General Terms and Conditions
GENERAL TERMS AND CONDITIONS WEBSHOP VOF DE PLANTREKKERS
Article 1 Identity of the seller
VOF De Plantrekkers
Address: Zandstraat 11. 3381 Glabbeek
Email address: louis@deplantrekkers.com
Phone number: +32488428744
Company number: 0771.824.347
Bank account number: BE74 7330 6117 5607
Article 2 Applicability & conditions
Our general terms and conditions apply to every offer from us as a Webshop owner to you as a Consumer (any natural person who, exclusively for non-professional purposes, acquires or uses products or services placed on the market).
We only deliver in Belgium. If you give a delivery address in another country, we can refuse your order.
To place an order, you must be at least 18 years old. If you are not 18, we ask you to have your parent or legal guardian place the order. If we notice that an order has been placed by a minor, we may refuse this order.
Placing an order on the website constitutes express acceptance of our general terms and conditions of sale, which are always available via the website.
If you order online, we will also provide you with a copy of these general terms and conditions in a format that you can save or print, together with the order confirmation or at the latest upon delivery. We recommend that you always do this.
If, in addition to these general terms and conditions, additional special conditions also apply, the above also applies to those special conditions. If our general terms and conditions conflict with those special conditions, you as a consumer can always invoke the most favorable text to your advantage.
Article 3 Our offer and your order
If an offer has a limited period of validity or is subject to certain conditions, we will explicitly state this in our offer.
We always describe as completely and accurately as possible what we sell you and how the ordering process will proceed. The description is in any case sufficiently detailed to allow you to make a good assessment. If we use images, these are a true representation of the goods and/or services offered. However, to err is human and if we have clearly made a mistake, we are not obliged to deliver to you after all.
Your order is complete and the agreement between us is final once we confirm your order by email and once we have received approval from the card issuer for your payment transaction by credit or debit card. We accept Mastercard, Maestro, PayPal, American Express, Apple Pay, Google Pay, Visa. If the issuer of your card refuses to approve your payment to us, we cannot be held responsible for any delays in delivery and/or non-delivery of your order. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
Article 4 Right of withdrawal
If you purchase goods or services from us, you have the right to decide that you do not want to keep the goods within 14 days from delivery or conclusion of the agreement. You can then return your order without paying a fine and without giving a reason (you will pay the costs for this yourself). Within 14 days after we have received your order back or you have indicated that you want to cancel the agreement, we will refund you the full purchase price using the same payment method you used to pay.
The direct costs of returning the goods are therefore at your expense. We will indicate what the cost price is or make an estimate, if this cannot reasonably be calculated in advance. If the goods cannot possibly be returned by post, we will collect them from you and you will not be charged any costs for this.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
During the first 14 days after delivery, we expect you to handle the order and packaging with care. If you still want to be able to return the goods as described above, you may only unpack or use them to the extent necessary to assess whether you wish to keep them. If you return the goods, this must be done, if possible, together with the original packaging, with all accessories supplied and in the original condition and packaging and taking into account our instructions below.
You can return your return package by post or courier.
To exercise your right of withdrawal correctly, you can let us know by e-mail that you wish to return your order. We will send you an e-mail confirmation of receipt of your withdrawal.
According to Belgian law, the following are exempt from the right of withdrawal: goods that spoil quickly or have a limited shelf life. Art. VI.53, 4° of the WER exempts us from this. You cannot return your plants after delivery because we do not know how and whether they have been properly cared for.
Article 5 The price
During the period we mention in our offer, our prices will not change, except for price changes due to changes in VAT rates.
Our prices include all taxes, VAT, duties and services unless otherwise stated. So you will never be faced with surprises. We can decide to charge shipping costs on top of the purchase price. In that case, we will always report this before you finally place your purchase.
De Plantrekkers VOF reserves the right to adjust orders to the correct applicable price or to cancel them unilaterally if it appears that the price indications and/or product descriptions of (a) product(s) and any combined options on the website are incorrectly indicated as a result of a technical or human error.
Article 6 Payment
We can only accept payment via the payment modules on our website.
To ensure secure online payment and the security of your personal data, transaction data is encrypted with SSL technology and sent over the internet. You do not need any special software to pay with SSL. You can recognize a secure SSL connection by the "lock" in the bottom status bar of your browser.
Article 7 Conformity and Warranty
We guarantee that our goods are in accordance with your order and meet the normal expectations that you may have of them, taking into account the specifications of the product. We also guarantee that our goods meet all laws existing at the time of your order.
