Algemene voorwaarden
GENERAL TERMS AND CONDITIONS remote delivery (webshops)
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the economic operator
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the customer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of EUGARDENCENTER.EU in case of revocation
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12- Delivery and execution
Article 13 - Prohibition on the supply of large scale, illegal and professional hemp cultivation
Article 14 - Payment
Article 15 - Retention of title and dissolution of absences
Article 16 - Force majeure
Article 17 - Damages
Article 18 - Choice of law and jurisdiction
Article 1 - Definitions
For the purposes of these terms and conditions:
Supplementary agreement: an agreement whereby the purchaser acquires products and/or services in connection with a distance contract and these goods and/or services are delivered by EUGARDENCENTER.COM (formerly eugrowshop.eu) or by a third party on the basis of an agreement between that third party and EUGARDENCENTER.COM;
Withdrawal period: the period within which the purchaser may exercise his right of withdrawal;
Buyer: the person, natural and legal persons at the same time, whether or not acting for purposes relating to his commercial, business, craft or professional activity; Day: calendar day; Right of withdrawal: the possibility for the buyer to waive the distance contract within the cooling-off period;
Distance contract: a contract concluded between the trader and the buyer within the framework of an organised system for the distance sale of products and/or services, whereby, up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication; Model revocation form: the model revocation form set out in Annex I to these terms and conditions;
means of distance communication: a means which may be used for the conclusion of a contract without the buyer and EUGARDENCENTER.COM having to be simultaneously located in the same place;
Article 2 - Identity of the economic operator
The private limited liability company EU.GARDENCENTER.COM
acting under the name/names: EU.GARDENCENTER.COM wholesaler
Telephone number Netherlands: +31 203417308
E-mail: [email protected]
The private limited liability company EU.GARDENCENTER.COM
acting under the name/names: EU.GARDENCENTER.COM wholesaler
Location & visiting address:
Watervoort 18 in Amsterdam
Telephone number Netherlands: +31 203417308
E-mail: [email protected]
Chamber of Commerce number 61658960.
Article 3 - Applicability
These general terms and conditions shall apply to any offer made by EUGARDENCENTER.COM and to any distance contract concluded between EUGARDENCENTER.COM and the purchaser. Before the remote agreement is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, EUGARDENCENTER.COM will, prior to the conclusion of the agreement at a distance, indicate the manner in which the general terms and conditions can be inspected at EUGARDENCENTER.COM and that they will be sent free of charge as soon as possible at the request of the Purchaser.
If the agreement at a distance is concluded electronically, then, contrary to the previous paragraph and before the agreement at a distance is concluded, the text of these general terms and conditions shall be made available to the customer electronically in such a way that the customer can easily store them on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be taken note of and that they will be sent electronically or otherwise free of charge at the customer's request. These general terms and conditions have been filed with
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer. If EUGARDENCENTER.COM makes use of images, these shall be a faithful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer shall not bind EUGARDENCENTER.COM. Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the customer of the offer and compliance with the conditions laid down in that offer. If the customer has accepted the offer electronically, EUGARDENCENTER.COM shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by EUGARDENCENTER.COM, the purchaser may dissolve the agreement. If the agreement is concluded electronically, EUGARDENCENTER.COM shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. When paying electronically, EUGARDENCENTER.COM shall observe appropriate security measures for this purpose. EUGARDENCENTER.COM may, within the limits of the law - inform itself as to whether the customer is able to meet its payment obligations, as well as of all facts and factors relevant to the responsible conclusion of the distance contract. If EUGARDENCENTER.COM, on the basis of this investigation, has good grounds for not entering into the agreement, it shall be entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance. EUGARDENCENTER.COM shall, at the latest upon delivery of the product or service to the purchaser, enclose the following information, in writing or in such a way that it can be stored by the purchaser in an accessible manner on a durable data carrier:
a. the visiting address of the establishment of EUGARDENCENTER.COM to which the purchaser can address any complaints;
b. the conditions under which and the manner in which the Purchaser may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the price including all taxes of the product or service; insofar as applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
Article 6 - Right of withdrawal
This provision does not apply to legal persons or to the buyer/ natural person acting in the course of a business or profession. Legal or natural persons acting in the course of a trade or profession shall not be entitled to a right of withdrawal.
The natural person who is not acting in the exercise of a business or profession (in the provisions 6,7,8,9 and 10 further to be called: consumer), can terminate an agreement regarding the purchase of a product during a reflection period of 15 days without giving reasons. EUGARDENCENTER.COM may ask the consumer for the reason for withdrawal, but shall not oblige the consumer to state his reason(s).
The cooling-off period referred to in paragraph 1 shall commence on the day after the consumer, or a third party other than the carrier and previously designated by the consumer, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. EUGARDENCENTER.COM may, provided that he has clearly informed the consumer of this prior to the ordering process, refuse an order for several products with a different delivery time.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
c. in case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
Extended cooling-off period for products and services in the event of failure to inform about the right of withdrawal:
If the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer has received that information.
