the Advertisement.

  9. It is prohibited to list Advertisements containing species included on the Union List of Invasive Alien Species (Regulation (EU) No 1143/2014).

  10. It is prohibited to list Advertisements offering wild-caught animals.

1.4. With each Advertisement it is stated whether the Advertiser acts as a trader or as a private individual, on the basis of his own statement. In the case of an offer by a private Advertiser, it is also stated that the statutory rules that apply exclusively where the seller acts in the exercise of a profession or business do not apply to the agreement between purchaser and Advertiser. This concerns, among other things, the rules on consumer sale (title 7.1 of the Burgerlijk Wetboek) and the statutory right of withdrawal in the case of distance selling. The other statutory provisions applicable to the contract of sale, including those on non-conformity, mistake and fraud, continue to apply in full.

  1. Illegal or unlawful products or services

2.1. It is not permitted to offer products or services the possession and/or trade of which is prohibited or unlawful under national or international laws and regulations. Ani-Malls has compiled information on its website about Prohibited products and services. Please note: this information is not exhaustive, but merely provides an indication. Products and services that are not set out in this information may, in certain circumstances, also be prohibited or unlawful.

2.2. Both the Advertiser and the User who responds to an Advertisement must always pay close attention when offering and responding to products and services. Users must themselves be familiar with the laws and regulations relating to the relevant product or service. Ani-Malls advises Users, in case of doubt, to obtain further information or advice, for example on the website of the relevant supervisory authority.

  1. No infringement of intellectual property rights of third parties

3.1. It is not permitted to include a product in an Advertisement that infringes the intellectual property rights of third parties. This means, among other things, that it is not permitted to offer a product that:

  1. infringes the copyright of another party. This may be the case, for example, if an Advertisement contains a photo that the User did not take himself and without the photographer having given permission for it; or
  2. infringes the trademark right of another party; or
  3. infringes the design right of another party.

3.2. In the title and text of the Advertisement, only the brand name of the product offered or sought in the Advertisement may be used, and only to the extent necessary to refer to that specific product.

3.3. In the title or the text of the Advertisement, only the (trade) name or the trademark of the undertaking from which the relevant product or service originates may be used. Mentioning (trade) names or trademarks of products or services that are not offered in the Advertisement is not permitted.

3.4. The product may only be compared with other products in the text of the Advertisement and not in the title. The comparison may in no way create confusion as to the original origin of the product. In the comparison, a (trade) name or trademark belonging to the other comparable product may not be mentioned in a confusing manner.

3.5. It is not permitted to include a disclaimer in the Advertisement concerning the authenticity of the product offered in the Advertisement. Advertisers must satisfy themselves that their products are genuine and may be traded before offering them on the Platform.

  1. Reporting illegal or infringing Advertisements to Ani-Malls

4.1. Notices of Advertisements in breach of the General Terms and Conditions:

  1. Advertisements that are in breach of the General Terms and Conditions, such as Advertisements offering illegal products or having defamatory content, can be reported by anyone via Reporting & moderation.
  2. Misuse of the Reporting & moderation system is regarded as an act in breach of the General Terms and Conditions and may lead to Ani-Malls taking the measures described in article 8 of the General Provisions against the reporter concerned.

4.2. Notices in the event of infringement of intellectual property rights (see also article 3 above):

  1. Rightholders can report an Advertisement that infringes their rights and submit a request for the removal of this Advertisement by completing the Form Notice of Infringement and sending it to Ani-Malls in accordance with the instructions. Rightholders may be holders of intellectual property rights, or their authorised representatives and legal bodies. If the Form Notice of Infringement has been completed correctly and in full and has been received by Ani-Malls, and Ani-Malls reasonably concludes that there is an infringing Advertisement, the relevant Advertisement will be removed.
  2. The information requested in the Form Notice of Infringement is intended to ensure that the party reporting the Advertisement is the rightholder itself or has been officially authorised by the rightholder. That information in the form must also enable Ani-Malls to identify the Advertisement to be removed.
  3. Once Ani-Malls has received a fully and correctly completed Form Notice of Infringement for the first time, later notices can simply be sent to Ani-Malls by email via the email address communicated by Ani-Malls for that purpose.

