Nijssenbulbs.com
General Terms and Conditions Nijssen Bulbs
Article 1 - Definitions
In these terms and conditions the following definitions apply:
Nijssen Bulbs: the company referred to in Article 2, or its legal successor;
Consumer: the natural person who is not acting in the course of a profession or business and enters into an agreement with Nijssen Bulbs for the delivery of bulbs, crops, seeds or other garden articles;
Other Party: a Consumer, or a natural person or legal entity acting in the exercise of a profession or business, who enters into an agreement with Nijssen Bulbs regarding the delivery of bulbs, crops, seeds or other garden articles
Distance Contract: an agreement whereby, within the framework of a system organized by Nijssen Bulbs for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same area at the same time;
Grace period: The period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
Day: calendar day.
Article 2 - Identity of the entrepreneur
Nijssen Tuin & Bulbs Heemstede
Sportparklaan 25A
2103 VR Heemstede
Netherlands
Postal address: Postbus 653,NL_2100 AR Heemstede
Phone number: +31(0) 23 - 547 1056
E-mail address: info@nijssenbulbs.nl
Trade register number: 83277366
Article 3 - Applicability
These general terms and conditions apply to every offer made by Nijssen Bulbs and to every agreement concluded between Nijssen Bulbs and the other party.
The applicability of the general terms and conditions used by the other party is hereby expressly excluded. By the mere fact of entering into an agreement, the other party waives the applicability of any general terms and conditions that may exist on his part, so that only these terms and conditions apply to all agreements.
Deviations from these General Terms and Conditions shall only be binding on Nijssen Bulbs if and to the extent that they have been confirmed in writing by Nijssen Bulbs.
If the General Terms and Conditions and an agreement contain mutually contradictory clauses, the agreement shall prevail.
Article 4 - The Offer
The presentation of our products on the website is a nonbinding invitation to the opposite party to order products from Nijssen Bulbs. Apparent mistakes or errors in the presentation of the products are not binding on Nijssen Bulbs.
By sending the order the Other Party makes a binding offer to conclude a purchase agreement. This offer is accepted by Nijssen Bulbs upon delivery of the products ordered. Nijssen Bulbs is free to accept an order or not. If Nijssen Bulbs does not carry out an order, you will be informed immediately.
Reorders are considered to be new orders.
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 2, at the moment the other party accepts the offer.
Nijssen Bulbs can - within the limits of the law - inform itself whether the counterparty can meet its payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the agreement. If Nijssen Bulbs has good reason, on the basis of this investigation, not to enter into the agreement, it shall be entitled to refuse an order or application or to attach special conditions to its performance.
Article 6 - Right of Withdrawal in the Supply of Products to Consumers
When purchasing products, the consumer has the option of dissolving the remote agreement without giving reasons during a period of fourteen days. This period commences on the day following receipt of the product by or on behalf of the consumer.
During this period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product to Nijssen Bulbs with all the accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by Nijssen Bulbs.
The consumer can exercise his right of withdrawal by informing Nijssen Bulbs, by means of an unequivocal statement (e.g. a letter, fax or e-mail sent by post), of his decision to withdraw from the agreement with Nijssen Bulbs. The Consumer can use the model withdrawal form attached at the bottom of the page for this purpose, but this is not obligatory.
The notice of the exercise of the right of withdrawal suffices to comply with the withdrawal period.
Article 7 - Effects of withdrawal
If the consumer exercises his right of withdrawal, he shall bear the costs of returning the goods, which are estimated at EUR 15,00.
If the consumer has made a payment, Nijssen Bulbs will refund this amount, including the shipping costs (with the exception of extra costs resulting from your choice of a type of delivery other than the cheapest type of standard delivery offered by us), as soon as possible but no later than within 14 days after the withdrawal. The same means of payment will be used for this refund as was used by the consumer in the original transaction, unless something else has been expressly agreed with you; in any event, this refund will not involve any additional costs for the consumer.
Nijssen Bulbs can refuse the refund until the products have been returned, or the consumer can prove that the products have been returned, whichever comes first.
The consumer shall return or hand over the products to Nijssen Bulbs immediately and in any event no later than 14 days after the day on which the agreement has been cancelled by notice to Nijssen Bulbs. The period of withdrawal is met if the goods are returned before the period of 14 days has expired.
Article 8 - Exclusion of right of withdrawal
The other party, who is not a consumer, does not have a right of withdrawal.
If the Consumer does not have a right of withdrawal, this can only be excluded by Nijssen Bulbs if Nijssen Bulbs has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products
that have been made by Nijssen Bulbs in accordance with the specifications of the consumer;
that are clearly personal in nature;
that cannot be returned due to their nature;
that spoil or age quickly;
if the requirements mentioned in article 6 paragraph 2 cannot be met.
