TERMS AND CONDITIONS

These are the terms and conditions (afterwards referred to as: "Terms and conditions") of SPECIAL HOUSEPLANTS with registered address at Asterstraat 3, 3590 Diepenbeek, Belgium and registered in Belgium under THEGAN BV with registered business number (KBO) 0803.071.908 with VAT number BE0803.071.908.

Section 1 - Scope

These terms and conditions are applicable on every quote, offer and on every agreement made related to goods and/or services offered by us.

Section 2 - Offers

Our offers are solely indicative and without obligation and expire when not accepted within 30 calendar days by the Customer. Offers are only legally valid after agreement by signature of the offer by both the Customer and us. We reserve the right to, at all times, refuse certain assignments, requests, service, without mentioning a reason.

Section 3 - Price and payment

The price for our goods/services is the one mentioned on our offer.

Our invoices are payable within 14 days after receipt, unless the offer is explicitly mentioning a different payment term agreed upon. In case a prepayment is requested we will only start our activities after the prepayment has been fully received.

For every delay in payment after the due date, the Customer is legally obliged to a late payment interest of 1%, without pre-notice of default, of 1% for every month started and by which every started month is equal to a full month. This late payment interest excludes any indemnification costs or charges. Also, legally and without pre-notice of default there is a fixed remuneration due of 10% of the invoiced amount with a minimum of 250 euro as indemnification, on top of the loss of time and the legal and juridical costs. This damage clause will not undo the obligation to pay the late payment interests owed.

Disputes need to be addressed to us within 5 working days after the invoice date by registered mail, otherwise we will reserve the right to declare it inadmissible.

Section 4 - Duration of the agreement and termination

Our agreements are executed as determined and agreed upon in our offer. We reserve the right to unilaterally, and without any legal intervention, terminate this agreement in case the Customer is in state of bankruptcy or placed under judicial settlement or in case the Customer fails to pay invoices due.

Section 5 - Intellectual property

Our website, logos texts, photos, names and in general all our communications are protected under intellectual property rights either by us, or third parties we work with or other rightful claimants.

Under intellectual property rights we understand patent-, author-, brand-, drawing-, designrights and/or other (intellectual property) rights, under which might be technical patents and/or commercial knowhow, methods and concepts.

It is forbidden to use and/or change intellectual property rights as described in this section. The Customer is not allowed to use, copy or reproduce our drawings, photos, names, texts, logos, color combinations, et cetera... without formal pre-approval in writing by us.

Section 6 - Confidentiality and Privacy

We are responsible for your identity information and the processing of these in conformity with GDPR legislation.

For more information on how we process your personal information we refer to our Privacy and Cookie policy.

Section 7 - Liability

We are not liable unless for damages caused by gross negligence or willful misconduct. Also, we are not liable for any direct or indirect damages (like consequential damages, loss of profit, missed savings or damage because of business stagnation) whereof we have not explicitly determined our liability in these terms and conditions. In any case, our liability will be limited to the amount of the price agreed in the order (excluding VAT).

Of course, we will put everything in place to grant access to our website 24/7. Considering technical characteristics of the internet and information technology and related to the necessity to periodically perform maintenance, updates or upgrades, we cannot guarantee uninterrupted access and service. In case of normal acceptable interruption or disruption of the access to our services, we will put all means in place to resolve this as soon as possible. Such normal acceptable interruption or disruption are common to services provided via the internet and cannot be seen as shortcoming.

Section 8 - Force Majeure

In case of force majeure, we are not bound to keep our agreements and commitments. In this case we can opt to either delay our agreements and commitments for the duration of the force majeure, or to definitively cancel the agreement and commitment.

Force majeure is every circumstance outside of our will and control which prevents the fulfillment of our commitments and agreements partly or completely. Not limited to these examples we understand as force majeure: strikes, unexpected traffic, accidents on roads, fires, business failures, power failures, failures in a telecommunication network or connection or used communication systems and/or at any moment the unavailability of the website, no or not in time deliveries from our suppliers or other third parties involved,...

