Terms and Conditions
Welcome to From Holland Online Vof, trading under the names / websites:
From Holland Online, Seeds4less, fromhollandonline.com, tuinzaden.eu, seeds4less.com, bulbsfromholland.eu, seedsfromholland.com and souvenirsfromholland.com
From Holland Online
Email address: firstname.lastname@example.org
Amsterdam Chamber of Commerce number: 34354202
VAT number: NL 821116836B01
IBAN: NL35 RABO 01515.36.996
BIC / SWIFT: RABONL2U
From Holland Online wants to be sure that relationships with its customers are as smooth as possible. We value the trust you place in From Holland Online and we take your rights very seriously. The General Terms and Conditions below will make it clear to you, each time you visit our website and purchase from From Holland Online, what your legal situation is. By accessing our websites, you agree to a legal commitment and agree to comply with the terms and conditions below.
Article 1: Applicability
- These general delivery and payment conditions, hereinafter referred to as the "conditions", apply to all offers, agreements and deliveries between From Holland Online in Amsterdam, hereinafter referred to as "entrepreneur," and "buyer" unless the parties have explicitly deviated from this in writing.
- In these terms and conditions, customer is understood to mean any (legal) person to whom the entrepreneur has submitted an offer, who has instructed the entrepreneur to provide services or deliver goods or has otherwise entered into an agreement with the entrepreneur. Therefore, there is also a valid agreement between the buyer and trader when the buyer places an order through a website or any other medium.
- The terms and conditions can also be applied to agreements with traders insofar as they seek the help of third parties and / or intermediaries for the execution of the assignment.
- When accepting offers, giving orders or placing orders by the customer, the customer acknowledges the applicability of the conditions.
- These General Terms and Conditions can only be deviated from in writing, in which case the other provisions will remain in full force. Reference by the customer to his own purchase or other general terms and conditions - wherever stated - is not accepted, unless the entrepreneur has explicitly accepted application of the general terms and conditions of the customer in writing.
- If one or more of the provisions in these terms and conditions are invalid or should be declared void, the remaining provisions of these terms and conditions will remain fully applicable. The entrepreneur and the buyer will then enter into consultation in order to agree on new provisions to replace the invalid or annulled provisions, taking into account if and as far as possible the purpose and scope of the original provision.
Article 2: Offers and quotations
- All quotations and offers from the entrepreneur are without obligation, unless a period for acceptance is stated in the quotation. A quotation or offer expires if the product to which the quotation or offer relates is no longer available in the meantime.
- Unless explicitly stated otherwise, offers are only valid for a period of 30 days from the date of the offer.
- Entrepreneur cannot be held to his offers and / or tenders if the buyer could, in terms of reasonableness and fairness and generally accepted opinions, know that the offer and / or tenders or a part thereof is an obvious mistake or error.
- The buyer cannot derive any rights from the illustrations and images on the websites. The entrepreneur illustrates the products as accurately as possible, but variations in color, for example, are possible.
- Entrepreneur reserves the right not to accept a payment made and, therefore, for whatever reason, not to execute the order. Reasons can include: problems with product inventory, problems with receiving an order or problems with getting an order in full. However, other problems can also be a reason for rejecting an order.
- A compound quotation does not oblige the entrepreneur to perform part of the assignment against a corresponding part of the stated price.
- Offers or quotes do not automatically apply to future orders.
Article 3: Shipping and delivery
- Entrepreneur delivers the goods within 30 days after receiving an order and payment. An exception applies to flower bulbs and tubers, due to availability and perishability, these are sent during the relevant planting season.
- The buyer ensures that all information requested by the entrepreneur is entered fully and correctly. Incorrect or missing information can hinder the execution of the agreement. The resulting extra costs will be charged to the buyer according to the usual rates.
- Delivery times specified by the entrepreneur cannot be regarded as a deadline, unless explicitly agreed otherwise in writing. In the event of late delivery, the customer must give the entrepreneur written notice of default, by registered letter, with due observance of a reasonable period within which the entrepreneur can still comply.
- The customer is obliged to accept a delivery at an earlier time than specified by the entrepreneur.
- Entrepreneur can deliver and invoice an order in parts.
- Entrepreneur will do everything possible, as soon as the order has been accepted and it has received a confirmation of payment, to have the goods delivered as soon as possible to the address specified by the buyer.
