General sales and delivery terms

VASTEPLANT.BE BV
GENERAL SALES AND DELIVERY TERMS

Applying conditions

01. This document describes the respective obligations of the contracting parties in the context of sales made by our services. The provisions of this document are applicable to all our transactions and commitments, excluding the terms and conditions of any supplier, buyer, or other contractor, unless we have expressly agreed.

02. The current general terms and conditions of sale and delivery apply as soon as they are published on our website vasteplant.be.

03. Current general terms and conditions supersede all previously established and published conditions.

Prices (€)

04. The publication of a new price list in our catalogues and on our website supersedes all previous price lists.

05. Prices include VAT ex nursery for non-professional customers. Professional prices apply for purchases of 24 or more specimens of the same variety (or cultivar), excluding VAT and ex nursery.

06. Purchased plants may be more expensive than the prices listed below.
When purchasing a number of plants between 23 and 12/specimen, €0.07/piece will be added.
When purchasing a number of plants between 11 and 6/specimen, €0.25/piece will be added.
When purchasing a number of plants between 5 and 1/specimen, €0.50/piece will be added.

07. All prices in this catalogue are only indicative (i.e. recommended), and are established on the basis of the (fictional) market conditions at the time of the realization of the catalogue. The producer is in no way bound by the prices provided, and depending on the market conditions, the prices may vary. The prices can be changed during the delivery season.

Orders

08. Reservations are not possible.

09. The seller is relieved of his commitments to deliver plants due to harvest failure, abnormal weather conditions or other cases of force majeure.

10. Unless specifically expressed by the buyer, the seller has the right to replace a missing species by another, most similar species, without prior notice.

11. The seller retains ownership of the goods until receiving full payment of the goods and the related amounts (any charges, interest and penalties).

Delivery, collection and shipment

12. The goods are transported (shipped) at the risk and expense of the purchaser, from the moment they leave our nursery, unless expressly stated otherwise by us.

13. The seller is in no case responsible for damage, theft, heat or frost damage or loss of the goods in transport by an external transport company or by the purchaser.

14. If the collection of the goods purchased is not done within a month after the agreed time and the purchaser has not requested postponement of delivery, the seller can cancel the sales agreement and no longer carry out delivery.

15. If the customer cancels an order that has already been prepared, we will credit the order for 80% of the original sale price to compensate for the return of the goods to the nursery.

16. Only packaging supplied by us, whether or not with a deposit, will be taken back if it is returned to us undamaged and in a clean condition.

17. Smaller orders can be delivered by mail order throughout the year.

Payment

18. All invoices must be paid at our offices, unless otherwise agreed in writing.

19. The seller has the right not to fulfil orders if previous, already due invoices have not been paid.

20. Any exchange costs for payments not made in euros shall be borne by the buyer.

21. In the event of non-payment of an invoice within 14 calendar days (+3 working days for postal delivery) after the first reminder has been sent, the customer shall also owe us interest by operation of law and without notice of default at the reference interest rate plus 8% referred to in Article 5, paragraph 2 of the Act of 2/08/2002 on combating late payment in commercial transactions. This interest is calculated on the outstanding amount. If we are obliged to pay amounts to the customer, the same arrangement applies to compensation and interest in favor of the customer and at our expense.
In addition to that, the amount of the invoice shall automatically be increased without any notice, with a sum equal to 10% of the invoice amount, with a minimum of €50 by way of damage compensation and associated costs, contributing to any additional legal costs.

22. Failure to pay any invoice on time or in full means that the seller may make the acceptance of subsequent orders dependent on full or partial payment in advance. The seller shall notify the buyer of this.

23. From 1 January 2026, Vasteplant.be will send and receive its B2B invoices with Belgian VAT-registered companies exclusively via the Peppol network, in accordance with European standard EN 16931. This means that Belgian VAT-registered buyers undertake to receive and process invoices in this format, while Belgian VAT-registered suppliers undertake to deliver their invoices via the Peppol network.
Although the use of Peppol significantly reduces the risk of errors and fraud, it does not offer an absolute guarantee. The customer remains responsible at all times for carrying out internal checks, including the verification of supplier data, Peppol IDs and approval procedures.

Warranty

24. We cannot guarantee regrowth, as there is no possibility for us to supervise how the merchandise has been treated after transfer.

25. We guarantee authenticity of species.

26. If it appears that the goods were afflicted with a serious defect or are not of the authentic species, the buyer cannot obtain a higher compensation than the invoice value of the plants.

Complaints

27. Complaints concerning the quality of the goods need to be reported to the seller in writing, by mail or e-mail, with a receipt of confirmation within 3 days after leaving the nursery.
Complaints concerning billing need to be reported to the seller in writing, by mail or e-mail with a receipt of confirmation, within 30 days after receiving the invoice.

Applicable law and disputes

28. The agreements made by us are governed by Belgian law.

29. In case of dispute, only the courts where the office of the seller is located have the power of jurisdiction.