Article 7 - Obligations of the consumer during the reflection period
During the reflection period, the consumer will handle the product and 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. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer shall only be liable for any reduction in the value of the product resulting from a handling of the product which goes beyond what is permitted in paragraph 1.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer makes use of his right of withdrawal, he reports this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to the entrepreneur.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) EUGARDENCENTER.COM. This does not have to be done if EUGARDENCENTER.COM has offered to collect the product itself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by EUGARDENCENTER.COM The risk and burden of proof for the correct and timely exercise of the right of withdrawal shall lie with the consumer. The consumer shall bear the direct costs of returning the product. If EUGARDENCENTER.COM has not indicated that the consumer has to bear these costs or if the trader indicates that he will bear the costs himself, the consumer does not have to bear the costs of returning the product.
Article 9 - Obligations of EUGARDENCENTER.COM in the event of withdrawal
If EUGARDENCENTER.COM allows the notification of withdrawal by the consumer to be made by electronic means, the consumer shall send an acknowledgement of receipt without undue delay upon receipt of the notification. EUGARDENCENTER.COM shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless EUGARDENCENTER.COM offers to collect the product himself, he may wait until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
Article 10 - Exclusion of the right of withdrawal
EUGARDENCENTER.COM may exclude the following products and services from the right of withdrawal if EUGARDENCENTER.COM has clearly stated this in the offer, at least in good time prior to the conclusion of the contract:
Products or services whose price is subject to fluctuations on the financial market that are beyond the Entrepreneur's control and which may occur within the withdrawal period Contracts concluded during a public auction. A public auction is a sales method in which products, digital content and / or services are offered by the operator to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and / or services;
Service agreements, after full execution of the service, but only if:
a. the execution has started with the explicit prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the contract;
products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products which are not suitable for return for reasons of health protection or hygiene and the seal of which has been broken after delivery; products which, by their nature, have been irrevocably mixed with other products after delivery;
Sealed audio, video recordings and computer software of which the seal has been broken after delivery;
Newspapers, magazines or periodicals, with the exception of subscriptions to these;
Article 11 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, EUGARDENCENTER.COM may offer products or services whose prices are subject to fluctuations in the financial market and on which EUGARDENCENTER.COM has no influence, at variable prices. The offer shall indicate this fluctuation and the fact that any prices quoted are target prices. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if EUGARDENCENTER.COM has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the customer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
Article 12 - Delivery and execution
EUGARDENCENTER.COM guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability.
EUGARDENCENTER.COM shall exercise the greatest possible care in the execution of orders for products and in the assessment of applications for the provision of services. All statements by EUGARDENCENTER.COM of numbers, measures, weights and/or other indications have been made with care. EUGARDENCENTER.COM cannot guarantee that there will be no deviations in this respect. Errors, such as calculation, writing or typing errors in offers, prospectuses, publications, order confirmations, invoices and other documents originating from EUGARDENCENTER.COM shall not bind EUGARDENCENTER.COM. The place of delivery shall be the address given by the purchaser to EUGARDENCENTER.COM.
With due observance of what is stated in article 4 of these general terms and conditions, EUGARDENCENTER.COM shall execute accepted orders expeditiously, but at the latest within 30 days, unless another party is affected, or if an order cannot be executed or can only be executed in part, the client shall receive notification of this within 30 days of placing the order.
The risk of damage and/or loss of products rests with EUGARDENCENTER.COM until the moment of delivery to the client or a representative appointed in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 13 - Prohibition of large-scale, illegal and professional hemp cultivation.
The Purchaser shall not make available, deliver, prepare, process, offer for sale, sell, supply, transport, manufacture or possess the products or services to be supplied by EUGARDENCENTER.COM, if it knows or has serious reason to suspect that they are intended to commit any of the offences referred to in Article 11(3) and (5), namely for the purposes of professional or business cultivation or large-scale, illegal or professional hemp cultivation as referred to in Article 11(5). 11 paragraph 3 and paragraph 5 of the Opium Act, or Article 1 paragraph 2 of the Opium Act Decree.
The Buyer is aware that the supply of products and services supplied by EUGARDENCENTER.COM to a buyer who is guilty of the illegal, professional, large-scale cultivation and/or organised hemp cultivation referred to above, or the facilitation thereof, in view of EUGARDENCENTER.COM's statutory duty of investigation, may give rise to suspicion on the part of EUGARDENCENTER.COM of committing an offence within the meaning of Article 11a in conjunction with Article 11(3) and (5) of the Opium Act.
Within the framework of this duty of investigation, when placing an order with EUGARDENCENTER.COM, the purchaser shall declare that the products ordered by him are not intended to be used, made available, delivered, prepared, processed, offered for sale, sold, provided or transported for or in relation to large-scale, illegal or professional hemp cultivation. EUGARDENCENTER.COM shall have the power to make the supply of products subject to conditions which ensure, as far as possible, that the products will not be used in large-scale, illegal or professional hemp cultivation.
