LUNAVI CAPRICE

 

GENERAL TERMS AND CONDITIONS FOR THE RESERVATION AND PURCHASE OF ANIMALS

 

These General Terms and Conditions establish the standard terms governing the reservation, purchase, and transfer of animals from LunaVi Caprice.

 

Their purpose is to provide both parties with a clear and transparent understanding of their respective rights and responsibilities, the documentation accompanying the animal, the animal’s condition at the time of transfer, and the procedure to be followed should any questions or concerns arise after the purchase.

 

The Buyer is given the opportunity to review these Terms and Conditions before making any payment.

 

By paying the reservation fee, the full purchase price, or any other agreed amount in relation to a specific animal, the Buyer confirms that these Terms and Conditions were made available to them prior to payment, that they have read and understood them, and that they accept them in full.

 

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1. SELECTION OF THE ANIMAL

 

Before an animal is reserved, the Kennel/Cattery provides the Buyer with current photographs, videos, and all relevant information available regarding the selected animal.

 

Upon prior arrangement, the Buyer may also be offered the opportunity to see the animal in real time via video call.

 

The Buyer makes their own decision to purchase a particular animal based on the information provided.

 

For each individual transaction, the following details may additionally be recorded:

 

• breed;

• sex;

• date of birth;

• colour;

• registered or temporary name;

• microchip number, where already available;

• PET or BREED status;

• total purchase price;

• amount of the reservation fee paid.

 

Payment of the reservation fee confirms the Buyer’s selection of the specific animal and acceptance of the principal terms agreed for its purchase.

 

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2. RESERVATION

 

An animal shall be considered reserved only after the Seller has received a reservation fee equal to 30% of the agreed total purchase price of the animal.

 

Until the reservation fee has actually been received, the Kennel/Cattery remains entitled to offer the animal to other prospective buyers.

 

Once the reservation fee has been received, the selected animal is withdrawn from sale and will no longer be offered to other prospective buyers.

 

The reservation fee forms part of and is credited towards the total purchase price.

 

If, after making the reservation, the Buyer decides for any reason of their own to withdraw from the purchase, the reservation fee is non-refundable, as the Kennel/Cattery has withdrawn the animal from the market, declined other potential buyers, and undertaken the organisational and financial commitments associated with the reservation, to the extent permitted by applicable law.

 

If the transfer of the selected animal becomes impossible for reasons arising on the part of the Kennel/Cattery before the animal is transferred, the Buyer will be offered either:

 

another animal of comparable quality or a refund of the amount actually paid, at the Buyer’s choice, unless mandatory provisions of applicable law require otherwise.

 

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3. PAYMENT OF THE REMAINING BALANCE

 

The remaining balance of the purchase price must be paid within the period agreed between the parties and, in all cases, before the animal is transferred to the Buyer, unless otherwise agreed in writing.

 

The animal, original documentation, and transfer of ownership, where such transfer applies to the relevant sale category, may be provided only after the Kennel/Cattery has received the full agreed purchase price.

 

Transportation costs, courier services, additional veterinary documentation, additional examinations, boarding beyond the agreed transfer date, and any other additional services are not included in the purchase price, unless expressly agreed otherwise.

 

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4. CONDITION OF THE ANIMAL AT THE TIME OF TRANSFER

 

The Kennel/Cattery transfers to the Buyer an animal that, at the time of transfer, is clinically healthy and shows no signs of illness known to the Kennel/Cattery.

 

The animal will have received the vaccinations, preventive treatments, and veterinary procedures appropriate to its age and required under the applicable veterinary rules.

 

The Buyer acknowledges that a puppy or kitten is a living and developing animal whose future health, appearance, temperament, and development may be influenced by genetic factors as well as nutrition, environment, care, veterinary treatment, and other circumstances following transfer.

 

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5. HIDDEN AND LATENT HEALTH CONDITIONS

 

A routine veterinary examination cannot identify every possible disease, congenital condition, or individual physiological characteristic.

 

The Kennel/Cattery does not guarantee the absence of hidden, latent, congenital, or other medical conditions that showed no clinical signs at the time of transfer and could reasonably have been identified only through specialised or advanced diagnostic procedures, including, but not limited to, laboratory testing, genetic testing, ultrasound, radiography, CT, MRI, echocardiography, or other specialist examinations.

 

The subsequent diagnosis of such a condition does not, in itself, constitute evidence that the condition was known to the Kennel/Cattery at the time of transfer.

 

The Kennel/Cattery will not knowingly withhold from the Buyer any material information concerning the health of the selected animal of which it is aware.

 

Genetic testing of the parents is an important tool for reducing the risk of certain hereditary diseases; however, it does not constitute a lifetime health guarantee for their offspring and cannot exclude the possibility of other genetic, congenital, or acquired conditions developing during the animal’s lifetime.

 

This Section applies to the fullest extent permitted by mandatory provisions of applicable law.

