Terms of service
General Terms and Conditions Plantique
Below you will find our terms and conditions that contain important information for you as a buyer. These are always applicable if you use or place an order via our website. Therefore read the terms and conditions well. We also recommend that you save or print these conditions so that you can read them back later.
Article 1. Definitions
- Entrepreneur: the natural or legal person who offers products and / or distance services to consumers or wholesalers;
- Website: the website of entrepreneur, to be consulted via http://www.plantique.shop and all associated subdomains.
- Customer: the natural or legal person or not acting in the exercise of profession or holding an agreement with an entrepreneur and / or has registered on the website.
- Agreement: Any appointment or agreement between entrepreneur and customer, of what agreement the general terms and conditions form an integral part.
- General conditions: The present general terms and conditions.
- Product: Plants and / or other items that are offered to the customer on the entrepreneur's website.
Article 2. Identity of the entrepreneur
|Name Entrepreneur:||Rik Claessen (Plantique)|
|Location address:||Leveroysedijk 3, 6034 SW Nederweert-Eind|
|VAT number:||NL 154 770 693 B01|
|Open to the public at:||N.v.t.|
Article 3. Applicability of General Terms and Conditions
- The general terms and conditions apply to all offers, agreements and deliveries of the entrepreneur, unless explicitly agreed otherwise in writing.
- If the Customer in his contract, confirmation or communication records containing acceptance or conditions that deviate from, or do not appear in the general terms and conditions, these are only binding for entrepreneur if and insofar as they have been explicitly accepted by entrepreneur in writing.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, those conditions also apply, but in the event of conflicting conditions, it can always rely on the appropriate provision that is most favorable for him.
Article 4. Prices and information
- All materials stated on the website and in other of entrepreneur are given VAT and, unless stated otherwise on the website, other charges that are imposed on the website.
- If shipping costs are counted, this will be stated clearly and timely before the conclusion of the agreement. In addition, these costs will be displayed separately in the ordering process.
- The content of the website has been compiled with the greatest care. However, an entrepreneur cannot guarantee that all information on the website is correct and complete at all times. All prices and other information on the website and in other materials from entrepreneur are therefore subject to obvious programming and typing errors.
- The offer contains, as far as reasonably possible, a complete and precise description of the products and / or services offered. The description is sufficiently detailed to make a good assessment of the offer by customer. If the entrepreneur uses images, this is a truthful example of the relevant plant in an adult and / or thriving state (even if the plant is not offered non-flowering or a different plant stage, as indicated in specifications). In order to understand that plants are a natural product, so that the flower, color or size of the plant may differ from the photo that the consumer sees online.
- Entrepreneur cannot be held responsible for (color) deviations due to display quality or difference in display settings.
Article 5. Establishment agreement
- The agreement is established at the time of acceptance by the customer of the entrepreneur's offer and meeting the conditions laid down by entrepreneur.
- If Customer has accepted the offer via electronic means, the entrepreneur immediately confirms the receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed, the customer has the option to dissolve the agreement.
- If it appears that in the acceptance or in other ways of the agreement provided by customer, incorrect data has been provided, entrepreneur has the right to pay its obligation until the correct data has been received.
- Entrepreneur may inform himself within legal frameworks whether the customer can meet his payment obligations, but also of all facts and factors that are important for a responsible entering into the agreement. If the entrepreneur has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or request or to commit special conditions, such as prepayment.
Article 6. Registration
- To make optimum use of the website, customer can register via the registration form / account login option on the website.
- During the registration procedure, customer chooses a username and password with which he can log in to the website after registration. Customer himself is responsible for choosing a sufficiently reliable password.
- Customer must keep his login details (username and password) strictly secret. Entrepreneur is not liable for misuse of login details and is always allowed to assume that a customer who logs on on the website is actually that customer. All what happens through the customer's account falls under the responsibility and the risk of customer.
- If the customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password as soon as possible and / or to inform the entrepreneur so that entrepreneur can take appropriate measures.
Article 7. Implementation agreement
- Once the order has been received by an entrepreneur, entrepreneur permits the products as soon as possible, subject to the provisions of paragraph 3 of this article.
- Entrepreneur is entitled to engage third parties in carrying out the obligations arising from the agreement.