Article 9 - The price and costs of shipment
Due to EU VAT guidelines, the VAT rate of the country of destination must be calculated. If you order from outside the Netherlands, this will affect the total price of your order. This calculation can be found in the shopping cart before you place your order.
All prices stated in this pricelist are in euro and include Dutch VAT. This is 9% for flower bulbs and 21% for other items.
The flower bulb is a living product, therefore it is impossible to guarantee the prices for the whole season. Better or worse crops than expected have a strong influence on our purchasing price. However, only extreme circumstances can force us to change our selling price.
Article 10 - Conformity and Guarantee
Nijssen Bulbs guarantees that the products comply with the agreement, with the specifications stated in the offer, with the reasonable requirements of reliability and/or usability and with the statutory provisions and/or government regulations that exist on the date of the formation of the agreement.
Nijssen Bulbs only delivers first size, unless stated otherwise on the website.
Each order is accompanied by a culture description per species, cultivar or hybrid. The other party is expected to follow these instructions.
Complaints about supposed trueness to type, observed during the start of flowering, must be reported in writing without delay. A compensation shall never exceed the invoice value. Nijssen Bulbs does not guarantee regrowth.
Article 11 - Delivery and performance
Nijssen Bulbs will take the greatest possible care when receiving and executing orders of products.
The place of delivery is the address which the Consumer has given to the company, on the understanding that deliveries will only be made within the European Union and/or Switzerland.
Without prejudice to the other provisions of these General Terms and Conditions, Nijssen Bulbs shall execute accepted orders with due haste but not later than within 30 days unless a longer delivery period has been indicated. If the delivery has been delayed, or if an order cannot be executed or can only be executed partially, the counterparty will be notified of this.
In the event of dissolution in whole or in part in accordance with the previous paragraph, Nijssen Bulbs will refund the amount to be paid as quickly as possible, but no later than within 30 days of dissolution.
The assortment includes some varieties that are scarce, which is indicated in the description concerned. Orders for these products are processed in order of receipt. If an item is sold out, the remaining items ordered by you will be considered the final order.
No varieties are substituted.
Ownership of the products delivered is transferred to the other party only when the latter has fulfilled its payment obligations arising from the agreement on which the delivery is based and previous agreements, including any damages, costs, interest and penalties. The other party may only dispose of the products for its own use. If the Other Party fails to fulfil its payment obligations, or if there is a well-founded fear that the Other Party will not do so, Nijssen Bulbs shall at all times be entitled to take back the products.
A plea of force majeure can relieve Nijssen Bulbs of its obligation to deliver on the basis of an order that has been made.
Article 12 - Payment
Unless agreed otherwise, the amounts owed by the Other Party should be paid by means of iDeal, Bancontact/Mister Cash, SOFORT Banking or Credit Card. If arrangements have been made for bank payment, the following applies: within eight days of receipt of the package(s), or no later than eleven days after dispatch thereof, to one of the bank account numbers stated on the invoice. The other party, who authorises Nijssen Bulbs once to collect the invoice amount automatically, can expect the debit entry within eight days of the invoice date.
The Other Party is obliged to report immediately to Nijssen Bulbs any inaccuracies in the payment details provided or stated.
If the stated payment term is exceeded, the Other Party shall owe half a percent interest per month on the purchase price as of the date of dispatch, whereby a part of the month shall count as a whole month.
Any collection costs, both judicial and extrajudicial, will be at the expense of the other party. The extrajudicial costs will amount to fifteen percent of the principal sum, with a minimum of EUR 40. In the event of a reminder, EUR 2.50 will be charged and in the event of a demand, EUR 5.00 in administration costs.
Article 13 - Liability
If Nijssen Bulbs is liable for damage to persons or goods, then this liability shall be limited to the amount paid out under the relevant liability insurance policy of Nijssen Bulbs in that particular case, to be increased by the applicable excess.
If, for whatever reason, the above-mentioned insurance does not provide a claim for any amount, the liability of Nijssen Bulbs shall be limited to the amount invoiced for the purchase concerned.
Every claim for damages lapses one year after the commencement of the day following the day on which the other party became aware of the damage and of Nijssen Bulbs as the person liable for the damage.
Article 14 - Complaints procedure
Any complaints regarding defects and shortages must be reported in writing, including by e-mail, within five days of receipt of the package(s). The defect or shortage must be fully and clearly described by the other party. You can send your e-mail to: info@nijssenbulbs.nl or by post to Nijssen Bulbs's correspondence address.
Complaints submitted to Nijssen Bulbs will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Nijssen Bulbs will respond within the period of 14 days with a notice of receipt and an indication of when the counterparty can expect a more detailed reply.
Article 15 - Applicable law and disputes
The legal relationship between Nijssen Bulbs and the other party is governed by Dutch law.
All disputes arising from the agreement between Nijssen Bulbs and the other party, or arising from the applicability of these General Terms and Conditions, will be brought before the competent court in Haarlem.