GENERAL TERMS AND CONDITIONS

 

Table of contents:

Article 1 – Company details

Article 2 - Applicability

Article 3 – Offers and agreements

Article 4 - Cancelling an order

Article 5 - Prices

Article 6 - Delivery

Article 7 - Exclusion of the right of return

Article 8 - Availability of Products

Article 9 - Liability and responsibility

Article 10 - Retention of title

Article 11 - Complaints Procedure

Article 12 - Website

Article 13 - Disputes, applicable law, change clause and clause about translations 

 

Article 1. Company details

Green Garden VOF (hereinafter “Green Garden”)

Leidsestraat 170

2182 DS Hillegom, the Netherlands

Telephone number: +31(0)252 528230

E-mail address: info@greengardenflowerbulbs.nl

Chamber of Commerce number: 28064503

VAT: NL812734506B01

 

Article 2. Applicability

Green Garden supplies flower bulbs and tubers, rhizomes and perennials (hereinafter ‘the Products’). All offers, orders and agreements of Green Garden relating to the Products shall be subject to these General Terms and Conditions (hereinafter ‘the Terms and Conditions’). Accepting an offer or placing an order implies that you accept the applicability of these Terms and Conditions.

Deviation from the provisions of these Terms and Conditions is only possible after written notification or written approval by Green Garden, in which case the remaining provisions shall remain in full force. Green Garden expressly rejects any purchase or other conditions of the Customer. If one or more provisions in these Terms and Conditions are declared invalid, the other provisions shall remain in full force and effect. All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of Green Garden, are likewise stipulated for the benefit of intermediaries and other third parties engaged by Green Garden.

If the Customer is a consumer, these Terms and Conditions respect the consumer's rights under the applicable law (or the sales agreement). 

 

Article 3. Offers and agreements

All offers by Green Garden are non-binding and Green Garden expressly reserves the right to change prices, in particular when required by (statutory) regulations. An agreement only comes into effect after acceptance of your order by Green Garden. Product reservations in unpaid online orders may be cancelled by Green Garden after ten (10) days, as well as reservations for orders whose delivery time has passed.

Green Garden is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Green Garden will communicate this within ten (10) working days after receipt of the order.

Our Products are natural products. We therefore cannot guarantee prices without limitation. Due to disappointing harvests, our purchase prices may fluctuate significantly. In the event of extreme price changes, we will pass these on, possibly even after the agreement has been concluded and regardless of whether the order has already been (partially) paid for. In the event of price increases, the Customer always has the right to dissolve the agreement with a refund of any amounts already paid, or Green Garden can change the number, type or size of an order in consultation with the Customer.

Article 4. Cancelling an order

The Customer has the right to cancel the order within 5 (five) business days. Cancellations should be notified via our email address info@Green Garden.nl. If your order has not yet been processed, you can immediately cancel your order free of charge. If your order has already been dispatched, you will be obliged to refund the costs incurred (including the shipping and order costs incurred).

 

Article 5. Prices

The stated prices of the Products offered are in Euros, exclusive of VAT and exclusive of any shipping costs, counting costs, costs for obtaining a phytosanitary certificate, cleaning costs and costs for other necessary forms.

 

Article 6. Delivery

The delivery time of the Products is tailored to the planting season. Outside the planting season, you can place an order, which will be delivered during the planting season. Products are insured during transportation.

Any delivery times given by Green Garden are indicative only. We will inform you of any unforeseen deviation in the delivery times. Exceeding any delivery time does not entitle you to compensation. However, if the shipment (from the time of sending) takes longer than thirty (30) days, both Green Garden and the Customer have the option to dissolve the agreement in writing, after which both parties are released from their obligations to each other and any payments already made will be refunded.

In addition to shipping, there is the possibility of collecting your order by appointment (PICK UP).  In this case, the Customer is responsible for organising the transport and associated risks. Any damage during transport or reduced quality due to late collection of the Products will not entitle you to compensation.

 

Article 7. Exclusion of the right of return

No legal right of return applies to our Products in connection with perishability of these (fresh) Products. The right of return is therefore excluded in these Terms and Conditions. For complaints about delivered Products, please refer to the Complaints Procedure below.

 

Article 8. Availability of Products

Our Products are natural products. Availability depends on the harvest results of our suppliers' crops. Despite careful planning, an item may unexpectedly be unavailable or very limited. In that case, Green Garden will notify you and suggest a suitable replacement by e-mail. 

 

Article 9. Liability and responsibility

Green Garden shall only be liable for direct damages resulting from an attributable failure to fulfil its obligations under the agreement.

Green Garden's liability is limited to the amount paid out under its liability insurance. If the insurance does not pay out, Green Garden's liability shall be limited to the amount of the invoice. Any claim for compensation shall lapse 1 year after the Customer becomes aware of the damage.

Green Garden shall not be liable for indirect damages, including consequential damages, lost profits, missed savings and damages due to business interruption. Green Garden shall furthermore not be liable if a shortcoming is the result of force majeure. Force majeure exists if a shortcoming cannot be attributed to Green Garden, including, for example, government measures, transport disruptions, crop failures and strikes or illness at Green Garden or its suppliers. In case of force majeure, Green Garden has the right to terminate the agreement in whole or in part, without being bound to any compensation. 

The customer is fully responsible for the use of the delivered Products. Green Garden is not liable for negative consequences of injudicious, improper or incorrect use or misuse. 

 

Article 10. Retention of title

Ownership of Products delivered shall not pass until the Customer has fully paid the invoiced amount to Green Garden under the agreement. The risk of loss of or damage to the Products under the agreement shall pass to the Customer at the moment they are legally and/or actually delivered and thereby come into the possession of the Customer or a third party designated by the Customer. 