- The processing period is in principle 5 working days. This does not include the delivery time. The method of delivery can take place in various ways and is at the choice of entrepreneur.
- If entrepreneur cannot deliver the products within the agreed period, he informs the Customer. In that case, the Customer may agree with a new delivery date or he has the option to dissolve the agreement free of charge.
- Entrepreneur recommends that the customer to inspect the delivered products and to report the doubts and / or possible defects within a skilled time, preferably by e-mail and the fact that plants are perishable. The responsibility for inspecting the condition of the product immediately after receipt lies with a customer, even if a third party recommended that he receives the product. See further Article 10 guarantee and conformity.
- As soon as the products to be delivered on the specified delivery address have been delivered, the risk, where it concerns these products, is about to customer. If it has been explicitly agreed otherwise, the risk is previously about customer. As a Customer, the products decided to retrieve the risk when transferring the products.
- Entrepreneur is entitled to deliver a similar product of similar quality such as the ordered product if the ordered product is no longer available. Customer is then entitled to dissolve the agreement free of charge and to return the product free of charge.
Article 8. Right of withdrawal / Return
- This article applies only if customer is a natural person who does not act in the exercise of his profession or business. Corporate customers therefore no withdrawal rights.
- The right of withdrawal does not apply to:
- products that quickly spoil or have a limited shelf life, including but not limited to food, flowers and plants;
- According to customer specifications manufactured products that are not prefabricated and manufactured on the basis of an individual choice or decision of customer, or which are clearly intended for a specific person;
- agreements with regard to leisure activities, as a specific date or period of implementation in the Agreement;
- sealed products that are not suitable for reducing health protection or hygiene to be returned and whose seal has been broken after delivery;
- Products that have been irrevocably mixed with other products after delivery.
- If customer orders a product that is not excluded from the right of withdrawal, customer has the right to dissolve the remote agreement with an entrepreneur within 14 calendar days after receiving the product, without giving reasons, free of charge. The period will take the day after the customer, or a third party that he has pre-designated, who is not the carrier has received the product, or:
- If a customer has ordered several products in the same order: the day on which customer, or a third party he has received the last product;
- If the delivery of a product consists of various shipments or components: the day on which the customer or a third shipment he has received by him, has received the last shipment or the last part;
- In agreements for regular delivery of products during a certain period: the day on which the customer, or a third party he has received the first product.
- Only the direct costs for the return shipment are borne by customer. Customer must therefore bear the return costs himself. If these costs are higher than the regular mail rate, entrepreneur provides an estimate of these costs.
- Any customer-paid costs for shipping and product (s) will be reimbursed to customer upon return of the entire order, provided that it arrives in good condition.
- Within the withdrawal period referred to in paragraph 3 of this article, customer will handle the product and the packaging (smeathers) carefully. Customer will only open the packaging and only use the product to the extent necessary to check the nature, characteristics and operation of products. The starting point here is that this inspection should not go beyond that customer could in a physical store.
- Customer is only liable for impairment of the product that is the result of a way of dealing with the product that goes beyond the previous paragraph.
- Customer can decompose the agreement in accordance with the period set out in paragraph 3 by sending with the revocation model form to an entrepreneur, or other unambiguous to make an entrepreneur known that he sees from the purchase. In the event of a digital message, entrepreneur confirms the receipt of that report. After dissolution, customer has 14 days to send the product back. It is also possible to return the product directly within the reflection period set in paragraph 3 of this article, provided that the cancellation form for cancellation or other unambiguous declaration has been enclosed.
- Customer already paid by customer will be repaid as soon as possible, but no later than 14 days after confirmation of the agreement to the customer in the same way as that customer has paid the order. As a customer has opted for a more expensive method of delivery than the cheapest standard delivery, entrepreneur does not have to repay the additional costs for the more expensive method.
- Unless the entrepreneur offers to collect the product itself, entrepreneur's waiting with refund to entrepreneur has received the product or demonstrates that he has returned the product, according to which time before.
- On the website, it is clearly, in time for the conclusion of the agreement, information about whether or not to apply of the right of withdrawal and a possible desired procedure.
