General terms and conditions

GENERAL TERMS AND CONDITIONS WEBSHOP (B2C)
Article 1 - Definitions
plant-onlineshop.nl, located in Nieuw-Vennep, Chamber of Commerce number: 93337019, is referred to in these general terms and conditions
referred to as seller.
The counterparty of the seller is referred to in these general terms and conditions as the buyer.
The parties are seller and buyer together.
The Agreement means the purchase agreement between the parties.
Article 2 - Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, agreements and deliveries of services or
goods by or on behalf of seller.
Deviation from these conditions is only possible if this has been expressly agreed in writing by the parties.
Article 3 - Payment
The full purchase price is always paid immediately in the webshop. In some cases, reservations are made
a deposit is expected. In that case, the buyer will receive proof of the reservation and the prepayment.
If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations
to suspend until the buyer has fulfilled his payment obligation.
If the buyer remains in default, the seller will proceed to collection. The costs relating to that collection
are for the account of the buyer. These collection costs are calculated on the basis of the Decree on compensation
for extrajudicial collection costs.
In the event of liquidation, bankruptcy, attachment or suspension of payments of the buyer, the claims of
seller's debts immediately due and payable to the buyer.
If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged to
to pay the agreed price to the seller.
Article 4 - Offers, quotations and price
Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted,
If accepted within the specified period, the offer will lapse.
Delivery times in quotations are indicative and do not entitle the buyer to cancellation or termination if they are exceeded.
compensation, unless the parties have expressly agreed otherwise in writing.
Offers and quotations do not automatically apply to repeat orders. Parties must expressly and
agree in writing.
The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and
any other government levies.
Article 5 - Right of withdrawal
The consumer has the right to cancel the agreement without giving notice within 14 days of receiving the order.
to cancel for reasons. The term starts from the moment the entire order has been received by the consumer.
has been received.
There is no right of withdrawal if the products are custom-made according to his specifications or only
have a short shelf life.

The consumer can use a withdrawal form from the seller. The seller is obliged to do this immediately after the request
to be made available by buyer to buyer.
During the cooling-off period, the consumer will handle the product and its packaging with care. He will return the product
unpack or use only to the extent necessary to assess whether he wants the product
to retain. If he exercises his right of withdrawal, he will return the unused and undamaged product
with all accessories supplied and - if reasonably possible - in the original shipping packaging to the seller
return, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6 - Amendment of the agreement
If during the execution of the agreement it appears that the proper execution of the assignment
is necessary to change or supplement the work to be performed, the parties shall adjust in a timely manner and in accordance with
mutually agree the agreement accordingly.
If the parties agree that the agreement will be amended or supplemented, the time of completion may
of the execution are affected thereby. Seller shall inform buyer of this as soon as possible.
If the change or addition to the agreement has financial and/or qualitative consequences,
Seller shall inform Buyer of this in advance in writing.
If the parties have agreed on a fixed price, the seller will indicate to what extent the change or
supplement to the agreement results in an excess of this price.
By way of exception to the provisions of the third paragraph of this article, the seller may not charge additional costs
if the change or addition is the result of circumstances that can be attributed to him.
Article 7 - Delivery and transfer of risk
Once the purchased item has been received by the buyer, the risk passes from seller to buyer.
Article 8 - Investigation and complaints
The buyer is obliged to accept the delivered goods at the time of delivery, but in any case within the shortest possible time.
term to investigate. The buyer must investigate whether the quality and quantity of the delivered goods
correspond to what the parties have agreed, or at least that the quality and quantity meet the requirements
that apply in normal (commercial) transactions.
Complaints regarding damage, shortages or loss of delivered goods must be submitted within 10
working days after the day of delivery of the goods by the buyer in writing to the seller.
If the complaint is found to be justified within the specified period, the seller has the right to either repair or
to re-deliver, or to cancel delivery and send the buyer a credit note for that part of the purchase price.
Minor and/or industry-standard deviations and differences in quality, quantity, size or finish may occur.
not be held against the seller.
Complaints regarding a specific product do not affect other products or parts.
belonging to that same agreement.
After the goods have been processed by the buyer, no more complaints will be accepted.
Article 9 - Samples and models
If a sample or model has been shown or provided to the buyer, it is presumed to be indicative only.
provided without the item to be delivered having to correspond to it. This is different if the parties have expressly agreed
agreed that the item to be delivered will correspond to this.
In agreements concerning real estate, the surface area or other dimensions are stated
and indications are also presumed to be intended only as an indication, without the item to be delivered being affected by it
needs to be answered.

