TERMS & CONDITIONS
H.M. MEEUWISSEN VOORHOUT
Article 1 – Definitions
In these conditions the following definitions apply:
- H.M. Meeuwissen Voorhout: the entrepreneur mentioned in article 2, or his legal successor;
- Consumer: the natural person who is not acting in the exercise of a profession or business and enters into an agreement with H.M. Meeuwissen Voorhout with regard to the delivery of flower bulbs, perennial plants or other items;
- Other Party: a Consumer, or a natural person or legal entity acting in the exercise of a profession or business, who enters into an agreement regarding the delivery of flower bulbs, perennials or other items with H.M. Meeuwissen Voorhout;
- Distance agreement: an agreement where, within the framework of a system organised by H.M. Meeuwissen Voorhout for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time;
- Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
- Day: calendar day.
Article 2 – Identity of the entrepreneur
H.M. Meeuwissen Voorhout
2215 TM Voorhout
Chamber of Commerce nr: 28045976
VAT nr NL002060252B34
Article 3 – Applicability
- These general terms and conditions apply to every offer made by H.M. Meeuwissen Voorhout and to every agreement concluded between H.M. Meeuwissen Voorhout and its counterparty.
- The applicability of general terms and conditions used by the other party is hereby expressly excluded. By the mere fact of entering into an agreement, the other party waives any existing general terms and conditions on its part, so that only these terms and conditions apply to all agreements.
- Deviations from these general terms and conditions shall only be binding on H.M. Meeuwissen Voorhout if and insofar as H.M. Meeuwissen Voorhout confirms them in writing.
- In the event of conflicting clauses between the general terms and conditions and an agreement, the agreement shall prevail.
Article 4 – The offer
- The presentation of our products on the website is a non-binding invitation for the other party to order products from H.M. Meeuwissen Voorhout. Obvious mistakes or errors in the presentation of the products do not bind H.M. Meeuwissen Voorhout.
- By sending the order, the other party makes a binding offer to conclude a purchase agreement. This offer is accepted by H.M. Meeuwissen Voorhout by delivery of the ordered products. H.M. Meeuwissen Voorhout is free to accept an order or not. If H.M. Meeuwissen Voorhout does not fulfil an order, you will be informed immediately.
- Subsequent orders will be regarded as a new order.
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
Article 5 – The agreement
- Subject to the provisions of paragraph 2, the agreement comes into effect the moment the other party accepts the offer.
- H.M. Meeuwissen Voorhout can investigate – within legal frameworks – whether the other party can fulfil its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the agreement. If, based on this investigation, H.M. Meeuwissen Voorhout has good grounds not to enter into the agreement, it is entitled to refuse an order or application or to attach special conditions to the execution, while stating its reasons.
Article 6 – Right of withdrawal on delivery of products to consumers
- When purchasing products, the consumer has the possibility of dissolving the distance contract without giving reasons during a period of fourteen days. This period starts the day after receipt of the product by or on behalf of the consumer.
- During this period, the consumer will handle the product and its 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 exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to H.M. Meeuwissen Voorhout, in accordance with the reasonable and clear instructions provided by H.M. Meeuwissen Voorhout.
- The consumer can exercise his or her right of withdrawal by informing H.M. Meeuwissen Voorhout of the decision to withdraw from the agreement with H.M. Meeuwissen Voorhout via an unambiguous statement (e.g. a letter, fax or e-mail sent by post). The consumer can use the model withdrawal form attached at the bottom of the page for this purpose, but this is not obligatory.
- To comply with the withdrawal period, the communication concerning the exercise of the right of withdrawal is sufficient.
Article 7 – Consequences in case of withdrawal
- If the consumer exercises his right of withdrawal, the costs of returning the goods, which are estimated at EUR 6.75, shall be for his account.
- If the consumer has paid an amount, H.M. Meeuwissen Voorhout will refund this amount, including shipping costs (with the exception of extra costs resulting from your choice of a different type of delivery than the cheapest type of standard delivery offered by us), as soon as possible, but at the latest within 14 days after the withdrawal. For this reimbursement, the same means of payment will be used as the consumer used in the original transaction, unless something else has been expressly agreed with you, in any case this reimbursement will not entail any additional costs for the consumer.
- H.M. Meeuwissen Voorhout may refuse the refund until the products have been returned, or the consumer can prove that the products have been returned, whichever is earlier.
- The consumer must return or hand over the products to H.M. Meeuwissen Voorhout immediately and in any event no later than 14 days after the day on which the agreement was revoked by communication to H.M. Meeuwissen Voorhout. The period of revocation will be fulfilled if you return the goods before the expiry of the 14-day period.
Article 8 – Exclusion of the right of withdrawal
- The other party that is not a consumer does not have a right of withdrawal.
- If the consumer does not have a right of withdrawal, this can only be excluded by H.M. Meeuwissen Voorhout if H.M. Meeuwissen Voorhout clearly stated this in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products
- that were created by H.M. Meeuwissen Voorhout in accordance with consumer specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that spoil or age quickly;
- if the requirements stated in article 6, paragraph 2 cannot be met.
Article 9 – The price and cost of shipment
- All prices are in euros and include VAT.
