Conditions

General Terms and Conditions

Below you will find the general terms and conditions, these are the terms you agree to when you place an order through the Casa Botanica webshop.

Table of Contents:

Article 1 – Definitions

Article 2 – Identity of the Entrepreneur

Article 3 – Applicability

Article 4 – The Offer

Article 5 – The Agreement

Article 6 – Right of Withdrawal

Article 7 – Costs in Case of Withdrawal

Article 8 – Exclusion of the Right of Withdrawal

Article 9 – The Price

Article 10 – Conformity and Warranty

Article 11 – Delivery and Execution

Article 12 – Duration Transactions: Duration, Termination, and Extension

Article 13 – Payment

Article 14 – Complaints Procedure

Article 15 – Disputes

Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms, the following is understood:

Reflection Period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
Day: calendar day;
Duration Transaction: a distance agreement concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable Data Carrier: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation and unchanged reproduction of the stored information.
Right of Withdrawal: the possibility for the consumer to withdraw from the distance agreement within the reflection period;
Model Form: the model form for withdrawal that the entrepreneur provides, which a consumer can fill out when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance Agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, the agreement is concluded exclusively using one or more techniques for remote communication;
Technique for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being present in the same space at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Casa Botanica

Email address: support@casa-botanica.com

Chamber of Commerce number: 73514985

VAT identification number: NL001615170B60

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and order between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer as soon as possible free of charge upon request.
If the agreement is concluded at a distance electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request, either electronically or otherwise.
In the event that specific product or service terms also apply alongside these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in the case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are wholly or partially null and void at any time, the agreement and these terms shall remain in effect, and the relevant provision shall be promptly replaced by a provision that closely approximates the intent of the original through mutual consultation.
Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our terms must be explained 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This particularly concerns:

the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions are necessary for that;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the fee for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the communication means used;
whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer;
the way in which the consumer can check and, if desired, correct the data provided by them in the context of the agreement before concluding the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subjected themselves and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the case of a duration transaction.

Article 5 – The agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the entrepreneur's establishment where the consumer can go for complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the information included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

Upon delivery of products:

Upon purchasing products, the consumer has the option to cancel the agreement without giving reasons within 14 days. This reflection period starts the day after the consumer receives the product or a representative designated by the consumer and communicated to the entrepreneur.
During the reflection period, the consumer will handle the product and 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 exercises his right of withdrawal, he will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. The notification must be made by the consumer using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example by means of proof of shipment.
If the customer has not indicated that he wishes to exercise his right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

In the case of service delivery:

In the case of service delivery, the consumer has the option to terminate the agreement without giving any reason for at least 14 days, starting from the day the agreement is concluded.
To exercise his right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, he will only be responsible for the maximum costs of returning the product.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. The condition is that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer unless the consumer explicitly consents to a different payment method.
In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for a decrease in the value of the product when the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur according to the specifications of the consumer;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or age quickly;
whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
for single newspapers and magazines;
for audio and video recordings and computer software for which the consumer has broken the seal.
for hygienic products for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
whose delivery has begun with the express consent of the consumer before the reflection period has expired;
concerning bets and lotteries.

Article 9 – The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This tie to fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases occurring 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
these are the result of legal regulations or provisions; or
the consumer has the authority to terminate the agreement starting from the day the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typesetting errors. The entrepreneur accepts no liability for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Returns of the products must be made in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

The consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties; for perishable goods, in this sense referring to ornamental plants, the plants may not be repotted or transferred to another substrate within the first 30 days after receipt if the customer wishes to claim the warranty.
The delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the entrepreneur's instructions and/or have been treated on the packaging;
The defect is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery is the address that the consumer has communicated to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement at no cost. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not entitle the consumer to compensation.
In the event of cancellation in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. No later than at the time of delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are the responsibility of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, cancellation, and extension

Cancellation

The consumer can cancel an agreement that is for an indefinite term and that involves the regular delivery of products (including electricity) or services at any time, observing the agreed cancellation rules and a notice period of no more than one month.
The consumer can cancel an agreement that is for a fixed term and that involves the regular delivery of products (including electricity) or services at any time before the end of the fixed term, observing the agreed cancellation rules and a notice period of no more than one month.
The consumer can cancel the agreements mentioned in the previous sections:

can cancel at any time and not be limited to cancellation at a specific time or within a specific period;
at least cancel in the same manner as they have entered into with him;
always cancel with the same notice period as the entrepreneur has agreed for themselves.

Extension

An agreement that is entered into for a fixed term and that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed duration.
Notwithstanding the previous paragraph, an agreement that is entered into for a fixed term and that involves the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a fixed duration of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement that is entered into for a fixed term and that involves the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months in the case where the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically renewed and will end automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clear detail within 7 days after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, a consumer should first contact the entrepreneur. If a solution cannot be reached, the consumer has the option to have their complaint handled by an independent disputes committee, the ruling of which is binding, and both the entrepreneur and consumer agree to this binding ruling. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

Additional or deviating provisions 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 data carrier.

Model form for revocation

(only fill out and return this form if you wish to revoke the agreement)

To:

Casa Botanica

P/a

Veraartlaan 8

2288 GM Rijswijk

support@casa-botanica.com

I/We (*) hereby inform you that I/we (*) revoke/revoke (*) our agreement regarding the sale of the following goods/provision of the following service (*):

Ordered on (DD-MM-YYYY):

Order number:

Received on (DD-MM-YYYY):
Name(s) of consumer(s):
Address of consumer(s):
IBAN Account number:
Signature of consumer(s) (only when this form is submitted on paper)
Date (DD-MM-YYYY):