4.3. Notices from so-called ‘trusted flaggers’ are processed and handled with priority and as quickly as possible. Trusted flaggers are certified organisations that signal illegal online content. The European Commission keeps a record on its website of which organisations in the EU have the status of trusted flagger. Trusted flaggers and authorities can reach Ani-Malls via the option Contact on Help & Info.

  1. Placing an Advertisement

5.1. An Advertisement can be placed once the Advertiser has created an account, has had his identity verified and is logged in. An Advertiser places his Advertisement via the ‘Publish’ button on the Platform.

5.2. It is not permitted for Users to provide their login details to third parties. Nor is it permitted to use the login details of third parties for placing Advertisements.

  1. Conclusion of the advertisement agreement between Ani-Malls and Advertiser

6.1. The Advertiser can create an Advertisement via the ‘Publish’ button. The Advertisement Agreement (the “Advertisement Agreement“) is concluded when the Advertisement is successfully submitted for publication on the Platform. Where publication of the Advertisement requires payment, acceptance for publication takes place only after the applicable payment procedure has been successfully completed.

6.2. Of each Advertisement Agreement, Ani-Malls retains, after removal of the Advertisement, only the following data: ID, title, linked account, price (if regular), current bid (if auction), linked purchaser (if sold), category of the animal, sex of the animal, maturity of the animal and genetics of the animal. Ani-Malls does not retain these data longer than is necessary for the purposes for which they are processed, or for as long as Ani-Malls is legally obliged to do so. The applicable retention periods and the grounds for the processing are described in the Privacy Statement. After expiry of the applicable retention period, the data are deleted or anonymised. For as long as Ani-Malls retains the data, the Advertiser can request them by stating the email address with which the Advertisement was placed and the URL of the Advertisement, by contacting Ani-Malls via the option Contact on Help & Info.

  1. Duration of Advertisements and the Advertisement Agreement

7.1. Advertisements remain available on the Platform for the placement period selected by the Advertiser or otherwise determined by Ani-Malls. Upon expiry of the applicable placement period, the Advertisement automatically expires unless renewed, extended or removed earlier in accordance with these General Terms and Conditions.

7.2. The Advertisement Agreement remains in force for as long as the Advertisement is available on the Platform for its intended purpose and ends automatically upon the first of the following events:

  1. removal of the Advertisement by the Advertiser, where permitted under these General Terms and Conditions;
  2. the Advertisement is marked as “Sold”;
  3. expiry of the Advertisement in accordance with article 7.1;
  4. removal of the Advertisement by Ani-Malls in accordance with article 8 of the General Provisions.

7.3. For an Advertisement for an auction, the following applies in addition to the foregoing:

  1. Once payment for publication has been successfully completed and the Advertisement has been published, the Advertiser may not modify or remove the Advertisement during the entire auction period.
  2. The term of the auction is extended by 2 (two) minutes each time a bid is placed in the final minute before the expiry of the term then in force. This extension repeats for as long as a bid is placed in the final minute of the successively extended term.
  3. If the product or service has not been sold upon expiry of the term, the Advertisement reverts to the status of draft and the Advertisement Agreement ends. The Advertiser may thereafter modify the Advertisement
  4. The re-publication of an auction Advertisement that has reverted to the status of draft constitutes a new Advertisement for which a new Advertisement Agreement is concluded. The applicable publication fee shall again become payable in accordance with article 14, regardless of whether payment has already been made for the earlier publication of that Advertisement; that earlier payment related solely to the publication period that has already elapsed.

7.4. The end of the Advertisement Agreement does not affect:

  1. any agreement concluded between an Advertiser and a User through the Advertisement;
  2. any rights or obligations that by their nature survive the end of the Advertisement Agreement;
  3. the retention and processing of data by Ani-Malls in accordance with the Privacy Statement and these General Terms and Conditions.
  1. Right of withdrawal

8.1. The right of withdrawal as referred to in article 6:230o of the Burgerlijk Wetboek may, in certain cases, apply to services that an Advertiser acting as a consumer obtains from Ani-Malls. If the right of withdrawal applies, the Advertiser may withdraw an Advertisement Agreement or an agreement for related services within 14 (fourteen) days after the conclusion of the relevant agreement. Ani-Malls makes information about how withdrawal works and a withdrawal form for exercising this right available by means of its Withdrawal Document.

