General sales and delivery terms

January 1st 2014 until present 

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. By signing the sales agreement or order form, or by accepting the confirmation, the buyer recognises the knowledge of our sales- and delivery terms. Conditions which are not waived expressively, continue to apply.

03. In the event of conflict between the sales conditions of the buyer and the seller, the latter will prevail.

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

Validity of tenders

05. Tenders have a validity of one month, counting from the date of issuing, unless otherwise specified in writing.

Prices

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

07. Retail prices do not include VAT and goods must be collected at the nursery. The prices are for professionals only (garden contractors, landscape architects etc.) Prices are in €. Unless otherwise specified, these prices do not include transportation costs, which are billed separately in case we are entrusted with the transport or the organization.

08. The prices are valid from the purchase of 24 pieces of the same species or cultivar.
When purchasing a number of plants between 23 and 12/species (or cultivar), there will be an extra charge of €0.04/pc.
When purchasing a number of plants between 11and 6/species (or cultivar), there will be an extra charge of €0.07/pc.
When purchasing a number of plants between 5 and 2/species (or cultivar), there will be an extra charge of €0.25/pc.
When purchasing 1 plant of a specie (or cultivar), there will be an extra charge of €0.50/pc.

09. All prices in this catalog are only indicative (i.e. recommended), and are established on the basis of the (fictional) market conditions at the time of the realisation of the catalog. 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. Purchased plants may be more expensive than the prices listed.

Orders

10. Each order is binding after our written confirmation. Changes made to this order or to our tender by the customer only apply on condition that we have accepted and confirmed them in writing.

11. The seller is relieved of his commitments to deliver plants due to harvest failure, abnormal weather conditions or other cases of force majeure. For reservations 2 months in advance or more, there will be a demand of 50% advance payment. The buyer will be notified of this by letter or e-mail.

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

Reservation of ownership

13. The seller retains ownership of the goods until receiving full payment of the goods and the related amounts (any charges, interest and penalties). Consequently the buyer must refrain from selling the goods to a third party until making full payment. Only the buyer remains liable for loss of sold goods, even by accident or force majeure.

Delivery, collection and shipment

14. The goods are transported (shipped) at the risk and expense of the purchaser, from the moment they leave our nursery, and will only differ unless specifically notified by us.

15. 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.

16. 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. In this case there is a fee payable by the purchaser corresponding to the complete value of the placed order plus an additional fee of 20% of the sales price.

17. Only the packaging supplied by us can be accepted, if they are returned undamaged, uncontaminated and free of charge.

18. Smaller orders can be delivered by mail at all times of the year.

Payment

19. All invoices must be paid at our offices. In case of non-payment each invoice shall automatically and without notice be increased on arrears equal to the legal interest rate plus 5% (example: 7% + 5% = 12%) per annum from the due date of the invoice.

20. Failure of payment or late payment of any invoice implies that the seller can decide if future orders will be accepted, and if they must be partially or completely paid in advance. The buyer will be informed of this by the seller.

21. For orders under the amount of €1.000, there will be an additional cost of €20, if paid by bankdraft or cheque of a bank which is not established in Belgium. All other additional costs of payments which are not paid in €, due to money exchange, will be charged to the buyer.

22. Disputes concerning an invoice must be made to us in writing within 15 days after sending.

Warranty and complaints

23. We guarantee authenticity of species.

24. 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. If the plants are collected by the buyer at the nursery, the goods are deemed to be accepted by the customer as soon as they are loaded by him.

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

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.

27. Complaints concerning billing need to be reported to the seller in writing, by mail or e-mail with a receipt of confirmation within 8 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.