 

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6. HEALTH AND CARE AFTER TRANSFER

 

Following transfer, the animal’s health and wellbeing depend upon circumstances that are no longer within the Kennel/Cattery’s control.

 

The Buyer assumes responsibility for providing appropriate accommodation, nutrition, safety, care, and veterinary attention.

 

The Kennel/Cattery shall not be responsible for illness, injury, or deterioration in health resulting from:

 

• inappropriate housing or nutrition;

• sudden changes in diet;

• failure to follow veterinary recommendations;

• exposure to infectious animals or an unsafe environment;

• delay in obtaining veterinary attention;

• self-administered or inappropriate treatment;

• injury or accident;

• transportation carried out by independent third parties;

• any other circumstances arising after transfer and outside the reasonable control of the Kennel/Cattery.

 

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7. PROCEDURE FOR HEALTH-RELATED CLAIMS

 

If, after receiving the animal, the Buyer becomes aware of a condition which they believe existed prior to transfer and may give rise to a claim against the Kennel/Cattery, the Buyer should notify LunaVi Caprice in writing without undue delay and provide all available veterinary documentation.

 

The documentation should allow the animal to be clearly identified and should contain details of the examinations performed, diagnosis, relevant test results, and the veterinary practice or specialist responsible for the examination.

 

Where reasonably necessary to establish the nature, origin, or cause of the condition, the Kennel/Cattery may request additional diagnostic information and/or an independent second veterinary opinion.

 

A verbal opinion, assumption, or informal statement made by a veterinarian, or a message sent through social media or a messaging application without supporting veterinary documentation, shall not in itself constitute sufficient evidence of the cause or origin of a medical condition.

 

Any claim will be considered in light of the complete veterinary documentation and the individual circumstances of the case.

 

Nothing in this procedure limits any rights of the Buyer which cannot lawfully be excluded or restricted under applicable mandatory law.

 

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8. VETERINARY DOCUMENTATION

 

Every animal is transferred with:

 

a veterinary passport;

a microchip; and

records of all age-appropriate vaccinations and veterinary treatments already performed.

 

For international movement, any additional documentation legally required for the relevant destination will also be arranged as applicable.

 

Where lawful transportation requires an official veterinary certificate issued by a State Veterinary Inspector, the appropriate certificate will be obtained in accordance with the applicable procedure.

 

The Buyer is responsible for providing the Kennel/Cattery with accurate and timely information regarding the country of destination and the intended method of transportation.

 

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9. PET / BREED DOCUMENTATION

 

The animal’s category is determined before the reservation is made.

 

MAINE COON

 

PET: The Buyer receives a pedigree indicating PET status.

 

BREED: The Buyer receives the applicable BREED pedigree together with the relevant Transfer of Ownership documentation.

 

TOY POODLE

 

PET: The Buyer receives an official LunaVi Caprice Kennel Certificate. An official breeding pedigree and Transfer of Ownership documentation are not provided.

 

BREED: The Buyer receives the official Pedigree together with the relevant Transfer of Ownership documentation.

 

The PET or BREED category and the corresponding purchase price are agreed before payment of the reservation fee.

 

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10. BREEDING RIGHTS

 

An animal purchased as PET is sold exclusively as a companion animal and is not intended for breeding.

 

The purchase of a PET animal does not grant the Buyer breeding rights.

 

Breeding rights are granted only in respect of an animal purchased in the BREED category.

 

BREED status means that the animal is sold with breeding rights and the corresponding documentation. It does not constitute a guarantee of future fertility, successful mating or pregnancy, the number or quality of offspring, or the future success of the animal in a breeding programme.

 

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11. SHOW PROSPECTS

 

Where an animal is described as having show potential, as BREED/SHOW, SHOW prospect, or by similar terminology, such description represents the Kennel/Cattery’s professional assessment of the animal at the time the assessment is made.

 

It does not constitute a guarantee of particular show results, titles, championship status, or evaluations by individual judges.

 

The conformation and physical development of a young animal continue to change as the animal matures.

 

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12. SIZE, WEIGHT, COLOUR AND OTHER CHARACTERISTICS

 

Any indication of the animal’s expected adult size or weight represents the Kennel/Cattery’s professional estimate based on the animal’s current development, the characteristics of its parents, pedigree lines, and experience with previous litters.

 

Such an estimate does not constitute a guarantee of a specific adult height or weight.

 

As the animal matures, changes may naturally occur in coat colour and intensity, coat texture, eye colour, body proportions, bite, and other physical characteristics.

 

Natural changes in appearance, size, or other characteristics during development do not, in themselves, constitute grounds for returning the animal or reducing the purchase price, unless otherwise required by mandatory provisions of applicable law.

 

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13. TRANSFER OF THE ANIMAL

 

The transfer date is determined according to the animal’s age, vaccination schedule, health and welfare, veterinary requirements, and country of destination.