- The ordered goods will be delivered by the postal service or a delivery service. If a delivery cannot be delivered to the specified address, the postal service or delivery service will try again at a later time, or make another arrangement to collect the goods in the usual way.
Article 4: Payment and costs
- Processing and shipping of the order takes place after payment has been received or confirmed, unless otherwise stated or agreed in writing.
- The total amount stated on the invoice is final and includes the prices of the products ordered, packaging material and shipping costs, unless stated otherwise or agreed in writing.
- All our prices are stated in Euros or US dollars including 9% or 21% VAT, depending on the product ordered.
- All costs other than those referred to in Article 4, paragraph 2 are for the account of the customer.
- For orders within the European Union, no customs duties are charged on the ordered goods.
- For orders outside the European Union, the buyer is responsible for customs duties, taxes and other import duties in his or her country. Please contact your local customs or tax office for more information.
Article 5: Canceling and returning
- If the entrepreneur does not meet timely delivery, the buyer can cancel the purchase and the entrepreneur will pay back the paid purchase price as soon as possible.
- The buyer has the right to dissolve the purchase agreement within fourteen (14) working days after receipt of the goods without giving reasons by means of a written statement (e-mail). An exception to this are perishable green products such as, for example, flower bulbs and tubers and products that have been manufactured according to the specifications of the customer, such as customization, or that have a clear personal character.
- If the customer wishes to dissolve the agreement as a result of paragraphs 1 and 2, the customer must notify the entrepreneur of this in writing (via e-mail). The buyer must - after consulting the entrepreneur and after receiving a return number - send the goods to a return address determined by the entrepreneur. This must be done in the original, undamaged packaging. Opened packages are not taken back; opening the package means that you want to keep the product (s).
- In the event of dissolution, the customer must return the goods to the entrepreneur at his expense and risk within fourteen (14) days of receiving a return number. In the event of non-compliance with the aforementioned period of return, the declared cancellation is deemed to have been withdrawn. Shipments without a return number will not be processed.
- If the customer has already made some payments at the time that the customer has revoked the agreement with the entrepreneur, the entrepreneur will refund these payments to the customer within fourteen (14) working days after receipt of the returned products. Entrepreneur reserves the right to refuse returned products or to credit only part of the amount already paid if there is a suspicion that the product has already been opened, used or damaged by the fault of the buyer.
Article 6: Quality and warranty
- Entrepreneur guarantees that the ordered goods will meet the usual quality and expectations and that they will do everything to ensure that said goods are treated as carefully as possible so that they meet the description as made on the website and the time that the order was placed.
- All products are unique, small differences between the products and the image of the product on the internet are possible. The customer cannot derive any rights from the illustrations and images on the websites. The entrepreneur illustrates the products as accurately as possible, but variations in color, for example, are possible.
- No guarantee will be given on goods that are clear that
a) the unusability is caused by improper or incorrect use,
b) when the buyer or third parties have made changes to the goods or have tried to make changes without the entrepreneur's permission,
c) if the goods have been used for purposes for which they were not intended.
Article 7: Complaints
- As soon as the ordered goods have been delivered, or at least within the shortest possible time, the buyer must check whether everything is correct. The buyer must check whether both the quality and quantity of the delivered goods are in accordance with the order.
- If the quality (damage, visible deviations and / or shortcomings) and / or the quantity is not in accordance with the order, the buyer must report this in writing (e-mail) to the entrepreneur within 3 working days after delivery of the goods. stating precisely the nature and grounds of the complaints.
- For complaints about defects that are not visible at the time of delivery, the customer must report this in writing (e-mail) to the entrepreneur within 3 months after delivery of the goods, stating the nature and grounds of the complaints. li>
- Entrepreneur reserves the right to have the product in question returned by the buyer in the event of damage, visible deviations and / or shortcomings. The buyer must thereby return the goods to the entrepreneur at his expense and risk within fourteen (14) days of receiving a return number. In the event of non-compliance with the aforementioned period of return, the declared cancellation is deemed to have been withdrawn.
- To determine whether a complaint about quality is justified, the entrepreneur may also require a (digital) photo of the product in question for clarification.
- If the entrepreneur finds a complaint justified, she is obliged to replace defective items. In addition, the buyer is not entitled to compensation in any form whatsoever, unless there is intent or intentional fault on the part of the entrepreneur.
