General Terms and Conditions

Valkplant B.V. General conditions for online sales (www.provenwinnersplants.com)               

1. Business information:

Company:

Valkplant B.V.

Burgemeester Smitweg 64

2391 NG Hazerswoude-Dorp

The Netherlands

CoC no.: 29039518                VAT : NL815979216B01

• Website: provenwinnersplants.com
• Version: January 2021

2. Applicability
   • These General Terms and Conditions apply to any offer and to any contract concluded on the website www.provenwinnersplant.com. If you confirm an order, that means that you agree to fully comply with these General Terms and Conditions, without exception or reservation.
   • If the General Terms and Conditions are made available electronically, this will take place in such a way that the customer can save the General Terms and Conditions and that they are accessible for later perusal.

3. The goods, purchase & delivery
   • The description of the goods, the quantity, the quality, the price, VAT, insurance, environmental tax and delivery costs are included on the website. Illustrations, descriptions and other information relating to specific goods, with the exception of prices, VAT, shipping costs and environmental impact, are indicative and serve only as guidelines. Obvious mistakes or obvious errors in the offer and/or the contract are not binding for Valkplant B.V. (hereafter referred to as 'VP').
   • VP may amend the contract unilaterally, whereby the customer has the option of dissolving the contract within 14 days after VP has informed the customer of this amendment.
   • After the customer has placed an order with VP, VP will confirm receipt of such an order as soon as possible. If this order has been made electronically, VP will confirm this order electronically.
   • VP will make every effort to deliver the ordered goods within the specified delivery time. Goods and services are always subject to availability. VP will notify you in the event that (part of) your order cannot be delivered. If a product or order is (partly) unavailable, VP may supply a replacement product of equal or higher quality, or deliver only part of your order. If you do not wish to keep the replacement product, you may invoke the right of withdrawal as described in article 5.
   • If the product you ordered is damaged or defective upon delivery, or if the product is incorrect, you can notify our customer service department by email or telephone within 7 days of receiving the goods. VP will then arrange for a credit, refund or replacement of the product(s) concerned in accordance with the warranty provisions.
   • VP will do its utmost to ensure that your order is dispatched at the time you have specified. In the event that VP is unable to dispatch an order at the time you have specified, that order will be dispatched at a time as close to the specified time as is reasonably possible; this may be either earlier or later than the specified time.
   • VP will deliver the goods to the address you have provided in your order. It is therefore important that this address is correct. VP accepts no liability, to the extent permitted by law, for loss of or damage to the goods, if they have been delivered in accordance with your delivery instructions.
   • Live goods should be planted as soon after delivery as possible. We recommend that you open the package and tend to and plant the live goods immediately upon receipt, unless you decide to make use of your right of withdrawal as described in article 5.
   • As long as the packing process of your order has not started, you always have the possibility to change or cancel your order at no extra cost by contacting VP. However, this is only possible if your instructions reach us before your order is packed.

4. Prices & payment
   • All quoted prices are in euros (€) and are considered to be correct at the time of publication. However, they may be subject to change.
   • Within legal frameworks, VP may inform itself as to whether the customer can meet their payment obligations, as well as on those facts and factors that are important for a sound conclusion of the (distance) contract. If, on the basis of this inquiry, VP has valid grounds for not entering into the contract, then it is legally entitled to decline an order or request, stating its reasons, or to attach special terms and conditions to its execution.
   • The special conditions referred to in the preceding paragraph include the obligation to make (partial) prepayments or to pay due invoices that have not been paid.
   • All quoted prices are exclusive of shipping and are inclusive of VAT at the currently applicable rate. VP guarantees that the prices mentioned for products in its online shop or for orders received during the validity period of these promotions will not increase. In the event that VAT rates are increased, VP reserves the right to charge such additional amounts to the customer, whereby the customer has the possibility to dissolve the contract within 14 days after VP has informed the customer of this change.
   • In the event that goods are incorrectly priced due to an obvious (clerical) error, either at unit level or as a result of the activation of a promotion, VP will not be obliged to deliver these goods to the customer at the incorrect price, at least to the extent that the customer was not entitled to rely on this incorrect price. In such circumstances, VP may inform you of the correct price and ask you whether you agree to the changed price.
   • VP accepts various payment methods for goods, as indicated on the website. Payment options depend on the country and the ordering channel.
   • The consumer has the duty to report to VP any inaccuracies in payment details that they have provided or stated to VP without delay.
   • When a customer fails to send the correct payment with their order, or when the payment is refused for any reason whatsoever, VP is entitled, after having given notice of default, to compensation for the administrative costs of requesting the payment. VP reserves the right to dissolve the contract or to suspend further delivery to the customer. This does not affect VP's other rights.
   • If the customer fails to meet their payment obligation(s) on time, VP will grant the customer an additional period of 14 days to meet their payment obligation(s). After this period and failure to pay, the customer will owe statutory interest on the amount due and VP will be entitled to charge any extrajudicial collection costs it incurs. These collection costs amount to a maximum of:

- 15% on outstanding amounts up to € 2,500;

- 10% on the next € 2,500; and

- 5% over the next € 5,000;

with a minimum of € 50. Outstanding amounts as referred to in this paragraph will also include monetary claims in currencies other than the euro with an equivalent value.

