Terms & Conditions
TERMS & CONDITIONS
Index:
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Customers’ obligations
in case of withdrawal
Article 8 - Customers who exercise
their right of withdrawal and the costs involved
Article 9 - Traders’ obligations in
case of withdrawal
Article 10 - Precluding the right of
withdrawal
Article 11 - The price
Article 12 - Contract fulfilment and extra
guarantee
Article 13 - Delivery and implementation
Article 14 - Payment
Article 15 - Complaints procedure
Article 16 - Disputes
Article 17 - Additional or different
stipulations
Article 1 - Definitions
The following definitions apply in these terms
and conditions:
1. Supplementary
agreement: an agreement in which a consumer obtains products, digital content
and/or services via a distance contract, and a trader or a third party delivers
these products, digital content and/or services in accordance with an agreement
between that third party and the trader;
2. Withdrawal
period: the period within which a consumer can make use of his right of
withdrawal;
3. Consumer:
a natural person whose actions are not carried out for objectives relating to
the course of a trade, a profession or a business;
4. Day:
calendar day;
5. Digital
content: data that are produced and supplied in digital form;
6. Extended
duration transaction: a distance contract relating to a series of products
and/or services, whereby the obligation to supply and/or purchase is spread
over a period of time;
7. Durable
medium: every means - including emails - that enables a consumer or trader to
store information that is addressed to him in person in a way that facilitates
its future use or consultation during a period that is in keeping with the
objective for which the information is intended, and which facilitates the
unaltered reproduction of the stored information;
8. Right
of withdrawal: the possibility for a consumer to waive a distance contract
within the withdrawal period;
9. Trader:
a natural or legal person who offers products, (access to) digital content
and/or services to consumers from a distance;
10. Distance
contract: a contract concluded between a trader and a consumer within the
framework of system organized for the distance sale of products, digital
content and/or services, whereby sole or partly use is made of one or more
techniques for distance communication up to and including the moment that the
contract is concluded;
11. Model
form for right of withdrawal: the European model form for right of withdrawal
that is included in Appendix I of these terms and conditions. The trader is not
obliged to provide Appendix I if the consumer has no right of withdrawal with
regard to his order;
12. Technique
for distance communication: means that can be used for communication regarding
the offer made by the trader and concluding a contract, without the necessity
of the consumer and trader being in the same place at the same time.
Article 2 - Identity of the trader
Lily Company B.V. operating under name of
Letsgrowme.com
Registered address: Gerrit de Vriesweg 12 1619PG
Andijk, The Netherlands.
Telephone number: +31 651519844 (available from Monday to Friday from 9 a.m. to
5 p.m. | GMT +1)
Email address: info@letsgrowme.com
Chamber of Commerce number: 59003693
VAT identification number: NL853275531B01
All our business activities are controlled
by the NVWA.
NVWA (Dutch Food and Consumer Product Safety Authority) URL: www.nvwa.nl
The BKD has been appointed by the NVWA as the executive body for the
phytosanitary control of our products.
BKD (Flower Bulb Inspection Service) E-mail: info@bkd.eu, PO Box 300, 2160AH
Lisse, The Netherlands.
Article 3 - Applicability
1. These
general terms and conditions apply to every offer made by a trader and to every
distance contract that has been realized between an trader and a consumer.
2. Prior
to the conclusion of a distance contract, the text of these general terms and
conditions will be made available to the consumer. If this is not reasonably
possible, the trader will indicate, before the distance contract is concluded,
in what way the general terms and conditions are available for inspection at
the trader’s premises and that they will be sent free of charge to the
consumer, as quickly as possible, at the consumer’s request.
3. If
the distance contract is concluded electronically, then, contrary to the
previous paragraph, and before the distance contract is concluded, the consumer
will be provided with the text of these general terms and conditions
electronically, in such a way that the consumer can easily store them on a
durable data carrier. If this is not reasonably possible, then before
concluding the distance contract, the trader will indicate where the general
terms and conditions can be inspected electronically and that at his request
they will be sent to the consumer free of charge, either electronically or in
some other way.
4. In
cases where specific product or service-related terms and conditions apply in
addition to these general terms and conditions, the second and third paragraphs
apply by analogy and the consumer can always invoke the applicable condition
that is most favorable to him in the event of incompatible general terms and
conditions.
Article 4 - The offer
1. If
an offer is subject to a limited period of validity or is made subject to
conditions, this will be explicitly mentioned in the offer.
2. The
offer contains a complete and accurate description of the products, digital
content and/or services being offered. The description is sufficiently detailed
to enable the consumer to make a proper assessment of the offer. If the trader
makes use of illustrations, these will be a true representation of the products
and/or services being offered. The trader is not bound by obvious errors or
mistakes in the offer.
3. Every
offer contains information that makes it clear to the consumer what rights and
obligations are related to the acceptance of the offer.
Article 5 - The contract
1. The
contract will be concluded, subject to that which is stipulated in paragraph 4,
at the moment at which the consumer accepts the offer and the conditions
thereby stipulated have been fulfilled.
2. If
the consumer has accepted the offer electronically, the trader will immediately
confirm receipt of acceptance of the offer electronically. The consumer can
dissolve the contract as long as this acceptance has not been confirmed by the
trader.
3. If
the contract is concluded electronically, the trader will take suitable
technical and organizational measures to secure the electronic transfer of data
and he will ensure a safe web environment. If the consumer is able to pay
electronically, the trader will take suitable security measures.
4. The
trader may obtain information – within statutory frameworks – about the
consumer’s ability to fulfill his payment obligations, as well as about facts
and factors that are important for the responsible conclusion of the distance
contract. If that research gives the trader proper grounds for declining to
conclude the contract, then he has a right, supported by reasons, to reject an
order or application or to bind its implementation to special conditions.
5. The
trader will send to a consumer, at the latest when delivering a product,
service or digital content, the following information, in writing, or in such a
way that the consumer can store it on an accessible durable medium:
a. the
office address of the trader’s business location where the consumer can lodge
complaints;
b. the
conditions under which the consumer can make use of the right of withdrawal and
the method for doing so, or a clear statement relating to preclusion from the
right of withdrawal;
c. information
on guarantees and existing after-sales service;
d. the
price, including all taxes on the product, service or digital content; the
costs of delivery insofar as applicable, and the method of payment, delivery or
implementing the distance contract;
e. the
requirements for terminating the contract, if the duration of the contract
exceeds one year or if it is indefinite;
f. if
the consumer has a right of withdrawal, the model form for right of withdrawal.
6. In
case of an extended duration contract, the stipulation in the previous
paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
Upon delivery of products
1. When
purchasing products, a consumer has the right to dissolve a contract, without
giving reasons, during a period of at least 14 days. The trader is allowed to
ask a consumer for the reason of this dissolution, but the consumer is under no
obligation to state his/her reason(s).
2. The
period stipulated in para. 1 commences on the day after the product was
received by the consumer, or a third party designated by the consumer, who is
not the transporting party, or:
a. if
the consumer has ordered several products: the day on which the consumer, or a
third party
designated by the consumer, received the last
product. The trader may refuse a single order for several products with
different delivery dates, provided he clearly informed the consumer of this
prior to the ordering process.
b. if
the delivery of a product involves different deliveries or parts: the day on
which the consumer, or a third party designated by the consumer, received the
last delivery or the last part;
c. with
contracts for the regular delivery of products during a given period: the day
on which the consumer, or a third party designated by the consumer, received
the last product.
Article 7 - Consumers’ obligations during the withdrawal period
1. During
the withdrawal period, the consumer shall treat the product and its packaging
with care. He shall only unpack or use the product in as far as necessary in
order to assess the nature, characteristics and efficacy of the product. The
point of departure here is that the consumer may only handle and inspect the
product in the same way that he would be allowed in a shop.
2. The
consumer is only liable for the product’s devaluation that is a consequence of
his handling the product other than as permitted in para. 1.
3. The
consumer is not liable for the product’s devaluation if the trader did not
provide him with all the statutorily obligatory information about the right of
withdrawal before the contract was concluded.
Article 8 - Consumers who exercise their right
of withdrawal and the costs involved
1. A
consumer who wants to exercise his right of withdrawal shall report this to the
trader, within the withdrawal period, by means of the model form for right of
withdrawal or in some other unequivocal way.
2. As
quickly as possible, but no later than 14 days after the day of reporting as
referred to in para. 1, the consumer shall return the product, or hand it over
to (a representative of) the trader. This is not necessary if the trader has
offered to collect the product himself. The consumer will in any case have
complied with the time for returning goods if he sends the product back before
the withdrawal period has lapsed.
3. The
consumer returns the product with all relevant accessories, if reasonably
possible in the original state and packaging, and in accordance with the
reasonable and clear instructions provided by the trader.
4. The
risk and the burden of proof for exercising the right of withdrawal correctly and
in time rest upon the consumer.
5. The
consumer bears the direct costs of returning the product. If the trader has not
declared that the consumer shall bear these costs or if the trader indicates a
willingness to bear these costs himself, then the consumer shall not be liable
to bear the costs of returning goods.
Article 9 - Traders’ obligations in a case of
withdrawal
1. If
the trader makes it possible for a consumer to declare his withdrawal via
electronic means, then after receiving such a declaration, he sends immediate
confirmation of receipt.
2. The
trader reimburses the consumer immediately with all payments, including any
delivery costs the trader charged for the returned product, though at the
latest within 14 days after the day on which the consumer reported the
withdrawal. Except in cases in which the trader has offered to retrieve the
product himself, he can postpone refunding until he has received the product or
until the consumer proves he has returned the product, depending on which
occurs earlier.
3. For
any reimbursement, the trader will use the same payment method that was
initially used by the consumer, unless the consumer agrees to another method.
Reimbursement is free of charge for the consumer.
