Terms and Conditions

Content:

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 – Exercising the right of withdrawal by the consumer and costs involved

Article 9 – Obligations of the entrepreneur in case of withdrawal

Article 10 – Exclusion of right of withdrawal

Article 11 – The price

Article 12 – Compliance and additional warranty

Article 13 – Delivery and implementation

Article 14 – Extended transactions: duration, termination and extension

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Additional or varying provisions

Article 1 – Definitions

In these terms and conditions the following definitions apply:

  1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can use his right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Continuing performance agreement: an agreement serving the regular supply of goods, services and/or digital content in a given period.
  7. Durable medium: every means - including email - that enables the consumer or entrepreneur to store information addressed to him personally, in a way that allows for future consultation or use during a period that is appropriate to the purpose for which the information is intended and which allows for the unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
  9. Entrepreneur: the natural or legal person offering products, (access to) digital content and/or services to consumers from a distance;
  10. Distance contract: an agreement that is concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content and/or services, whereby until the conclusion of the agreement, exclusive or partial use is made of one or more techniques for distance communication;
  11. Standard form for withdrawal: the European standard form for withdrawal included in Annex I of these Terms and Conditions. Annex I is not mandatory if the consumer has no right of withdrawal relating to his order;
  12. Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur coming together in the same space at the same time.

Article 2 – Identity of the entrepreneur

Company name:
Studioplant

Registered address:
Trasmolenlaan 12

Postal code and location:
3447 GZ Woerden

Email address:
[email protected]

Chamber of Commerce Number:
74948342

VAT identification number:
NL002376136B51

If the entrepreneur's activity is subject to a relevant licensing system: the data on the supervisory authority.

If the entrepreneur is practising a regulated profession:

  • the professional association or organisation which he is affiliated with;
  • the professional title, the place in the EU or the European Economic Area where this is granted;
  • a reference to the professional rules applicable in the Netherlands and indications as to where and how these professional rules may be accessed.

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  1. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. Suppose this is not reasonably possible before the distance contract is concluded. In that case, the entrepreneur will indicate how the terms and conditions can be viewed at the entrepreneur's location, and they will be sent to the consumer free of charge as soon as possible at the consumer's request.
  2. If the distance contract is concluded by electronic means, then, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. Suppose this is not reasonably possible, before the conclusion of the distance contract. In that case, it will be indicated where the terms and conditions can be consulted electronically and that, at the consumer's request, they will be sent electronically or in any other way, free of charge.
  3. In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting terms and conditions.

Article 4 – The offer

  1. We work with various growers to ensure a fresh supply of plants. The grower may have fewer plants available than expected, which means the order cannot be carried out. If a plant is not available, we will refund the total order amount immediately. This amount will be refunded within 2 working days.
  2. If an offer is of limited duration or is subject to conditions, this shall be explicitly stated in the offer.
  3. The offer contains a complete and accurate description of the products, digital content and/or services on offer. The description is sufficiently detailed to enable the consumer to make a correct assessment of the offer. If the entrepreneur uses images, these are a realistic representation of the products, services and/or digital content on offer. Apparent mistakes or errors in the offer are not binding for the entrepreneur. However, plants are natural products, and as a result, they almost certainly deviate 100% from product photos. These characteristics make plants extra special and unique. Therefore, plants are not exactly the size as indicated. The indicated size and product photos are a guideline only.
  4. Each offer contains sufficient information to make it clear to the consumer what his rights and obligations are related to accepting the offer.

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions in paragraph 4, when the consumer accepts the offer and meets the requirements set in that offer.
  2. If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms by electronic means the receipt of the acceptance of the offer. As long as the entrepreneur has not confirmed the receipt of this acceptance, the consumer may cancel the agreement.
  3. If the agreement is concluded by electronic means, the entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay by electronic means, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can, within legal frameworks, inform himself whether the consumer can fulfil his payment obligations and all those facts and factors that are important for a responsible conclusion of the distance contract. If based on this investigation, the entrepreneur has reasonable grounds for not entering into the agreement, and he is entitled to refuse an order or request while providing well-founded arguments or attaching special conditions to the implementation.
  5. The entrepreneur will, no later than at the delivery of the product, service or digital content to the consumer, send the following information in writing or in such a way that the consumer can save it in an accessible way on a durable medium:
  • the email address of the entrepreneur that the consumer can use for complaints;
  • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
  • the information concerning warranties and existing after-sales services;
  • the price including all taxes of the product, service or digital content; if applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
  • the requirements for cancelling the agreement if the agreement has a duration of more than one year or is of unlimited duration;
  • in case the consumer has a right of withdrawal, the standard form for withdrawal.
  1. In case of an extended transaction, the provision in the previous paragraph shall apply to the first delivery only.

