General Terms and Conditions Webshop Plantics
Article 1 - Definitions
The following terms are used in these general terms and conditions:
- Additional Agreement: an agreement whereby the consumer acquires products based on a distance contract and these items are delivered by Plantics or by a third party based on an arrangement between that third party and Plantics;
- Cooling-Off Period: the period during which the consumer may exercise his/her right of withdrawal;
- Consumer: the natural person who is not acting in a professional capacity or representing a company;
- Day: calendar day;
- Digital Content: data produced and delivered in digital form;
- Durable Medium: any means, including email, that allows consumers or Plantics to store information directed to them personally in a manner that makes future consultation or use possible during a period that is aligned with the purpose for which the information is intended and which makes unaltered reproduction of the stored information possible;
- Right of Withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
- Standard Withdrawal Form: the European standard withdrawal form included in Annex I to these terms and conditions;
- Distance Contract: an agreement between Plantics and the consumer within the framework of an organised system for the distance selling of products, whereby exclusive or additional use is made of one or more distance communication technologies up to the conclusion of the agreement;
- Plantics: the legal entity Plantics A B.V., with its registered office at Westervoortsedijk 73 BF (6827 AV) in Arnhem, entered in the trade register under number 73383678;
- Distance Communication Technology: a means that can be used for concluding an agreement, without the need for the consumer and Plantics to be together in the same place at the same time.
Article 2 - Identity of Plantics
Plantics A B.V.
trading as: Plantics
Westervoortsedijk 73 BF, 6827 AV Arnhem, the Netherlands
Telephone number: +31 (0)26 30 36 040
CoC number: 73383678
VAT identification number: NL859501681B01
Article 3 - Scope
- These general terms and conditions apply to any offer from Plantics and to any Distance Contract concluded between Plantics and the Consumer.
- The text of these general terms and conditions shall be made available to the Consumer before the Distance Contract is concluded. If this is not reasonably possible, Plantics shall, before the Distance Contract is concluded, indicate how the general terms and conditions may be inspected at Plantics and that they shall be sent free of charge as soon as possible at the Consumer’s request.
- If the Distance Contract is concluded electronically, then, by way of derogation from the previous paragraph and before the Distance Contract is concluded, the text of these general terms and conditions can be made available to the Consumer by electronic means in such a way that they may easily be stored by the Consumer on a Durable Medium. If this is not reasonably possible, before the Distance Contract is concluded information shall be provided as to how the general terms and conditions may be viewed electronically and that they shall be sent by electronic means or in some other way free of charge at the Consumer’s request.
Article 4 - The offer
- If an offer is valid for a limited period or is subject to conditions, these shall be stated explicitly in the offer.
- The offer shall include a complete and accurate description of the products offered. The description of the product shall be sufficiently detailed so that the Consumer can make a good assessment of the offer. If Plantics uses images, these shall be a true reflection of the products offered. Obvious errors or obvious mistakes in the offer shall not be binding for Plantics.
- Every offer shall contain such information that it is clear to the Consumer what the rights and obligations are that are attached to the acceptance of the offer.
Article 5 - The agreement
- Subject to the provisions of paragraph 4, the agreement shall be concluded the moment the Consumer has accepted the offer and met the conditions set.
- If the Consumer has accepted the offer by electronic means, Plantics shall promptly confirm by electronic means that it has received the acceptance of the offer. Until receipt of this acceptance is confirmed by Plantics, the Consumer may dissolve the agreement.
- If the agreement is realised electronically, Plantics shall implement suitable technical and organisational measures to safeguard the electronic data transfer and shall ensure a secure web environment. If the Consumer can pay electronically, Plantics shall adopt appropriate security measures to this end.
- With the delivery of the product to the Consumer at the very latest, Plantics shall also send the following information, in writing or in such a manner that it can be stored by the Consumer in an accessible manner on a Durable Medium:
- the visiting address of the Plantics establishment where the Consumer can file complaints;
- the terms and conditions under which and the manner in which the Consumer may make use of the Right of Withdrawal, or clear notification in the event of exclusion of the Right of Withdrawal;
- the information on guarantees and existing after-sales service;
- the price including all taxes for the product, the delivery costs, the method of payment, delivery and execution of the Distance Contract;
- the Standard Withdrawal Form if the Consumer has a Right of Withdrawal.
Article 6 - Right of Withdrawal for the Consumer
- The Consumer may without giving reasons dissolve an agreement regarding the purchase of a product during a Cooling-Off Period of 14 days. Plantics may ask the Consumer about the reason for withdrawal, but cannot oblige him/her to give his/her reason(s).
- The Cooling-Off Period referred to in paragraph 1 shall commence on the day after the Consumer, or a third party appointed in advance by the Consumer, who is not the carrier, has received the product. If the Consumer has ordered multiple products in the same order, the Cooling-Off Period referred to in paragraph 1 shall commence on the day on which the Consumer, or the aforementioned third party, has received the last product.
- If the 14th day of the aforementioned Cooling-Off Period falls in a weekend or on a public holiday, the Cooling-off Period shall end on the next working day.
Article 7 - The Consumer’s obligations during the Cooling-Off Period
- During the Cooling-Off Period, the Consumer shall handle the product and packaging with care. He/she shall only unpack or use the product to the extent necessary to determine the nature, characteristics and function of the product. The guiding principle here is that the Consumer may only handle and inspect the product as he/she would be allowed to do in a shop.