 

The Kennel/Cattery may postpone the anticipated transfer date where this is reasonably necessary to protect the animal’s health or to comply with veterinary, governmental, or legal requirements.

 

Delays caused by veterinary requirements, vaccination schedules, the issuance of official documents, changes to import or export regulations, actions of governmental authorities, transport providers, or other circumstances beyond the reasonable control of the Kennel/Cattery shall not, in themselves, constitute a refusal by the Kennel/Cattery to fulfil the agreed transaction.

 

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14. TRANSFER OF RESPONSIBILITY AND TRANSPORTATION

 

Where the animal is collected personally, responsibility for its subsequent care and the ordinary risks associated with keeping the animal pass to the Buyer upon physical transfer of the animal.

 

Where an independent transporter, courier, or specialised animal transport service is used, the transportation arrangements will be agreed separately.

 

The Kennel/Cattery is not responsible for the acts or omissions of independent transport providers, transportation delays, or transportation circumstances outside its reasonable control, except to the extent that such responsibility cannot lawfully be excluded.

 

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15. DELAYED COLLECTION

 

The Buyer is expected to collect or receive the animal within the timeframe agreed between the parties.

 

If the Buyer wishes the animal to remain with the Kennel/Cattery beyond the agreed transfer date, this must be agreed separately.

 

The Kennel/Cattery may charge reasonable additional fees for boarding, feeding, care, veterinary procedures, and documentation that become necessary as a result of the Buyer’s delayed collection.

 

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16. PHOTOGRAPHS AND VIDEO MATERIAL

 

Photographs and videos created by LunaVi Caprice may continue to be used by the Kennel/Cattery on its website, social media channels, advertising materials, portfolio, and other informational or promotional materials both before and after the animal has been transferred to the Buyer.

 

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17. CIRCUMSTANCES BEYOND THE PARTIES’ CONTROL

 

The Kennel/Cattery shall not be responsible for delays in the performance of its obligations caused by circumstances that could not reasonably have been prevented, including changes in veterinary regulations, decisions of governmental authorities, restrictions affecting international movement of animals, disruption or cancellation of transportation, emergencies, or other comparable circumstances beyond its reasonable control.

 

Once such circumstances cease to apply, the parties will agree upon a reasonable way to proceed with the transaction.

 

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18. GOVERNING LAW AND DISPUTE RESOLUTION

 

These Terms and Conditions and the relationship between the Buyer and LunaVi Caprice shall be governed by the laws of Montenegro, unless mandatory provisions of applicable law require otherwise.

 

Any question, concern, or complaint should first be addressed directly to LunaVi Caprice so that the matter may be reviewed and, wherever reasonably possible, resolved promptly and amicably.

 

The parties shall make reasonable efforts to resolve any disagreement through direct communication.

 

Where an amicable resolution cannot be reached, any dispute shall be submitted to the competent court in Montenegro having jurisdiction at the Seller’s registered place of business, to the extent that such choice of jurisdiction is permitted by applicable law.

 

Where mandatory provisions of applicable law grant the Buyer a different right regarding jurisdiction, those mandatory provisions shall remain unaffected.

 

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19. ENTIRE AGREEMENT

 

These Terms and Conditions, together with the individually agreed written details relating to the specific animal, its category, purchase price, and transfer arrangements, constitute the agreement between the parties.

 

Photographs, advertising materials, social media publications, and general promotional communications do not modify the individually agreed terms of the transaction.

 

Any amendment to the individually agreed terms must be confirmed by the parties in writing, including by electronic correspondence.

 

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20. ACCEPTANCE OF THESE TERMS

 

These Terms and Conditions are made available to the Buyer before any payment is made.

 

By paying the reservation fee, the full purchase price, or any other agreed amount in relation to a specific animal, the Buyer confirms that they:

 

• were given the opportunity to review these Terms and Conditions before making payment;

• have read, understood, and accepted them;

• have independently selected the animal;

• have agreed to its PET or BREED status;

• have agreed to the purchase price;

• understand which documentation will accompany the animal;

• understand the nature of purchasing a living and developing animal.

 

Electronic correspondence, evidence that these Terms and Conditions were provided to the Buyer, and payment records may be used by either party as evidence of the terms agreed between them.

 

These Terms and Conditions shall apply to the fullest extent permitted by law. If any individual provision is found to be invalid, unenforceable, or inapplicable, this shall not affect the validity or enforceability of the remaining provisions.

 

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SELLER

 

DOO LunaVi Caprice

Montenegro

 

The Seller’s full registered address, company registration details, PIB, and official contact information shall be stated in the published version of these Terms and Conditions.

 

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LUNAVI CAPRICE

 

At LunaVi Caprice, every puppy and kitten is raised with care, attention, and respect for their individual character and wellbeing.

 

Our aim is to ensure that every new family receives clear and complete information regarding their animal, its background, health, documentation, and future care.

 

Reserving an animal is a considered decision — and the beginning of a shared commitment to its happy and healthy future.