8.2. The right of withdrawal does not in any event apply to Advertisements that: (i) have been removed from the Platform pursuant to the provisions of the General Terms and Conditions (including pursuant to article 8 of the General Provisions), or (ii) have been placed by Users who are excluded from the services of Ani-Malls or to whom certain restrictions apply, or (iii) where the product or service has been sold.

8.3. If the right of withdrawal referred to in article 8.1 of the Rules for placing Advertisements applies to the placed Advertisement, the Advertiser owes a proportionate fee for the services provided by Ani-Malls up to the moment of withdrawal. In certain cases, this proportionate fee will be calculated on the basis of the number of days remaining of the agreed advertisement period and/or the average number of bids on products or services for Advertisements in the same category, as determined by Ani-Malls from time to time.

8.4. If the Advertiser makes use of the right of withdrawal, Ani-Malls repays the price paid without delay and no later than within 14 (fourteen) days after receipt of the withdrawal, using the same means of payment as that with which payment was made, without costs for the Advertiser. Ani-Malls deducts therefrom a proportionate fee for the part of the service already performed, only if the Advertiser, before the commencement of the service, expressly requested that the provision of services commence during the withdrawal period and was thereby informed of this fee and the method of calculating it. If these conditions are not satisfied, Ani-Malls repays the full amount.

  1. Buying without negotiating

9.1. An Advertiser may choose to offer a product or service in a regular Advertisement or an auction Advertisement for immediate purchase by means of the “Buy and pay now” button. Where the User accepts that offer by using the “Buy and pay now” button, an agreement is concluded directly between the Advertiser and the User, without further negotiation or communication. Ani-Malls merely facilitates this functionality and is not a party to that agreement.

9.2. What all Users should know about immediate purchasing:

  1. The Advertiser sets an asking price for which the Advertiser wishes to offer the product or service directly;
  2. The asking price referred to under (a) is displayed on the Platform together with all mandatory costs payable by the User, including, where applicable, shipping costs.
  3. By way of derogation from article 1 of the Rules for placing Advertisements, in the case of direct purchasing the Advertiser’s asking price including the cost items under (b) constitutes an offer in the Advertisement that can be accepted directly by a User.
  4. If a User ultimately clicks on the “Buy and pay now” button, the agreement between the Advertiser and the User is concluded.
  1. Offers on regular Advertisements

10.1. An Advertiser may enable Users to submit an offer for a product or service offered in a regular Advertisement.

10.2. An offer submitted by a User constitutes a binding offer to conclude an agreement on the terms contained in that offer. The button used to submit an offer states, in an unambiguous manner, that submitting an offer is binding and that, upon acceptance by the Advertiser, a binding agreement is concluded. The User remains bound by the offer until it is rejected by the Advertiser, expires in accordance with these General Terms and Conditions or is otherwise withdrawn where permitted by law.

10.3. Where the Advertiser accepts the User’s offer, an agreement between the Advertiser and the User is concluded at the moment the acceptance reaches the User.

10.4. If an Advertisement is no longer available on the Platform, all outstanding offers relating to that Advertisement automatically lapse.

10.5. It is not permitted to place offers on Advertisements with the sole purpose of disrupting the offer process.

  1. Auctions

11.1. A bid at an online auction is binding; the winning bidder is obliged to take delivery of the product or service. The bidding button states, for every bidder, in an unambiguous manner, that a winning bid leads to a payment obligation. Where the Advertiser acts as a trader and the bidder as a consumer, this statement also serves to fulfil the statutory obligation in this respect.

11.2. An auction on the Platform is a purely online auction: bids can only be submitted by electronic means and there is no possibility of physical attendance. Such an auction is not a public auction within the meaning of article 6:230g paragraph 1 of the Burgerlijk Wetboek.

11.3. To the extent that mandatory official supervision applies to an auction held via the Platform, Ani-Malls ensures that a notary or bailiff is enabled to exercise adequate supervision over the conduct of the auction. Ani-Malls may suspend or remove an auction if this supervision cannot be guaranteed.

  1. Down payments

12.1. Following the conclusion of an agreement between the Advertiser and the User, the applicable down payment shall be paid through the payment service designated by Ani-Malls. In the case of a Buy Now purchase, the down payment is payable immediately as part of the purchase process. In the case of an accepted offer or a winning auction bid, the purchaser shall pay the down payment within 48 hours after conclusion of the agreement. Failure to pay the down payment when due constitutes a failure to perform the obligations arising from the agreement and does not automatically terminate that agreement.