Article 6 – Right of withdrawal

For products:

  1. The consumer can dissolve an agreement involving the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer why he is withdrawing from the agreement, but he cannot oblige the consumer to provide his reason(s). Please note: plants do not fall under the legal right of withdrawal. More about this in Article 10.8.
  2. The reflection period mentioned in paragraph 1 starts on the day after receipt of the product by the consumer, or by a third party designated by the consumer in advance and who is not the carrier, or:
  • If the consumer has ordered multiple products within the same order: the day on which the consumer, or a third party designated by him, has received the final product. The entrepreneur may, provided he has clearly informed the consumer of this before the ordering process, refuse an order for multiple products with a different delivery time.
  • if the delivery of a product consists of several shipments or components: the day on which the consumer, or a third party designated by him, has received the final shipment or the final component;
  • in case of an agreement for regular delivery of products during a certain period of time: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not supplied on a tangible medium:

  1. The consumer can dissolve a service contract and a contract for delivery of digital content that is not supplied on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal but may not oblige the consumer to state his reason(s).
  2. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content that are not supplied on a tangible medium in case of not informing about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the standard withdrawal form, the reflection period ends twelve months after the end of the original reflection period determined under the previous paragraphs of this article.
  2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after starting the original reflection period, the reflection period ends 14 days after the day when the consumer received this information.

Article 7 – Obligations of the consumer during the reflection period

  1. During the reflection 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 determine the nature, characteristics and functioning of the product. Here, the basic principle is that the consumer may only handle and inspect the product as he would be permitted in a shop.
  2. The consumer is only liable for the decrease in value of the product caused by the way of handling the product that goes beyond what is allowed in paragraph 1.
  3. The consumer is not liable for a decrease in value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 – Exercising the right of withdrawal by the consumer and costs involved

  1. If the consumer wishes to exercise his right of withdrawal, he shall notify the entrepreneur of this within the reflection period by means of the standard form for withdrawal or in any other unambiguous manner.
  2. The consumer shall return the product or hand it over to (an authorised representative of) the entrepreneur as soon as possible but within 14 days from the day following the notification referred to in paragraph 1. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has, in any case, respected the return period if he sends the product back before the reflection period has expired.
  3. The consumer shall return the product with all supplied accessories, if reasonably possible, in original condition and packaging and follow the entrepreneur's reasonable and clear instructions.
  4. The risk and the burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the consumer.
  5. The consumer shall be responsible for the direct costs of returning the product. If the entrepreneur has not stated that the consumer should pay these costs or if the entrepreneur has stated that he should pay them himself, the consumer does not have to pay the costs of returning the product.
  6. If the consumer withdraws after first explicitly requesting that the provision of the service or the supply of gas, water or electricity, not put up for sale in a limited volume or set quantity, shall commence during the reflection period, the consumer shall be liable to pay the entrepreneur an amount in proportion to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal as compared to full compliance with the commitment.
  7. The consumer shall not be charged for the provision of services or the supply of water, gas or electricity, not put up for sale in a limited volume or quantity, or for the supply of district heating, if:
  • the entrepreneur has not informed the consumer of the legally required information about the right of withdrawal, the compensation for costs in case of withdrawal or the standard form for withdrawal, or;
  • the consumer has not explicitly requested the initiation of the provision of the service or supply of gas, water, electricity or district heating during the reflection period.
  1. The consumer shall not be charged for the supply, in full or in part, of digital content which is not supplied on a tangible medium if:
  • he has not explicitly agreed to the initiation of the execution of the agreement before the end of the reflection period;
  • he has not acknowledged losing his right of withdrawal when giving his consent; or
  • the entrepreneur has failed to confirm this declaration of the consumer.
  1. If the consumer makes use of his right of withdrawal, all supplementary agreements shall be cancelled by law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur enables the notification of withdrawal by the consumer in an electronic manner, he shall send an acknowledgement of receipt of this notification without delay after receiving it.
  2. The entrepreneur shall refund all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days from the day, the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with refund until he has received the product or until the consumer proves that he has returned the product, whichever comes first.
  3. The entrepreneur shall use the same method of payment as the consumer has used for the refund, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  4. If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal only if the entrepreneur has clearly stated this in the offer or at least in good time before concluding the agreement:

