Terms and Conditions
Introduction
Below you will find our Terms and Conditions. These apply whenever you use our Website or place an order through it. The Terms and Conditions contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these terms so that you can review them at a later time.
Article 1. Definitions
1.1. Stan Verwaaij Haagplanten: located in Ottersum and registered with the Chamber of Commerce under registration number 78100585, operating under the name Stan Verwaaij Haagplanten.
1.2. Website: the website of Stan Verwaaij Haagplanten, accessible at stanverwaaijhaagplanten.nl and all associated subdomains.
1.3. Customer: the customer who, whether or not acting in the course of a profession or business, enters into an Agreement with Stan Verwaaij Haagplanten and/or has registered on the Website.
1.4. Agreement: any agreement or contract between Stan Verwaaij Haagplanten and the Customer, of which the General Terms and Conditions form an integral part.
1.5. Terms and Conditions: these Terms and Conditions.
Article 2. Applicability of the General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, Agreements, and deliveries by Stan Verwaaij Haagplanten, unless otherwise expressly agreed in writing.
2.2. If the Customer includes in its order, confirmation, or notice of acceptance any provisions or conditions that deviate from, or are not contained in, the General Terms and Conditions, these shall be binding on Stan Verwaaij Haagplanten only if and to the extent that Stan Verwaaij Haagplanten has expressly accepted them in writing.
2.3. In the event that, in addition to these General Terms and Conditions, specific product or service terms and conditions also apply, those terms and conditions shall also apply; however, in the event of conflicting terms, the Customer may always rely on the applicable provision that is most favorable to them.
Article 3. Prices and Information
3.1. All prices listed on the Website and in other materials provided by Stan Verwaaij Haagplanten include VAT and, unless otherwise stated on the Website, other government-imposed taxes.
3.2. If shipping costs are charged, this will be clearly stated well before the Agreement is concluded. In addition, these costs will be shown separately during the ordering process.
3.3. The content of the Website has been compiled with the utmost care. However, Stan Verwaaij Haagplanten cannot guarantee that all information on the Website is accurate and complete at all times. All prices and other information on the Website and in other materials provided by Stan Verwaaij Haagplanten are therefore subject to obvious programming and typographical errors.
3.4. Stan Verwaaij Haagplanten cannot be held responsible for (color) discrepancies resulting from monitor quality.
Article 4. Formation of the Agreement
4.1. The Agreement is concluded upon the Customer’s acceptance of the offer made by Stan Verwaaij Haagplanten and compliance with the terms and conditions set forth by Stan Verwaaij Haagplanten in connection therewith.
4.2. If the Customer has accepted the offer electronically, Stan Verwaaij Haagplanten will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the option to terminate the Agreement.
4.3. If it turns out that the Customer provided incorrect information upon acceptance of the Agreement or when otherwise entering into it, Stan Verwaaij Haagplanten has the right to fulfill its obligation only after receiving the correct information.
4.4. Stan Verwaaij Haagplanten may, within the legal framework, determine whether the Customer is able to meet its payment obligations, as well as ascertain all facts and factors relevant to the responsible execution of the Agreement. If, based on this investigation, Stan Verwaaij Haagplanten has good grounds not to enter into the Agreement, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its fulfillment, such as payment in advance.
Article 5. Registration
5.1. To make the most of the Website, the Customer may register using the registration form or the account sign-up option on the Website.
5.2. During the registration process, the Customer selects a username and password that will allow them to log in to the Website after registration. The Customer is solely responsible for choosing a sufficiently secure password.
5.3. The Customer must keep his login credentials—his username and password—strictly confidential. Stan Verwaaij Haagplanten is not liable for any misuse of the login credentials and may always assume that a Customer who logs in to the Website is in fact that Customer. All activities conducted through the Customer’s account are the Customer’s responsibility and risk.
5.4. If the Customer knows or suspects that their login credentials have fallen into the hands of unauthorized persons, they must change their password as soon as possible and/or notify Stan Verwaaij Haagplanten so that Stan Verwaaij Haagplanten can take appropriate measures.
