General terms and conditions Backy's Plants
Table of contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 – Obligations of the entrepreneur in case of withdrawal
Article 9 - Costs in case of withdrawal
Article 10 - Exclusion right of withdrawal
Article 11 - The price
Article 12 - Conformity and guarantee
Article 13 - Delivery and performance
Article 14 - Duration transactions: duration, cancellation and renewal
Article 15 - Payment
Article 16 - Ownership
Article 17 - Complaints procedure
Article 18 - Disputes
Article 19 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions:
- Reflection period: the period within which the consumer can make use of his right of withdrawal; Read all about reflection time.
- Day: calendar day;
- Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
- Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
- Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, use is made of one or more techniques for distance communication;
- Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur coming together in the same room at the same time.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Backy's Plants
Doorwerthstraat 43
6535MT Nijmegen
The Netherlands
T: + 31 6 26 55 11 39
E info@backysplants.com
Chamber of Commerce 86720341
VAT number NL004299716B03
Article 3 - Applicability
- These general terms and conditions apply to every offer from Backy's Plants and to every distance contract concluded and orders between Backy's Plants and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at Backy's Plants and that they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, contrary to 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 electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
- If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are nullified, the agreement and these terms and conditions will otherwise remain in effect and the provision in question will be immediately replaced in mutual consultation by a provision that has the purport of of the original as closely as possible.
- If Backy's Plants does not demand strict compliance with these terms and conditions, this does not mean that the provisions thereof are not applicable, or that Backy's Plants would in any way lose the right to demand strict compliance with the terms and conditions in other cases.
Article 4 - The offer
- If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. Backy's Plants is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Backy's Plants uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind Backy's Plants.
- All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
- Images accompanying products are a true representation of the products offered. Backy's Plants cannot guarantee that the colors shown correspond exactly to the real colors of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the way in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after the conclusion, and if so, on which date it can be consulted by the consumer;
- the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which Backy's Plants has submitted and the way in which the consumer can consult these codes of conduct electronically;
- and the minimum duration of the distance contract in the case of a duration transaction.
Article 5 - The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
- If the consumer has accepted the offer electronically, Backy's Plants will immediately confirm receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by Backy's Plants, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, Backy's Plants will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, Backy's Plants will take appropriate security measures.
- Backy's Plants can - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Backy's Plants has good reasons not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
- Backy's Plants will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- the visiting address of the Backy's Plants branch where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the conditions precedent of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
Upon delivery of products:
- When purchasing non-living products, the consumer has the option of dissolving the contract without giving any reason during 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to Backy's Plants.
- During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to Backy's Plants, in accordance with the reasonable and clear instructions provided by Backy's Plants.
- If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to Backy's Plants within 14 days of receipt of the product. The consumer must make this known by means of the model form or by means of another means of communication, such as by e-mail. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.
- If, after the end of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that he wishes to make use of his right of withdrawal resp. has not returned the product to Backy's Plants, the purchase is a fact.
Canceling an order with plants and/or cuttings
After you have completed an order, we will get to work right away. Preparations are being made, such as creating the shipping label. Canceling an order with plants and/or cuttings is therefore not possible.
Refuse plants and/or cuttings
Do you regret your purchase and do you not want to accept the package with the plant(s)? Keep in mind that unfortunately you will not get the purchase amount back. We have fulfilled our agreement by delivering the plants, even if you have not been at home. We have made several delivery attempts. If you do not accept a plant, they will eventually be returned by the delivery person. Sometimes a plant must also be destroyed by returning it.
When providing services:
- When services are provided, the consumer has the option of dissolving the contract without giving reasons for at least 14 days, starting on the day of entering into the contract.
- To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by Backy's Plants with the offer and/or at the latest upon delivery.
Article 7 - Obligations of the consumer during the reflection period
- During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
- The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for any reduction in the value of the product if Backy's Plants has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Obligations of Backy's Plants upon withdrawal
- If Backy's Plants makes the notification of withdrawal by the consumer electronically possible, it will immediately send a confirmation of receipt after receipt of this notification.