- If the Customer believes that the products do not meet the agreement, the conditions under Article 10 - Guarantee and Conformity apply.
Article 9. Payment
- Customer must meet payments to an entrepreneur according to the payment methods indicated in the order procedure and possibly on the website. Entrepreneur is free in the choice of offering payment methods and these can also change from time to time.
- If the customer does not meet his payment obligation (s) on time, after being pointed out by the entrepreneur to the late payment and entrepreneur has awarded the customer a period of 14 days to meet his payment obligations, on the amount still owed The statutory interest owes and entrepreneur is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% over outstanding amounts to € 2,500; 10% on subsequent € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. Entrepreneur can deviate from the aforementioned amounts and percentages for the benefit of a customer.
Article 10. Warranty and conformity
- This article only applies if there is a customer who does not act in the exercise of his profession or business. If a separate warranty on the products is given by entrepreneur, without prejudice to it, this for all types of customers.
- Entrepreneur states that the products comply with the agreement, the specifications mentioned in the offer, to the reasonable requirements of reliability and / or usability and the legal provisions and / or public regulations existing on the date of the conclusion of the agreement.
- A guarantee provided by an entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the customer already has and can invoke under the agreement.
- If the product delivered does not meet the agreement, the customer must be within a reasonable period of time after he has discovered the defect, taking into account the fact that plants are perishable where are entrepreneur. Customer will submit the necessary photos in order to convincingly demonstrate that the products do not meet the agreement.
- If the entrepreneur deems the complaint, the relevant products are repaired or reimbursed after consultation with customer. The maximum reimbursement is, taking into account Article 12 liability, equal to the price paid by the customer.
Article 11. Complaints procedure
- If a complaint or doubts have a complaint about a product (in accordance with Article 10 - Guarantee and Conformity) and / or other aspects of the entrepreneur's services, he can submit a complaint to an entrepreneur, by e-mail or by post. See the contact details Article 2 - identity entrepreneur. If it is reasonably possible, customer will accompany photos at all times.
- Entrepreneur gives customer as soon as possible, but at least within 4 working days after receiving the complaint, a response to his complaint. If it is not yet possible to give a substantive or final response, then entrepreneurs will confirm within 4 working days of receiving the complaint and give an indication of the period within which it is expected to be able to provide a substantive or definitive response to the customer's complaint.
- Proper care of the plant is the customer's responsibility. We strongly advise against repotting within 6 weeks of receipt, as the plant needs time to acclimatize after shipment. If this advice is ignored, the customer can no longer rely on the seller.
- The plant must be kept at all times, otherwise the complaint cannot be processed.
- The packaging materials should be kept until a complaint has been fully resolved.
- After 28 days of receiving a proposal from the supervisor, you can no longer appeal to this proposal. The proposal of our supervisor and your complaint are then annulled.
Article 12. Liability
- This article applies only if customer is a natural person or legal person who acts in the exercise of his profession or company.
- The total liability of entrepreneur towards customer due to attributable shortcoming in compliance with the agreement is limited to reimbursement of a maximum amount of the price stipulated for that agreement (including VAT).
- Liability of entrepreneur towards customer for indirect damage, in any case in any case - but expressly not exclusively - including consequential damage, lost profit, missed savings, loss of data and damage caused by business stagnation is excluded.
- Outside of the cases mentioned in the previous two members of this article, there is no liability for compensation on an entrepreneur towards customer, regardless of the ground on which an action to compensation would be based. However, the limitations mentioned in this article will expire if and insofar as damage is the result of intent or gross negrewer debt.
- The liability of entrepreneur towards the client due to an attributable shortcoming in the fulfillment of an agreement is only created if the customer is in writing without delay and properly written in writing, a reasonable period of time to ensure the shortcoming and entrepreneur even after that period in compliance with his obligations Shoot deficiency. The notice of default must contain a detailed description (including included photos) of the shortcoming, so that entrepreneur is able to respond adequately.
- A condition for the creation of any right to compensation is always that customer reports the shortcoming as soon as possible, but no later than within 5 days, after its emergence in writing in writing, taking into account the responsibility of a customer to the condition of the product immediately after receipt to check.
- In the event of force majeure, an entrepreneur is not obliged to compensate for any damage resulting in customer.
