Terms & conditions
Article 1 Definitions
- PLNTS is a private limited company with the aim of selling plants, flower pots, plant care, and accessories.
- In these General Terms and Conditions, 'General Terms and Conditions' shall mean the present General Terms and Conditions.
- In these General Terms and Conditions, 'Customer' shall refer to the natural person who does not act for purposes related to their business or professional activities (hereinafter: Consumer) or the natural person or legal entity who acts in the exercise of their business or professional activities (hereinafter: Business Customer) and makes use of PLNTS's Services.
- In these General Terms and Conditions, 'Parties,' and each individually as 'Party,' refer to PLNTS and/or Customer.
- In these General Terms and Conditions, 'Agreement' refers to the agreement concluded between PLNTS and the Customer, whether or not concluded within the framework of an organized system for remote sales or service provision, in which, up to the time of concluding the Agreement, only one or more means of remote communication are used, whereby PLNTS undertakes to provide Services and deliver Products to the Customer, and the Customer undertakes to pay a price for this. The Agreement is concluded by an offer from PLNTS and its acceptance by the Customer, as further specified in Article 4.3 of these General Terms and Conditions.
- In these General Terms and Conditions, 'Services' refer to all Services provided by PLNTS and/or by third parties engaged by her to the Customer, including, among other things, the sale of plants, flower pots, plant care, and accessories, and delivered Products, as well as all other activities carried out by PLNTS for the Customer of any kind, performed within the framework of an assignment, including work that is not carried out at the express request of the Customer.
- In these General Terms and Conditions, 'Products' refer to all Products delivered to the Customer by PLNTS and/or by third parties engaged by her, including indoor plants, flower pots, plant care, and accessories offered on the Website, whether or not made by PLNTS itself.
- In these General Terms and Conditions, 'Website' refers to PLNTS's website, accessible via plnts.com.
Article 2 Identity of PLNTS
- PLNTS is registered with the Chamber of Commerce under number 76981185 and has a VAT identification number NL860861235B01. PLNTS is located at Tweede Tochweg 98 (2913 LS) in Nieuwerkerk aan den Ijssel.
- PLNTS can be contacted by email at email@example.com
Article 3 Applicability of the General Terms and Conditions
- The General Terms and Conditions apply to every offer from PLNTS and to all current and future Agreements, deliveries, commercial relationships, and other legal relationships between the Parties. The Customer's General Terms and Conditions are explicitly rejected.
- Deviations from the General Terms and Conditions are only valid if expressly and in writing agreed upon with PLNTS.
- The applicability of the Customer's purchase or other terms is explicitly rejected unless expressly and in writing otherwise agreed.
- The General Terms and Conditions also apply to additional or amended orders from the Customer.
- If it is determined that one or more provisions in these General Terms and Conditions are void, the validity of the other provisions in these General Terms and Conditions and the entire Agreement shall not be affected. In such a case, the Parties will make reasonable efforts to replace the void provision with a new, valid provision that comes as close as possible to the purpose of the original General Terms and Conditions.
Article 4 Offer and Conclusion of the Agreement
- All offers on the Website are entirely non-binding unless expressly stated otherwise.
- Customers can contact PLNTS through the Website, email, or phone for any of the offered Services or Products.
- Customers can place orders on the Website. The Agreement is concluded by placing an order.
Article 5 Execution of the Agreement
- PLNTS will make every effort to perform the Services to the best of its knowledge and ability, in accordance with the requirements of good craftsmanship and as much as possible in accordance with the written agreements.
- PLNTS has the right to have certain tasks carried out by third parties.
- When engaging third parties, PLNTS will exercise due care and, as far as is reasonably possible and customary in the relationship with the Customer, consult with the Customer regarding the selection of these third parties. The costs of engaging these third parties are borne by the Customer and will be invoiced by PLNTS to the Customer.
- The Agreement can only be executed by PLNTS if the Customer provides complete and correct (contact) information to PLNTS when concluding the Agreement. Therefore, the Customer is responsible for providing all information that PLNTS indicates as necessary or that the Customer reasonably should understand as necessary for the execution of the Agreement.
- The Customer ensures that PLNTS can perform its Services in a timely and proper manner. If the Customer fails to fulfill its obligations in this regard, the Customer is obliged to compensate the resulting damage.
- If a deadline has been agreed upon or specified for the execution of Services or the delivery of Products, this is never a strict deadline. In case of exceeding a deadline, the Customer must notify PLNTS in writing. PLNTS must be given a reasonable period to still fulfill the Agreement.
Article 6 Amendment of the Agreement
- If it becomes apparent during the execution of the Agreement that it is necessary to modify or supplement it for proper execution, PLNTS and the Customer will promptly and mutually agree to amend the Agreement.
