General Conditions

Table of contents

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion right of withdrawal

Article 9 – The price

Article 10 – Conformity and warranty

Article 11 – Delivery and performance

Article 12 – Duration transactions: duration, cancellation and extension

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions:

Reflection period: the period within which the customer can make use of his right of withdrawal; Read all about reflection time.

Customer:

• Natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
• Entrepreneur: the natural person who acts in the exercise of a profession or business
• Private legal entity

Day: calendar day.

Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

Durable data carrier: any means that enables the customer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the option for the customer to waive the distance contract within the cooling-off period.

Model form: the model form for withdrawal that the entrepreneur makes available  that a customer can fill in if he wants to make use of his right of withdrawal.

Entrepreneur: the natural or legal person who offers products and/or services to the customer at a distance.

Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.

Technique for distance communication: means that can be used to conclude an agreement, without the buyer and entrepreneur having come together in the same room at the same time.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Plantification BV

Willemsplein 9

6811 KB Arnhem

The Netherlands

E caroline@plantifications.nl

Chamber of Commerce 83428925

VAT number NL862870720B01

Article 3 – Applicability

3.1 These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the customer.

3.2 Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and will be sent free of charge as soon as possible at the request of the customer.

3.3 If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the customer electronically in such a way that the customer can can be stored in a simple manner on a durable data carrier. If this is not reasonably possible, it will be indicated where the distance contract is concluded before the distance contract is concluded general terms and conditions can be read electronically and that they will be sent free of charge at the request of the customer electronically or otherwise.

3.4 In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the customer can always invoke the applicable provision that is most relevant to him. is favourable.

3.5 If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in effect and the relevant provision will be immediately replaced in mutual consultation by a provision that the purport of the original  approached as much as possible.

3.6 Situations not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

3.7 Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

4.1 If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

4.2 The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

4.3 The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the buyer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

4.4 All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

4.5 Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.

4.6 Each offer contains such information that it is clear to the customer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

• the price including taxes;
• any shipping costs;
• the manner in which the agreement will be concluded and which actions are required for this;whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the agreement;
• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
• whether the agreement will be archived after it has been concluded, and if so, where it can be consulted by the customer;
• the way in which the customer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
• any other languages in which, in addition to Dutch, the agreement can be concluded;the codes of conduct to which the entrepreneur has submitted and the way in which the customer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a duration transaction.

Article 5 – The agreement

5.1 Subject to the provisions of paragraph 4 of this article, the agreement is concluded at the time of acceptance by the customer of the offer and compliance with the applicable conditions.

5.2 If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the customer can dissolve the agreement.

5.3 If the agreement is concluded electronically, the entrepreneur will take appropriate  technical and organizational measures to secure the electronic transfer  of data and he will ensure a safe web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.

5.4 The entrepreneur can – within legal frameworks – inform himself whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.

5.5 The entrepreneur will send the following information to the customer with the product or service, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data carrier:

• the visiting address of the establishment of the entrepreneur where the customer can go with complaints;
• the conditions under which and the manner in which the customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• the information about warranties and existing after-sales service;
• the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the customer before the execution of the agreement; the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration.

5.6 In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

5.7 Every agreement is entered into under the conditions precedent of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

6.1 Upon delivery of products:

When purchasing products, the customer has the option of dissolving the agreement without giving any reason during 14 days. This cooling-off period starts on the day after receipt of the product by the customer or a representative designated in advance by the customer and made known to the entrepreneur.

During the cooling-off period, the customer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the customer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The customer must make this known by means of the model form or by means of another means of communication, such as by e-mail. After the customer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.

If the customer has not made it known after the expiry of the periods referred to in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.

6.2 When providing services:

When services are delivered, the customer has the option of dissolving the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement.

To make use of his right of withdrawal, the customer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest with the delivery.

Article 7 – Costs in case of withdrawal

7.1 If the customer makes use of his right of withdrawal, the costs of return will be borne at most.

7.2 If the customer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the web retailer or that conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the customer, unless the customer expressly gives permission for a different payment method.

7.3 In the event of damage to the product due to careless handling by the customer, the customer is liable for any reduction in value of the product.