12.2. Unless otherwise provided by an applicable Subscription, the down payment amounts to 25% of the sale amount. Where the Advertiser holds a Subscription that permits a different down payment percentage, the Advertiser may determine the percentage for the relevant Advertisement within the limits established by Ani-Malls. The applicable percentage shall be displayed in the Advertisement and cannot be changed after publication.

12.3. The down payment shall be processed through the payment service designated by Ani-Malls. An amount equal to 6% of the sale amount shall be retained by Ani-Malls as a platform fee. The remainder of the down payment shall be paid out to the Advertiser.

12.4. Upon successful payment of the down payment, the Advertiser shall reserve the product or service exclusively for the User (purchaser) for the reservation period specified in the relevant Advertisement. The Advertiser shall initiate the performance of the agreement within 7 days after receipt of the down payment. During the reservation period, the Advertiser and the User shall cooperate in good faith and use reasonable efforts to perform the agreement.

12.5. If the agreement is dissolved pursuant to applicable law as a result of the Advertiser’s failure to perform his obligations under the agreement, the Advertiser shall repay to the User the full amount of the down payment paid by the User. The part of the down payment paid to Ani-Malls as the platform fee shall remain payable by the Advertiser and shall not be refunded by Ani-Malls.

12.6. Ani-Malls is not a party to the agreement concluded between the Advertiser and the User and does not guarantee or accepts responsibility for enforcing the performance of the obligations arising from that agreement, including any obligation to repay the down payment.

12.7. This Article applies to every agreement concluded through the Platform, irrespective of whether the agreement is concluded through:

  1. the acceptance of an offer;
  2. buying without negotiation; or
  3. an auction.
  1. Import and export

The User (purchaser) is responsible for import duties, VAT, customs obligations, an import licence and certification, if applicable. The Advertiser (seller) is also responsible for complying with customs obligations, and is furthermore responsible for an export licence, certificate of origin or other certificates, if applicable. The purchaser and seller are themselves responsible for complying with the legislation applicable to import and export, and Ani-Malls is not liable for legal breaches arising from an agreement between the purchaser and seller.

  1. Payments

14.1. When choosing the type of Advertisement (regular or auction), the associated price is made known, if applicable. An overview of the costs for placing an Advertisement can be found on the page Fees and payouts.

14.2. The obligation to pay the price applies from the moment of placement of the Advertisement. If payment is not made or not made in good time, Ani-Malls is entitled to remove the placed Advertisement and to still charge the amount due. Ani-Malls is entitled to suspend or terminate your use of its services if direct debits cannot be carried out or are reversed through your fault, regardless of the reason. In that case, Ani-Malls is entitled to block your account number for future direct-debit instructions on Ani-Malls.

14.3. If payment is not made in good time, Ani-Malls is also entitled to charge statutory commercial interest. If the relevant Advertiser, after a notice of default, fails to pay the full amount due, Ani-Malls is entitled to engage a debt-collection agency and to block the services of Ani-Malls for the relevant Advertiser. The judicial and extrajudicial costs of the collection will be at the expense of the Advertiser.

  1. Turnover tax

15.1. When rates are stated and at checkout, it is displayed which turnover tax or comparable levy applies and whether it is included in the rate. Users who do not act in the exercise of a profession or business are shown rates inclusive of that turnover tax or levy; an increase of the amount charged to them as a result thereof qualifies as a rate change within the meaning of article 4.2 of Chapter IV. Users who act in the exercise of a profession or business are charged the turnover tax or levy due on top of the rate displayed, at checkout; this does not qualify as a rate change within the meaning of article 4.2 of Chapter IV. Every transaction is provided with an invoice. For Subscriptions or other payments made via the Platform, the User receives a separate invoice at the time the periodic rate or the payment is settled. Invoicing takes place digitally, provided the customer agrees to this.

15.2. If a User has provided Ani-Malls with a continuous authorisation for the collection of amounts owed by the User to Ani-Malls, Ani-Malls will, before Ani-Malls collects an amount from the designated bank account, notify the User thereof by email at least 1 (one) day in advance.

  1. No prior review

Advertisers and Users must themselves carry out sufficient research and adequately inform themselves before placing an Advertisement. After the steps have been completed, the Advertisement is placed automatically. The Advertiser is himself responsible for the safety or lawfulness of the advertised products or services, the accuracy of the offers, the authority to sell products or offer services and/or the authority of Users to buy products or obtain the services.