In addition, we apply the statutory minimum warranty period of two years with regard to the delivery of goods if the goods do not conform to the order placed. This means that in the event of defects or faults to the goods up to 2 years after delivery, these goods will be repaired or replaced free of charge. Insofar as this is possible and reasonable, you have the choice between repair or replacement. Only if the repair or replacement is excessive or impossible or cannot be carried out within a reasonable period, do you have the right to demand a price reduction or the termination of the sales agreement. If the defect or fault manifests itself within 6 months after delivery, it is deemed to have already existed before delivery, unless we can prove otherwise. After 6 months, you will have to prove yourself that the defect was already present upon delivery.
Article 8 Delivery and execution
All goods and services will be delivered to the address you specify when placing your order.
When an item is in stock it will be offered to your delivery address in a maximum of 5 working days. When an item is not in webshop stock, it will be offered to your delivery address in a maximum of 7 working days.
The shipping rate depends on the distance, weight and size of the package. We will always let you know in advance so that you can still choose to pick it up.
If we are unable to deliver on time, we will always notify you before the expiry of the expected delivery period. If we do not do this, you can cancel your order free of charge. In that case, we will refund you within 30 days after cancellation.
Our shipments are always at our risk. So you don't have to worry about goods getting lost in the mail. However, if you return goods to us within 14 days of purchase because you prefer not to keep them, you are responsible for the transport.
If the goods delivered by us were damaged during transport, do not correspond to the items stated on the delivery note or do not correspond to the items you ordered, you must report this as soon as possible and certainly within 3 days and return the items to us within 14 calendar days of receipt. We cannot be held responsible for any consequential damage due to late delivery or non-delivery by the carrier appointed by the company. Our liability in such cases remains limited to the value of the items that are proven not to have been received by the customer.
Article 9 Duration
The Consumer may terminate an agreement entered into for an indefinite period at any time, taking into account the agreed termination rules and a notice period of no more than one month.
An agreement entered into for a fixed term has a maximum term of two years.
If it has been agreed in a fixed-term goods agreement that the Distance Contract will be extended if the Consumer remains silent, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Where a fixed-term service contract concluded between the Company and the Consumer contains a tacit renewal clause, this clause shall be placed in bold letters and in a frame separate from the text, on the front of the first page.
This provision states the consequences of the tacit renewal, including the provision of the following paragraph regarding termination, as well as the final date on which the Consumer can object to the tacit renewal of the agreement and the manner in which he gives notice of this objection. After the tacit renewal of a fixed-term service agreement, the Consumer can terminate the agreement at any time without compensation, taking into account the notice period of a maximum of two months.
Article 10 Force Majeure
In the event of force majeure, we are not obliged to fulfil our obligations. In that case, we can either suspend our obligations for the duration of the force majeure, or terminate the agreement definitively.
Force majeure is any circumstance beyond our control and will that prevents the fulfillment of our obligations in whole or in part. This includes, among other things, strikes, fire, business disruptions, power failures, disruptions in a (telecommunication) network or connection or used communication systems and/or the unavailability of our website at any time, non-delivery or late delivery by suppliers or other third parties,...
Article 11 Intellectual property
Our website, logos, texts, photos, names and in general all our communications are protected by intellectual property rights that belong either to us or to our suppliers or other rights holders.
It is prohibited to use and/or make changes to the intellectual property rights as described in this article. For example, you may not copy or reproduce drawings, photos, names, texts, logos, color combinations, etc. without our prior and express written permission.
Article 12 Complaints procedure and disputes
We always hope that all our customers are satisfied. If you have any complaints about our services, you can contact us via email address: alauwers99@gmail.com. We will do everything we can to handle your complaint within 7 days.
In the event of out-of-court settlement of the dispute, the Consumer Ombudsman Service of the Federal Government is competent to receive any request for out-of-court settlement of consumer disputes. It will in turn either handle the request itself or forward it to a qualified entity. You can reach the Consumer Ombudsman Service via this link: http://www.consumentenombudsdienst.be//nl
In the event of disputes of a cross-border nature, you can also use the European Union's Online Dispute Resolution platform via this link: http://ec.europa.eu/odr.
All agreements that we conclude with our customers, regardless of their place of residence, are exclusively governed by Belgian law and in the event of disputes, only the competent Belgian courts are competent. If, for reasons of international law, another law applies, the interpretation of the current general terms and conditions will first be based on the Belgian Market Practices and Consumer Protection Act.