Terms and Conditions

1

Palma Verde Exoten VOF
 
2
Applicability
 
3
Electronic communication
 
4
Conclusion of the agreement and dissolution of the agreement
- Cooling period (dissolution agreement)
- Not good-money back (dissolution agreement)
- Credit dignity (dissolution agreement)
- Deliveries/Shipment within Europe
 
5
Returns and return payments
- Cost returns
 
6
Return of purchase amount
 
7
Repair / Repair / and / or delivery of the missing
 
8
Delivery and complaints about deliveries
- Delivery costs
 
9
Packaging during delivery / carrier / delays
 
10
Guarantees
 
11
Prices, images and pot sizes
 
12
Ownership reservation
 
13
Payments
 
14
Other provisions
 
 
15
Guarantee plant bins / ponds / pond walls and accessories
 
 
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1
Company / Seller
1.1
Palma Verde Exoten V.O.F.
1.2
Registered at the Chamber of Commerce of East Brabant under number 88770745, Palma Verde Exoten VOF
 
2
Applicability
2.1
These terms and conditions apply to all offers, offers and services and to all contracts for work and / or purchase and sale by www.palmaverde.nl based in Melderslo (L.).
The client / buyer will hereinafter be referred to as "the other party".
2.2
Other terms are only part of the agreement between the parties if and to the extent that both parties have explicitly agreed.
2.3
The other party without comment accepts and maintains a quotation or order confirmation, in agreement with its applicability.
2.4
Palma Verde reserves the right to change the content of these terms at any time chosen by us.
 
3
Electronic communication
3.1
Palma Verde acknowledges by providing counterparty that electronic communications can serve as evidence.
3.2
The other party acknowledges in Palma Verde that electronic communications may serve as evidence.
 
4
Conclusion of the agreement and dissolution of the agreement
4.1
The agreement between Palma Verde and the other party is established when Palma Verde sends a receipt to the other party after correcting and sending the data by the other party required for delivery and billing / payment. This happens via electronic communication or indeed; e-mail.
4.2
Cooling period (dissolution agreement)
The other party can return the ordered products (except plants) within 7 days without giving reasons.
4.3
Not good money back (dissolution agreement)
Palma Verde guarantees that the products and services provided correspond to the one offered and described on the Palma Verde site.
4.4
Credit dignity (dissolution agreement)
Cancellation of the agreement is possible if there is doubt about the other party's creditworthiness. Palma Verde may terminate the agreement without giving reasons.
4.5
Deliveries
Cancellation of the agreement is possible if Palma Verde's maximum delivery deadline of 21 working days is exceeded. Other party should inform this by e-mail or by mail. There are no costs associated with this.
4.6
Shipping to all countries within the European Union (except the Netherlands, Belgium and Luxembourg) is at your own risk due to the longer travel time or loss of the parcel. We do not take responsibility for damage to plants.
 
5
Returns and return payments
5.1
Returns are understood to include all returned products. Plants must be returned to Palma Verde within 24 hours of receipt by the other party.
For other items, a period of 7 days is required if unopened or in closed packaging.
5.2
Items submitted for return shipments are inspected by Palma Verde within 24 hours for defects or missing items.
5.3
Cost returns
The cost of (return) transport / delivery will be borne by the other party.
5.4
The costs of repairing and / or replacing the original packaging will be borne by the other party.
5.5
The risk of damage or loss during the return shipment will be borne by the other party. Unless otherwise agreed in writing with Palma Verde. If an item is damaged by the other party, the other party must notify Palma Verde of this before returning the item.
5.6
If the other party is demonstrably guilty of the lack of articles and / or damage to content due to the inadequate packaging of the return, then the termination of the purchase agreement is not possible.
 
6
Return of purchase amount
6.1
If both parties agree that the agreement is terminated and the other party requests repayment of the purchase amount, Palma Verde will do this within a reasonable acceptable period (up to 14 days) on the account of the other party. Less of the costs mentioned in sections 5.3 to 5.6 of these terms.
 
7
Delivery of the missing
7.1
If the products are not delivered completely, the other party may request a postponement. Provided that the procedure is followed, which condition is described in Articles 8.1 to 8.10, the costs of this will be borne by Palma Verde.
 
8
Delivery and complaints about deliveries
8.1
Palma Verde strives for a delivery period of 1 week within the Netherlands if in stock.
Orders made by the importer (if not in stock importer) can not be realized within 1 week, the buyer is informed by Palma Verde about the expected delivery time.
Delivery takes place in consultation with the other party.
8.2.
All items sent directly from Palma Verde to the other party are subject to inspection on quality and content. The risk of damage etc. is borne by the transporter during transport.
8.3
The other party guarantees to Palma Verde that the delivered products are checked for content and quality within 24 hours.
8.4
Complaints about delivery, content or quality must be reported to Palma Verde by telephone or by mail. The other party will, after this telephone notice, confirm the substantiated complaint in writing within 7 days (24 hours for plants) of receipt of the products.
8.5
After reporting a complaint both by telephone and in writing (or mail), the other party will follow the instructions of Palma Verde at all times.
8.6
The other party is obliged to receive the package. The other party is informed by the seller of shipping by means of a track & trace code sent by mail.
If the package could not be delivered to the home due to the absence of another party, the package will be left at a post office. Of this, the other party is informed by means of a written notification by the package carrier.
If the package is not retrieved by the counterparty and therefore returned to the seller, the seller is not required to disclose the invoice amount to the other party in case of damage to the goods.
8.7
Palma Verde resumes delivery after the invoice amount has been received on the Palma Verde bank account and / or by cash or cash. 
8.8
The other party is responsible for the products described in Article 4.1 of these Terms, during transport (provided transport is not carried out by Palma Verde).
8.9
If the other party is not satisfied with the delivery of an article, it may do so in writing, after which Palma Verde may, in the best possible way, mediate in the dispute between the supplier and the other party.
8.10
After reporting a complaint both by telephone and in writing, the other party will follow the instructions of Palma Verde.
 
