General conditions Nelumbo Garden / H&H Stylisten

Contents :
Article 1 - Definitions
Article 2 – Trader Identity
Article 3 - Applicability
Article 4 - Offer and Agreement
Article 5 - Right of Withdrawal
Article 6 - Costs in case of withdrawal
Article 7 - Excluded Right of Withdrawal for Living Products
Article 8 - Price
Article 9 - Compliance and Warranty
Article 10 - Delivery and Execution
Article 11 - Payment
Article 12 - Complaints
Article 13 - Disputes
Article 14 - Additional or different terms

Article 1 - Definitions
The following defenitions will apply throughout this document:
1. Client : A customer or company using Nelumbo Garden/ H&H Stylisten offers and/or services and in doing so, entering into an agreement with Nelumbo Garden/ H&H Stylisten.
2. Day: Calendar day
3. Trader: Nelumbo Garden/ H&H Stylisten
4. Distant agreement : An agreement wherein the trader and the client exclusively make use of distant communication manners up until finalizing the agreement, through one of the trader’s systems for distant sales of our products or services.
5 . In writing: By email

Article 2 – Trader Identity
Nelumbo Garden / H&H Stylisten
Oudesteeg 5a
4053 HV IJZENDOORN / THE NETHERLANDS
Phone : 00 31 ( 0 ) 344 64 30 82 
Email: bert@hazelegerstyling.nl
Chamber of Commerce Number : 51188287
VAT Identification Number : NL001914840B18

Article 3 - Applicability
1. These general conditions apply to every of the trader’s offers and any finalized distant agreement between the trader and client.
2. Before a distant agreement is finalized, these general conditions will be provided to the client. If this for any reason should not be possible, it will be indicated before finalizing the agreement that the general conditions are available at the trader’s office. At the client’s request, the trader will send the client these conditions by mail free of charge.
3. If the distant agreement is finalized electronically, by way of derogation of the previous paragraph the terms and conditions will be provided electronically prior to finalization, in ways it can be easily distort to a data carrier. If this for any reason should not be possible, it will be indicated before finalizing the agreement that the general conditions are electronically available. At the client’s request, the trader will send the client these conditions electronicaly free of charge.
4. By placing an order or finalizing an agreement the client accepts these terms and conditions.
5 . If one or more provisions of these general conditions at any time will be made invalid or be destroyed partially or as a whole, the other provisions shall remain fully applicable.
6. If the trader does not desire strict compliance with these conditions , it does not mean that its provisions do not apply, or that the trader would lose in any degree the right to desire strict compliance with the conditions in other cases.

Article 4 - Offer and Agreement
1. If an offer is for limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the offered products and/or services. This description is sufficiently detailed to allow a proper assessment by the customer. If the trader uses images, they will be a faithful representation of the offered products and/or services . Apparent mistakes or accidental errors in the offer do not bind the trader. System errors or technical malfunction can not be attributed to the trader . To prevent such occasions, the trader takes all the appropriate technical and organizational measures.
3. An agreement, with reservation of the provisions established in paragraph 5, is finalized upon the client’s acceptance and fulfilment of the corresponding conditions. The trader will confirm the client’s acceptance and order as soon as possible in an email. This confirmation can also be done by telephone.
4. The trader is allowed within legal boundaries to examine whether the client can meet the payment obligations, as well as all facts and factors relevant for a responsible conclusion of the agreement. If the trader has justified reasons not to pursue the agreement, he can pass on the order with the proper motivation, or impose additional conditions on the agreement.
5 . An offer is disposed when the related product is no longer available.

Article 5 - Right of Withdrawal
1. When purchasing non-living products, the client has the option to cancel the agreement without giving any reason, within seven days. This period starts on the day of reception of the product by the client or beneficiary.
2. During this period, the client will treat the product and packaging with care. He will unpack the product only to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and in original condition and packaging to the trader, in accordance with the instructions provided by the trader.

Article 6 - Costs in Case of Withdrawal
1. If the client exercises his right of withdrawal, the cost of return shipping will be on his account.
2. Payments for the product made by the client will be refunded by the trader at the latest within 30 days after reception of the returned product.