 

Article 11. Complaints procedure

• Complaints on delivery

The Customer is obliged to examine immediately upon delivery whether the Products delivered comply with the agreement. Complaints about the delivered Products can only be considered if (i) the delivered Product is a different Product than the ordered Product, or (ii) if the delivered Product has visible damage.

In case of complaints, the Customer must inform Green Garden thereof as soon as possible and in any event within two (2) working days after delivery via the e-mail address info@Green Garden.nl, stating the order number, with a clear description of the complaint, and adding one or more photos of the Product. If there is indeed an incorrect Product or visible damage, a suitable solution will be sought in consultation with the Customer. Complaints that are not submitted within two (2) working days after delivery will not be processed.

• Complaints relating to flowering

Green Garden only provides flowering guarantee on the first flowering period after purchase of the relevant Product. In case of complaints relating to flowering, the Customer must inform Green Garden thereof as soon as possible and in any case within two (2) months after the end of the first flowering period via the e-mail address info@Green Garden.nl. The complaint will only be considered:

• upon receipt of photos of the relevant Product and indication of the order number; and
• upon receipt of a description of the planting and growing conditions (e.g. planting period, climate and condition of the Product); and
• after the flowering period of the relevant Product.

The requirements for the growth and flowering of our Products can be very specific. On external elements such as weather conditions, soil type and pests, Green Garden has no influence. We cannot guarantee that the Products will grow and bloom in every climate and under all conditions. It is the Customer's own responsibility to plant and care for the Products at the right planting time and under the right conditions.

The flowering guarantee does not apply to damage resulting from improper care, soil conditions, rodents and pests or extreme weather conditions.

If it is determined that flowering is lagging as a result of poor quality of the Product, a suitable solution will be sought together with the Customer. Green Garden is not liable for further costs incurred such as labour costs. The compensation never goes beyond the value of the Product.

Due to availability and growing seasons, replacement may not take place until the next harvest season. In any event, the Customer must give Green Garden 4 weeks to resolve the complaint by mutual agreement.

Complaints that are not submitted within two months after the end of the first flowering season will not be considered.

 

Article 12 – Website

Green Garden makes every effort to ensure that the information on the website www.greengardenflowerbulbs.nl is as complete and accurate as possible. Green Garden accepts no responsibility or liability for damage in any way arising from the use, incompleteness or inaccuracy of the information provided on the website.

Green Garden illustrates its Products as accurately as possible, but the Customer should bear in mind that flowers and plants are a natural product and adapt to local conditions such as light and soil type. The result of flowering may differ in e.g. size and colour compared to the illustrations, descriptions and specifications on our website. The illustrations and images are protected by copyright and may therefore not be reproduced in whole, in part or in modified form without express written permission.

 

Article 13 – Disputes, applicable law, change clause and clause about translations

If disputes arise between the Customer and Green Garden that cannot be settled, they will be submitted to the competent court in The Hague.

All agreements between Green Garden and the Customer shall be governed by Dutch law.

Green Garden reserves the right to change these Terms and Conditions unilaterally if Green Garden has a compelling interest in doing so.

These Terms and Conditions have been translated from Dutch into other languages. In the event of contradictions between the Dutch text and any other language into which these Terms and Conditions have been translated, the Dutch text shall prevail.

 

Compliance policy

 

1. Introduction

Green Garden Flowerbulbs is committed to maintaining the highest standards of ethics and compliance with laws and regulations. This compliance policy aims to establish guidelines and procedures to ensure that Green Garden Flowerbulbs operates in accordance with applicable laws and regulations.

 

2. Anti-Money Laundering Policy

Green Garden Flowerbulbs is committed to preventing and combating money laundering. Green Garden Flowerbulbs will:

1. Customer Identification (KYC): Carefully carry out the customer identification process to establish true identity and comply with all KYC requirements.
2. Reporting of Suspicious Transactions: Immediately report suspicious transactions to competent authorities and follow internal reporting procedures.
3. Awareness: Provide affected employees with regular briefings to keep them abreast of the latest anti-money laundering developments.
4. Due Diligence: Conduct due diligence for suppliers and partners to ensure that they also meet the highest standards in anti-money laundering.

 

3. Sanction compliance

Green Garden Flowerbulbs will comply with all applicable sanction laws and regulations. Green Garden Flowerbulbs will:

1. Screen Parties: Regularly screen all business partners, customers and suppliers against national and international sanctions lists.
2. Prohibited Transactions: Not conduct transactions in violation of applicable sanctions measures, including trading with prohibited parties.
3. Awareness: Provide employees with regular explanations to make them aware of sanctions laws and regulations and equip them with the necessary knowledge to comply with them.

 

4. Export control

Green Garden Flowerbulbs, as a company exporting flower bulbs to countries within and outside the EU, will comply with all relevant export control laws and regulations. Green Garden Flowerbulbs will:

1. Classification of Goods: Properly classify flower bulbs in accordance with applicable export control laws.
2. Licences and Permits: Obtain all required export licences and permits before exporting any goods.
3. Checks: Conduct regular checks to ensure that export activities comply with applicable export control laws

 

     5. Monitoring and compliance

Green Garden Flowerbulbs' management is responsible for compliance with this policy. Green Garden Flowerbulbs will regularly evaluate the effectiveness of this policy and make adjustments if necessary.

This compliance policy is intended as a guide for the relevant employees of Green Garden Flowerbulbs and should be observed to ensure that the company operates in accordance with applicable laws and regulations.