  1. Indemnification of Ani-Malls by User

17.1. Every User indemnifies Ani-Malls against all third-party claims relating to damage connected with (i) an (alleged) breach by a User of these General Terms and Conditions, (ii) the content of an Advertisement (including the absence of legally required pre-contractual information) or (iii) products or services traded via the Platform, whereby points (ii) and (iii) apply only to a User who is also the relevant Advertiser (or has been).

17.2. The conditions for the limitation of the liability of Ani-Malls are set out in article 10 of the General Provisions.

  1. Liability and recourse in connection with the payment service

18.1. For the use of the payment service, every User has a linked payment account with the payment service provider of Ani-Malls (a “Connected Account“). “Negative Balance” means: a negative balance on the Connected Account of a User resulting from transactions, chargebacks, refunds, payment disputes (chargebacks) or reversals where that User is the settlement seller, as well as the related costs, fines and levies that the payment service provider or a competent authority charges to Ani-Malls.

18.2. Every User is liable to Ani-Malls for a Negative Balance on his Connected Account and indemnifies Ani-Malls against all amounts that the payment service provider charges to Ani-Malls or recovers from Ani-Malls by virtue of the activity on that Connected Account. This indemnification applies regardless of whether the underlying activity was initiated by the User himself.

18.3. Ani-Malls is entitled to set off a Negative Balance and the costs referred to in article 18.1 against, or to deduct them from, credits or amounts payable that Ani-Malls owes or will owe to the relevant User. To the extent that set-off or withholding is insufficient, the User is obliged to pay the remaining amount within 14 (fourteen) days of a request to that effect from Ani-Malls.

18.4. By way of derogation from articles 18.2 and 18.3, a User acting as a consumer is liable to Ani-Malls for a Negative Balance only to the extent that this can be attributed to him. The set-off and withholding referred to in article 18.3 leave the mandatory rights of the consumer unaffected.

18.5. This article leaves the indemnification of article 17 and the other rights and remedies of Ani-Malls unaffected.

  1. Changes to advertisement rates

Ani-Malls may change the prices of the paid Advertisements at any time. If, during the term of an Advertisement Agreement, a price increase occurs that exceeds the CBS consumer price index figure, the Advertiser has the right to terminate this Advertisement Agreement. On the page Fees and payouts the costs for placing an Advertisement can be found.

  1. The Advertisement may also be published elsewhere

20.1. Ani-Malls may use the Advertisement and its content for its own publicity purposes. This means, among other things, that an Advertisement or a part thereof may be shown by us via other distribution channels.

20.2. By placing an Advertisement, the Advertiser grants Ani-Malls a free, non-exclusive licence to use, reproduce, distribute and make public the Advertisement and its content for the display and promotion of the Advertisement on and via the Platform and the distribution channels connected thereto. This licence applies for the duration that the Advertisement is on the Platform and a reasonable period thereafter for promotional expressions already made. The Advertiser warrants that it is authorised to grant this licence.

20.3. Ani-Malls may, for publicity purposes, grant third parties access to an Advertisement to enable them to promote this and other Advertisements on third-party websites, by email and by means of other channels. These promotions may contain (parts of) the Advertisement.

20.4. The layout of Advertisements may be changed by Ani-Malls so that the Advertisements are clearly accessible via all media, such as mobile telephones.

 

III. Additional conditions for business advertising

  1. General

1.1. These additional conditions for business advertising apply exclusively to an Advertiser who acts in a commercial or professional capacity, for purposes relating to his trade, business, craft or professional activity (“Business User“) in the context of his activities on or in connection with the Platform, regardless of the product or service offered.

1.2. An Advertisement placed via the Platform is visible via all media that (can) display the Platform. Advertisements may also be visible on external sites.

  1. Restrictions of services; taking of measures

2.1. If Ani-Malls takes a measure against a Business User as referred to in article 8 of the General Provisions, Ani-Malls provides that Business User with a statement of reasons for the relevant decision on a durable medium. The moment at which this statement of reasons is provided depends on the nature of the measure, as further specified in paragraphs 2.2 and 2.3.

2.2. In the case of a restriction or suspension of the services in respect of individual Advertisements or services of the Business User, Ani-Malls provides the statement of reasons before or at the moment at which the restriction or suspension takes effect.

