General Terms and Conditions of Planty Gardening
Planty Gardening B.V. is located at Den Andel, the Streekweg 24. Chamber of Commerce: 7526 0069 VAT no. NL826109895B01
1.1 These general terms and conditions apply to all offers made by Planty Garden. The terms and conditions are accessible to everyone and included on the website of Planty Garden.
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 or stipulations of third parties are not recognized by Planty Garden.
1.4 Planty Garden guarantees that the delivered product meets the agreement and complies with the specifications stated in the offer.
2.1 Delivery will take place as long as stocks last. Planty Gardening will make every effort to remove items from stock immediately and/or announce when delivery can be resumed.
2.2 Within the framework of the rules of distance selling, Planty Garden will carry out orders as quickly as possible, but at least within 30 days. In practice we usually deliver 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 an order can not or only partially implemented, you will receive as soon as possible (but no later than 1 month) after placing the order message and you have the right to cancel the order without cost and notice.
2.3 The obligation of Planty Garden to deliver will, subject to proof to the contrary, have been met as soon as the items delivered by Planty Garden have been offered to the buyer once. In the case of home delivery, the report of the carrier, containing 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 takes place with large trucks. The address must therefore be easily accessible. If this is (temporarily) not the case, the customer is obliged to let us know in time and to postpone and/or cancel the delivery. If this is not done, the resulting transportation costs will be borne by the customer.
The driver fulfills the delivery obligation if he delivers the pallets at the door: on the sidewalk or in the street. Some drivers are willing - if possible and if they have the right equipment - to put the pallets on a driveway or another place but this is always goodwill of the driver and never an obligation. Transportation over gravel, thresholds or other obstacles is not possible due to the weight of the pallets.
If the customer is not at home or reachable by phone - the pallet will be unloaded at the most logical place. If the driver indicates that this is not possible, the pallet will be taken back. Any additional transport costs incurred as a result shall be borne by the customer.
2.4 All terms mentioned on the internet site are indicative. Of course we will do our utmost to meet them, but no rights can therefore be derived from the periods stated.
3.1 All prices on the site are subject to printing and typesetting errors. For the consequences of misprints no liability is accepted.
3.2 All prices on the site are in EURO and include 9 or 21% VAT, unless otherwise indicated.
4. Trial period / right of withdrawal
4.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer 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 buyer has not returned the delivered goods to Planty Garden, the sale will be a fact.
Before proceeding to return items, the buyer is obliged to report this to Planty Garden via customer service within 14 working days of delivery. The buyer must prove that the delivered goods have been returned in time, for example by means of proof of postal delivery.
Goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or in any way damaged by the buyer, the right to terminate within the meaning of this paragraph expires.
Subject to what is stipulated in the previous sentence, Planty Garden will ensure that within 30 days of good receipt of the return shipment, the full purchase amount including the calculated shipping costs will be refunded to the buyer. The return of the delivered goods will be entirely at the buyer's expense and risk.
4.2 The right of withdrawal does not apply to:
goods that are manufactured according to the specifications of the consumer, for example custom-made, or that have a clear personal character.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.
More about right of withdrawal
5. Data management
5.1 If you place an order with Planty Garden, your data will be included in the Planty Garden customer database. Planty Garden observes the Personal Data Registration Act and will not provide your data to third parties. See our Privacy statement.
5.2 Planty Garden will respect the privacy of the users of the Website and will ensure confidential treatment of your personal information.
5.3 In some cases Planty Garden will make use of a mailing list. Each mailing will contain instructions on how to remove yourself from this list.
6.1 Planty Garden guarantees that the products delivered by it meet the requirements of usability, reliability and life span as reasonably intended by the parties to the sales agreement and thereby vouches for the manufacturer's guarantee of the product delivered to you.
6.2 The guarantee period of Planty Garden corresponds to the manufacturer's guarantee period. However, Planty Garden will never be responsible for the final suitability of the products for each individual application by the buyer, nor for any advice regarding the use or application of the products.
6.3 The buyer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered good is wrong, unsound or incomplete, the buyer must (before proceeding to return it to Planty Garden) report these defects immediately to Planty Garden's customer service department. Any defects or faulty goods delivered must and can be reported in writing to Planty Garden up to a maximum of 2 months after delivery.
Goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Putting into use after establishing the default, damage occurring after establishing the default, objection and / or resale after establishing the default, makes this right to complain and return lapse completely.
6.4 If Planty Garden considers a buyer's complaint well-founded, Planty Garden will, at its discretion, either replace the delivered goods free of charge or come to a written agreement with the buyer about compensation for damages, 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 invoice amount for the goods in question or (at the discretion of Planty Garden) to the maximum amount covered by Planty Garden's liability insurance in the case in question.
Any liability of Planty Garden for any other form of damage is excluded, including additional compensation for any form whatsoever, compensation for indirect or consequential damage or damage due to loss of profits.
6.5 Planty Garden is not liable for damage caused by intent or equivalent recklessness by non-managerial staff.
6.6 This guarantee will not apply if:
A) and for as long as the buyer is in default vis-à-vis Planty Garden;
B) the buyer has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties.
C) the delivered goods have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to Planty Garden's instructions and/or instructions for use on the packaging
D) the unsoundness is entirely or partly the result of regulations that the government has laid down or will lay down with regard to the nature or quality of the materials applied;
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Planty Garden reserves the right to revoke or deviate from the offer within 3 working days of receipt of such acceptance.
7.3 Verbal commitments will only be binding on Planty Garden after they have been explicitly confirmed in writing.
7.4 Offers from Planty Garden do not apply automatically to repeat orders.
7.5 Planty Garden cannot be kept to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious mistake or clerical error.
7.6 Supplements, changes and/or further agreements will only be effective if agreed in writing.
8.1 An agreement between Planty Garden and a customer will be established after an order has been assessed for feasibility by Planty Garden. 8.2 Planty Garden reserves the right not to accept orders or commissions without giving reasons 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 weights, dimensions, colors, images of labels, etc. on the website of Planty Garden apply only approximations, are indicative and can not lead to compensation or dissolution of the agreement.
10. Force majeure
10.1 Planty Garden 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. Delay at or failure to perform by our suppliers, internet disruptions, electricity disruptions, e-mail 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 Garden as well as auxiliary persons, staff sickness, deficiencies in auxiliary or transport means, are expressly considered as force majeure.
10.3 In the case of force majeure, Planty Garden 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 Garden be obliged to pay any fine or compensation for damages.
10.4 If Planty Garden 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 buyer 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.
11.1 Planty Garden 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 our website.
12. Retention of title
12.1 Ownership of all items sold and delivered by Planty Garden to the buyer will remain with Planty Garden for as long as the buyer has not paid claims from Planty Garden arising from the agreement or previous or subsequent similar agreements, for as long as the buyer has not yet paid the work carried out or still to be carried out arising from these or similar agreements and for as long as the buyer has not paid claims from Planty Garden due to failure in fulfilling such commitments, including claims in respect of penalties, interest and costs, all this as referred to in article 3:92 of the Dutch Civil Code.
12.2 Items delivered by Planty Garden that come 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 buyer is not authorized to pledge or encumber in any other way the items falling under the retention of title.
12.4 The buyer hereby unconditionally and irrevocably authorizes Planty Garden or a third party to be appointed by Planty Garden, in all cases in which Planty Garden 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 buyer is obliged to inform Planty Garden of this as soon as may reasonably be expected.
12.6 The buyer 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 this insurance policy available for inspection by Planty Garden on demand.
13. One-time collection
13.1 If you do not agree with a collection of your account you can contact us 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 collected.
14. Applicable law/jurisdiction
14.1 All agreements are governed by Dutch law.
14.2 Disputes arising from an agreement between Planty Garden and the buyer, which cannot be resolved by mutual consultations, will be heard by the competent court within the district of Groningen, unless Planty Garden prefers to submit the dispute to the competent court of the buyer'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.
The above terms and conditions apply only to items supplied directly by Planty Garden.
Articles supplied through the website www.makkelijkevegetable garden.nl by other persons or companies are subject to the terms and conditions of those suppliers. Planty Gardening is not liable for this.