- The Consumer shall only be liable for any decrease in the value of the product that results from handling the product in a manner that goes beyond that permitted in paragraph 1.
- The Consumer shall not be liable for any decrease in the value of the product if Plantics has not provided him/her with all legally required information about the Right of Withdrawal prior to or upon the conclusion of the agreement.
Article 8 - Exercise of the Right of Withdrawal by the Consumer and the associated costs
- If the Consumer exercises his/her Right of Withdrawal, he/she shall notify Plantics of this within the Cooling-off Period using the Standard Withdrawal Form (see below, Annex 1) or in some other unambiguous manner.
- The Consumer shall send the product back or hand it over to (an authorised representative of) Plantics as soon as possible, but certainly within 14 days from the day following the notification referred to in paragraph 1. This shall not be necessary if Plantics has offered to collect the product itself. The Consumer shall in any case have complied with the return deadline if he/she sends the product back before the Cooling-Off Period has expired.
- The Consumer shall send the product back with all delivered accessories, in the original state and packaging if reasonably possible, and in accordance with the reasonable and clear instructions provided by Plantics.
- The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal shall rest with the Consumer.
- The Consumer shall bear the direct costs of returning the product.
- If the Consumer exercises his/her Right of Withdrawal, all Additional Agreements shall automatically be dissolved.
Article 9 - Obligations of Plantics in case of withdrawal
- If Plantics enables the Consumer to provide notice of withdrawal electronically, it shall send confirmation of receipt promptly after receiving this notification.
- Plantics shall reimburse all payments made by the Consumer, though not any delivery costs charged by Plantics for the delivered product, without delay but certainly within 14 days following the day on which the Consumer notifies Plantics of the withdrawal.
- Unless Plantics offers to collect the product itself, it may withhold reimbursement until it has received the product or until the Consumer demonstrates that he/she has sent the product back, whichever occurs first.
- For the reimbursement, Plantics shall use the same payment method used by the Consumer, unless the Consumer consents to another method. The reimbursement shall be free of charge for the Consumer.
Article 10 - The price and payment
- During the period of validity stated in the offer, the prices of the products offered shall not be raised, except for price changes due to changes in VAT rates.
- The prices indicated for products in the offer shall include VAT.
- To the extent that the agreement does not provide otherwise, the amounts owed by the Consumer should be paid immediately upon the conclusion of the Distance Contract.
Article 11 – Compliance with the agreement, delivery and execution
- Plantics shall take the greatest possible care when receiving and executing orders for products.
- The place of delivery shall be the address provided by the Consumer to Plantics.
- Plantics shall execute accepted orders within 8 weeks unless a different delivery period has been agreed upon. Plantics shall not be liable if the stated delivery period is exceeded if and when the delay could not have reasonably been prevented by Plantics. If the stated delivery period is exceeded, this shall not entitle the Consumer to claim compensation or to dissolve the agreement.
- Plantics shall warrant that the products shall comply with the agreement, the specifications stated in the offer and the reasonable requirements of reliability and/or usability.
- The risk of damage and/or loss in relation to products shall be borne by Plantics until the moment of delivery to the Consumer or to a representative appointed in advance and made known to Plantics, unless explicitly agreed otherwise.
Article 12 - Guarantee
- Plantics grants for the products delivered, counting from the day after the Consumer, or a third party appointed in advance by the Consumer who is not the carrier, has received the product, the Consumer the following guarantees insofar as the defect has occured during normal use and is attributable to Plantics:
- within 1 year after delivery of the product: the costs of repair or replacement are fully borne by Plantics;
- after 1 year, but within 2 years after delivery of the product: 2/3 of the costs of repair or replacement will be borne by Plantics;
- after 2 years, but within 3 years after receipt of the product: 1/3 of the costs of repair or replacement will be borne by Plantics.
- Incorrect use or insufficient care for the delivered products will invalidate the above guarantees, if and insofar as the complaint is related to incorrect use and/or insufficient care.
Article 13 - Complaints procedure
- The Consumer should inspect the product delivered by Plantics for any shortcomings as soon as possible after delivery.
- Complaints about the product delivered should be submitted to Plantics by the Consumer within 14 days of his/her discovery of the shortcomings, with a full and clear description.
- Complaints submitted to Plantics shall be answered within a period of 14 days from the date of receipt. If a complaint is expected to require a longer processing period, Plantics shall respond within a period of 14 days with a notice of receipt and an indication of when the Consumer can expect a more detailed response.
Article 14 - Disputes
- All agreements between Plantics and the Consumer to which these general terms and conditions relate shall be governed exclusively by Dutch law.
- In the event of any dispute between Plantics and the Consumer, the court in the district in which Plantics is established shall have exclusive jurisdiction to hear the dispute, unless the law prescribes otherwise.
Annex I – Standard Withdrawal Form
Standard Withdrawal Form
(only complete and return this form if you wish to withdraw from the agreement)
To: Plantics A B.V.
I hereby inform you that I am withdrawing from our agreement regarding
the sale of the following products: [specify products]
received on [date of receipt of products]
[name of consumer]
[address of consumer]
[signature of consumer] (only if this form is submitted on paper)