If the buyer applies the products or services to be ordered from EUGARDENCENTER.COM in violation of this provision of Art. 13 and Opium legislation in - or for the benefit of - large-scale, illegal or professional hemp cultivation, he shall be liable for any damage that EUGARDENCENTER.COM may suffer as a result of any criminal investigation and/or criminal prosecution, as well as any administrative enforcement of administrative coercion that may be claimed against EUGARDENCENTER.COM.
Damage shall be understood to mean all direct or indirect damage, material and immaterial damage, trading loss, consequential damage and other damage that EUGARDENCENTER.COM will suffer as a result of any criminal investigation and/or criminal prosecution and/or administrative enforcement. Such damage shall also include, but not be limited to, loss of profit, costs of legal assistance and other advice, damage to reputation, loss of property, material and immaterial damage, etc.
Article 14 - Payment
Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the customer 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.
If advance payment has been stipulated, the customer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made. The customer shall be obliged to report any inaccuracies in the payment details provided or stated to EUGARDENCENTER.COM without delay.
In the event that the Purchaser fails to meet its payment obligation(s) on time, the latter shall be liable to pay statutory interest on the amount still due, after EUGARDENCENTER.COM has drawn the Purchaser's attention to the late payment and EUGARDENCENTER.COM has granted the Purchaser a period of 14 days to still meet its payment obligations, after the failure to pay within this 14-day period, and EUGARDENCENTER.COM shall be entitled to charge any extrajudicial collection costs it has incurred. These collection costs shall amount to a maximum of: 15% on outstanding amounts up to € 2.500,=; 10% on the following € 2.500,= and 5% on the following € 5.000,= with a minimum of € 40,=.
Article 15 - Retention of title and default/dissolution
The ownership of the products shall, notwithstanding the actual delivery, only pass to the customer if all that is or will be due under or pursuant to the agreement with EUGARDENCENTER.COM has been paid in full, including the purchase price, any surcharges, interest, taxes, costs and damages due pursuant to these conditions or the agreement. Before ownership of the product has not passed to the buyer, the buyer shall not be entitled to alienate, rent out or give into use, pledge or otherwise encumber the product.
If the Purchaser fails to fulfil any obligation arising for it from any agreement or these terms and conditions, or fails to do so properly or on time, the Purchaser shall be in default without notice of default being required and EUGARDENCENTER.COM shall be entitled to do so:
- suspend the execution of this agreement and any related agreements until payment has been adequately secured;
- dissolve this agreement and any related agreements in whole or in part, without EUGARDENCENTER.COM being obliged to pay any compensation and without prejudice to all other rights to which it is entitled.
In the aforementioned cases, all claims of EUGARDENCENTER.COM shall be immediately due and payable in full, and the Purchaser shall be obliged to immediately return products of which EUGARDENCENTER.COM is the owner.
Article 16 - Force majeure
If EUGARDENCENTER.COM is unable to fulfil its obligations towards the purchaser due to a non-attributable shortcoming (force majeure), the obligations shall be suspended for the duration of the force majeure situation.
If any force majeure situation has lasted two months, both parties shall be entitled to dissolve the agreement in whole or in part in writing.
In the event of force majeure on the part of EUGARDENCENTER.COM, the Purchaser shall not be entitled to any (damages) compensation. Neither shall EUGARDENCENTER.COM be entitled to any benefit as a result of the force majeure.
Force majeure shall be understood to mean any circumstance beyond the control of EUGARDENCENTER.COM as a result of which the fulfilment of its obligations vis-à-vis the Purchaser is prevented or as a result of which the fulfilment of its obligations cannot reasonably be demanded of it, irrespective of whether this circumstance could have been foreseen at the time the agreement was concluded. These circumstances also include: strike, exclusion, fire, stagnation or other problems and/or measures taken by any governmental authority as well as the absence of any governmental permit to be obtained.
Article 17 - Damage
Except in the event of intent or gross negligence on the part of EUGARDENCENTER.COM or its managers, or liability arising from Title 3, Section 3, Book 6 of the Dutch Civil Code, EUGARDENCENTER.COM shall never be liable for any damage suffered by the client or third party, including consequential damage, immaterial damage to business or the environment.
Except in the event of intent or gross negligence on the part of EUGARDENCENTER.COM or its managers or liability arising from Title 3 section 3 book 6 of the Dutch Civil Code, the purchaser shall indemnify EUGARDENCENTER.COM against all claims from third parties directly or indirectly related to (the use of) a product and shall compensate EUGARDENCENTER.COM for all damage, including (legal) consultancy fees, incurred by EUGARDENCENTER.COM as a result of such claims.
Article 18 - Choice of law and competent court
Agreements between EUGARDENCENTER.COM and the client to which these general terms and conditions relate shall be governed exclusively by Dutch law. The applicability of the Vienna Sales Convention 1980 (CISG) is excluded.
Disputes between the purchaser and EUGARDENCENTER.COM concerning the conclusion or execution of agreements with respect to products and services to be supplied or to be supplied by EUGARDENCENTER.COM shall be submitted to the District Court in Amsterdam, unless rules of mandatory law dictate that another Dutch District Court has exclusive jurisdiction.