2.3. If Ani-Malls decides to terminate the provision of the entirety of its services to a Business User, Ani-Malls provides that Business User, in principle, with a statement of reasons for that decision at least 30 (thirty) days before the termination takes effect. Ani-Malls does not observe this period to the extent permitted by law, for example in the event of repeated breaches or other circumstances in which a statutory exception to the period applies.

2.4. The statement of reasons referred to in this article applies in addition to, and without prejudice to, the obligation to state reasons that exists towards every User pursuant to article 8.7 of the General Provisions. To the extent that both obligations apply to a measure, Ani-Malls provides the statement of reasons no later than the earliest of the moments arising from both provisions and observing the most protective requirements as to the content thereof.

2.5. The Business User has the opportunity to explain the facts and circumstances underlying a measure via the complaints procedure referred to in article 12 of the General Provisions. If Ani-Malls withdraws a restriction, suspension or termination, Ani-Malls restores the access of the Business User without undue delay, including his access to the data resulting from the use of the services before the measure.

  1. Ancillary services of Business Users

3.1. As described in article 2 of the General Provisions, ancillary services may be offered to Users by third parties via the Platform. With the exception of payment services, the Business User is, in principle, permitted to offer his own ancillary services, such as a shipping service, unless expressly agreed or provided otherwise.

3.2. By way of derogation from article 3.1, all payments effected via the Platform must be processed exclusively through the payment service designated by Ani-Malls. The Business User is not permitted to offer, use or require any other payment service or payment method for transactions concluded via the Platform. This exclusivity serves the integrity and security of the payment flow on the Platform, including the down-payment and settlement arrangements set out in these General Terms and Conditions, and forms part of the manner in which Ani-Malls provides its services.

3.3. Ani-Malls may replace the designated payment service provider. Ani-Malls will announce such a change in accordance with article 7 of these conditions.

  1. Access to data by Ani-Malls and the Business User

4.1 Ani-Malls has, during the agreement with the Business User, and for a period thereafter, access to information about Business Users in the context of its services. These are data provided by Business Users when using the Platform or that are generated, or that are used to perform the content licence. Consider, in this regard, information that Business Users provide to Ani-Malls when they register (such as personal data), all kinds of information needed for creating an account, the content of messages, and content. Information generated during the use of the Platform by Ani-Malls is, for example, information about placed Advertisements, settings for the display of Advertisements, payment information (if applicable) and communication between Users.

4.2 A Business User obtains the information necessary to be able to use the Platform and any agreed ancillary services, such as messages, contact information of (potential) purchasers and relevant information about his Advertisement(s). A Business User has access, during the term of his agreement with Ani-Malls, to his account and associated information, such as Advertisement content and information and communication with other Users.

4.3 If Ani-Malls provides data that have been provided or generated to third parties and this is not necessary for the services, information about this will be provided to the Business User, to the extent required by law.

4.4 After the termination of the agreement with the Business User, Ani-Malls may retain information about and data of the account of the Business User to the extent permitted/required by law.

  1. Mediation

5.1 If there is a dispute between a Business User and Ani-Malls, Business Users can submit a complaint via the procedure described in article 12 of the General Provisions. If no solution is found, the parties may also attempt to reach agreement by means of mediation. Ani-Malls and the Business User are free to appoint a mediator jointly chosen by them.

5.2 Ani-Malls considers reasonable requests to resolve the dispute by means of market-recognised dispute settlement bodies as an alternative to legal proceedings.

  1. Termination of the agreement

The Business User can, in principle, terminate his agreement with Ani-Malls at any time by deleting his account, unless agreed otherwise in writing, in which case that agreed arrangement prevails over this article.

  1. Amendment of the conditions

Amendment of the conditions towards Business Users is announced at least 15 days before entry into force on a durable medium, subject to the statutory exceptions. The Business User can terminate the agreement before the expiry of this period.

IV. Subscriptions

  1. Scope and conclusion

1.1. This chapter applies to the agreement whereby Ani-Malls grants a User access, against a periodic fee, to a set of services and functionalities of the Platform (a “Subscription”). Ani-Malls offers monthly subscriptions and annual subscriptions.
1.2. Prior to the conclusion of the Subscription, Ani-Malls states in a clear and prominent manner, directly before the order button: the type of subscription, the total rate, the services to be provided and the applicable limits, the term, the manner of renewal or conversion, and the notice period. The General Terms and Conditions are made available before the Subscription is concluded.
1.3. The Subscription is concluded by clicking the button “Order and pay now”, thereby creating a payment obligation. Ani-Malls confirms the Subscription without delay on a durable medium, enclosing the General Terms and Conditions and the model withdrawal form.

