Right of withdrawal
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.
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.
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!
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