- As we work with natural products, we cannot guarantee prices indefinitely. Our purchase prices can fluctuate greatly due to better or worse harvests. Only in case of extreme price changes will we pass these on.
- Shipments are sent via PostNL or another parcel service. For freight costs and packaging, H.M. Meeuwissen Voorhout charges costs per order, which are specified per order. Shipping takes place at the risk of the other party, which risk can be mitigated by taking out transport insurance.
- Due to new EU VAT directives, the VAT rate of the country of destination must be calculated. If you order from outside the Netherlands, this will affect the total price of your order.
All prices listed in this webshop include Dutch VAT. On flower bulbs this is 9%, on other articles 21%. On your invoice, this VAT will be settled with the VAT of the country of destination.
If you have a valid VAT number, the delivery falls under the ICP scheme and the above does not apply.
Article 10 – Conformity and Warranty
- H.M. Meeuwissen Voorhout guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.
- H.M. Meeuwissen Voorhout only delivers first size, unless stated otherwise on the website.
- With every order you will find a cultural description per species, cultivar or hybrid. The other party is expected to follow these instructions.
- Complaints about alleged species non-conformity observed during the start of flowering shall be reported in writing without delay. Compensation shall never exceed the invoice value. H.M. Meeuwissen Voorhout does not guarantee regrowth.
Article 11 – Delivery and execution
- H.M. Meeuwissen Voorhout will take the greatest possible care when receiving and executing product orders.
- The place of delivery shall be the address made known to the company by the consumer, on the understanding that deliveries shall only be made within the European Union and/or Switzerland.
- Without prejudice to the other stipulations of these general terms and conditions, H.M. Meeuwissen Voorhout shall execute accepted orders with convenient speed but at the latest within 30 days, unless a longer delivery period is indicated. If delivery is delayed, or if an order cannot or can only be partially carried out, the other party shall be notified accordingly.
- In case of full or partial dissolution in accordance with the previous paragraph, H.M. Meeuwissen Voorhout shall refund the amount to be repaid as soon as possible, but at the latest within 30 days after dissolution.
- The assortment includes some species that are scarce, which is indicated in the relevant description. Orders for those products are processed in order of receipt. If an item is sold out, the remaining items ordered by you will count as the final order.
- No varieties will be substituted. (Unless you indicate in comments which alternatives you want)
- Ownership of the products delivered shall not be transferred to the other party until it has fulfilled its payment obligations from the agreement underlying the delivery and previous agreements, including any compensation, costs, interest and penalties. The other party may only dispose of the products for its own use. In the event of non-fulfilment of the payment obligations or if there is a well-founded fear that the other party will not do so, H.M. Meeuwissen Voorhout is entitled to take back the products at any time.
- An appeal to force majeure may relieve H.M. Meeuwissen Voorhout of its obligation to deliver pursuant to an order placed.
Article 12 – Payment
- Unless otherwise agreed, the amounts owed by the other party shall be paid by means of payment via iDeal, PayPal, SOFORT Banking or Credit Card. If arrangements have been made for a bank payment, the following shall apply: within eight days of receipt of the package(s), or at the latest within eleven days of dispatch thereof, to one of the bank account numbers stated on the invoice. The other party, who authorises H.M. Meeuwissen Voorhout once to collect the invoice amount automatically, can expect the debit within eight days of the invoice date.
- The other party is obliged to report inaccuracies in payment details provided or stated immediately to H.M. Meeuwissen Voorhout.
- If the stated payment term is exceeded, the other party shall owe half a per cent interest per month on the purchase price from the date of shipment, whereby a part of the month shall count as a whole month.
- Any collection costs, both judicial and extrajudicial, shall be borne by the other party. The extrajudicial costs will be fifteen per cent of the principal sum, with a minimum of EUR 40.00. EUR 2.50 will be charged for a reminder and EUR 5.00 for a demand for payment.
Article 13 – Liability
- If H.M. Meeuwissen Voorhout is liable for damage to persons or objects, such liability shall be limited to the amount paid out under the relevant liability insurance of H.M. Meeuwissen Voorhout in that case, to be increased by the applicable excess.
- If, for any reason whatsoever, the aforementioned insurance does not provide any entitlement to any amount, H.M. Meeuwissen Voorhout’s liability shall be limited to the amount invoiced in respect of the relevant purchase.
- Any claim for damages shall lapse one year after the commencement of the day following that on which the other party became aware of the damage and of H.M. Meeuwissen Voorhout as the person liable for it.
Article 14 – Complaints procedure
- Any complaints, in terms of defects and shortages, must be reported in writing, including by e-mail, within five days of receipt of the package(s). The defect or shortage must be fully and clearly described by the other party. Your e-mail can be addressed to: firstname.lastname@example.org or by post to our correspondence address.
- Complaints submitted to H.M. Meeuwissen Voorhout shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, H.M. Meeuwissen Voorhout will respond within the 14-day period with a notice of receipt and an indication of when the counterparty can expect a more detailed answer.
Article 15 – Applicable law and disputes
- The legal relationship between H.M. Meeuwissen Voorhout and the other party is governed by Dutch law.
- All disputes arising from the agreement between H.M. Meeuwissen Voorhout and the other party, or arising from the applicability of these general terms and conditions, shall be adjudicated by a competent court.