Article 13. Packaging and weather insurance
- Entrepreneur does its utmost at all times to pack the customer ordered by customer as carefully as possible to minimize the effects of transport, taking into account the fact that plants are living organisms and are not 100% that some reaction to transport is visible is.
- Entrepreneur makes a careful estimate of packaging material and method that is most suitable at the time of packing the customer ordered by customer, taking into account various factors such as, but not exclusively, plant type and weather conditions.
- Customer has the ability to ensure the ordered plants against damage due to weather conditions, by adding a weather insurance, offered in the shopping cart and the payment screen. In this case, entrepreneur bases the use of packaging material and method based on the weather forecast in the place of destination specified by the Client when entering into the agreement.
- If the product is nevertheless damaged by weather conditions, despite the entrepreneur's efforts, customer entrepreneur should notice in writing from the damage due to weather conditions, including photos as proof of damage.
- If the Agreement contained a weather insurance policy and entrepreneurs confirms the damage due to weather conditions after assessing the evidence provided by customer, the damage caused by the entrepreneur will be reimbursed in consultation with the customer and to the situation appropriate.
Article 14. Shipment and delivery
- When the products ordered by customer before shipment, an automatically generated e-mail from an entrepreneur is sent to the email address specified by customer with a link to follow the shipment. In case this link does not work and / or other problems seem to do during the shipment, customer must be informed of this as soon as possible, the situation described as detailed as possible.
- On the website of entrepreneur, indications of delivery times are provided by the carrier. The delivery times are estimates of the number of working days that a package en route to the address specified by customer from the time of shipment. These delivery times are estimates, so can vary. Entrepreneur has no direct influence on delay caused by the carrier.
- Entrepreneur does not have a direct impact on the way in which the carrier deals with the package during transport and therefore any damage to the customer-ordered products created during the shipment or loss of the package during the shipment.
- In the event of the notes or suspicion of problems during the shipment, customer must contact the entrepreneur as soon as possible, the situation described as detailed as possible, after which entrepreneur confirms the receipt of the customer's message and will present to the carrier. Customer is kept informed by the entrepreneur from relevant information provided by the carrier to the entrepreneur.
- As soon as an entrepreneur has been informed by customer of any problems during shipment, the issue is shared with and processed by the carrier. Entrepreneur keeps a customer informed of progress, but only provides a default about handling of the issue after the carrier has made a statement about the issue, based on research conducted by the carrier. Entrepreneur has no influence on the duration of the investigation carried out by the carrier.
- In the event that a product ordered by customer is damaged as a result of the shipment and / or during transport, customer must inform the market within 24 hours of receiving the package of the package of damage (s) including clear photos of both damaging , the entire damaged product and the packaging, after which entrepreneur receives receipt of customer's message and submits a complaint to the carrier.
- When the carrier agrees with the claim claim, entrepreneur will resolve the issue in consultation with the customer by returning the purchase amount or to resend the product. If the product in question is not in stock, customer can choose a replacement product with the same sales value.
- In the event of problems that have occurred during the shipment or as a result of transport, customer must preserve both the product and the packaging material until the issue has been fully handled.
- If the customer grants the carrier deposit authorisation, this automatically means that the customer assumes the entire risk. This means that the customer can no longer hold either the carrier or Claessen Orchids and Plants B.V. liable for lost and/or damaged parcels.
Article 15. Retention of title
- As long as customer has not carried out full payment for the entire agreed amount, all delivered goods are owned by entrepreneur.
Article 16. Personal data
- Entrepreneur processes customer's personal data in accordance with the privacy statement published on the website.
Article 17. Final provisions
- Dutch law applies to the agreement.
- To the extent that the rules of mandatory law is not prescribed otherwise, all disputes that may arise will be submitted as a result of the Agreement to the competent Dutch court in the district where entrepreneur is established.
- If a provision in these general terms and conditions appears to be invalid, it does not affect the validity of the entire general terms and conditions. Parties will in that case determine this case to replace (a) new provision (s), with which so much as possible is given to the intention of the original provision.
- In these general terms and conditions, "in writing" means communication per e-mail and fax, provided that the identity of the sender and the integrity of the e-mail is sufficiently established.