Article 1 : scope
1.1. These Terms and Conditions apply to all proposals, orders and contracts celebrated with Artiplant and replace all previous conditions settled between the parties. Artiplant is established at the following address: Amstelveenseweg 990a, 1081JS Amsterdam, Netherlands. Chamber of Commerce Amsterdam number 220.127.116.11., VAT number NL195542794.B.02.
1.2 The application of these other conditions, differing from these Terms and Conditions is expressly rejected unless Artiplant has accepted by written the different conditions in which case the non-diverging provisions of these conditions remain fully in force.
1.3 Through the use of Artiplant website and/or by ordering, the purchaser accept the Terms and Conditions as well as the other rights and duties indicated on the website. When you issue an order, you pick up the option that you accept the content and the application of the General Conditions.
1.4 Artiplant is entitled to recruit third parties during the performance of a contract with a purchaser.
Article 2: Proposal and contracts performance
2.1 All Artiplant proposals are not binding and should be considered as an invitation without commitment so that the potential purchaser can make a proposal. Artiplant expressly reserves itself the right to change the prices mentioned in the proposal and to cancel the same after acceptance.
2.2 A contract is valid only after Artiplant confirmation that it accepted the purchaser’s order/ proposal. In case that the order is issued through the website with a declined e-mail address, the confirmation is sent by e-mail to the mentioned e-mail address. Artiplant electronic files will be valid as a proof of contract existence.
Article 3 : Price
3.1 All prices indicated on the website are in euros, include VAT.
3.2 Expenditure or transport costs are not included in prices.
3.3 For the amount of expenditure costs, report to Client Service section on our website or as expressly indicated in the proposal.
Article 4 : Payment
4.1 All the goods shall be totally paid before delivery. The payment is made by wire transfer into account number NL95 RABO 0117 8333 63 to Artiplant at Amsterdam, iDEAL and bank card. .
4.2 Payment terms by invoice for regulated professionals. The payment deadline is 30 days after invoice date and the purchaser is already in default in case of late payment in relation with the established deadline. In case of late payment, the purchaser is liable for a 2% interest rate per month on due amount towards Artiplant, If Artiplant must incur in extra judicial costs in order to get the due amount from purchaser, this one is also liable for these costs, added to the interest rate indicated above, in a minimum amount of €100.
Article 5 : Delivery and delivery period
5.1 The orders are delivered as soon as possible, usually within the 5 working days, or at the latest 30 days after the order, unless otherwise agreed with purchaser. After 30 days purchaser has the right to cancel the transaction without any additional costs.
5.2 If a product can’t be delivered on time, you will be informed by telephone as well as by e-mail. A delay in delivery does not entitle the buyer to a claim for damages.
5.3 Deliveries took place at delivery address indicated by the purchaser.
5.4 The fact of delivery being done in the agreed place and date is under sole responsibility of the purchaser.
5.5 Once the products to be delivered are delivered at the indicated address, the risk related to products passes to the purchaser.
Article 6 : Retention of ownership
6.1 The products ownership, despite the physical delivery, only passes to the purchaser after he/she has completely satisfied his/her payment obligation and other obligations towards Artiplant. Except if otherwise agreed.
Article 7 : Warranty and return right
7.1 Artiplant ensures the factory warranty for supplied products, all our delivered products are in compliance with contract and correspond to the specifications indicated in the proposal. This warranty provision is subject to the rights and requirements that the law grants to the purchaser.
7.2 The right to the warranty is made obsolete if other repair services than those indicated by the manufacturer carried out restoration work or other one in the product.
7.3 All delivered plants are of superior quality. Artiplant gives no warranty regarding the growing of delivered plants because it is impossible for us to assess in site if they receive the adequate care and if they are in an appropriate place and/or type of soil. We appreciate when the client directly contacts Artiplant, in case of any doubt, so that we can advice the client.
7.4 Artiplant gives a freshness warranty of 72 hours on all the delivered plants. This warranty expires when delivery of plants is late because the ones were not received by the purchaser or when the purchaser had not taken into account the delivery advices. In case of quality loss within 72 hours, purchaser must, under penalty of being deprived of his rights and by way of derogation from Article 11, communicate it to Artiplant, at the latest 3 days after receipt, by written or by e-mail with photos in attachment.
7.5 Artiplant is not obliged to take back the delivered plants that were not welcomed or that do not satisfy, according to purchaser, for other causes.
Article 8 : Reflection period
8.1 A consumer has the right to return to Artiplant the ordered items, within 14 days after the receipt date, without indicating the reason. against Artiplant refund. In this case, the packaging and expenditure costs are at consumer’s expense. The goods especially ordered and adapted to consumer (for instance a set of pots and plants entirely tailor-made or tailor made products) as well as the plants are excluded from the return right.