  1. Products or services of which the price is linked to fluctuations on the financial market beyond the entrepreneur's control and which may occur within the withdrawal period;
  2. Agreements concluded during a public auction. A public auction is a sales method where the entrepreneur offers products, digital content and/or services to the consumer who is present in person or can be present in person at the auction under the supervision of an auctioneer and where the successful bidder is obliged to purchase the products, digital content and/or services.;
  3. Service contracts, after full execution of the service, but only if:
  • the execution has started with the consumer's explicit prior consent; and
  • the consumer has declared that he loses his right of withdrawal when the entrepreneur has fully executed the agreement;
  1. Travel packages as referred to in Article 7:500 of the Civil Code and passenger transport agreements;
  2. Service contracts for the provision of accommodation, if the contract specifies a particular date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
  3. Contracts relating to recreational activities, if the contract specifies a particular date or period for its execution;
  4. Products manufactured to the consumer's specifications, that are not prefabricated and are manufactured based on an individual choice or decision by the consumer, or are intended for a specific person;
  5. Products that are likely to spoil or have a limited shelf life, such as plants and flowers;
  6. Sealed products that for reasons of health protection or hygiene are not suitable for returning and the seal is broken after delivery;
  7. Products that are, after delivery, because of their nature irrevocably mixed with other products;
  8. Alcoholic beverages, the price of which was agreed upon at the time of concluding the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market beyond the entrepreneur's control;
  9. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
  10. Newspapers, journals or magazines with the exception of subscriptions;
  11. The delivery of digital content other than on a tangible medium, but only if:
  • the execution has started with the consumer's explicit prior consent; and
  • the consumer has declared that he thereby loses his right of withdrawal.

Article 11 – The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, with the exception of price changes resulting from changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, using variable prices. This obligation to fluctuations and the fact that any prices mentioned are recommended prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases starting from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  • these are the result of legal regulations or provisions; or
  • the consumer has the authority to terminate the agreement effective from the day that the price increase takes effect.
  1. The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 – Compliance and additional warranty

  1. The entrepreneur guarantees that the products and/or services are in accordance with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal stipulations and/or government regulations existing on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer does not affect the legal rights and claims that the consumer can invoke against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
  3. An additional warranty refers to any commitment from the entrepreneur, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfil his part of the agreement.

Article 13 – Delivery and implementation

  1. The entrepreneur will take the utmost care when receiving and processing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has given to the entrepreneur..
  3. When ordering several plants, the plants may be packaged and/or delivered individually.
  4. In accordance with what is stated in article 4 of these terms and conditions, the entrepreneur will carry out accepted orders with due speed, but at the latest within 30 days, unless an alternative delivery period has been agreed. If the delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation.
  5. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative appointed by the entrepreneur and announced in advance, unless explicitly agreed otherwise.
  7. If the package is returned to an incorrect address, the entrepreneur shall resend the package. Packages containing products that spoil quickly or have a limited shelf life, such as plants and flowers, cannot be cancelled. If the address provided by the consumer is incorrect, the package will be resend, only if the product is still in a good condition. The consumer is responsible for the costs of the reshipment.
  8. If the package is returned to an incorrect address, without the use of our address validator, the entrepreneur is not responsible for resending the package. Packages containing products that spoil quickly or have a limited shelf life, such as plants and flowers, cannot be cancelled. If the address provided by the consumer is incorrect, the package will be resend, only if the product is still in a good condition. The consumer is responsible for the costs of the reshipment.
  9. If the delivery address is a collection point, the PostNL delivery person cannot deliver to that address. Delivery to a collection point only occurs if the delivery person is unable to deliver the package to a home address. Packages containing products that spoil quickly or have a limited shelf life, such as plants and flowers, cannot be cancelled. If the address provided by the consumer is a collection point, the package will not be resent by Studioplant.

Article 14 – Extended transactions: duration, termination and extension

Termination:

  1. The consumer may at all times terminate an agreement concluded for an indefinite period of time and intended for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a maximum notice of one month.
  2. The consumer may at all times terminate a fixed-term agreement that was concluded for the regular supply of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a maximum notice period of one month.
  3. The consumer may, in respect of the agreements referred to in the preceding paragraphs:
  • terminate at all times and not be limited to termination at a specific time or in a specific period;
  • at least terminate them in the same way as they were concluded by him;
  • always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension:

  1. An agreement concluded for a definite period and which extends to the regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
  2. By derogation from the previous paragraph, a fixed-term agreement that was concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate the renewed agreement with a notice period not exceeding one month at the end of the renewal period.
  3. A fixed-term agreement concluded for the regular supply of products or services may only be tacitly renewed for an indefinite period of time if the consumer may at all times terminate the agreement with a period of notice not exceeding one month. The maximum notice period is three months if the contract is for the regular supply of daily or weekly newspapers or magazines, but less than once a month.
  4. An agreement with a limited duration for the regular supply of daily or weekly newspapers and magazines for introductory purposes (trial or introductory subscription) may not be tacitly renewed and ends automatically at the end of the trial or introductory period.

Duration:

  1. If an agreement has a duration of more than one year, after one year the consumer may terminate the agreement at all times with a notice period of up to one month, unless the reasonableness and fairness opposed against termination before the end of the agreed duration.

Article 15 – Payment

  1. Unless otherwise agreed in the agreement or additional conditions, the sums owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In case of an agreement for the provision of a service, this period commences on the day after the consumer has received the confirmation of the agreement.
  2. When selling products to consumers, the consumer can never be required to pay more than 50% in advance. When advance payment has been agreed, the consumer cannot invoke any right regarding the execution of the order or service(s) involved before the agreed advance payment has been made.
  3. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
  4. If the consumer does not meet his payment obligation(s) on time, he shall, after being reminded by the entrepreneur of the late payment and after the entrepreneur has given the consumer a period of 14 days to meet his payment obligations as yet, owe the statutory interest on the amount due, and the entrepreneur has the right to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% over amounts outstanding up to € 2500; 10% over the next € 2500; and 5% over the next € 5000, with a minimum of € 40. The entrepreneur can deviate from the amounts as mentioned earlier and percentages in favour of the consumer.

Article 16 – Complaints procedure

  1. The entrepreneur has a sufficiently published complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted to the entrepreneur, fully and clearly described, within 48 hours after the consumer has found the deficiencies.
  3. Complaints submitted to the entrepreneur will be responded to within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
  4. The consumer should give the entrepreneur at least four weeks to resolve the complaint in mutual consultation. After this period a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these terms and conditions apply, are exclusively governed by Dutch law.

Article 18 – Additional or varying provisions

Additional provisions or provisions varying from these terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a manner that the consumer can save them in an accessible manner on a durable medium.

Annex I: Standard form for withdrawal

Standard form for withdrawal

(complete and return this form only if you wish to withdraw from the agreement)

To:

  • [name entrepreneur]
  • [geographical address entrepreneur]
  • [fax number of the entrepreneur, if available]
  • [email address or electronic address of the entrepreneur]
  • I/We* hereby give notice that I/We* have decided to terminate our agreement with regard to
  • the sale of the following products: [product description]*
  • the supply of the following digital content: [description of digital content]*
  • the provision of the following service: [description of service]*,
  • withdraw*
  • Ordered on*/received on* [date of order for services or receipt for products].
  • [Name of consumer(s)]
  • [Address of consumer(s)]
  • [Signature of consumer(s)] (only if this form is notified on paper)

* Delete what does not apply or fill in what applies.