- Replaced goods become the property of the entrepreneur without the buyer being entitled to any compensation. If the customer has already used the replaced goods, the entrepreneur may charge a reasonable user fee.
- After the aforementioned periods have expired, the customer is deemed to have approved the goods delivered, services provided or invoice received. Complaints afterwards will no longer be handled by the entrepreneur.
Article 8: Ownership of goods
- All goods delivered by the entrepreneur within the framework of the agreement remain the property of the entrepreneur until the buyer has properly fulfilled all obligations arising from the agreement (s) concluded with the entrepreneur.
- Goods supplied by the entrepreneur, which are subject to retention of title as a result of paragraph 1, may not be resold and may never be used as a means of payment. The customer is not authorized to pledge or encumber the goods subject to retention of title in any other way.
- The customer must always do everything that can reasonably be expected of him to safeguard the entrepreneur's property rights.
- If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, then the buyer is obliged to inform the entrepreneur immediately.
- The buyer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to the entrepreneur for inspection on first request. In the event of payment of the insurance, the entrepreneur is entitled to these tokens. Insofar as necessary, the buyer undertakes vis-à-vis the entrepreneur to provide his cooperation in advance to everything that might (prove to be) necessary or desirable in that context.
- In the event that the entrepreneur wishes to exercise his ownership rights as referred to in this article, the customer gives prior unconditional and irrevocable permission to the entrepreneur and third parties to be designated by the entrepreneur to enter all those places where the entrepreneur's property is located and which take things back.
Article 9: Liability
- Entrepreneur is not liable for misunderstanding, delays or improper transmission of orders and communications as a result of the use of the internet or any other means of communication, unless and insofar as there was intent or gross negligence on the part of the entrepreneur.
- The entrepreneur is not liable for direct or indirect damage to persons, goods or the business of the buyer and / or third parties as a result of defects in goods and / or services supplied by the entrepreneur, unless this is the result of intent or gross negligence of entrepreneur, its staff or third parties that it uses in the performance of the agreement.
- If the producer of delivered goods is responsible for consequential damage, then the entrepreneur's liability is limited to the replacement of the goods or to the reimbursement of the purchase price.
- (Damage) reimbursements never exceed the invoice amount.
Article 10: Disclaimer
- The buyer guarantees that any information carriers or electronic files (such as images) that are provided to the entrepreneur are free of viruses and defects.
Article 11: Force majeure
- Entrepreneur cannot be held liable for non-compliance with a contractual obligation if there is force majeure. Force majeure is any circumstance that prevents normal fulfillment of an obligation, which circumstance cannot be attributed to the entrepreneur. Such circumstances include but are not limited to: strikes, a general lack of raw materials, unforeseeable stagnation at suppliers, government measures, general disruptions in energy supplies, storm damage, general transport problems, etc.
- During the situation of force majeure, all obligations of the entrepreneur without judicial intervention are suspended. If the aforementioned period lasts longer than three months, both parties may terminate the agreement with due observance of article 4. without being liable for damages.
- If the entrepreneur has already partially fulfilled its obligations upon the commencement of force majeure, it can invoice this performance separately, or deliver and already present goods, except insofar as this deliverable part has no independent value.
- Entrepreneur ensures that your personal information is always treated confidentially. Your data will not be transferred, rented or sold to third parties and will only be used for services that you have specifically requested, for example receiving a mailing or placing an order.
Article 13: Intellectual property and copyrights
- Entrepreneur reserves all rights and powers that accrue to her under the Copyright Act.
- The design of the website, photos, films, software and all other material, including (electronic) files, remain the property of the entrepreneur. This also applies to all material that has been handed over to the buyer or third parties, unless otherwise agreed in writing.
- If the aforementioned items are used by the buyer, then only by him / her and these will not be multiplied, disclosed or disclosed to third parties without the prior written consent of the entrepreneur.
Article 14: Disputes and applicable law
- The judge in the place of business of the entrepreneur is exclusively competent to take cognizance of disputes, unless the subdistrict court judge is competent. Nevertheless, the entrepreneur has the right to submit the dispute to the competent court according to the law.
- Dutch law applies to every contract between the entrepreneur and its customers. The Vienna Sales Convention is expressly excluded.
- In the event of an unclear and / or difference between the Dutch and English versions of the General Terms and Conditions, the Dutch version will prevail.