General terms and conditions Orchideeen-shop.nl

Below you will find our terms and conditions, which contain important information for you as a buyer. These always apply if you use or place an order through our website. Therefore, read the general terms and conditions carefully. We advise you to save or print these conditions, so that you can read them again at a later time.

Article 1. Definitions

1. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers or wholesalers;

2. Website: the website of entrepreneur, to be consulted via http://www.orchideeen-shop.nl/ and all accompanying subdomains.

3. Customer: the natural or legal person whether or not acting in the exercise of a profession or business that enters into an agreement with the entrepreneur and/or has registered on the website.

4. Agreement: every agreement or agreement between the entrepreneur and the customer, of which agreement the general terms and conditions form an integral part.

5. General terms and conditions: the present general terms and conditions.

6. Product: plants and/or other articles that are offered to the customer on the website of Entrepreneur.

Article 2. Identity of the entrepreneur

Name entrepreneur: Rik Claessen (Claessen Orchideeën)

Location address: Leveroysedijk 3, 6034 SW Nederweert-Eind

Telephone number: 0495-460990

E-mail address: klantenservice@claessenorchids.com

VAT number: NL 154 770 693 B01

Open to the public on: every last Saturday of the month*

9:00 - 17:00 (break from 12:00 - 12:45 pm)

*Unless otherwise indicated on the website

Article 3. Applicability General Terms and Conditions

1. The General Terms and Conditions apply to all offers, agreements and deliveries of the entrepreneur, unless explicitly agreed otherwise in writing.

2. If the Customer includes provisions or conditions that deviate from, or do not occur in the General Terms and Conditions, if the Customer includes accepting or notification, these are only binding for the entrepreneur, if and insofar as they have been explicitly accepted in writing by the Entrepreneur.

3. In the event that specific product or service conditions apply in addition to these general terms and conditions, those conditions also apply, but in the event of conflicting conditions, the Client can always invoke the applicable provision that is most favorable for him.

Article 4. Prices and information

1. All prices stated on the Website and in other entrepreneurs from entrepreneur include VAT and, unless stated otherwise on the website, other levies imposed by the government.

2. If shipping costs are charged, 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.

3. The content of the website has been compiled with the greatest care. However, the entrepreneur cannot guarantee that all information on the website is correct and complete at all times. All

General terms and conditions Orchideeen-shop.nl

Prices and other information on the website and in other materials from entrepreneur are therefore subject to apparent programming and typing errors.

4. The offer contains, as far as reasonably possible, a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to make a good assessment of the offer possible by the customer. If the entrepreneur uses images, they are a truthful example of the plant in question in an adult and/or flowering condition (even if the plant is offered non-flowering or at another plant stage, as indicated in the specifications). Serve to the understanding that plants are a natural product, so that the flour, color or size of the plant may differ from the photo that the consumer sees online.

5. Entrepreneur cannot be held responsible for (color) deviations due to screen quality or difference in screen settings.

Article 5. Dealing agreement

1. The Agreement is concluded at the time of acceptance by the customer of the entrepreneur's offer and to comply with the conditions set by the entrepreneur.

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 receipt of this acceptance has not been confirmed, the customer has the option to terminate the agreement.

3. If it appears that incorrect information has been provided by the Customer in the acceptance or in another way entering into the agreement, the entrepreneur has the right to meet its obligation only after the correct information has been received.

4. The Entrepreneur can inform himself within legal frameworks whether the Customer can meet his payment obligations, but also all factors and factors that are important for a responsible conclusion of 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 attach special conditions to the implementation, such as advance payment.

Article 6. Registration

1. To make optimum use of the Website, the Customer can register via the registration form / the account registration option on the website.

2. During the registration procedure, the customer chooses a username and password with which he can log in to the website after registration. Customer is responsible for choosing a sufficiently reliable password.

3. Customer must keep his login details (username and password) strictly secret. Entrepreneur is not liable for misuse of the login details and may always assume that a customer who registers on the website is actually that customer. Everything that happens through the customer's account falls under the responsibility and the risk of the customer.

4. 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 inform the entrepreneur, so that the entrepreneur can take appropriate measures.

Article 7. Implementation agreement

1. As soon as the order has been received by the Entrepreneur, the entrepreneur will send the products as soon as possible, with due observance of the stipulated in paragraph 3 of this article.

2. Entrepreneur is entitled to engage third parties when performing the obligations arising from the agreement.

3. The processing period is in principle 4 working days. The method of delivery can take place in various ways and is at the choice of the entrepreneur.

4. If the entrepreneur cannot deliver the products within the agreed period, he informs the customer of this. In that case, the customer can agree to a new delivery date or he will be given the opportunity to terminate the agreement free of charge.

5. The entrepreneur advises the Customer to inspect the delivered products and to report the doubts and/or possible defects within a competent time, preferably by e-mail and the fact that plants are perishable true. The responsibility for inspecting the condition of the product immediately after receipt lies with the Customer, even if a third party designated by him receives the product. See further Article 10 - Guarantee and conformity.

6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk of these products is transferred to the customer. If explicitly agreed otherwise, the risk is already transferred to the customer earlier. If the customer decides to collect the products, the risk will pass when transferring the products.

7. Entrepreneur is entitled to deliver a similar product of similar quality such as the ordered product, if the ordered is no longer available. The customer is then entitled to terminate the agreement free of charge and to return the product free of charge.

Article 8. Right of withdrawal/Retour

1. This article only applies if the customer is a natural person who does not act in the exercise of his profession or business. Business customers therefore do not have a right of withdrawal.

2. The right of withdrawal does not apply to:

• Products that spoil quickly or have a limited shelf life, including but not limited to food, flowers and plants;

• Products manufactured according to the specifications of the customer that are not prefabricated and that are made on the basis of an individual choice or decision of the customer, or that are clearly intended for a specific person;

• agreements with regard to leisure activities, if a certain date or period of implementation is provided in the agreement;

• Sealed products that are not suitable for being returned to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;

• Products that are irrevocably mixed with other products after delivery due to their nature.

3. If the customer order a product that is not excluded from the right of withdrawal, the Customer has the right to terminate the agreement with the entrepreneur concluded with the entrepreneur within 14 calendar days after receipt of the product, without giving reasons, free of charge. The period starts on the day after the customer, or a third party designated in advance, who is not the carrier, received the product, or::

• if the customer has ordered multiple products in the same order: the day on which the customer, or a third party designated by him, received the last product;

• if the delivery of a product consists of different shipments or parts: the day on which the customer, or a third party designated in advance, received the last shipment or the last part;

• For agreements for regular delivery of products during a certain period: the day on which the customer, or a third party designated in advance, received the first product.

4. Only the direct costs for the return shipment will be borne by the customer. The customer must therefore bear the return costs himself. If these costs are higher than the regular postal rate, entrepreneur gives an estimate of these costs.

5. Any costs paid by the Customer will be repaid to the Customer upon return of the entire order, provided that it arrives in good condition.

6. Within the withdrawal period referred to in paragraph 3 of this article, the Customer will handle the product and/the packaging (Smaterial) carefully. Customer will only open the packaging and only use the product insofar as it is necessary to check the nature, characteristics and operation of products. The starting point here is that this inspection should not go beyond that the customer could in a physical store.

7. The Customer is only liable for value reduction of the product that is the result of a way of dealing with the product that goes beyond permitted in the previous paragraph.

8. The Customer can terminate the agreement in accordance with the period set out in paragraph 3 of this article by sending the model form for withdrawal (digitally) to the entrepreneur, or to inform the entrepreneur in a other unambiguous manner that he is abandoning the purchase. In the event of a digital report, entrepreneur confirms the receipt of that notification. After dissolution, the customer still has 14 days to return the product. It is also possible to immediately return the product within the cooling -off period set in paragraph 3 of this article, provided that the model form for withdrawal or other unambiguous explanation for cancellation is included.

9. Amounts already paid by the Customer (in advance) will be repaid as soon as possible, but no later than 14 days after confirmation of the Agreement to the Client in the same way as that the customer has paid the order. If the customer has opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.

10. Unless the Entrepreneur offers the product to collect himself, the entrepreneur may wait to repay until entrepreneur has received the product or as the Customer demonstrates that he has returned the product, depending on what time falls earlier.

11. On the website it is clear, timely before the conclusion of the agreement information about whether or not the right of withdrawal applies and any desired procedure stated.

12. If the customer is of the opinion that the products do not comply with the agreement, the conditions from Article 10 - warranty and conformity apply.

Article 9. Payment

1. Customer must pay payments to the entrepreneur in accordance with the payment methods indicated in the ordering 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.

2. If the Customer does not meet his payment obligation (s) in time, it will, after he has been informed by the entrepreneur of the late payment and the entrepreneur the customer has awarded a period of 14 days to meet his payment obligations, about it Amount due to the statutory interest due and entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs are a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. Entrepreneur can deviate from the aforementioned amounts and percentages for the benefit of the customer.

Article 10. Warranty and conformity

1. This article only applies if there is a customer who does not act in the exercise of his profession or business. If there is a separate warranty on the

Products are given applies, without prejudice to the just set for all types of customers.

2. The entrepreneur guarantees that the products meet the agreement, the specifications stated in the offer, to the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement .

3. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the customer already has on the basis of the agreement.

4. If the delivered product does not comply with the agreement, then the customer must be informed of the entrepreneur of this within a reasonable period of time after he has discovered the defect, taking into account the fact that plants are perishable true. The customer will hereby discuss the necessary photos in order to convincingly demonstrate that the products do not comply with the agreement.

5. If the entrepreneur considers the complaint well -founded, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum reimbursement, with due observance of Article 12 - liability, is equal to the price paid by the Customer about the product.

Article 11. Complaints procedure

1. If the Customer has a complaint or any doubts about a product (in accordance with Article 10-warranty and conformity) and/or about other aspects of the entrepreneur's services, he can submit a complaint to the entrepreneur, by e-mail or by post . See the contact details Article 2 - Identity of Entrepreneur. If reasonably possible, the Customer will at all times accompany his complaint from photos.

2. Entrepreneur gives the Client as soon as possible, but in any case within 4 working days of receiving the complaint, a response to his complaint. If it is not yet possible to give a substantive or final response, the entrepreneur will confirm within 4 working days after receipt of the complaint and give an indication of the period within which it is expected to be able to give a substantive or final response to the customer's complaint .

3. Taking care of the plant is the responsibility of the customer itself. Praotting within 6 weeks of receipt is strictly not recommended by us, because the plant needs time to acclimatize after shipment. When this advice is ignored, the customer can no longer rely on the seller.

4. The plant must be stored at any time, otherwise the complaint cannot be processed.

5. The packaging materials should be stored up to and including that a complaint has been fully completed.

Article 12. Liability

1. This article only applies if the Customer is a natural person or legal person who acts in the exercise of his profession or business.

2. The total liability of the entrepreneur towards the Customer due to attributable shortcoming in the fulfillment of the agreement is limited to reimbursement of a maximum of the amount of the price stipulated for that agreement (including VAT).

3. Liability of the entrepreneur towards the customer for indirect damage, including in any case - but explicitly not exclusively - including consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.

4. Apart from the cases mentioned in the previous two paragraphs of this article, there is no liability for compensation for compensation, regardless of the grounds on which an action for compensation would be based on the entrepreneur. However, the restrictions referred to in this article will be canceled if and insofar as damage is the result of intent or gross negligence from the entrepreneur.

5. The liability of the entrepreneur towards the Client for attributable shortcoming in the fulfillment of an agreement only arises if the Client does not give an entrepreneur in writing of an entrepreneur and properly in writing, thereby setting a reasonable period of time for purification of the shortcoming and entrepreneur also after that period in the fulfillment of His obligations keeps falling short. The notice of default must contain a description that is as detailed as possible (including photos) of the shortcoming, so that the entrepreneur is able to respond adequately.

6. A condition for the occurrence of any right to compensation is always that the Customer reports the shortcoming to the Entrepreneur as soon as possible, but no later than within 5 days, with due observance of the responsibility of the Customer for the Product Condition Direct to check after receipt.

7. In the event of force majeure, the entrepreneur is not obliged to compensate for any damage caused by the Customer.

Article 13. Packaging and weather insurance

1. Entrepreneur does his utmost at all times to pack the product ordered by the customer as carefully as possible to minimize the effects of transport, with due observance that plants are living organisms and not 100% prevent that some response to transport is visible.