- If the Agreement is modified, including an addition, it constitutes an additional assignment. A separate agreement on compensation for this additional assignment will be made in advance. Without an additional quote, the original terms apply, with extra Services paid at the agreed rate.
- The failure or non-immediate execution of the modified Agreement does not constitute a breach by PLNTS and is not a reason for the Customer to terminate or dissolve the Agreement.
- Changes in the originally closed Agreement between PLNTS and the Customer are only valid from the moment these changes are accepted by both Parties through an additional or modified Agreement. This change is made in writing.
Article 7 Suspension, Termination, and Interim Termination of the Agreement
- PLNTS is authorized to suspend the fulfillment of obligations or terminate the Agreement if the Customer does not, not completely, or not timely fulfill the obligations under the Agreement, or if PLNTS has reasonable grounds to fear that the Customer will fail to meet these obligations, provided that PLNTS has informed the Customer of this non-compliance through a written notice, specifying a reasonable deadline for compliance, and compliance within this period remains unfulfilled.
- Furthermore, PLNTS is authorized to terminate the Agreement under the same conditions as referred to in paragraph 1 of this Article if circumstances arise that are of such a nature that performance of the Agreement is impossible, or the unaltered maintenance of the Agreement cannot reasonably be expected.
- If the Customer does not fulfill obligations arising from the Agreement, this non-compliance justifies termination, and the Customer is in default, PLNTS is entitled to terminate the Agreement immediately and with immediate effect by means of a written statement to the Customer, whereby, as a result of non-compliance, the Customer is obliged to pay damages or compensation.
Article 8 Right of Withdrawal and Product Returns
- The Consumer has the right to cancel a distance contract within 14 (fourteen) days without giving any reason (Right of Withdrawal).
- This Article only applies to a distance contract entered into with the Consumer. The Business Customer does not have the right of withdrawal.
- Plants are exempt from the right of withdrawal; therefore, the right of withdrawal does not apply.
- In the case of a contract for the provision of services, the withdrawal period for the Consumer starts from the day the contract is concluded.
- For the Consumer, once PLNTS has fully provided the services within the 14 (fourteen) day cooling-off period, the contract can no longer be canceled. The Consumer agrees to this when entering into the Agreement and waives the Right of Withdrawal.
- Furthermore, the Consumer retains the Right of Withdrawal if, at the request of the Consumer, the delivery of the services is partially performed within the 14 (fourteen) day cooling-off period. However, the Consumer is obliged to pay for the services already provided.
- In the case of a contract for the delivery of products, the withdrawal period for the Consumer or a third party designated by the Consumer, who is not the carrier, starts from the day the Consumer: a. Receives the product; b. Receives the last product if the Consumer has ordered multiple products in the same order, which are delivered separately; c. Receives the last shipment or the last part if the product is delivered in several shipments or parts; d. Receives the first product in the case of contracts for the regular delivery of products over a specified period.
- If the Consumer exercises the Right of Withdrawal within the withdrawal period mentioned in paragraph 1 of this Article, PLNTS will refund the full amount paid by the Consumer, including shipping costs, within 14 (fourteen) days after receiving the product.
- After the withdrawal period, free returns are only possible if the Customer can prove that the product was damaged upon delivery, and it was not caused by the Customer. In this regard, there is a legal presumption for the Customer, which means that when the product deviates from the Agreement within 12 (twelve) months of receipt, it is presumed that the product did not conform to the Agreement at the time of delivery.
- The Consumer must handle the received product and packaging with care during the withdrawal period as mentioned in paragraph 1 of this Article. The Consumer shall only use the product and open the packaging to the extent necessary to inspect the product. The starting point is that the Consumer should not inspect the product any further than they would be able to in a physical store. If the Consumer decides to return the product, and it is not necessary to remove the packaging, PLNTS requests that the Customer refrains from doing so.
- The Consumer is only liable for any diminished value of the product resulting from handling the product beyond what is necessary in accordance with paragraph 10 of this Article.
- The Customer can return the product through a chosen postal service. The return costs are at the expense of the Customer.
- PLNTS is obligated to provide the Customer with a return form in the case of a distance contract or offer it through the Website. If the Customer wishes to return the order, the Customer can fill out the return form. The Customer is also free to notify PLNTS of the termination of the distance contract in another unequivocal way.
- If the Customer fills out the return form electronically or notifies PLNTS in another electronic way of the termination of the distance contract, PLNTS confirms the receipt of this immediately and on a durable data carrier.
Article 9 Cancellation
- Cancellation of the Agreement after signing the quotation or (electronic) order confirmation is not possible for the Business Customer.
Article 10 Costs, Compensation, and Payment
- All amounts mentioned in the quotation are in euros and inclusive of VAT for the Consumer, unless stated otherwise.
- All amounts mentioned in the quotation are in euros and exclusive of VAT for the Business Customer, unless stated otherwise.
- The amounts in the Webshop include VAT and exclude shipping costs unless stated otherwise. PLNTS will clearly and timely specify the shipping costs to the Customer before the Agreement is concluded.
- PLNTS has the right to correct manifest errors in the price quotation.
- Payment is made via Mollie, iDeal, Credit Card, Klarna, Sofort, and Paypal. The Consumer is only obliged to make an advance payment of up to half of the purchase price when paying for Products.
- Free shipping applies to orders within the Netherlands that exceed €75. Shipping costs vary by country and are listed on the PLNTS website.
- The Customer is obligated to promptly inform PLNTS of any inaccuracies in the provided or given payment information.
- If the Customer fails to make a timely payment of an invoice, the Customer is automatically in default without further notice. In that case, the Customer is liable to pay statutory interest. Interest on the due amount will be calculated from the moment the Customer is in default until the moment the full amount due is paid.
- If PLNTS decides to collect a claim for non-payment of one or more unpaid invoices through legal means, the Customer is also required to reimburse all reasonable judicial and extrajudicial costs incurred in addition to the principal amount owed and the interest as mentioned in Article 10.8. The reimbursement of judicial and extrajudicial costs is determined in accordance with the prevailing Decree concerning extrajudicial collection costs.
Article 11 Delivery
- Upon receiving the order, PLNTS will dispatch the Products to the address provided by the Customer as soon as possible, in accordance with the delivery time. The standard delivery time for PLNTS in the Netherlands is generally same-day dispatch for orders placed before 12:00. The delivery time varies by country and is indicated on the PLNTS website.
- If PLNTS cannot deliver the Products within the agreed-upon delivery time, they will inform the Customer as soon as possible. PLNTS is authorized to agree on a new delivery date in consultation with the Customer, provided that the Customer agrees.
- The risk for the Products transfers to the buyer when the Products are delivered to the Customer or a carrier designated by the Customer at the specified delivery address.
- Unless otherwise agreed in writing, the delivery originates from Nieuwerkerk aan den Ijssel.
- PLNTS determines the method of transportation and packaging. PLNTS may choose to have the Products delivered by PostNL or another postal service, or personally deliver the Products.
- If the Products are available to the Customer after the delivery time has elapsed but are not accepted by the Customer for any reason, the Products will be stored at the Customer's expense and risk, regardless of the reason for non-acceptance.
- If the delivered Product significantly deviates from the Agreement, or if a Product is lost or received in damaged condition, a suitable solution will be sought through mutual consultation. In such a case, the Customer has the right to: i. Demand the delivery of the missing part or Product; ii. Request repair of the delivered Product, provided that PLNTS can reasonably comply with this; iii. Request a replacement of the Product unless the deviation from the Agreement is too insignificant to justify it, or the Product has deteriorated after the point in time when the Customer should reasonably have considered dissolving the Agreement, due to the Customer not acting as a diligent debtor in preserving the Product; iv. Terminate the Agreement unless the deviation from the Agreement is too insignificant to justify termination; or v. Reduce the price in proportion to the degree of deviation from the Agreement.
- The rights as mentioned in paragraphs 7 iv and v of this Article only arise if it is impossible to repair or replace the delivered Products, or if PLNTS fails to meet its obligations regarding the repair or replacement of the delivered Products within a reasonable period.
- If the Customer demands a replacement of the Product, as mentioned in paragraph 7 iii of this Article, and the ordered Product is no longer available, PLNTS is entitled to deliver a similar Product of the same or similar quality to the Customer.
Article 12 Retention of Title
- All goods delivered by PLNTS remain the property of PLNTS until these goods are fully paid for.
- To the extent that PLNTS' retention of title is extinguished by accession or otherwise, PLNTS reserves the right to establish a non-possessory pledge on an item to secure all that the Customer owes or will owe PLNTS. The Customer must establish this non-possessory pledge upon PLNTS' first request.
Article 13 Liability
- This Article only applies to an Agreement concluded with the Business Customer.
- Clauses 13.8, 13.10-13.15 are applicable to an Agreement concluded with the Consumer as well.
- The Business Customer is responsible for providing correct and representative data and information necessary for the execution of the Agreement. PLNTS is not liable for damages, including incorrect orders, if the Business Customer has provided incorrect, non-representative, or irrelevant data.
- The delivery time as mentioned in Article 11.1 can only be approximate. Although every effort will be made to meet the delivery time, PLNTS is never liable for the consequences of exceeding the stated term. Exceeding the term does not give the Business Customer the right to cancel the Agreement or refuse the receipt or payment of the Products, nor is PLNTS liable to compensate the Business Customer.
- PLNTS is not liable for frost damage to the plants during transportation.
- PLNTS is not liable for errors or omissions by third parties it has engaged. By using PLNTS' Services, the Business Customer authorizes PLNTS to, on behalf of the Business Customer, accept any limitation of liability made by a third party engaged by PLNTS.
- PLNTS is not liable for any damage caused to the Products during transportation, as outlined in Article 11, section 4, of these General Terms and Conditions.
- PLNTS is not liable for indirect damages, including but not limited to consequential damages.
- PLNTS is not liable for any errors or mistakes on the Website.
- PLNTS is not liable for failing to meet the obligations arising from the Agreement when caused by force majeure, as defined in Article 14.
- The Customer indemnifies PLNTS against claims from third parties of any kind related to the Services.
- If PLNTS is found liable, it will only be liable for direct damages actually incurred, paid, or suffered by the Customer due to a demonstrable failure of PLNTS to fulfill its obligations regarding its Services.
- PLNTS' liability is limited to the amount covered and paid out by the insurer. If the insurer does not pay out, or if PLNTS is not insured, the liability is limited to the amount paid by the Customer.
- The limitation of liability as described in this Article does not exclude liability in cases where liability cannot be limited or excluded by law.
Article 14 Force Majeure
- Force majeure is defined as all external causes, beyond PLNTS' control, which prevent timely, complete, or proper fulfillment of the Agreement.
- Force majeure as mentioned in the previous section of this Article also includes, but is not limited to, non-performance by a third party, illness of PLNTS' staff or third parties, abnormal weather conditions, disruptions in water and energy supplies, strikes, serious disruptions in PLNTS' systems, fires, floods, natural disasters, pandemics, riots, wars, or other domestic disturbances.
- In the event of force majeure, performance of the Agreement will be suspended as long as the force majeure persists.
- If force majeure results in one of the Parties failing to fulfill their obligations under the Agreement, the other Party is entitled to terminate the Agreement without court intervention. In such a case, PLNTS will proceed to refund any amounts paid, minus all costs incurred by PLNTS related to the Agreement.
Article 15 Warranty
- PLNTS offers a 30 (thirty) day warranty on the quality of the plant.
- The provisions regarding warranty in these General Terms and Conditions do not affect the Customer's warranty rights under the law.
Article 16 Complaints
- The Customer is obliged to inspect or have the delivered Product inspected at the time of delivery, or within the shortest possible period. The Customer should examine whether the quality and quantity of the delivered items correspond to what has been stipulated in the Agreement.
- Errors or inaccuracies that can be observed during an initial inspection, considering the principles of reasonableness and fairness, should be reported to PLNTS in writing within 14 (fourteen) business days of receiving the Products, along with the presentation of the purchase receipt, unless this is impossible or unreasonably burdensome.
- Other complaints, including those that could not have been discovered during an initial inspection, must be reported in writing to PLNTS within one month, as outlined in section 2 of this Article. In this regard, the Customer benefits from a legal presumption that, if the Product deviates from the Agreement within 12 (twelve) months of receipt, it is presumed that the product did not conform to the Agreement.
Article 17 Confidentiality of Data
- Each of the Parties guarantees that all data received from the other Party, which is known or should be known to be of a confidential nature, will remain confidential. The Party receiving confidential data will only use it for the purpose for which it was provided. Data will in any case be considered confidential if one of the Parties has designated it as such. PLNTS cannot be held to this if disclosing data to a third party is necessary as a result of a court order, a legal requirement, or for the proper execution of the agreement.
Article 18 Intellectual Property
- PLNTS reserves the rights and powers that it is entitled to under the Copyright Act.
- The Customer guarantees that the availability of data to PLNTS does not infringe the rights of third parties. The Customer will indemnify PLNTS against any action based on the assertion that such provision, use, processing, installation, or incorporation constitutes an infringement of any third-party rights.
Article 19 Complaints Procedure
- If the Customer has a complaint, they must send it in writing to firstname.lastname@example.org. The complaint will be processed by PLNTS, if reasonably possible, within 5 (five) working days of receiving the complaint. The Customer will receive a substantive response as soon as possible.
- The Customer also has the option to submit a complaint to the Disputes Committee via the European ODR Platform, which can be found on the website http://ec.europa.eu/consumers/odr/.
Article 20 Amendment Clause
- PLNTS reserves the right to amend or supplement these General Terms and Conditions at any time. PLNTS will inform the Customer of this in a timely manner.
- The amended General Terms and Conditions will apply to the Agreement one month after being announced to the Customer.
- The Consumer has the option to terminate the Agreement no later than on the day the amended General Terms and Conditions come into effect if the changes result in PLNTS being able to provide Services or Products that are substantially different from what the Parties agreed upon when concluding the Agreement.
Article 21 Applicable Law and Competent Court
- Dutch law applies to the legal relationship(s) between PLNTS and its Customer.
- All disputes that may arise between PLNTS and the Customer will be submitted to the competent court in the district where the Customer resides.
- All disputes that may arise between PLNTS and the Business Customer will be submitted to the court in Rotterdam.