- Backy's Plants will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless Backy's Plants offers to collect the product itself, Backy's Plants may wait with paying back until the product has been received or until the consumer demonstrates that he has returned the product, whichever is the earlier.
- Backy's Plants uses the same means of payment that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Backy's Plants does not have to reimburse the additional costs for the more expensive method.
Article 9 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.
- If the consumer has paid an amount, Backy's Plants will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the web retailer or that conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer, unless the consumer gives explicit permission for a different payment method.
- In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
- The consumer cannot be held liable for any reduction in value of the product if Backy's Plants has not provided all legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.
Article 10 - Exclusion right of withdrawal
- Backy's Plants can exclude the consumer's right of withdrawal for products as described in this article. The exclusion of the right of withdrawal only applies if Backy's Plants has clearly stated this in the offer, at least in good time before concluding the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- which have been created by Backy's Plants in accordance with the consumer's specifications;
- that are clearly personal in nature;
- which cannot be returned due to their nature;
- that can spoil or age quickly; for example plants / cuttings. This exclusion also applies when payment can be made afterwards, for example via Klarna; the risk belongs to the buyer with regard to delivery times and possible delays to the country of destination when purchasing products that spoil quickly or have a limited shelf life.
- whose price depends on fluctuations in the financial market over which Backy's Plants has no influence;
- for loose newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal;
- for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period; the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
- regarding betting and lotteries.
Article 11 - The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, Backy's Plants can offer products or services whose prices are subject to fluctuations in the financial market and over which Backy's Plants has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if Backy's Plants has stipulated this and: they are the result of statutory regulations or provisions; whether the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, Backy's Plants is not obliged to deliver the product according to the incorrect price.
Article 12 - Conformity and guarantee
- Backy's Plants guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and regulations existing on the date of the conclusion of the agreement. /or government regulations. If agreed, Backy's Plants also guarantees that the product is suitable for other than normal use.
- Images, examples and descriptions serve as an indication and do not bind Backy's Plants.
- In the case of natural products such as plants, the colours, sizes and shapes of the delivered products may differ from the images shown on the website. This does not entitle the consumer to cancel the order.
- A guarantee provided by Backy's Plants, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against Backy's Plants under the agreement.
- The warranty period of Backy's Plants corresponds to the manufacturer's warranty period. However, Backy's Plants is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The warranty does not apply if:
- the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or are contrary to the instructions of Backy's Plants and/or have been treated on the packaging;
- the defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used;
- Damage caused to plants / cuttings due to dehydration and extreme weather conditions, such as frost, is not covered by the warranty.
- If delivered, perishable products such as plants do not comply with the agreement, the consumer must inform Backy's Plants in writing with attached, clear photos no later than 48 hours after receipt.
Article 13 - Delivery and performance
- Backy's Plants will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- Backy's Plants is entitled to engage third parties for the fulfillment of the obligations arising from the agreement.
- The place of delivery is the address that the consumer has made known to Backy's Plants.
- With due observance of what is stated in paragraph 5 of this article, Backy's Plants will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
- In the event of dissolution in accordance with paragraph 4 of this article, Backy's Plants will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
- If delivery of an ordered product proves to be impossible, Backy's Plants will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered.
- The consumer agrees that the delivery will be delivered to neighbors if delivery is not possible at the delivery address at that time.
- The risk of loss, damage or theft of the delivery passes to the consumer when they are legally and/or actually delivered, are under the control of the consumer or of a third party who receives the delivery on behalf of the consumer.
- When the delivery is returned because the delivery could not take place, because the address indicated by the consumer could not be delivered, this does not give the right to a new delivery to a different address or to dissolve the agreement.
- Backy's Plants is not responsible for any incorrect address provided by the consumer. When specifying the delivery address, the consumer must ensure that the address details are correct.
- In the event of transport damage, the consumer must notify Backy's Plants in writing within 48 hours after receipt, including clear photos of the damaged products and the shipping packaging.