2. The entrepreneur makes a careful estimate of packaging material and method that are most suitable at the time of packing the product ordered by the customer, with due observance of various factors such as, but not exclusively, plant species and weather conditions.

3. The customer has the option to insure the ordered plants against stock damage, by adding a weather insurance, offered in the shopping cart and the payment screen. In this case, the entrepreneur bases the use of packaging material and method based on the weather forecast instead of destination specified by the customer when entering into the agreement.

4. The product is nevertheless damaged by cold, despite the efforts of the entrepreneur, the Client Entrepreneur must notify the cold damage as soon as possible, but at least within 5 days of receiving the product, including photos as proof of the damage.

5. If the Agreement contained a weather insurance paid by the Customer and the Entrepreneur confirms the cold damage after assessing the proof provided by the Customer, the damage will be reimbursed by the entrepreneur in consultation with the customer and in a manner that is appropriate for the situation in question.

Article 14. Mission and delivery

1. If the products ordered by the Customer are ready for shipment, an automatically generated e-mail from the entrepreneur is sent to the email address specified by the Customer with a link to follow the shipment. In the event that this link does not work and/or other problems seem to occur during the shipment, the Client Entrepreneur must inform this as soon as possible, the situation described as detailed as possible.

2. The entrepreneur's website contains indications of delivery times, as supplied by the carrier. The delivery times are estimates of the number of working days that a package is on the road to the address specified by the Customer from the moment of shipment. These delivery times are estimates, so can vary. Entrepreneur has no direct influence on delay caused by the carrier.

3. The entrepreneur has no direct influence on the way in which the carrier deals with the package during transport and thereby any damage caused to the products ordered by the Customer during the shipment or losing the package during the shipment.

4. In the event of noticing or suspected problems during the shipment, the Customer must contact the Entrepreneur as soon as possible, described the situation as detailed as possible, after which the entrepreneur confirms the receipt of the message from the customer and will submit to the carrier. The customer is kept informed by the entrepreneur of relevant information provided to the entrepreneur by the carrier.

5. As soon as the entrepreneur has been informed by the Client of any problems during shipment, the issue is shared with and processed by the carrier. Entrepreneur keeps the customer informed of progress but only gives a definitive answer to the issue of the issue after the carrier has made a decision on the issue, if necessary based on investigation carried out by the carrier. Entrepreneur has no influence on the duration of the investigation carried out by the carrier.

6. In the event that a product ordered by the Customer is damaged as a result of the shipment and/or during transport, the Client must inform entrepreneur of the damage (s) including clear photos of both both 24 hours of receiving the package of entrepreneur. The damage, the entire damaged product and the packaging after which entrepreneur confirms receipt of the customer's message and submits a complaint to the carrier.

7. If the carrier agrees with the claim for damages, the entrepreneur will solve the issue in consultation with the customer by returning the purchase amount or the product again

to send. If the product in question is not in stock, the customer can choose a replacement product with the same sales value.

8. In the event of problems that occurred during the shipment or as a result of the transport, the Customer must keep both the product and the packaging material until the issue is fully handled.

9. If the Customer grants the carrier's consent permission, this automatically means that the customer takes on the full risk. This means that the customer both the carrier and Claessen Orchids and Plants B.V. can no longer hold liable for lost and/or damaged packages.

Article 15. retention of title

1. As long as the Customer has not made full payment for the entire agreed amount, all goods delivered will remain the property of the entrepreneur.

Article 16. Personal data

1. Entrepreneur processes the personal data of the Customer in accordance with the Privacy Statement published on the Website.

Article 17. Final provisions

1. Dutch law applies to the agreement.

2. Insofar as it is not otherwise prescribed by rules of mandatory law, all disputes that may arise as a result of the agreement will be submitted to the competent Dutch court in the district where the entrepreneur is established.

3. If a provision in these general terms and conditions turns out to be void, this does not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision (s) as a replacement, which shall be shaped as much as possible to the intention of the original provision.

4. In these general terms and conditions, communication and fax also mean "in writing", provided that the identity of the sender and the integrity of the e-mail is sufficiently established.