GENERAL TERMS AND CONDITIONS

Dutch Flower Power Fertilizers BV

Definitions

  1. Dutch Flower Power Fertilizers BV: Dutch Flower Power Fertilizers BV, established in Zutphen, Netherlands, Chamber of Commerce no. 53090667.
  2. Customer: the person with whom Dutch Flower Power Fertilizers BV has entered into an agreement.
  3. Parties: Dutch Flower Power Fertilizers BV and customer together.
  4. Consumer: a customer who is an individual acting for private purposes.

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of products by or on behalf of Dutch Flower Power Fertilizers BV.
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

  1. All prices used by Dutch Flower Power Fertilizers BV are in United States Dollars (USD), are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. Dutch Flower Power Fertilizers BV is entitled to adjust all prices for its products, shown in its shop, on its website or otherwise, at any time.
  3. Increases in the cost prices of products or parts thereof, which Dutch Flower Power Fertilizers BV could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
  4. The customer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Samples / models

If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.

Consequences of late payment

  1. If the customer does not pay within the agreed term, Dutch Flower Power Fertilizers BV is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Dutch Flower Power Fertilizers BV.
  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
  4. If the customer does not pay on time, Dutch Flower Power Fertilizers BV may suspend its obligations until the customer has met his payment obligation.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Dutch Flower Power Fertilizers BV on the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the performance of the agreement by Dutch Flower Power Fertilizers BV, he is still obliged to pay the agreed price to Dutch Flower Power Fertilizers BV.

Right of recovery of goods

  1. As soon as the customer is in default, Dutch Flower Power Fertilizers BV is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. Dutch Flower Power Fertilizers BV invokes the right of recovery by means of a written or electronic announcement.
  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Dutch Flower Power Fertilizers BV, unless the parties agree to make other arrangements about this.
  4. The costs for the collection or return of the products are at the expense of the customer.

Right of cancellation

  1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
  • the product has not been used
  • the content of the box is still intact
  • the consumer has not renounced his right of cancellation
  1. The reflection period of 14 days as referred to in paragraph 1 commences on the day after the consumer has received the last product or part of 1 order.
  2. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  3. The consumer must at first notify his right of cancellation via admin@dutchflowerpower.shop, only by using the withdrawal form that can be downloaded via the website of Dutch Flower Power Fertilizers BV (www.dutchflowerpower.shop) to obtain Return Merchandise Authorization (RMA) number.
  4. Read our Return Policy how to return the product(s) before returning product(s).
  5. The consumer is obliged to return the product to Dutch Flower Power Fertilizers BV within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
  6. The costs for return are due Dutch Flower Power Fertilizers BV if the complete order is returned.
  7. After receiving your return and inspecting the condition of your item, we will process your return. The processing period of your return will take at least fourteen (14) and at the most twenty eight (28) days from the receipt of your item. Refunds may take 1-2 billing cycles to appear on your credit card statement, depending on your credit card company. Dutch Flower Power Fertilizers BV will notify you by email when your return has been processed.
  8. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Dutch Flower Power Fertilizers BV will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Dutch Flower Power Fertilizers BV in time.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

  1. Dutch Flower Power Fertilizers BV can appeal to his right of retention of title and in that case retain the products sold by Dutch Flower Power Fertilizers BV to the customer until the customer has paid all outstanding invoices with regard to Dutch Flower Power Fertilizers BV, unless the customer has provided sufficient security for these payments.
  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Dutch Flower Power Fertilizers BV.
  3. Dutch Flower Power Fertilizers BV is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to Dutch Flower Power Fertilizers BV with any claim on Dutch Flower Power Fertilizers BV.

Retention of title

  1. Dutch Flower Power Fertilizers BV remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Dutch Flower Power Fertilizers BV under whatever agreement with Dutch Flower Power Fertilizers BV including of claims regarding the shortcomings in the performance.
  2. Until then, Dutch Flower Power Fertilizers BV can invoke its retention of title and take back the goods.
  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. If Dutch Flower Power Fertilizers BV invokes its retention of title, the agreement will be dissolved and Dutch Flower Power Fertilizers BV has the right to claim compensation, lost profits and interest.

Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at Dutch Flower Power Fertilizers BV or third party chosen by Dutch Flower Power Fertilizers BV unless the parties have agreed upon otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer.
  4. If the agreed price is not paid on time, Dutch Flower Power Fertilizers BV has the right to suspend its obligations until the agreed price is fully paid.
  5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Dutch Flower Power Fertilizers BV.