Article 10 - Delivery
Delivery is 'ex works/shop/warehouse'. This means that all costs are for the buyer.
The buyer is obliged to take delivery of the goods at the time the seller delivers them to him or has them delivered, then
at the time when these items are made available to him in accordance with the agreement.
If the buyer refuses to accept delivery or fails to provide information or instructions necessary for
the delivery, the seller is entitled to store the item at the expense and risk of the buyer.
If the goods are delivered, the seller is entitled to charge any delivery costs.
If the seller needs information from the buyer for the execution of the agreement, the delivery time commences
after the buyer has made this information available to the seller.
A delivery period specified by the seller is indicative. This is never a fatal term. If the delivery period is exceeded
of the term, the buyer must give the seller written notice of default.
The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing.
or partial delivery has no independent value. In the event of partial delivery, the seller is entitled to
to be invoiced separately.
Article 11 - Force Majeure
If the seller is unable to fulfil his obligations under the agreement, or is unable to fulfil them in a timely manner or properly,
force majeure, he is not liable for any damage suffered by the buyer.
The parties understand force majeure to mean in any case any circumstance that the seller was faced with at the time of entering into the agreement.
of the agreement could not be taken into account and as a result of which the normal performance of the
agreement cannot reasonably be expected by the buyer, such as illness, war or
danger of war, civil war and riot, molestation, sabotage, terrorism, power failure, flood, earthquake,
fire, occupation of company premises, strikes, lockouts, changes in government measures,
transportation difficulties, and other disruptions in the seller's business.
Furthermore, the parties understand force majeure to mean the circumstance that suppliers on which the seller depends
is not to fulfil the contractual obligations towards the seller for the performance of the agreement, unless
this is attributable to the seller.
If a situation as referred to above occurs as a result of which the seller is unable to fulfil his obligations
to the buyer, those obligations will be suspended as long as the seller does not meet his obligations
can meet. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right
to terminate the agreement in writing in whole or in part.
If the force majeure lasts longer than three months, the buyer has the right to terminate the agreement immediately.
entrance to dissolve. Dissolution can only be done by registered letter.
Article 12 - Transfer of rights
No rights of either party under this Agreement may be assigned without the prior written consent of
written consent of the other party. This provision applies as a clause with property law effect
as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.
Article 13 - Retention of title and right of retention
The goods present at the seller and the goods and parts delivered remain the property of the seller until the buyer
has paid the entire agreed price. Until that time, the seller can invoke his retention of title and the
take things back.

If the agreed amounts to be paid in advance are not paid or are not paid on time, the seller has the right
to suspend the work until the agreed part has been paid. This is then a case of
creditor's default. In that case, a late delivery cannot be held against the seller.
The seller is not authorised to pledge the items subject to his retention of title or to use them in any other way.
manner to object.
Seller undertakes to insure and keep insured the goods delivered to buyer under retention of title.
against fire, explosion and water damage as well as against theft and the policy is available for inspection upon first request
to give.
If goods have not yet been delivered, but the agreed advance payment or price is not as agreed
satisfied, the seller has the right of retention. The item will then not be delivered until the buyer has paid in full and in accordance
appointment has been paid.
In the event of liquidation, insolvency or suspension of payment of the buyer, the obligations of the buyer shall be
immediately due and payable.
Article 14 - Liability
Any liability for damage arising from or related to the performance of a
agreement, is always limited to the amount agreed in the relevant case by the party concluded
liability insurance(s) is paid out. This amount is increased by the amount of the deductible
risk under the relevant policy.
The seller is not liable for damage resulting from intent or deliberate conduct.
recklessness of the seller or his managerial subordinates.
Article 15 - Obligation to complain
The buyer is obliged to report complaints about the work performed to the seller immediately. The complaint contains as much
detailed description of the deficiency as possible, so that the seller is able to respond adequately.
If a complaint is justified, the seller is obliged to repair the goods and, if necessary, replace them.
Article 16 - Guarantees
If the agreement contains guarantees, the following applies. Seller guarantees that the
sold complies with the agreement, that it will function without defects and that it is suitable for
the use that the buyer intends to make of it. This guarantee applies for a period of two calendar years
after receipt of the goods sold by the buyer.
The intended guarantee is intended to establish a risk allocation between seller and buyer in such a way that
the consequences of a breach of a warranty are always entirely at the expense and risk of the seller and that
seller can never rely on article 6:75 BW in respect of a breach of a guarantee. The provision in the
The previous sentence also applies if the infringement was known to the buyer or could have been known by performing
research.
The stated warranty does not apply if the defect is the result of improper or inappropriate use.
use or when - without permission - the buyer or third parties have made or attempted to make changes
have to apply or have used the purchased item for purposes for which it is not intended.
If the warranty provided by the seller relates to an item produced by a third party, the
warranty limited to the warranty provided by that manufacturer.
Article 17 - Intellectual property
plant-onlineshop.nl reserves all intellectual property rights (including copyright, patent rights, trademark rights,
design and model rights, etc.) on all products, designs, drawings, writings, data carriers or

other information, quotations, images, sketches, models, mock-ups, etc., unless the parties have agreed otherwise in writing
agreed.
The customer may not use the aforementioned intellectual property rights without prior written permission from
plant-onlineshop.nl (have it) copied, shown to third parties and/or made available or used in any other way.
Article 18 - Amendment of general terms and conditions
plant-onlineshop.nl is entitled to change or supplement these general terms and conditions.
Minor changes may be made at any time.
Plant-onlineshop.nl will discuss major content changes with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a material change to the general terms and conditions.
say.
Article 19 - Applicable law and competent court
Dutch law applies exclusively to any agreement between the parties.
The Dutch court in the district where plant-onlineshop.nl is located has exclusive jurisdiction to hear
to take any disputes between the parties, unless the law prescribes otherwise.
The applicability of the Vienna Sales Convention is excluded.
If one or more provisions of these general terms and conditions are deemed unreasonable in legal proceedings,
are considered onerous, the remaining provisions shall remain in full force.
Article 20 - Attribution
These terms and conditions were created with the help of Rocket Lawyer (https://www.rocketlawyer.com/nl/nl).
These general terms and conditions apply since: March 22, 2024