Article 6. Performance of the Agreement
6.1. As soon as Stan Verwaaij Haagplanten receives the order, it will ship the products as soon as possible, subject to the provisions of paragraph 3 of this Article.
6.2. Stan Verwaaij Haagplanten is entitled to engage third parties to fulfill the obligations arising from the Agreement.
6.3. The Website clearly describes, well in advance of the conclusion of the Agreement, how delivery will take place and within what timeframe the products will be delivered. If no delivery timeframe has been agreed upon or specified, products will in any case be delivered within 30 days.
6.4. If Stan Verwaaij Haagplanten is unable to deliver the products within the agreed timeframe, it shall notify the Customer accordingly. In that case, the Customer may agree to a new delivery date or may terminate the Agreement at no cost.
6.5. Stan Verwaaij Haagplanten recommends that the Customer inspect the delivered products and report any defects found within a reasonable time, preferably in writing. See the Article on Warranty and Conformity for further details.
6.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk associated with these products passes to the Customer. Unless expressly agreed otherwise, the risk passes to the Customer at an earlier time. If the Customer decides to pick up the products, the risk passes upon transfer of the products.
6.7. Stan Verwaaij Haagplanten is entitled to deliver a product of similar quality to the one ordered if the ordered product is no longer available. In that case, the Customer is entitled to terminate the Agreement at no cost and to return the product at no cost.
Article 7. Right of Withdrawal
7.1. This section applies only to Customers who are natural persons acting outside the scope of their professional or business activities.
7.2. The Customer has the right to cancel the Agreement entered into remotely with Stan Verwaaij Haagplanten within 14 days of receiving the product, without giving any reason, and at no cost.
7.3. The period begins on the day after the Customer, or a third party designated by the Customer in advance (other than the carrier), has 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 the Customer, received the last product;
– if the delivery of a product consists of multiple shipments or parts: the day on which the Customer, or a third party designated by the Customer, received the last shipment or the last part;
– for Agreements involving the regular delivery of products over a specified period: the day on which the Customer, or a designated third party, has received the first product.
7.4. The Customer must bear the return shipping costs. If these costs exceed the standard postal rate, Stan Verwaaij Haagplanten will provide an estimate of these costs. The shipping costs incurred by the Customer when purchasing the product are not included in the return shipping costs and remain the Customer’s responsibility.
7.5. Within the withdrawal period referred to in paragraph 1, the Customer shall handle the product and its packaging with care. The Customer shall open the packaging and use the product only to the extent necessary to assess the nature, characteristics, and the functioning of the products. The basic principle here is that this inspection may not go beyond what the Customer would be able to do in a physical store.
7.6. The customer is liable only for any loss in value of the product resulting from handling the product in a manner that goes beyond what is permitted in the preceding paragraph.
7.7. The Customer may terminate the Agreement within the time period specified in paragraph 1 of this Article by sending the model withdrawal form (digitally) to Stan Verwaaij Haagplanten, or by otherwise clearly notifying Stan Verwaaij Haagplanten that he is canceling the purchase. In the event of a digital notification, Stan Verwaaij Haagplanten will confirm receipt of that notification. After termination, the Customer has an additional 14 days to return the product. It is also possible to return the product immediately within the cooling-off period specified in paragraph 1 of this Article, provided that the model withdrawal form or another unambiguous statement of withdrawal is included.
Products can be returned to:
Stan Verwaaij Hague Plants
9 Aaldonksestraat
6595 NB, Ottersum
7.8. Any amounts already paid (in advance) by the Customer will be refunded to the Customer as soon as possible, but no later than 14 days after the termination of the Agreement, using the same method by which the Customer paid for the order. If the Customer has chosen a more expensive delivery method than the cheapest standard delivery, Stan Verwaaij Haagplanten is not required to refund the additional costs for the more expensive method. Unless Stan Verwaaij Haagplanten offers the option of picking up the product in person, Stan Verwaaij Haagplanten may delay the refund until Stan Verwaaij Haagplanten has received the product or until the Customer proves that they have returned the product, whichever occurs first.