Delivery period

  1. Any delivery period specified by Dutch Flower Power Fertilizers BV is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
  2. The delivery starts once the customer has fully completed the electronic ordering process and received an electronic confirmation of his order from Dutch Flower Power Fertilizers BV.
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Dutch Flower Power Fertilizers BV cannot deliver within 30 days or if the parties have agreed upon otherwise.
  4. Compensation as referred to in paragraph 3 will never increase the amount of the order in question.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

Packaging and shipping

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Dutch Flower Power Fertilizers BV may not be held liable for any damage.
  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Dutch Flower Power Fertilizers BV, failing which Dutch Flower Power Fertilizers BV cannot be held liable for any damage.

Storage

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

Guarantee

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material and will last until 6 months after purchasing the product on condition that the customer the product has been stored correctly.
  2. The warranty does not apply in the event of changes made to the product, negligence or improper use by the customer, or improper storage, or when the cause of the defect cannot clearly be established. The burden of proof to the contrary lies with the consumer.
  3. The warranty does not apply to the end result when using the product of Dutch Flower Power Fertilizers BV because the product is used for plants (a living organism) and the end results are also very dependable of and can be influenced by the way the customer will follow the instructions and other external situations.
  4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Indemnity

The customer indemnifies Dutch Flower Power Fertilizers BV against all third-party claims that are related to the products supplied by Dutch Flower Power Fertilizers BV.

Complaints

  1. The customer must examine a product provided by Dutch Flower Power Fertilizers BV as soon as possible for possible shortcomings.
  2. If a delivered product does not comply with what the customer could reasonably expect from the agreement, the customer must inform Dutch Flower Power Fertilizers BV of this by writing as soon as possible, but in any case within 14 days after the discovery of the shortcomings.
  3. The customer gives a detailed description as possible of the shortcomings, so that Dutch Flower Power Fertilizers BV is able to respond adequately.
  4. The customer must demonstrate that the complaint relates to an agreement between the parties.

Giving notice

  1. The customer must provide any notice of default to Dutch Flower Power Fertilizers BV in writing via admin@dutchflowerpower.shop.
  2. It is the responsibility of the customer that a notice of default actually reaches Dutch Flower Power Fertilizers BV (in time).

Joint and several Client liabilities

If Dutch Flower Power Fertilizers BV enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Dutch Flower Power Fertilizers BV under that agreement.

Liability of Dutch Flower Power Fertilizers BV

  1. Dutch Flower Power Fertilizers BV is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence of Dutch Flower Power Fertilizers BV.
  2. If Dutch Flower Power Fertilizers BV is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
  3. Dutch Flower Power Fertilizers BV is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  4. If Dutch Flower Power Fertilizers BV is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from Dutch Flower Power Fertilizers BV shall, in any case, expire within 6 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Dissolution

  1. The customer has the right to dissolve the agreement if Dutch Flower Power Fertilizers BV imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
  2. If the fulfillment of the obligations by Dutch Flower Power Fertilizers BV is not permanent or temporarily impossible, dissolution can only take place after Dutch Flower Power Fertilizers BV is in default.
  3. Dutch Flower Power Fertilizers BV has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Dutch Flower Power Fertilizers BV good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Dutch Flower Power Fertilizers BV in the fulfillment of any obligation to the customer cannot be attributed to Dutch Flower Power Fertilizers BV in any situation independent of the will of Dutch Flower Power Fertilizers BV, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Dutch Flower Power Fertilizers BV.
  2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
  3. If a situation of force majeure arises as a result of which Dutch Flower Power Fertilizers BV cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Dutch Flower Power Fertilizers BV can comply with it.
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
  5. Dutch Flower Power Fertilizers BV does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

  1. Dutch Flower Power Fertilizers BV is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Major changes in content are sent to the customer by email by Dutch Flower Power Fertilizers BV within 7 days after being finalized.
  4. The final amended version of these terms and conditions forms part of every agreement concluded between the customer and Dutch Flower Power Fertilizers BV, unless the customer expressly indicates in writing that he does not agree with the amended terms and conditions within 7 days of receiving the amended terms and conditions.

Transfer of rights

  1. The customer cannot transfer its rights deferring from an agreement with Dutch Flower Power Fertilizers BV to third parties without the prior written consent of Dutch Flower Power Fertilizers BV.
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Dutch Flower Power Fertilizers BV had in mind when drafting the conditions on that issue.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties.
  2. The Dutch court in the district where Dutch Flower Power Fertilizers BV is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Click To Order Now!
Buy Now