Terms and conditions of De Warande, valid from 14-12-2012.
Place of business: Vorden , The Netherlands.
1. General
1.1 These terms and conditions apply to all offers made by De Warande. The terms and conditions are available to all, and are documented on the website of De Warande.
1.2 By placing an order you agree to these terms and conditions, including the conditions of delivery and payment. De Warande reserves the right to modify the conditions of delivery and/or payment at any time.
2. Dispatch
2.1 Dispatch takes place while supplies last.
2.2 Orders are processed in the order received.
2.3 Dispatch is restricted to countries within the European Union, and Switzerland. Possible custom duties and other import costs incurred when ordering from Switzerland are borne by the buyer. Unfortunately we cannot supply CITES listed species to Switzerland.
2.4 By placing an order you agree to the delivery dates and times stated on the De Warande website. Please note that these delivery dates and times are an indication.
2.5 Orders are delivered by PostnNL or an alternative parcel service. Delivery and packaging costs are calculated separately for each order and are borne by the buyer. For orders sent within the Netherlands or to Germany, and which have an order value of €90.00 or more, the cost of packaging and delivery is free.
2.6 De Warande accepts responsibility for the sending of an order: an order is insured against loss or damage during transport for an amount equal to the order value, the maximum compensation being €500.00.
2.7 Once the order has been delivered, or an attempted delivery has been made, and in the absence of proof to the contrary, the responsibility of De Warande for sending ends. The rapport of the postal service employee serves as evidence of (attempted) delivery.
3. Payment and pricing
3.1 Please transfer the amount due within 14 working days to our bank account NL06 TRIO 0781 3352 21 (BIC:TRIONL2U), made payable to De Warande. Please remember to state your order number.
3.2 Prices can be changed within the duration of an offer.
3.3 All prices on the website are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors.
3.4 All prices on the website are displayed in Euro and include VAT.
4. Orders
4.1 The minimum order amount is €15.00 including packaging and delivery costs. Repeat or additional orders are treated as entirely new orders.
4.2 If an ordered item is sold out then the value of the item is reimbursed or, in agreement with the customer, is substituted with a comparable item. Any remaining items ordered are regarded as the final order and go unchanged.
4.3 The cost to recover any judicial and extrajudicial costs is borne by the buyer.
4.4 De Warande reserves the right to refuse orders, or only accept orders on the condition of cash on delivery or prepayment, without giving any reason.
4.5 The photos and descriptions used by De Warande regarding flower colour, flowering periods and plant height are indicative.
5. Privacy policy
5.1 When placing an order with De Warande your personal details are logged in our customer database. De Warande complies with the Dutch Data Protection Act and will not supply your personal details to third parties.
6. Guarantee/right of withdrawal
6.1 If the items are deemed damaged or flawed upon arrival, then the customer has 14 working days to inform De Warande of this, before deciding to return the items to De Warande.
6.2 When a sale is made conform the Dutch Distance Selling Law (article 7:5 BW) the buyer has the right to return an order, or part of an order, within 14 working days and without giving any reason. The returned goods must be undamaged.
6.3 The cost of returning an order is borne by the buyer. The cost of loss, theft or damage to the order during transport is the responsibility of the buyer.
6.4 Doubts regarding the authenticity of a plant, observed when in bloom, can be filed within 1 year of receiving the plant. De Warande must be informed of the suspected inauthenticity in writing and a photo must be attached showing the flowering plant in question.
6.5 De Warande cannot be called upon for the regrowth of any plant.
6.6 If a customer's complaints are found substantiated by De Warande, then De Warande shall, at their discretion, either replace the item(s) in question free of charge, or arrange a written compensation agreement. A compensation agreement is made on the understanding that the liability of De Warande, and therefore the amount of compensation available, is limited to the value of the order in question.
7. Applicable law/competent court
7.1 Dutch law applies to all agreements.
7.2 Disputes, arising out of an agreement between De Warande and the buyer, which cannot be resolved by mutual agreement, will be heard before a Judge of competent jurisdiction in the district of Zutphen, unless De Warande decides to submit the dispute to the court of jurisdiction in the place of residence of the buyer, or if the dispute can be resolved in a Magistrates’ court.