1.1 The general conditions of House Plant Store are accessible to everyone and included on the website of Houseplant Store. They apply to all products and offers from House Plant Store. On request we will send you a written copy.
1.2 The Buyer is understood to mean: every visitor to the website, or any natural or legal person who purchases a product and / or a service through a distance purchase via the website, by telephone, via SMS or in another way.
1.3 The term of approval is understood to mean: the period within which the buyer can make use of his right of withdrawal (see article 5).
1.4 By using the House Plant Store website and / or placing an order, the buyer accepts these terms and conditions.
1.5 House Plant Store reserves the right to change these General Terms and Conditions after the term and / or in the interim. The most current version or the version that applied at the time of the conclusion of the agreement always applies to the agreement that you have concluded with Houseplantstore.
1.6 House Plant Store guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.
2.1 House Plant Store will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
2.2 Delivery takes place while stocks last.
2.3 Orders will be delivered by House Plant Store with due speed, but always at least within 14 days. If this proves to be impossible, because an order is not in stock or there are other reasons for delay or an order can only be partially executed, the buyer will receive notification within 1 month after placing the order and in that case he will be notified the right to cancel the order without costs or to dissolve the agreement to the extent that this is necessary. Exceeding any delivery period does not entitle the buyer to compensation.
2.4 If a product that is temporarily out of stock is ordered by the Buyer, it will be indicated when the product will be available again. Delays will be reported to the Buyer by e-mail, in writing or by telephone.
2.5 Deliveries take place at the address specified by the Buyer during the conclusion of the agreement.
2.6 As soon as the products to be delivered have been delivered to the Buyer at the place of destination, the risk with regard to these products is transferred to the Buyer. If the products to be delivered are offered in vain at the delivery address specified by the Buyer and / or at the post office, resp. are delivered to the neighbors of the Buyer, the risk passes when the products are offered in vain and / or delivered to the post office or to the neighbors to the Buyer.
2.7 The method of packaging, shipping and the choice of packaging material is determined by House Plant Store. Empty plant packaging will not be taken back by House Plant Store unless otherwise agreed in writing.
2.8 The buyer must inspect the products immediately after receipt of the products for damage, shortages in the quantity or other noticeable shortcomings. Any defects that have been found must immediately be reported to House Plant Store in writing and with a photo.
2.9 Deliveries are made by PostNL. We use the following rates for our shipments. Parcel post 6.95 per package. Mailbox post according to the existing rates of PostNL. For orders from € 65.00 and above 10 kg. at total weight, the entire (Dutch) shipping costs are borne by House Plant Store.
2.10 Your order is not insured against loss or damage during shipment. House Plant Store is not responsible for damage or loss during or after transport by PostNL. If you choose to send your order insured, it will be sent insured at an additional cost and you will be insured against damage and loss of your order.
3.1 All prices are expressed in euros, in accordance with the relevant legal requirements, and include sales tax and any statutory contributions, such as a disposal fee.
3.2 Special offers are only valid for the period of validity as stated with that offer.
3.3 Prices are not increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.4 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.
3.5 Delivery costs are not included in the price and are calculated according to the rates of PostNL. Special rates apply for delivery outside the Netherlands. House Plant Store states the costs of delivery that are for the account of the Buyer to the Buyer at the conclusion of the agreement.
4.1 After you have placed an order through House Plant Store you will automatically receive an order confirmation by email. If the total amount of the order confirmation is credited to our bank account, your order will be processed. If an order has been sent, you will be notified. You will find the House Plant Store invoice with your order.
4.2 Payment orders for the bank and giro institutions are for the account and risk of the person who gives the order (or authorization) for payment.
4.3 Price changes may occur. You can always find the most up-to-date prices on www.houseplantstore.nl. We accept no liability for the consequences of printing and typing errors.
4.4 For the delivery of your order you pay a contribution depending on article type and weight.
4.5 The accuracy of all balances specified by or on behalf of Houseplantstore is certain, unless you have indicated that in your opinion something is wrong.
5 Viewing period / Right of withdrawal
5.1 In the event 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 delivered goods within a period of 14 working days without giving a reason. This period starts when the ordered items have been delivered. If this right of withdrawal is used, the buyer must notify House Plant Store of this by email (firstname.lastname@example.org). If the Buyer has not returned the delivered goods to House Plant Store after this period, the purchase is a fact. Returning the delivered goods is entirely for the account and risk of the Buyer. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used by the Buyer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph expires. With due observance of the provisions of the previous sentence, House Plant Store shall ensure that the full purchase amount is repaid to the customer within 30 days of the good receipt of the return shipment. Shipping costs are not refundable.
5.2 The right to dissolution, as described in the previous paragraph, only relates to the delivered goods and will in no case relate to services.
5.3 The right of withdrawal does not apply to:
• services for which the performance, with the consent of the consumer, has started for the period of seven working days
• goods or services whose price depends on fluctuations in the financial market, over which the supplier has no influence
• goods that have been manufactured to the consumer's specifications, for example custom work, or that have a clear personal character
• for goods or services that cannot be returned due to their nature, for example i.v.m. hygiene or that can spoil or age quickly
• audio and video recordings and computer software of which the consumer has broken the seal
• the delivery of newspapers and magazines
6 Retention of title
6.1 Ownership of products, notwithstanding the actual delivery, only passes to the Buyer after the Buyer has fully paid all that the Buyer owes in respect of any agreement with House Plant Store, including the reimbursement of interest and costs, including earlier or subsequent deliveries and any work performed or to be performed with regard to the products.