7.9. The Website clearly states, in a timely manner prior to the conclusion of the Agreement, whether or not the right of withdrawal applies and, if so, the desired procedure.
Article 8. Payment
8.1. The Customer must make payments to Stan Verwaaij Haagplanten using the payment methods specified in the ordering process and, if applicable, on the Website. Stan Verwaaij Haagplanten is free to choose which payment methods to offer, and these may change from time to time. In the case of payment after delivery, the Customer has a payment term of 14 days beginning on the day after delivery.
8.2. If the Customer fails to meet his payment obligation(s) on time, and after Stan Verwaaij Haagplanten has notified the Customer of the late payment and granted the Customer a 14-day period to fulfill their payment obligations, and if payment is not made within this 14-day period, Stan Verwaaij Haagplanten shall be entitled to charge statutory interest on the outstanding amount still owed, and Stan Verwaaij Haagplanten is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, with a minimum of €40. Stan Verwaaij Haagplanten may deviate from the aforementioned amounts and percentages in the Customer’s favor.
Article 9. Warranty and Conformity
9.1. This section applies only to Customers who are not acting in the course of their profession or business. If Stan Verwaaij Haagplanten provides a separate warranty on the products, this warranty applies to all types of Customers, without prejudice to the foregoing.
9.2. Stan Verwaaij Haagplanten warrants that the products comply with the Agreement, the specifications stated in the offer, reasonable requirements of quality and/or fitness for a particular purpose, and the legal provisions and/or government regulations in effect on the date the Agreement is concluded. If specifically agreed upon, Stan Verwaaij Haagplanten also guarantees that the product is suitable for use other than normal use.
9.3. If the delivered product does not conform to the Agreement, the Customer must notify Stan Verwaaij Haagplanten within a reasonable period of time after discovering the defect.
9.4. If Stan Verwaaij Haagplanten deems the complaint valid, the relevant products will be repaired, replaced, or reimbursed after consultation with the Customer. Subject to the provisions of the Article regarding liability, the maximum reimbursement shall be equal to the price paid by the Customer for the product.
Article 10. Warranty for Business Purchases
10.1. Stan Verwaaij Haagplanten warrants that the products comply with the Agreement, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the statutory provisions and/or government regulations in effect on the date the Agreement is concluded. If specifically agreed upon, Stan Verwaaij Haagplanten also warrants that the product is suitable for use other than normal use. Otherwise, the product is deemed suitable for normal use.
10.2. If the delivered product does not conform to the Agreement at the time of delivery, the Customer must notify Stan Verwaaij Haagplanten within a reasonable period after discovering the defect.
10.3. If Stan Verwaaij Haagplanten deems the complaint to be valid, the relevant products will be repaired, replaced, or (partially) reimbursed after consultation with the Customer.
Article 11. Complaint Procedure
11.1. If the Customer has a complaint about a product (in accordance with the Article on warranty and conformity) and/or about other aspects of the services provided by Stan Verwaaij Haagplanten, the Customer may submit a complaint to Stan Verwaaij Haagplanten by phone, email, or mail. See the contact information at the bottom of the Terms and Conditions.
11.2. Stan Verwaaij Haagplanten will respond to the Customer’s complaint as soon as possible, but in any case within 10 days of receiving the complaint. If it is not yet possible to provide a substantive or final response, Stan Verwaaij Haagplanten will, within 10 days of receiving the complaint, acknowledge the complaint and provide an estimate of the timeframe within which it expects to provide a substantive or final response to the Customer’s complaint.
11.3. Customers who are not acting in the course of their profession or business may also file a complaint through the European Online Dispute Resolution platform, accessible at http://ec.europa.eu/odr/.
Article 12. Liability
12.1. This Article applies only if the Customer is a natural person or a legal entity acting in the course of its profession or business.