- Damaged products and the (damaged) shipping packaging must be kept by the consumer until the issue has been resolved.
- If the consumer grants the carrier permission to set down, the consumer automatically assumes the full risk and can no longer hold either Backy's Plants or the carrier liable for damaged and/or lost deliveries.
- If the package is returned to an incorrect address, the entrepreneur will resend the package. Packages with products that spoil quickly or have a limited shelf life, such as plants, cuttings and flowers, cannot be cancelled. In the event of an incorrect address provided by the consumer, the package will be sent again if the products are still in good condition. Costs for the reshipment will be passed on to the consumer.
Plants and cuttings are therefore excluded from the right of return! You will receive an email with the track & trace information to track your order. So make sure you are present and can receive the order. If you are not at home during delivery, the delivery service will make a second attempt. If the delivery service cannot deliver your order to you a second time, it will automatically be returned to the sender. That does not mean that the invoice is no longer valid!
Article 14 - Duration transactions: duration, cancellation and renewal
Cancellation
- The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of at least maximum one month.
- The consumer can use the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or in a specific period;
- at least cancel in the same way as they have been entered into by him;
- always cancel with the same notice period as Backy's Plants has stipulated for itself.
Extension
- An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
- Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has signed this extended agreement against at the end of the extension can cancel with a notice period of no more than one month.
- An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.Article 15 - Payment
- Unless otherwise stipulated in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the reflection period commences, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
- When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer is obliged to immediately report inaccuracies in payment details provided or stated to Backy's Plants.
- If the consumer does not meet his payment obligation(s) in time, after he has been informed by Backy's Plants of the late payment and Backy's Plants has granted the consumer a period of 14 days to still meet his payment obligations, after the if payment is not made within this 14-day period, the statutory interest will be due on the amount still owed and Backy's Plants will be entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500.= and 5% on the next € 5,000.= with a minimum of € 40.=. Backy's Plants may deviate from the stated amounts and percentages to the benefit of the consumer.
- In the event of non-payment by the consumer, Backy's Plants has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 16 - Ownership
- Backy's Plants remains the owner of all delivered products until the consumer has fully fulfilled all his payment obligations.
- All intellectual property rights of displayed information, announcements and other expressions with regard to the products and/or with regard to the website are vested in Backy's Plants or its suppliers.
- Backy's Plants is never liable for any damage that the customer may suffer as a result of the use of his property rights.
Article 17 - Complaints procedure
- Backy's Plants has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- The consumer must submit complaints about the performance of the agreement to Backy's Plants in writing and clearly described with clear photos within 48 hours after receipt of the delivery.
- Complaints submitted to Backy's Plants will be answered within a period of 3 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Backy's Plants will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer must keep plants / cuttings at all times, so that Backy's Plants can handle the complaint.
- Packaging material must be kept by the consumer until the complaint has been completed.
- The consumer is responsible for the proper care of living products, such as plants / cuttings.
- If a complaint is found to be well-founded by Backy's Plants, Backy's Plants will, at its option, replace or repair the delivered products free of charge.
Article 18 - Disputes
- Only Dutch law applies to agreements between Backy's Plants and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
- The Vienna Sales Convention does not apply.
Article 19 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the are consumers and must be recorded in writing or in such a way that they can be used by the consumer can be stored in an accessible manner on a durable data carrier.
Annex Model withdrawal form
Only complete and return this form if you wish to dissolve / revoke the agreement.
To: Backy's Plants
Doorwerthstraat 43
6535MT, Nijmegen
info@backysplants.com
I/We (*) hereby share(s) (*) that I/we (*) revoke/revoke our agreement concerning the sale of the following goods/provision of the following service (*)
Ordered on (*)/Received on (*)
Name(s) of consumer(s)
Address consumer(s)
Signature of consumer(s) [only if this form is submitted on paper]
Date
(*) Strike out what is not applicable
If you have any questions, please contact us at info@backysplants.com.