Article 1 — Definitions

Article 2 — Identity of LOVEPLANTS

LOVEPLANTS is registered with the Chamber of Commerce under number 76981185 and has a VAT identification number NL860861235B01. LOVEPLANTS is located at Tweede Tochweg 98 (2913 LS) in Nieuwerkerk aan den Ijssel. LOVEPLANTS can be contacted by email at [email protected].

Article 3 — Applicability of the General Terms and Conditions

• The General Terms and Conditions apply to every offer from LOVEPLANTS 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 LOVEPLANTS.
• 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 shall not be affected. 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 LOVEPLANTS 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

• LOVEPLANTS 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.
• LOVEPLANTS has the right to have certain tasks carried out by third parties.
• When engaging third parties, LOVEPLANTS 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 LOVEPLANTS to the Customer.
• The Agreement can only be executed by LOVEPLANTS if the Customer provides complete and correct (contact) information to LOVEPLANTS when concluding the Agreement.
• The Customer ensures that LOVEPLANTS 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 LOVEPLANTS in writing. LOVEPLANTS 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, LOVEPLANTS 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 LOVEPLANTS and is not a reason for the Customer to terminate or dissolve the Agreement.
• Changes in the originally closed Agreement between LOVEPLANTS 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

• LOVEPLANTS 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 LOVEPLANTS has reasonable grounds to fear that the Customer will fail to meet these obligations, provided that LOVEPLANTS 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, LOVEPLANTS 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, LOVEPLANTS 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 LOVEPLANTS 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 receives the product (or last product/shipment).
• If the Consumer exercises the Right of Withdrawal within the withdrawal period, LOVEPLANTS 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.
• The Consumer must handle the received product and packaging with care during the withdrawal period. The Consumer shall only use the product and open the packaging to the extent necessary to inspect the product.
• The Consumer is only liable for any diminished value of the product resulting from handling the product beyond what is necessary.
• The Customer can return the product through a chosen postal service. The return costs are at the expense of the Customer.
• LOVEPLANTS is obligated to provide the Customer with a return form in the case of a distance contract or offer it through the Website.

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. LOVEPLANTS will clearly and timely specify the shipping costs to the Customer before the Agreement is concluded.
• LOVEPLANTS 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 LOVEPLANTS website.
• The Customer is obligated to promptly inform LOVEPLANTS 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.
• If LOVEPLANTS 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.

Article 11 — Delivery

• Upon receiving the order, LOVEPLANTS 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 LOVEPLANTS in the Netherlands is generally same-day dispatch for orders placed before 12:00.
• If LOVEPLANTS cannot deliver the Products within the agreed-upon delivery time, they will inform the Customer as soon as possible. LOVEPLANTS is authorized to agree on a new delivery date in consultation with the Customer.
• 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.
• LOVEPLANTS determines the method of transportation and packaging.
• If the Products are available to the Customer after the delivery time has elapsed but are not accepted, the Products will be stored at the Customer's expense and risk.
• 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 various rights including demanding delivery of missing part, repair, replacement, termination of the Agreement, or price reduction.
• The rights as mentioned in paragraph 7 (iv and v) only arise if it is impossible to repair or replace the delivered Products, or if LOVEPLANTS fails to meet its obligations regarding repair or replacement within a reasonable period.

Article 12 — Retention of Title

• All goods delivered by LOVEPLANTS remain the property of LOVEPLANTS until these goods are fully paid for.
• To the extent that LOVEPLANTS' retention of title is extinguished by accession or otherwise, LOVEPLANTS reserves the right to establish a non-possessory pledge on an item to secure all that the Customer owes or will owe LOVEPLANTS. The Customer must establish this non-possessory pledge upon LOVEPLANTS' first request.

Article 13 — Liability

• This Article only applies to an Agreement concluded with the Business Customer, except clauses 13.8, 13.10-13.15 which 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.
• The delivery time as mentioned in Article 11.1 can only be approximate. LOVEPLANTS is never liable for the consequences of exceeding the stated term.
• LOVEPLANTS is not liable for frost damage to the plants during transportation.
• LOVEPLANTS is not liable for errors or omissions by third parties it has engaged.
• LOVEPLANTS is not liable for any damage caused to the Products during transportation.
• LOVEPLANTS is not liable for indirect damages, including but not limited to consequential damages.
• LOVEPLANTS is not liable for any errors or mistakes on the Website.
• LOVEPLANTS is not liable for failing to meet the obligations arising from the Agreement when caused by force majeure.
• The Customer indemnifies LOVEPLANTS against claims from third parties of any kind related to the Services.
• If LOVEPLANTS is found liable, it will only be liable for direct damages actually incurred due to a demonstrable failure of LOVEPLANTS.
• LOVEPLANTS' liability is limited to the amount covered and paid out by the insurer. If the insurer does not pay out, or if LOVEPLANTS 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 LOVEPLANTS' control, which prevent timely, complete, or proper fulfillment of the Agreement.
• Force majeure includes but is not limited to non-performance by a third party, illness of staff, abnormal weather conditions, disruptions in energy supplies, strikes, system disruptions, 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, the other Party is entitled to terminate the Agreement without court intervention. LOVEPLANTS will proceed to refund any amounts paid, minus all costs incurred by LOVEPLANTS related to the Agreement.

Article 15 — Warranty

• LOVEPLANTS 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.
• Errors or inaccuracies that can be observed during an initial inspection should be reported to LOVEPLANTS in writing within 14 (fourteen) business days of receiving the Products, along with the presentation of the purchase receipt.
• Other complaints, including those that could not have been discovered during an initial inspection, must be reported in writing to LOVEPLANTS within one month. 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. LOVEPLANTS 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

• LOVEPLANTS reserves the rights and powers that it is entitled to under the Copyright Act.
• The Customer guarantees that the availability of data to LOVEPLANTS does not infringe the rights of third parties. The Customer will indemnify LOVEPLANTS 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 [email protected]. The complaint will be processed by LOVEPLANTS, if reasonably possible, within 5 (five) working days of receiving the complaint.
• 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

• LOVEPLANTS reserves the right to amend or supplement these General Terms and Conditions at any time. LOVEPLANTS 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 LOVEPLANTS 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 LOVEPLANTS and its Customer.
• All disputes that may arise between LOVEPLANTS and the Consumer will be submitted to the competent court in the district where the Customer resides.
• All disputes that may arise between LOVEPLANTS and the Business Customer will be submitted to the court in Rotterdam.