6.2 The buyer may not, before ownership has passed, tax, sell, resell, dispose of or otherwise encumber the products.
7 Warranty and liability
7.1 House Plant Store guarantees that the products it supplies meet the specifications stated on the website, meet the reasonable requirements of reliability and / or usability and are not in conflict with existing government regulations. If applicable, the general warranty conditions apply to the products supplied by House Plant Store. This is the guarantee as established by the manufacturer or the importer on its products. This guarantee is without prejudice to the rights of the Buyer with regard to the product that result from mandatory statutory provisions.
7.2 Without prejudice to the provisions of this article, there can be no question of warranty if the wear on the product can be considered normal and further in the following cases:
• if changes have been made to the product, including repairs that have not been carried out with the permission of House Plant Store or the manufacturer;
• if defects in the product are the result of improper use or improper use;
• if damage to the product is caused by intent, gross negligence or negligent maintenance on the part of the Buyer.
7.3 House Plant Store is never obliged to pay any compensation to Buyer or others, unless there is intent or willful recklessness on the part of House Plant Store. House Plant Store is never liable for consequential or commercial damage, indirect damage and loss of profit or turnover.
7.4 If House Plant Store is obliged to compensate for any damage, for whatever reason, then the compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.
7.5 The information on the website is regularly supplemented and / or adjusted. House Plant Store reserves the right to make any changes with immediate effect and without notice.
7.6 The content of the website, as well as the content of all other expressions of House Plant Store on the internet, has been compiled with the greatest care. However, House Plant Store cannot give any guarantees with regard to the nature, accuracy or content of that information. House Plant Store is not liable for any errors, inaccuracies, misunderstandings, delays or unclear transmission of orders and communications as a result of the use of the internet or any other (electronic) means of communication between the Buyer and House Plant Store or for the consequences of using the relevant information. House Plant Store furthermore excludes any liability with regard to the advice it has given and answers to questions, unless there is intent or willful recklessness.
7.7 It is possible that House Plant Store will include links on its website to other internet sites that may be interesting or informative for the visitor. Such links are purely informative. House Plant Store is not responsible for the content of the internet sites that are referred to or the use that can be made of them.
7.8 House plant store is not liable for the proper and undisturbed functioning of the telecommunication infrastructure and the equipment used or for the failure or inaccessibility of its system nor for any consequences thereof. This includes, but is not limited to, disruptions in the connection with internet providers, disruptions in used telecommunications connections, full line utilization, power outages and other disruptions.
7.9 House Plant Store is furthermore not liable for any damage caused by temporary or non-availability of the order option, inaccessibility or removal of the website due to maintenance or otherwise.
8 Personal data and Privacy
8.1 If you place an order with House Plant Store, your details will be included in House Plant Store's customer base. Houseplantstore adheres to the Data Protection Act and will not provide your information to third parties.
8.2 House Plant Store respects the privacy of users of the website and ensures confidentiality of your personal information.
9.1 Offers are without obligation, unless otherwise stated in the offer.
9.2 Offers or quotations must be regarded as an invitation to potential Buyers to make an offer. House Plant Store is in no way bound to this, unless this has been laid down in writing and unambiguously. The acceptance of the invitation to make an offer by the potential Buyer counts as an offer and only leads to the conclusion of an agreement if the other provisions of this article have been met.
9.3 Offers are valid as long as they are stated on the website and while stocks last.
10.1 An agreement is concluded at the time that an order confirmation is sent to the Buyer to the (e-mail) address specified by the Buyer.
10.2 House Plant Store reserves the right, without stating reasons, not to accept orders or orders or only to accept the condition that the shipment takes place on delivery or prepayment.
10.3 The Buyer and House Plant Store explicitly agree that by using electronic forms of communication, a valid agreement is concluded as soon as the conditions in Article 10.1 are met. The absence of a signature does not affect the binding force of the offer and the acceptance thereof.
11 Image and specifications
11.1 All images; photos, drawings, etc .; Data on weights, dimensions, colors, illustrations of labels, etc. on the website of House Plant Store are approximate only, are indicative and cannot give rise to compensation or termination of the agreement.
12 Force majeure
12.1 House Plant Store is not liable if and insofar as its obligations cannot be met due to force majeure.
12.2 In the event of force majeure, House Plant Store is not obliged to fulfill its obligations towards the Buyer, or its obligations towards the Buyer are suspended for the duration of the force majeure.
12.3 Force majeure is understood to mean any circumstance that is independent of its will, as a result of which the fulfillment of its obligations towards the Buyer is wholly or partially prevented. These circumstances include strikes, fire, business disruptions, energy disruptions, non-delivery or late delivery by suppliers or other engaged third parties and the absence of any government-granted license. Force majeure is also understood to mean malfunctions in a (telecommunications) network or connection or used communication systems and / or the website being unavailable at any time.
13.1 It is prohibited to copy, publish, reproduce or otherwise use text and / or image material without written permission from House Plant Store.
14. Application of law
14.1 All offers, agreements and deliveries from House Plant Store are subject to Dutch law in addition to these General Terms and Conditions. Even if the consumer is living abroad. The Vienna Sales Convention does not apply.
14.2 The competent court within the Zwolle district will take cognizance of disputes arising from an agreement between House Plant Store and Buyer that cannot be resolved by mutual agreement, unless House plant Store prefers the difference to the competent court of submit the place of residence of the buyer, and with the exception of those disputes that fall within the competence of the sub-district court.
15 Complaints procedure
15.1 The entrepreneur has a well-publicized complaints and deals with complaints under this procedure. Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days, after the consumer has found the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
16 Additional or different provisions
16.1 Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium.