Terms and Conditions

General Terms and Conditions of HappyPlants4u

Table of Contents:

Article 1 - Definitions
Article 2 - Applicability
Article 3 - The Offer
Article 4 - The Agreement
Article 5 - Right of Withdrawal
Article 6 - Costs in Case of Withdrawal
Article 7 - Exclusion of the Right of Withdrawal
Article 8 - The Price
Article 9 - Conformity and Warranty
Article 10 - Delivery and Execution
Article 11 - Long-term Transactions: Duration, Termination, and Extension
Article 12 - Payment
Article 13 - Complaints Procedure
Article 14 - Applicable Law
Article 15 - Competent Court
Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

HappyPlants4u: full name, located at Andries Copierhof in Rotterdam 3059LM, registered with the Chamber of Commerce under number 51019566, and offers products and/or services remotely to the customer;
Customer: the natural or legal person who enters into a distance contract with HappyPlants4u;
Consumer: a customer who is a natural person not acting in the exercise of a profession or business and who enters into a distance contract with HappyPlants4u;
Cooling-off period: the period within which the consumer can exercise the right of withdrawal;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, with the delivery and/or purchase obligations spread over time;
Durable medium: any tool that enables the consumer or HappyPlants4u to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Withdrawal form: the model form for withdrawal made available by HappyPlants4u, which a consumer may use when exercising the right of withdrawal;
Distance contract: a contract concluded within the framework of an organized system by HappyPlants4u for the remote sale of products and/or services, where one or more means of remote communication are exclusively used up to and including the conclusion of the contract;
Means of remote communication: a method that can be used to conclude a contract without the customer and HappyPlants4u being in the same place at the same time;
General Terms and Conditions: these present General Terms and Conditions of HappyPlants4u.

Article 2 - Applicability

These general terms and conditions apply to every offer made by HappyPlants4u and to every distance contract and order concluded between HappyPlants4u and the customer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, HappyPlants4u shall indicate, before the contract is concluded, how the general terms and conditions can be viewed and that they will be sent free of charge as soon as possible at the request of the customer.
If the distance contract is concluded electronically, then by way of deviation from the previous paragraph and before the contract is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that it can be easily stored by the customer on a durable medium. If this is not reasonably possible, HappyPlants4u shall indicate where the general terms and conditions can be accessed electronically and that they will be sent free of charge, at the customer’s request, by electronic or other means.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and the customer may always rely on the applicable provision that is most favorable to them in the event of conflicting conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions shall remain in force for the rest, and the relevant provision shall be replaced immediately in mutual consultation with a provision that approximates the intent of the original provision as closely as possible.
Uncertainties regarding the interpretation or content of one or more provisions of these terms and conditions must be interpreted “in the spirit” of these general terms and conditions.

Article 3 – The Offer

If an offer is subject to a limited validity period or made under certain conditions, this shall be explicitly stated in the offer.
The offer is non-binding. HappyPlants4u reserves the right to change or amend the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the customer to make a proper assessment of the offer. If HappyPlants4u uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind HappyPlants4u.
All images, specifications, and information in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images accompanying products are a true representation of the offered products. However, HappyPlants4u cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains sufficient information so that the consumer clearly understands the rights and obligations associated with accepting the offer. This includes in particular:

the price including taxes;
any shipping costs;
the method by which the agreement will be concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the deadline for accepting the offer, or the period within which HappyPlants4u guarantees the price;
the rate for remote communication if the costs differ from the regular base rate for the communication method used;
whether the agreement will be archived after conclusion, and if so, how it can be accessed by the consumer;
the way the consumer can check and, if desired, correct the information provided before the agreement is concluded;
the languages in which, in addition to Dutch, the agreement can be concluded; and
the minimum duration of the distance agreement in the case of a long-term transaction.

Article 4 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the customer accepts the offer and meets the associated conditions.
If the customer accepts the offer electronically, HappyPlants4u shall immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by HappyPlants4u, the customer may dissolve the agreement.
If the agreement is concluded electronically, HappyPlants4u shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a safe web environment. If the consumer can pay electronically, HappyPlants4u will observe appropriate security measures for this.
HappyPlants4u may, within the legal framework, investigate whether the customer can meet their payment obligations, as well as any other relevant facts and factors necessary for a responsible conclusion of the distance contract. If, based on this investigation, HappyPlants4u has good grounds not to enter into the agreement, it is entitled to refuse an order or request with justification or to attach special conditions to the execution.
HappyPlants4u will include the following information with the product or service, either in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

a. the visiting address of HappyPlants4u’s business location where the customer can submit complaints;
b. the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
c. information regarding guarantees and existing after-sales services;
d. the data as referred to in Article 3 paragraph 3 of these terms and conditions, unless HappyPlants4u has already provided this information to the customer before the execution of the agreement;
e. the requirements for terminating the agreement if it has a duration of more than one year or is indefinite.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

For the delivery of products:

When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts the day after the product is received by the consumer or a representative previously designated by the consumer and known to HappyPlants4u.
During the cooling-off period, the consumer shall handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he shall return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to HappyPlants4u, in accordance with the reasonable and clear instructions provided by HappyPlants4u.
If the consumer wishes to use the right of withdrawal, he must notify HappyPlants4u within 14 days of receiving the product. Notification must be made using the model withdrawal form. After the consumer has made it known that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must be able to prove that the product was returned on time, for example by providing proof of shipment.
If the consumer has not expressed the intention to use the right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to HappyPlants4u, the purchase becomes final.

For the delivery of services:

In the case of service agreements, the consumer may dissolve the agreement without giving any reason for at least 14 days, starting from the day the agreement is concluded.
To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by HappyPlants4u at the time of the offer and/or at the latest upon delivery.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, they will only be responsible for the return shipping costs.
If the consumer has already paid, HappyPlants4u will refund the amount as soon as possible, and no later than 14 days after the withdrawal has been communicated.
Refunds will only be made once the returned product has been received by HappyPlants4u or proof of return has been provided.

Article 7 – Exclusion of the Right of Withdrawal

HappyPlants4u may exclude the right of withdrawal for certain products or services as described in paragraphs 2 and 3.
This is only valid if clearly stated in the offer or communicated before the agreement is concluded.

Exclusion of the right of withdrawal is only possible for products:
a. made to the consumer’s specifications by HappyPlants4u;
b. that are clearly personal in nature;
c. that, due to their nature, cannot be returned;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations on the financial market that HappyPlants4u cannot control;
f. such as individual newspapers and magazines;
g. audio or video recordings or computer software with a broken seal;
h. hygienic products where the seal has been broken.

Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant services, or leisure activities on a specific date or during a specific period;
b. that have already begun with the consumer’s explicit consent before the withdrawal period has ended;
c. relating to betting and lotteries.

Article 8 – The Price

During the validity period stated in the offer, the prices of products and/or services will not be increased, except in the event of changes in VAT rates.
As an exception, HappyPlants4u may offer products or services with variable prices if they are subject to fluctuations in the financial market that HappyPlants4u cannot influence. This will be clearly stated in the offer.

Price increases within 3 months after the agreement is concluded are only allowed if they are the result of legal regulations.
Price increases after 3 months are only allowed if:
a. they result from legal regulations; or
b. the consumer has the right to cancel the agreement as of the day the price increase takes effect.

All product and service prices listed in the offer include VAT.
All prices are subject to printing and typographical errors. HappyPlants4u is not liable for the consequences of such errors and is not obligated to deliver products at the incorrect price.

Article 9 – Conformity and Warranty

HappyPlants4u guarantees that the products and/or services meet the agreement, the specifications stated in the offer, reasonable standards of usability and quality, and any applicable laws or government regulations in effect at the time of the agreement.
If agreed upon, HappyPlants4u also guarantees that the product is suitable for uses beyond normal use.

Any warranty provided by HappyPlants4u, the manufacturer, or the importer does not affect the consumer’s legal rights.
Defects or incorrect deliveries must be reported to HappyPlants4u in writing within 7 days of delivery. Products must be returned in their original packaging and in unused condition.

The warranty period provided by HappyPlants4u corresponds to that of the manufacturer. HappyPlants4u is not responsible for the product’s suitability for individual purposes or for any usage advice.

The warranty does not apply if:

the buyer has repaired or modified the products themselves or had them altered by third parties;
the products were used under abnormal conditions, handled carelessly, or used in a manner not in line with instructions from HappyPlants4u or the packaging;
the defect is (partly) caused by government regulations regarding the nature or quality of materials used.

Article 10 – Delivery and Execution

HappyPlants4u will handle orders and service requests with the utmost care.
The delivery address is the one provided by the consumer.

Subject to Article 3, HappyPlants4u will process accepted orders promptly, but no later than 30 days after the order was placed, unless the consumer agrees to a longer delivery period.
If delivery is delayed or if an order cannot (fully) be fulfilled, the consumer will be informed within 30 days. In that case, the consumer has the right to cancel the agreement free of charge and may claim compensation.

In case of cancellation under the previous paragraph, HappyPlants4u will refund the amount paid as soon as possible and no later than 14 days after cancellation.

If delivery of a product proves impossible, HappyPlants4u will make reasonable efforts to offer a replacement. This will be clearly communicated at the time of delivery. For replacement items, the right of withdrawal remains valid. Return shipping costs are borne by HappyPlants4u.

The risk of damage or loss of products lies with HappyPlants4u until the moment of delivery to the consumer or a representative designated by the consumer, unless otherwise agreed.

Article 11 – Duration Agreements: Term, Termination, and Renewal

Termination

The consumer may cancel an open-ended agreement for the regular delivery of products (including electricity) or services at any time, subject to agreed cancellation rules and with a notice period of no more than one month.
A fixed-term agreement for the regular delivery of products or services may also be canceled at the end of its term, with the same notice period.

The consumer may:

cancel at any time and not be restricted to a specific moment or period;
cancel using the same method used to enter the agreement;
always cancel with the same notice period as HappyPlants4u applies for itself.

Renewal

Fixed-term agreements for regular delivery of products or services may not be automatically renewed for a fixed period.

Exceptions:

Subscriptions to newspapers or magazines may be extended for up to three months, provided they can be canceled with one month's notice.
Open-ended extensions are only allowed if the consumer can cancel at any time with one month’s notice (or three months for less frequent deliveries of periodicals).

Trial subscriptions for newspapers or magazines are not automatically renewed and end automatically.

Duration

If an agreement lasts longer than one year, the consumer may cancel at any time after one year with a notice period of no more than one month, unless fairness and reasonableness dictate otherwise.

Article 12 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 14 days after the start of the withdrawal period as referred to in Article 5, paragraph 1.
In the case of an agreement for the provision of a service, this period begins once the consumer has received confirmation of the agreement.

Unless otherwise agreed, amounts owed by customers who are not consumers must be paid within 14 days from the invoice date.
For service agreements, this period begins once the customer has received confirmation of the agreement.

The customer is obliged to immediately report any inaccuracies in provided or stated payment details to HappyPlants4u.

In case of non-payment by the consumer, and subject to legal limitations, HappyPlants4u has the right to charge reasonable costs previously communicated to the consumer.

In the event of non-payment by a customer who is not a consumer, extrajudicial collection costs of 15% of the principal amount will be charged, with a minimum of €40.00.

Article 13 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to HappyPlants4u within 7 days after the customer has discovered the defect. Complaints must be described clearly and completely.

Complaints submitted to HappyPlants4u will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, HappyPlants4u will respond within 14 days with an acknowledgment of receipt and an indication of when a more detailed response can be expected.

Submitting a complaint does not suspend the obligations of either HappyPlants4u or the customer, unless HappyPlants4u indicates otherwise in writing.

If a complaint is found to be valid by HappyPlants4u, it will, at its discretion, replace or repair the delivered products free of charge.

It is also possible to submit complaints through the European ODR platform: http://ec.europa.eu/odr.

Article 14 – Applicable Law

All agreements between HappyPlants4u and the customer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the customer resides abroad.

The Vienna Sales Convention (CISG) does not apply.

Article 15 – Competent Court

All disputes arising between the customer and HappyPlants4u from or related to the agreement, or any resulting further agreements, will be submitted exclusively to the competent court in the district of Rotterdam, unless mandatory legal provisions dictate otherwise.

Notwithstanding the above, HappyPlants4u reserves the right to bring the matter before another court with legal jurisdiction under applicable law.

Article 16 – Additional or Deviating Provisions

Additional provisions or deviations from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.