  1. Term, renewal and conversion

2.1. A monthly subscription is entered into for a term of one month and is tacitly continued for one month at a time. The User may terminate the monthly subscription at any time, observing a notice period of one month.
2.2. An annual subscription is entered into for a term of one year. Upon expiry of that term, the annual subscription is continued by operation of law as the corresponding monthly subscription at the rate then applicable. The User may terminate the Subscription so continued at any time, observing a notice period of one month. The annual subscription is not tacitly renewed for a further period of one year.
2.3. No later than one month before the end of the annual term, Ani-Malls notifies the User by email of the conversion, of the rate applicable after the conversion, and of the possibility to terminate the Subscription or to enter into a new annual subscription.

  1. Termination and consequences of termination

3.1. The User terminates the Subscription via his account environment on the Platform. Termination is possible in a manner at least as simple as the conclusion of the Subscription.
3.2. During the notice period, the services attached to the Subscription and the credits already granted remain available. Where part of the notice period falls outside a full subscription period, no new periodic subscription credits are granted for those days and the rate is due pro rata for those days. Ani-Malls informs the User of these consequences before the termination is confirmed.
3.3. The quantities included in the Subscription apply per subscription period and are not carried over to a subsequent period. Upon termination, the quantities included in the current period remain available until the end date.
3.4. If, after termination or modification of the Subscription, the number of Advertisements or the number of photographs per Advertisement exceeds the maximum applicable to the new situation, the Advertisements exceeding that maximum are set to draft status. The User may place these Advertisements online again himself, within the limits applicable to the new situation. Ani-Malls informs the User of these consequences before the termination or modification is confirmed. An Advertisement in which an auction is running is not set to draft status and remains online until the end of that auction. Advertisements for which the User has paid separately remain online for the remainder of the advertisement period.

  1. Rates, payment and rate changes

4.1. The rate is payable in advance. To that end, the User grants Ani-Malls a continuous direct-debit authorisation. Ani-Malls announces each direct debit in advance in accordance with article 15.2 of Chapter II.
4.2. Ani-Malls may change its rates. A change takes effect for an existing Subscription no earlier than one month after notification thereof to the User and not within three months after the conclusion of the Subscription. The User may terminate the Subscription as at the date on which the change takes effect.

4.3. Article 4.2 does not apply to the rate applicable after the conversion referred to in article 2.2, provided that rate was stated in the notification referred to in article 2.3.

  1. Right of withdrawal

5.1. A User who enters into the Subscription as a consumer may withdraw from the Subscription within 14 (fourteen) days after its conclusion without giving reasons. The User may use the model withdrawal form for that purpose.
5.2. Nothing in these General Terms and Conditions limits any statutory right of withdrawal available to a consumer under applicable law. Where the User expressly requests immediate performance of the Subscription or of individual services provided under the Subscription during the withdrawal period, the statutory consequences of such request shall apply.
5.3. The User owes a proportionate fee upon withdrawal if (a) he has expressly requested that the services commence during the withdrawal period, and (b) he was informed, before making that request, of the fee and the method of its calculation. The fee is equal to the part of the rate that is proportionate to the number of days the Subscription has lasted, in relation to the full term. If either requirement is not met, the User owes no fee.
5.4. Ani-Malls refunds the amount due without delay and at the latest within 14 (fourteen) days of receipt of the withdrawal, using the same means of payment, at no cost to the User.

  1. Scope of the services

6.1. Limits and functionalities apply per type of subscription, including the number of Advertisements, the number of photographs per Advertisement, the number of auctions included in the Subscription, the right to set the percentage of the down payment as referred to in article 12.2 of Chapter II, and access to the messaging function. These limits and functionalities are displayed per type of subscription on the Platform.

6.2. Ani-Malls may change the limits and functionalities referred to in article 6.1. A change that materially reduces the scope of the services for an existing Subscription takes effect no earlier than one month after notification thereof to the User; the User may terminate the Subscription as at the date on which the change takes effect.