9
Packaging during delivery / carrier
9.1
It is Palma Verde who decides on the type of packaging material used for (return) deliveries.
9.2
It is Palma Verde who decides which carrier supplies the ordered items, provided that they are not transported by Palma Verde.
9.3
Palma Verde is not liable for damage caused to the delivery / order during transportation by third parties.
9.4
Palma Verde is not liable for delays made by carrier PostNL. For orders that may be cancelled/returned by the buyer due to delays by PostNL, the shipping costs will not be reversed, except for delays of more than 5 working days within the Netherlands and 7 working days abroad. 
 
10
Guarantees
10.1
On all products and services offered at the Palma Verde shop, the warranties apply which are provided by the manufacturer of the articles. Failure of defective items within the warranty period is changed free of charge on presentation of the invoice or invoice.
10.2
Unless there is gross negligence or negligence, Palma Verde is not liable for any consequential and / or damage caused by: (illicit) use, illness and / or teasing or defective items.
10.3
Palma Verde is not liable for any damage caused if the Palma Verde website is temporarily unavailable and / or available for orders.
10.4
The other party is responsible for the choice, use and application of the ordered.
10.5
Palma Verde is not liable for any effects of freezing on the declared winter hardness of the plants. Several factors may influence this. Also excluded from growth guarantee is the extinction of the plant due to dehydration overfertilization or misuse of pesticides.
10.6
Palm Verde and other plants delivered by Palma Verde are of good quality and well-rooted. On these palms and other plants you get 2 months warranty after purchase. The guarantee applies to all hardy plants planted in full soil. (For all plants, point 10.5 applies).
 
11
Prices, images and pot sizes
11.1
All mentioned prices are in Euro, including VAT.
Images come as good as possible with one of the original and supplied items, as far as type. However, differences per plant can never be excluded.
For gorges, ornamental grasses, deciduous trees and bushes, etc., in winter and early spring they have no or little green leaf.
11.2
Indicated pot sizes may also differ, plants may be planted in a smaller or larger flowerpot than indicated on the website.
 
12
Ownership reservation
12.1
If the other party has fulfilled its obligations to Palma Verde, the other party is legally owner of the purchased.
12.2
If a counterparty can not fulfill the obligations to Palma Verde, it is ordered immediately due by Palma Verde.
12.3
The other party may not charge, sell, deliver or alienate it before the obligations to Palma Verde have been met.
 
13
Payments
13.1
If Palma Verde allows the other party to buy "on account" or under remittance, a different payment period than stated in these terms and conditions will apply. Other terms remain valid. For questions or information about this please contact Palma Verde via email.
13.2
If an invoice is not fulfilled within Palma de Mallorca within 14 days, an interest on the total invoice amount will be calculated from 2% per month from the time of overrunning. Seeing a partial month as complete.
13.3
If Palma Verde considers it necessary to take collective and / or enforcement measures repeatedly after the other party, all costs for these judicial and extrajudicial measures shall be borne by the other party.
The other party will be charged extrajudicial costs, 15% of the principal and retirement interest with an absolute minimum of € 55.00.
Note:
By direct debit, the full invoice amount, ie 100% of the purchase price, will be charged - or. written off.
13.4
All our debt collection work is carried out by IM Nederland Credit Management Services BV. All costs incurred by IM Netherlands Credit Management Services BV are also at the expense of the other party.
 
14
Other provisions
14.1
The offers made by us, signed agreements and conditions, are subject to Dutch law only.
For more information about these conditions, please contact Palma Verde.
 
15
Guarantee plant bins / ponds / pond walls and accessories
15.1
On the products supplied by Palma Verde, a warranty is given at the factory, this so-called factory warranty is decisive.
15.2
However, if our supplier or manufacturer responds to a short warranty period, that shorter term will apply as the guarantee period agreed between the customer and Palma Verde.
15.3
The obligations arising from the warranty never exceed the supplier's requirements
Palma Verde and / or the manufacturer of the product and / or products are held in accordance with the warranty terms and conditions of the supplier and / or manufacturer.
15.4
Deviations from the supplied color, abrasion resistance and the like, which from a technical point of view
Acceptable in accordance with current customary standards can not give rise to any claim as a result of, nor lead to, the obligation to replace the delivered and / or damages.
15.5
The customer is obliged to take note of the attached warranty terms and is aware that he can further inform himself on the supplier's website.
15.6
Manufacture errors and resulting costs from a customer can not give rise to any claim due to, or cause any damages, or liability.
15.7
The customer will never be able to rely on the warranty if the defect arises due to improper assembly, improper or improper use or when, without the written permission of Palma Verde, the customer or third parties have made changes or attempt to apply the product and / or products and / or this product and / or products have been used for purposes for which the product and / or products are not intended.