8.2 If the client has already made payments by the time he terminates the contract, Artiplant will directly refund these payments to the client, within 30 days following the receipt of returned goods.
8.3 Artiplant reserves itself the right to refuse the returned products or to credit part of the amount already paid when there is a suspicion that the product has already been used or that it is damaged.
Article 9 : Force majeure
9.1 In case of force majeure from Artiplant, Artiplant is not obliged during the period of this force majeure case, to comply with its obligations towards the purchaser, or to be more precise the obligations are temporarily suspended. If force majeure lasts for more than 30 days, then the contract can be terminated by the purchaser, without judicial interference, and without the Artiplant’s obligation to pay any compensation.
9.2 By “force majeure”, it is understood: all circumstances beyond its control that prevent the observation of its obligations towards the purchaser, either fully or partially. These circumstances include, amongst others, fires, energetic and professional failures, strikes, non-delivery or incomplete one from subcontractors, plants diseases.
9.3 “Force majeure” also includes : disruptions in a network (of telecommunications) or in the connection or the unavailability of used communication systems and/ or of website, at any moment.
Article 10 : Intellectual Property
10.1 All rights (including copyrights, trademark rights, patents and other intellectual property rights) regarding all information or the one proposed through this website (including all texts, graphics representations and logos ) belong to Artiplant. It is expressly forbidden to copy information on this Internet site, to download them or make them public in any way, to diffuse or reproduce them without previous agreement by written from Artiplant or without legal authorization of the rightholders. You are allowed to print and/or download informations on this Internet site for your personal use.
Article 11 : Claims
11.1 Claims regarding articles by Artiplant should be addressed by written or by e-mail to Artiplant, in adequate time period, but anyway in the eight days after the delivery, under penalty of foreclosure.
11.2 The returned items are not accepted unless Artiplant has previously given its written agreement. In case of product damage due to transport or for any other reason, digital photos should be sent together with the claim, for clarification purposes.
11.3 If a claim issued on time, or otherwise accepted by Artiplant, is considered valid, then Artiplant is only obliged to refund money to a maximum amount equal to the original value of delivered products or to replacement of delivered original articles by articles having similar quality and prices.
11.4 The overrun of delivery period does not entitle to compensation. The overrun of the delivery period only reserves the right to the cancellation or termination of the contract, if it exceeds 30 days.
Article 12 : Exclusion of Liability
12.1 Artiplant assumes no responsibility towards direct, indirect, particular, occasional, immaterial or consecutive damages (including the lost benefice), that Artiplant have been informed or not of these damage possibility, resulting in any way, but non exhaustively, from (i) failures, virus or other defects in devices and other software in relation with the access or the use of this website, (ii) information that is provided in this website, (iii) interception, change or improper use of information sent to Artiplant or sent to you, (iv) functioning or unavailability of this website, (v) wrong use of the same, (vi) loss of data, (vii) download or use of software made available via this website or (viii) of third claims regarding the use of this website.
Article 13 : Applicable law
13.1 Only Dutch law is applied on all proposals and contracts on which are applied these conditions.
13.2 All disputes related to or resulting of tenders or contracts with Artiplant are submitted to the competent court in Amsterdam.
Article 14 : Personal data and data management
14.1 If you set an order to Artiplant, your data is so recorded in clients file in order to deal with your order. Artiplant respects the Personal Data Protection Law (WPB).
5.2 Artiplant respects the protection of website users private life and ensures a discrete and confidential processing of your personal data.
5.3 Unless customer indicates that he does not attach importance to, customer’s data will be saved in a central database of Artiplant. These data will be used to keep the client completely informed of Artiplant business and services. Client’s data processing will be done in accordance with the laws and regulation in force.
5.4 Client can obtain upon request the right to search data recorded by Artiplant regarding the client, in Artiplant file. Client is authorized to ask the change of data, if there is any inacurracy.
Article 15 : Diverse
15.1 Artiplant processes purchaser’s personal data only for its own purposes. Personal data is not provided to third parties.
15.2 Contracts are made in Dutch language.
15.3 Artiplant really cares about an up-to-date and correct information on its site. Nevertheless, purchaser can’t assert its rights regarding eventually incorrect information and/or errors in items descriptions and prices.
15.4 Images try to reproduce reality as best as possible.
15.5 Artiplant reserves to itself the right to change at any time the proposed information in website, including the text of these conditions, without announcing it. It is recommended to verify periodically if proposed information in website, including the text of these conditions, was changed.
15.6 If any provision of these conditions appears a posteriori as non-coercive, then this provision is interpreted as far as possible in alignment with the contract and the other provisions remain in full force.