Planty Gardening terms and conditions

Planty.io B.V. (Planty Gardening) is registered at
De Streekweg 24, Den Andel, The Netherlands. 
Chamber of Commerce no. 7526 0069 
VAT no. NL826109895B01

1. General

1.1 These general terms and conditions apply to all offers made by Planty Gardening. The terms and conditions are accessible to all and included on the Planty Gardening website.

1.2 By placing an order you agree to the terms and conditions of delivery and payment.

1.3 Unless otherwise agreed in writing, the general or specific terms and conditions of third parties are not recognized by Planty Gardening.

1.4 Planty Gardening guarantees that the delivered product meets the agreement and complies with the specifications stated in the offer.

2. Delivery

2.1 Delivery will take place as long as items are in stock. Planty Gardening will make every effort to remove items from the website that are no longer in stock and/or announce when delivery can be resumed.

2.2 Within the framework of distance selling regulations, Planty Gardening will carry out orders as quickly as possible within 30 days. In practice, deliveries arrive within a few days. If this is not possible because the order is not in stock or no longer available, or for other reasons, or if an order cannot be fully filled and must be partially filled, you will receive a message as soon as possible (but no later than 1 month) after placing the order. If happens, you have the right to cancel the order without cost or advance notice.

2.3 Planty Gardening's obligation to deliver will have been met prima facie as soon as the items delivered by Planty Gardening have been offered to the customer once. In the case of home delivery, a carrier's report that includes the refusal of acceptance will serve as full proof of the offer to deliver.

2.3.1 The following applies to the delivery of pallets: the delivery is done with large trucks. So, the delivery address must be easily accessible. If this is (temporarily) not the case, the customer is obliged to inform Planty Gardening in time and to postpone and/or cancel the delivery. If this is not done, the resulting transportation costs are the customer's responsibility. 

The driver fulfills the delivery obligation if he delivers the pallets at the door, meaning on the sidewalk or in the street. Some drivers are willing - if possible and if they have the right equipment - to put the pallets in a driveway or elsewhere, but this is the driver's choice and is never an obligation. Transportation over gravel, doorsteps or other obstacles is not possible due to the weight of the pallets.

If the customer is not at the delivery address or reachable by phone - the pallet will be unloaded at the most reasonable place available. If the driver determines that this is not possible, they will take the pallet back with them. Any additional transport costs incurred as a result will rest with the customer.

2.4 All time frames mentioned on the website are indicative. We will do our utmost to adhere to them, but the periods stated are not legally binding. 

3. Prices

3.1 All prices on the website are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. 

3.2 All prices on the website are in EURO and include 9 or 21% VAT, unless otherwise stated.

4. Trial period / Right of withdrawal

4.1 In the event of a purchase, in accordance with the Distance Selling Regulation (Article 7:5 of the Dutch Civil Code), the customer has the right to return (part of) the goods delivered within a period of 7 working days without giving any reason. This period begins when the ordered goods are delivered. If, at the end of this period, the customer has not returned the delivered goods to Planty Gardening, the sale will be final.

Or, before proceeding to return an item, the customer is obliged to report the intention to return to Planty Gardening via customer service within 14 working days of delivery. The customer must then provide proof that the delivered goods have been returned in time, for example with proof of postal delivery.

Items must be returned in the original packaging (including accessories and accompanying documentation) and in original condition. If the goods have been used, tampered with, or in any way damaged by the customer, the right to withdrawal from the purchasing agreement and return items as stated in this section is null and void.

If items are returned in original packaging and condition as stated above, Planty Gardening will ensure that the full purchase amount (including the original cost of shipping) will be refunded to the customer within 14 days of receipt of the returned shipment. Costs for returning items are at the customer's own expense and risk.

4.2 The right of withdrawal does not apply to:

  • items that are manufactured according to the specifications of the customer, for example custom-made, or having a clear personal nature.
  • for goods or services that by their nature cannot be returned, for example e-books or other digital downloads.
  • for pallets and bags of MM-mix, vermiculite and compost. This is not at our discretion but has to do with the RHP regulations regarding substrates and potting soils.

5. Data management

5.1 If you place an order with Planty Gardening, your data will be included in the Planty Gardening customer database. Planty Gardening observes the General Data Protection Regulation and will not provide your data to third parties. See our Privacy statement.

5.2 Planty Gardening respects the privacy of the users of the Website and ensures confidential treatment of your personal information.

5.3 In some cases Planty Gardening will make use of a mailing list. Each email contains instructions on how to unsubscribe from the list.

6. Guarantee

6.1 Planty Gardening guarantees that the products it provides meet the requirements of usability, reliability and longevity as reasonably intended by the parties in the sales agreement and thereby vouches for the manufacturer's guarantee of the product delivered.

6.2 The Planty Gardening guarantee period corresponds with the manufacturer's guarantee period. However, Planty Gardening will never be responsible for the final suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.

6.3 The customer is obliged to check the delivered items immediately upon receipt. If it appears that a delivered item is incorrect, defective or incomplete, the customer must (before proceeding to return it to Planty Gardening) report these defects immediately to Planty Gardening's customer service department. Any defective or faulty items delivered can and must be reported in writing to Planty Gardening up to 2 months after delivery.

Items must be returned in the original packaging (including accessories and accompanying documentation) and in original condition. Use after detection of the defect, damage after detection of the defect, and/or resale after detection of the defect makes this right to file a complaint and return the item null and void.