Article 7 - Excluded Right of Withdrawal for Living Products
1. Living products such as Plants, water plants, Bonsai, garden trees, ornamental grasses, seeds, tubers and bulbs, and gift items including Plants, water plants, Bonsai, garden trees, ornamental grasses, seeds, tubers and bulbs, are excluded from the right of withdrawal. Given the nature of such products, the client does not have the opportunity to cancel the order without giving reasons. Therefore, the client cannot return or expect refunds for living products.
Article 8 - Price
1. For the duration mentioned in the offer, the prices of products and/or services will not be raised, except for price changes due to changes in VAT rates.
2. Notwithstanding the preceding paragraph, the trader can offer products or services at variable prices, when these prices are subject to fluctuations in the financial market over which the trader has no influence. The possibility of fluctuations and the fact that prices can be target prices, are stated in the offer.
3. Increase of price within 3 months after finalizing the agreement are only allowed if they are the result of statutory regulations or legislation.
4. Increase of price after 3 months after finalizing the agreement are only allowed if negotiated by the trader and:
a. these are a result of statutory regulations or legislation; or
b. the client is allowed to cancel the agreement as of the date the increase of price takes effect.
5 . The prices indicated in the agreement of products and/or services are in Euros including VAT. Shipping is not included in the price.

Article 9 - Compliance and Warranty
1. The trader guarantees that the products and/or services comply with the agreement and the specifications listed in the offer.
2. The trader is responsible for the authenticity of species of the delivered products, in accordance with the description in the offer.
3. Images, examples and descriptions are for indication purposes and do not bind the trader. Because these concern natural products, colors , sizes and shapes of delivered products may differ slightly from the images shown on the website. Seasonality can cause similar differences. This does not give the client the right to cancel the order.
4. When the client wishes to apply the warranty regulation, the trader and client will in mutual consultation look for a suitable solution.
5 . The trader has the right to assess the warranty application and should be facilitated to do so.
6. For a just warranty application, it is the client’s responsibility to have taken due care of the product. Including, among other things, to follow the care instructions, fight pests and plant diseases, and ensure the correct placing in regard to surface and sunlight.
7. Damage caused by dehydration, frost or extreme weather conditions is not covered by the warranty.

Article 10 - Delivery and Execution
1. The trader will take the greatest possible care in receiving and implementing orders for products and in assessing applications for services.
2. The place of delivery is the address the client has made available to the trader.
3. Nelumbo Garden / Hazeleger Stylists strives to deliver products within 7 days after the finalization of the agreement, unless a longer delivery period is agreed upon. If delivery is delayed, or if an order cannot or only partially be implemented, the trader will contact the client as soon as possible. However, exceeding the delivery time does not give the client the right to cancel the agreement, unless the delivery time exceeds 30 days.
4. In case of dissolution in accordance with the preceding paragraph, the trader will refund payments made by the client as soon as possible, within a maximum of 30 days after dissolution.
5 . If the delivery of an ordered product proves impossible, the trader will try hard to make a replacement item available. At the latest at delivery, it will be made understandably clear that a replacement item is delivered.
6. The delivery service Nelumbo Garden/ H&H Stylists uses, will offer the order at the delivery address up to 2 times. After this term, the order is considered to be delivered. For larger-sized or heavy orders, different rules apply, of which the client wil be informed in advance.
7. The client agrees that the order, if possible, will be delivered to neighbors if it is not possible to deliver at the provided address at that moment.
8. When an order is returned because the client, for example, is traveling or has moved, it does not entitle them to a new delivery to another address or to dissolve the agreement. Nelumbo Garden/ H&H Stylists is not responsible for any incorrect address provided by the client . The client must ensure that the address details are correct.
9. Cases of shipping damage must be reported to the trader in writing within 48 hours of delivery.

Article 11 - Payment
1. The client has the duty to immediately report inaccuracies in payment notifications to the trader.
2. In case of non-payment by the client, the trader has the right to charge the client reasonable expenses within legal boundaries, of which the client wil be notified in advance. are made available to the client in advance.
3. The client can pay through one of the payment methods offered during the ordering process.

Article 12 - Complaints
1. Complaints about the agreement’s execution must be submitted to the trader within 48 hours after delivery, complete and clear, in writing.
2. Submitted complaints will be answered by the trader within 14 days, counting from the date of reception. If it is clear by the nature of the complaint that the trader needs more processing time, he will reply within 14 days with a confirmation and indication when the client can expect a more detailed answer.
3. Agreements between the trader and client to which these general conditions apply, are subjected solely to Dutch law.

Article 13 - Ownership
1. All delivered products remain the trader’s property until fully paid for by the client.
2. All intellectual property rights of information, communications and other expressions concerning the products and the website belong to the trador or its suppliers.
Article 14 - Additional or different terms
Additional terms or terms that differ from these general conditions, may not be in disadvantage of the client and will be recorded in writing or in such a way that they can be stored by the client on a data carrier.