Bvba Jan Spruyt - Van der Jeugd
These terms and conditions apply to all webshop offers from
Bvba Jan Spruyt - Van der Jeugd (mentioned below as vasteplant.be).
The conditions are accessible to everyone and included on the website. They are also downloadable in pdf format via the website.
By placing an order you indicate that you agree with the delivery and payment conditions. vasteplant.be reserves the right to change its delivery and / or payment conditions after the expiry of the term. Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by vasteplant.be. vasteplant.be guarantees that the delivered product meets the agreement and meets the quality standards.
Delivery of order placed via webshop
Delivery takes place while supplies last. In accordance with the rules of the distance purchase, vasteplant.be will execute orders at least within 10 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or can only be partially executed, the consumer will receive a message within 10 days after placing the order and in that case he has the right to cancel the order without costs and notice of default.
Vasteplant.be's obligation to deliver will, subject to proof to the contrary, be met as soon as the goods delivered by vasteplant.be have been offered to the buyer once. For home delivery, the report of the carrier, including the refusal of acceptance, serves as proof of delivery.
All periods mentioned on the website are indicative. No rights can therefore be derived from the aforementioned periods.
Prices are not increased within the duration of the offer, unless legal measures make this necessary. All prices on the site are subject to printing errors. No liability is accepted for the consequences of printing errors. All private prices on the site are in EUROs and include VAT.
Right of withdrawal online purchase via webshop
One of the most important provisions in the new law is the consumer's right of withdrawal. Because the consumer has no possibility to see or test the goods in advance, the legislator considers it necessary to grant the consumer a 'cooling-off period' of 14 calendar days within which he can return the goods without giving reasons, or in the case of a service, can terminate the agreement.
The supplier is forbidden to charge costs for this other than the return costs.
The period of 14 calendar days starts from the moment that the goods are delivered, or in the case of services, at the conclusion of the agreement.
The right of withdrawal does not apply to certain goods and services;
services whose performance, with the consent of the consumer, has begun for the period of seven working days;
goods or services whose price depends on fluctuations in the financial market, over which the supplier has no influence;
goods that have been manufactured to the consumer's specifications, for example custom work, or that have a clear personal character;
for goods or services that cannot be returned due to their nature, or that can quickly deteriorate or become obsolete (such as plants);
audio and video recordings and computer software of which the consumer has broken the seal;
the delivery of newspapers and magazines; for the services of betting and lotteries.
Since vasteplant.be sends plants and this therefore concerns quickly perishable products (live plants), they cannot be returned.
The plants can be returned personally.
If something went wrong during the transport to the customer, as a result of which the packaging and plants arrive damaged, the plants in the original packaging must be refused to the transporter, so that they automatically return. Each shipment is insured for a maximum amount of € 500. The insured amount can never exceed the invoicing amount of the plants of that shipment.
BVBA SPRUYT – VAN DER JEUGD
BE - 9255 BUGGENHOUT
vasteplant.be guarantees that the products supplied meet the requirements of usability and reliability. The guarantee period of vasteplant.be does not apply as there is no supervision as to how the customer ultimately treats the plants. vasteplant.be is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
The buyer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, inadequate or incomplete, then the customer (before proceeding to return to vasteplant.be) must immediately report these defects in writing to vasteplant.be. Commissioning after the discovery of a defect, damage arising after the discovery of a defect, encumberment and / or resale after the discovery of a defect, completely voids this right to complain and return.
If complaints from the customer are found to be justified by Vasteplant.be, Vasteplant.be will, at its option, replace the delivered goods free of charge or make a written arrangement with the customer about the compensation, provided that the liability of Vasteplant.be and, consequently, the amount of compensation is always limited to at most the invoice amount of the goods in question. Any liability of vasteplant.be for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect damage or consequential damage or damage due to lost profit. vasteplant.be is not liable for damage caused by intent or equivalent recklessness of non-managerial staff and / or of the carriers.
An agreement between vasteplant.be and a customer comes into existence after an order assignment by vasteplant.be has been assessed for feasibility. Vasteplant.be reserves the right, without stating reasons, not to accept orders or assignments or only to accept them on condition that the shipment takes place after payment in advance.
Images and specifications
All colors of the images on the website of vasteplant.be cannot be a reason for compensation or dissolution of the agreement, due to non-color law.
vasteplant.be is not liable if and insofar as its commitments cannot be met due to force majeure. Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of vasteplant.be as well as assistants, illness of staff, defects in aids or means of transport are expressly considered as force majeure. Vasteplant.be reserves the right to suspend its obligations in the event of force majeure and is also entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is amended in such a way that implementation remains possible. Vasteplant.be is under no circumstances obliged to pay any fine or compensation.
Vasteplant.be is not liable for failure or poor regrowth due to incorrect use of the plants. Regrowth guarantee is not granted under any circumstances.
Applicable law / authorized court
Belgian law applies to all agreements. Disputes arising from an agreement between vasteplant.be and the buyer that cannot be resolved by mutual agreement, the competent court within the Dendermonde district takes cognizance, unless vasteplant.be prefers the difference to the competent court of submit the place of residence of the buyer, and with the exception of those disputes that fall within the competence of the sub-district court.