6.4 If Planty Gardening finds customer's complaint to be based in fact, Planty Gardening will, at its discretion, either replace the delivered items free of charge or come to a written agreement with the customer about compensation for damages, based on the understanding that Planty Garden's liability and therefore the amount of compensation for damages will always be limited to a maximum of the invoiced amount for the item in question or (at the discretion of Planty Gardening) to the maximum amount covered by Planty Gardening's liability insurance for the case in question.

Any liability of Planty Gardening for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damage, or damage due to loss of profits.

6.5 Planty Gardening is not liable for damage caused by intent or equivalent recklessness by non-managerial staff.

6.6 This warranty will not apply if:

A) and for as long as the customer is in default to Planty Gardening; 

B) the customer has repaired and/or processed the delivered items themselves or has had the items repaired and/or handled by third parties;

C) the delivered items have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to Planty Gardening instructions and/or instructions for use on the packaging; or

D) the defect is entirely or partly the result of regulations the government has or will lay down with regard to the nature or quality of the materials in question.

7. Offers

7.1 Offers are without obligation, unless otherwise stated in the offer.

7.2 Upon acceptance of a non-binding offer by the customer, Planty Gardening reserves the right to revoke or reject the offer within 3 working days of receiving that acceptance.

7.3 Verbal commitments are binding for Planty Gardening only after they have been explicitly confirmed in writing.

7.4 Offers from Planty Gardening do not automatically apply to repeat orders.

7.5 Planty Gardening cannot be held to an offer if the customer should have reasonably understood that the offer, or any part thereof, contained an obvious mistake or error.

7.6 Additions, changes and/or further agreements are only effective if agreed in writing.

8. Agreement

8.1 An agreement between Planty Gardening and a customer will be established after an order has been assessed for feasibility by Planty Gardening. 

8.2 Planty Gardening reserves the right not to accept orders or assignments without giving a reason or to accept them only on the condition that they are sent after advance payment.

9. Images and specifications

9.1 All images, photos, drawings etc., including data regarding weight, dimensions, colors, depictions of labels, etc., on the Planty Gardening website are to be considered approximations, are indicative, and can not lead to compensation or dissolution of the agreement.

10. Force majeure

10.1 Planty Gardening is not liable if and insofar as its commitments cannot be met as a result of force majeure.

10.2 Force majeure means any strange cause, as well as any circumstance that reasonably should not be at its risk. This includes but is not limited to the following: Delays at or failure to perform by our suppliers, internet disruptions, electricity disruptions, email traffic disruptions and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers of Planty Gardening as well as auxiliary persons, staff sickness, deficiencies in auxiliary or transport means, are expressly considered force majeure.

10.3 In the case of force majeure, Planty Gardening reserves the right to suspend its obligations and is also entitled to fully or partially terminate the agreement or to claim that the content of the agreement will be changed in such a way that execution remains possible. In no case will Planty Gardening be obliged to pay any fine or compensation for damages.

10.4 If Planty Gardening has already partially fulfilled its obligations when force majeure arises or can only partially fulfill its obligations, it will be entitled to separately invoice the part already delivered or the deliverable part and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.

11. Liability

11.1 Planty Gardening is not liable for damage to the health of persons or damage to objects caused by improper use of the products. Before use, read the instructions on the packaging and / or consult the Planty Gardening website.

12. Retention of title

12.1 Ownership of all items sold and delivered by Planty Gardening to the customer will remain with Planty Gardening for as long as the customer has not paid claims from Planty Gardening ensuing from the agreement or previous or subsequent similar agreements, as long as the customer has not yet paid for the work performed or to be performed under this or similar agreements and as long as the customer has not paid the claims of Planty Gardening for failure to fulfill such obligations, including claims in respect to penalties, interest and costs, as referred to in Article 3:92 of the Dutch Civil Code.

12.2 Items delivered by Planty Gardening falling under the retention of title may only be sold on within the framework of normal business operations and may never be used as a means of payment.

12.3 The customer is not authorized to pledge or otherwise encumber items subject to retention of title.

12.4 The customer hereby unconditionally and irrevocably authorizes Planty Gardening or a third party to be appointed by Planty Gardening, in all cases in which Planty Gardening wishes to exercise its property rights, to enter all those places where its property will be located and to carry the items there.

12.5 If third parties seize the goods delivered subject to retention of title or wish to establish or assert rights to them, the customer is obliged to inform Planty Gardening of this as soon as may reasonably be expected.

12.6 The customer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection by Planty Gardening on first request.

13. One-time collection

13.1 If you do not agree with an amount paid out from your account, you can contact Planty Gardening via the contact form. You can then expect a response within 2 working days. If your dispute is found to be justified the collected amount will be immediately returned to the account from which it was paid out.

14. Applicable law/jurisdiction

14.1 All agreements are governed by Dutch law.

14.2 Disputes arising from an agreement between Planty Gardening and the customer, which cannot be resolved by mutual consultations, will be heard by the competent court within the district of Groningen, the Netherlands, unless Planty Gardening prefers to submit the dispute to the competent court in the customer's place of residence, with the exception of those disputes that fall under the jurisdiction of the subdistrict court judge.

If you have any questions about these terms and conditions please contact us.

NOTE:

The above terms and conditions apply only to items supplied directly by Planty Gardening.

Articles supplied through the website plantygardening.com by other persons or companies are subject to the terms and conditions of those suppliers. Planty Gardening is not liable for this.