4. If
the consumer chose an expensive method of delivery in preference to the
cheapest standard delivery, the trader does not have to refund the additional
costs of the more expensive method.
Article 10 - Precluding the right of withdrawal
The trader can preclude the right of withdrawal
for the following products and services, but only if the trader stated this
clearly when making the offer, or at least in good time prior to conclusion of
the contract:
1. Products
subject to rapid decay or with a limited shelf-life;
Article 11 - The price
1. During
the period of validity indicated in the offer, the prices of the products
and/or services being offered will not be increased, except for price changes
in VAT-tariffs.
2. Prices
stated in offers of products or services include VAT.
Article 12 - Contract fulfilment and extra
guarantee
1. The
trader guarantees that the products and/or services fulfill the contract, the
specifications stated in the offer, the reasonable requirements of reliability
and/or serviceability and the statutory stipulations and/or government
regulations that existed on the date that the contract was concluded. If agreed
the trader also guarantees that the product is suited for other than normal
designation.
2. An
extra guarantee arrangement offered by the trader, manufacturer or importer can
never affect the statutory rights and claims that a consumer can enforce
against the trader on the grounds of the contract if the trader failed to
fulfil his part in the contract.
3. An
extra guarantee is defined as every commitment of a trader, his supplier,
importer or manufacturer that grants a consumer rights or claims, in excess of
those provided by law, for the event that he fails to fulfil his part in the
contract.
Article 13 - Supply and implementation
1. The
trader will take the greatest possible care when receiving and implementing
orders for products and when assessing applications for the provision of
services.
2. The
place of delivery is deemed to be the address that the consumer makes known to
the company.
3. Taking
into consideration that which is stated in article 4 of these general terms and
conditions, the company will implement accepted orders with efficient
expedition, though at the latest within 30 days, unless a different period of
delivery has been agreed. If delivery suffers a delay, or if the delivery
cannot be implemented, or only partially, the consumer will be informed about
this at the latest 30 days after the order was placed. In this case, the
consumer has a right to dissolve the contract free of charge and a right to
possible damages.
4. Following
dissolution in accordance with the previous paragraph, the trader refunds the
consumer immediately the sum he had paid.
5. The
risk of damage and/or loss of products rests upon the trader up to the moment
of delivery to the consumer or a representative previous designated by
the consumer and announced to the trader, unless this has explicitly been
agreed otherwise.
Article 14 - Payment
1. Letsgrowme.com
will issue an invoice to the customer for the items ordered, which will be
provided upon delivery of the items or sent by email, unless the relevant
information has already been included in the confirmation email.
2. The
customer waives the right to an invoice on paper. Letsgrowme.com delivers against
prepayment by IDEAL or credit card.
3. Advance
payments or credit card debit orders are taken into account when drawing up the
invoice.
4. Your
credit card account will be debited after the order has been completed.
5. For
details regarding the collection and use of your data, please see the privacy
statement on the website www.letsgrowme.com/privacy.
6. The
prices on the invoice are always consumer prices including VAT. VAT is stated
separately for entrepreneurs.
Article 15 - Complaints procedure
1. The
trader provides for a complaints procedure, that has been given sufficient
publicity, and will deal with a complaint in accordance with this complaints
procedure.
2. A
consumer who has discovered shortcomings in the implementation of a contract
must submit any complaints to the trader without delay, in full and with clear
descriptions.
3. A
reply to complaints submitted to the trader will be provided within a period of
14 days, calculated from the date of receipt. If it is anticipated that a
complaint will require a longer processing time, then the trader will reply
within 14 days, confirming receipt and indicating when the consumer can expect
a more elaborate reply.
4. The
consumer should give the trader a time period of at least 4 weeks to solve the
complaint in joint consultation. After this period of time, the complaint
becomes a dispute that is subject to the disputes settlement scheme.
Article 16 - Disputes
1. Contracts
entered into between a trader and a consumer and which are subject to these
general terms and conditions are subject only to Dutch law.
Article 17 - Additional or different
stipulations
Additional stipulations or stipulations that
differ from these general terms and conditions, may not be detrimental to the
consumer and should be recorded in writing, or in such a way that consumers can
store them in a readily accessible manner on a durable medium.
Appendix I: Model form for right of withdrawal
Model form for right of withdrawal
(this form should only be completed and returned
if you want to withdraw from the contract)
- To: [trader’s name]
[trader’s geographic address]
[trader’s fax number, if available]
[trader’s e-mail address or electronic address]
- I/we*
herewith inform you that, in respect of our contract regarding
The sale of the following products: [description
of the product}*
The delivery of the following digital content:
[description of the digital content]*
The supply of the following service: [description
of the service]*
I/we* exercise our right of withdrawal.
- Ordered
on*/received on* [date of ordering services or receiving goods]
- [Consumer(s)’
name]
- [Consumer(s)’
address]
- [Consumer(s)’
signature] (only if this form is submitted on paper)
- [Date]
*Delete or provide supplementary information, as
applicable.