5. Right of withdrawal
   • You have the right to cancel/dissolve an order up to 7 days after the day on which you received the ordered goods. If you wish to exercise your right of withdrawal, please send an email to [email protected]. Please do not send the goods back to VP until you have received a request to do so from VP. VP always guarantees the quality of its goods and, due to the nature of the goods, is often unable to reuse them. This way, VP wants to ensure that the environment is not unnecessarily burdened. In the event that you do return the goods, the goods must be shipped in the original packaging to the address mentioned on the invoice. VP will refund your payment, including the environmental tax and shipping costs.
   • The customer will bear the direct costs of returning the good(s).
   • During the period that the customer can make use of the right of withdrawal, the customer will treat the product and its packaging with care. They will only unpack or use the product to such an extent as is necessary to determine the nature, characteristics and operation of the product. The underlying principle here is that the customer may only handle and inspect the product as they would be allowed to do in a store.
   • The customer is liable for any decrease in value of the product resulting from handling the product in a way that goes beyond what is stated to be allowed in the previous paragraph.

6. Warranty
   • VP offers a 24-month growing warranty on all plants it delivers.
   • VP guarantees the quality and/or usefulness of the delivered products in accordance with the specifications provided. The delivery date of the products is the effective date of the warranty. If a warranty claim is accepted by VP and VP requests that you return the product(s), the return costs shall be borne by VP. Any costs arising from unfounded claims will be borne by the customer.
   • No claims under the warranty can be made:

- in case of damage caused by intentional, culpable or negligent handling;

- in the event of improper care or failure to observe the care instructions;

- for normal seasonal development of the product.

7. Liability
   • VP is only liable for damage insofar as the risk is reasonably insurable.
   • To the extent that it is reasonable and fair, VP is not liable for damages that are due to the customer's own fault, culpable action, recklessness, intentional action or other conduct or negligence.

8. Website disclaimer
   • Changes to the product range may be made at any time. Although VP makes every effort to keep the website up to date, the information and specifications provided thereon are purely informative and may be changed without prior notice. Photos on the website are usually accurate, but small variations in colour, shape and size may occur.
   • The content of the website is directed solely to persons who are able to access the website from geographical locations within the delivery area. VP is not responsible for the content of other linked websites.
   • If you require (further) clarification of any advice or information on the website, we recommend that you request further information from VP. VP is not liable for any loss, damage or injury that may arise as a result of following this help, advice or information.

9. Intellectual property rights
   • The information and advice you can find on the website or in other VP publications are intended for personal use only and should not be regarded as anything more than a reflection of best practice.
   • All written text, photos, designs and content of the website in combination with the selection and arrangement thereof and all software compilations are the copyright property of VP or of the persons who have granted VP a right of use in this regard and are protected as such. All rights in this regard are reserved.
   • No part of this website may be reproduced, either mechanically or electronically, including photocopying, or in any other way, without prior written permission from VP or the holder of the intellectual property right concerned.
   • All names, logos, slogans, or other statements may be our or another person's or company's trademark. Any unauthorised use of a trademark is unlawful. You are not permitted to copy, reproduce, transmit, distribute, commercially exploit or create derivative works from the protected texts and images or to assist others in doing so. If you become aware of any such distribution or commercial exploitation, you agree to notify VP immediately.
   • By posting content to VP's website, you acknowledge that you are granting VP, our licencors and legal successors an irrevocable, perpetual, royalty-free, worldwide license to use the content, whether in the VP domain or otherwise. The licence extends to copying, distributing, broadcasting and otherwise transmitting, and adapting and editing the content.

10. Complaints and disputes
    • VP advises the customer to email complaints to [email protected]. VP will make every effort to resolve the complaint satisfactorily. If this does not lead to a solution, the customer can make use of the Online Dispute Resolution platform of the European Commission. This platform can be found at http://ec.europa.eu/odr.
    • Contracts between VP and the customer to which these General Terms and Conditions apply are subject exclusively to Dutch law.
    • Any disputes will be exclusively settled by the court in Amsterdam, on the understanding that VP will grant a consumer at least one month to choose the legally competent court.

11. Other
    • If you or VP fail to enforce a right under these General Terms and Conditions, this will not prevent you or VP from enforcing other rights or from later relying on that right.
    • To the extent that any provision of these General Terms and Conditions is found by any court or competent authority to be invalid, illegal or unenforceable in any jurisdiction, that provision will not be deemed to be part of these General Terms and Conditions and will not affect the enforceability of the remainder of these General Terms and Conditions, nor shall it affect the validity, legality and enforceability of that provision in any other jurisdiction.
    • If you are a business user, you agree to indemnify VP and/or any of its affiliates and its officers, directors and employees, immediately upon request, against all claims, liability, damages, costs and expenses, including legal fees, arising from any breach by you of these terms and conditions or any other obligations arising from your use of the VP website.