7.4 The customer cannot be held liable for a reduction in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the purchase agreement is concluded.

Article 8 – Exclusion right of withdrawal

8.1 The entrepreneur can exclude the buyer’s right of withdrawal for products  as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if  the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

8.2 Exclusion of the right of withdrawal is only possible for products:

• which have been created by the entrepreneur in accordance with the customer’s specifications;
• that are clearly personal in nature;
• which cannot be returned due to their nature;
• that can spoil or age quickly;
• the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• for loose newspapers and magazines;
• for audio and video recordings and computer software of which the customer has lost the seal;
• for hygienic products of which the customer has broken the seal.

8.3 Exclusion of the right of withdrawal is only possible for services:

• regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
• the delivery of which has started with the express consent of the customer before the cooling-off period has expired;
• regarding betting and lotteries.

Article 9 – The price

9.1 The prices stated in the offer of products or services include VAT, unless explicitly stated otherwise.

9.2 During the period of validity stated in a discount offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.

9.3 All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and warranty

10.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions existing on the date of the conclusion of the agreement. and/or government regulations. If  agreed, the entrepreneur also guarantees that the product is suitable for  other than normal use.

10.2 A guarantee provided by the entrepreneur, manufacturer or importer does not affect  the legal rights and claims that the customer can assert against the entrepreneur on the basis of the agreement.

10.3 Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The products must be returned in the original packaging and in new condition.

10.4 The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• the customer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
• the delivered products have been exposed to abnormal conditions or are otherwise  carelessly treated or are contrary to the instructions of the entrepreneur  and/or have been treated on the packaging;
• the defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

Article 11 – Delivery and performance

11.1 The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

11.2 The place of delivery is the address that the customer has made known to the company.

11.3 With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the customer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the customer will be notified of this no later than 30 days after he has placed the order. In that case, the customer has the right to dissolve the agreement without any costs. The customer is not entitled to compensation.

11.4 All delivery times are indicative. The customer cannot derive any rights from any stated terms. Exceeding a term does not entitle the customer to compensation.

11.5 In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the customer as soon as possible, but no later than 14 days after dissolution.

11.6 If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.

11.7 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the customer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, cancellation and extension

12.1 The customer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.

The customer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time by the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of at least maximum one month.

12.2 The customer can enter into the agreements referred to in paragraph 1:

• cancel at any time and not be limited to cancellation at a specific time or in a specific period;
• at least cancel in the same way as they have been entered into by him; always cancel with the same notice period as the entrepreneur has stipulated for himself. Extension

12.3 An agreement that has been entered into for a definite period and that extends to the regular  delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

12.4 Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the customer accepts this extended agreement. at the end of the extension  can cancel with a notice period of no more than one month.

12.5 An agreement that has been entered into for a definite period and that extends to the regular  delivery of products or services, may only be tacitly extended for an indefinite period  if the customer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement  extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

12.6 An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription)  is not tacitly continued and ends automatically after the trial or  introductory period.

12.7 If an agreement has a term of more than one year, the customer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term. .

Article 13 – Payment

13.1 Insofar as not otherwise agreed, the amounts owed by the customer must be paid within 7 working days after the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the buyer has received confirmation of the agreement.

13.2 The customer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

13.3 In the event of non-payment by the customer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the customer in advance.

Article 14 – Complaints procedure

14.1 The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

14.2 Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months, after the customer has discovered the defects.

14.3 Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable  longer processing time, the entrepreneur will respond within the period of 14 days  with a notice of receipt and an indication when the customer can expect a more detailed answer.

14.4 If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

14.5 In the event of complaints, a customer must first turn to the entrepreneur. If  the webshop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be solved by mutual  consultation, the customer must turn to Stichting  WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution has not yet been reached, the customer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the customer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the customer to the relevant committee. It is also possible to register complaints through the European ODR platform (http://ec.europa.eu/odr).

14.6 A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

14.7 If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

Article 15 – Disputes

15.1 Only Dutch law applies to agreements between the entrepreneur and the customer to which these general terms and conditions apply. Even if  the customer lives abroad.

15.2 The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable data carrier.