12.2. Stan Verwaaij Haagplanten’s total liability to the Customer for any attributable failure to perform the Agreement is limited to compensation not exceeding the amount agreed upon for that Agreement (including VAT).
12.3. Stan Verwaaij Haagplanten’s liability to the Customer for indirect damages—including, in any event, but expressly not limited to, consequential damages, lost profits, lost savings, loss of data, and damages resulting from business interruption—is excluded.
12.4. Except as provided in the preceding two paragraphs of this Article, Stan Verwaaij Haagplanten shall have no liability whatsoever to the Customer for damages, regardless of the grounds on which a claim for compensation might be based. However, the limitations set forth in this Article shall not apply if and to the extent that the damage results from willful misconduct or gross negligence on the part of Stan Verwaaij Haagplanten.
12.5. Stan Verwaaij Haagplanten’s liability toward the Customer for an attributable failure to perform an Agreement arises only if the Customer promptly and properly gives Stan Verwaaij Haagplanten written notice of default, setting a reasonable period for remedy the breach, and Stan Verwaaij Haagplanten continues to fail to fulfill its obligations even after that period has elapsed. The notice of default must contain as detailed a description as possible of the breach, so that Stan Verwaaij Haagplanten is able to respond appropriately.
12.6. Any right to compensation is always contingent upon the Customer reporting the damage to Stan Verwaaij Haagplanten in writing as soon as possible, but no later than 30 days after it occurs.
12.7. In the event of force majeure, Stan Verwaaij Haagplanten is not obligated to compensate the Customer for any damages incurred as a result.
Article 13. Retention of Title for Business Purchases
13.1. All delivered goods remain the property of Stan Verwaaij Haagplanten until all claims that Stan Verwaaij Haagplanten has against the Business Customer (including any related (collection) costs and interest) have been paid in full.
13.2. Prior to the transfer of ownership referred to above, the Business Customer is not authorized to sell, deliver, or otherwise dispose of these goods, except in accordance with its normal course of business and the normal intended use of the goods. Furthermore, the Business Customer is not permitted to pledge these goods or grant any other right to them to third parties as long as ownership of these goods has not been transferred to the Business Customer.
13.3. The Business Customer is obligated to store the goods delivered under retention of title with due care and in a manner that clearly identifies them as the property of Stan Verwaaij Haagplanten.
13.4. Stan Verwaaij Haagplanten is entitled to reclaim the goods delivered under retention of title that are still in the buyer’s possession if the Business Customer fails to ensure timely payment of the invoices or is experiencing or is at risk of experiencing financial difficulties.
13.5. The Business Customer shall at all times grant Stan Verwaaij Haagplanten free access to its premises for the purpose of inspection and/or the exercise of Stan Verwaaij Haagplanten’s rights.
Article 14. Personal Data
14.1. Stan Verwaaij Haagplanten processes the Customer’s personal data in accordance with the privacy statement published on the Website.
Article 15. Final Provisions
15.1. The Agreement is governed by Dutch law. Page 8 of 9
15.2. Unless otherwise required by mandatory law, any disputes that may arise in connection with the Agreement shall be submitted to the competent Dutch court in the judicial district where Stan Verwaaij Haagplanten is located.
15.3. If any provision of these General Terms and Conditions is found to be void, this shall not affect the validity of the General Terms and Conditions as a whole. In such a case, the parties shall adopt one or more new provisions in its place that, to the extent permitted by law, give effect to the intent of the original provision.
15.4. For the purposes of these General Terms and Conditions, “in writing” also includes communication by email and fax, provided that the sender’s identity and the integrity of the email are sufficiently established.
Contact Information
If you have any questions, complaints, or comments after reading these Terms and Conditions, please feel free to contact us in writing or by email.
Stan Verwaaij Hague Plants
9 Aaldonksestraat
6595 NB, Ottersum
Phone: +31 (0)6 57 95 94 00
Email: info@stanverwaaijhaagplanten.nl
Chamber of Commerce number: 78100585
VAT number: 003293311B79