Section 9 - Void and incompleteness

These terms and conditions form the complete agreement between the Customer and us, in relation to the subjects addressed in these terms and conditions.

In case one or more provisions from these terms and conditions, at any moment, in full or partly, are deemed illegal, void or for any other reason are not enforceable, then this clause will be excluded from the terms and conditions, and it will not impact the legality and enforceability of the other provisions made.

Section 10 - Jurisdiction and applicable law

For all legal disputes coming forward from agreements or commitments made only Belgian law is applicable. In case of disputes only the courts and tribunals of the legal district of our registered address are competent to judge.

TERMS AND CONDITIONS WEBSHOP

Section 1 - Identify of the seller

We are: THEGAN BV
Address: Asterstraat 3, 3590 Diepenbeek, Belgium
Email address: info@specialhouseplants.be
Telephone number: +32 479 96 32 65 or +32 479 37 96 42
Company registration number: 0803.071.908
VAT number: BE 0803.071.908
Bank account (IBAN): BE74 7512 1249 4607

Section 2 - Applicability and conditions

Our terms and conditions are applicable on every offer of us as Webshop to you as Consumer (every private individual who acquires and/or uses marketed goods or services exclusively for non-commercial purposes).

We deliver in all Member States of the European Union. If your issued delivery address is in another country, we can refuse your order.

To be allowed to place an order, you must have reached the minimum age of 18 years. If you are not yet the age of 18 or above, we kindly ask you to let your parents or legal guardians to place the order for you. If we detect that an order is placed by a minor, we can refuse your order.

Placing an order on the website means explicit acceptance of our terms and conditions which are always accessible on the website.

If you order online, we will provide you, together with your order confirmation or latest with the delivery, a copy of our terms and conditions in a format you can save or print. We always advice you to do so.

If next to these terms and conditions there are supplementary exceptional terms applicable, the above will also be applicable for these exceptional terms. If our general terms and conditions contradict with the exceptional terms you can as a consumer always invoke the for you most favorable version of both.

Section 3 - Our offer and your order

If an offer has only a limited period of validity or if it's subject to exceptional terms, we will explicitly mention this in our offer.

We will always describe what we sell and how the ordering process will be as complete and accurate as possible. The description is at least sufficiently detailed to let you make a well-informed decision. If we use pictures, these will be a truthful reflection of the offered goods and/or services. To make mistakes is however human and if it's obvious that we've made a mistake, we are not obliged to deliver on the offer made.

Your order is complete, and the agreement is final as of the moment we confirm your order via email and as soon as the payment transaction has been approved by the payment provider. In case your payment provider refuses to agree with you payment to us, we cannot be held responsible for delivery delays and/or non-delivery of your order. We will not process payments for orders without a validated name of the registered card holder.

In order to buy a product, you simply have to add it to your shopping cart. Afterwards you will be asked to enter your contact information and invoicing details. In the next screen you will be asked to select how you want to be delivered: collection at our offices or delivery by Bpost. In the last step you will see an overview page of your order, in which you will have to accept our terms and conditions and confirm the payment. Once these steps are completed, your purchase is finalized.

Section 4 - The price

During the period mentioned in our offer, our prices will not change, except for price changes directly related to changes in sales tax (VAT) regulations.

Our prices are expressed inclusive of all taxes and VAT unless otherwise explicitly mentioned. We can decide to charge, on top of the purchase price, delivery costs. In this case this will be mentioned clearly before your purchase is finalized. The delivery cost charged is always including our service costs related to the shipment.

Section 5 - Payment

We can only accept payments through the payment module on our website.

To guarantee a safe online payment and the safeguarding of your identity information provided, our transaction details send over the internet, are encrypted with SSL technology. To be able to pay with SSL encryption you need no special software.

Section 6 - Right of withdrawal / Return

Plants, seeds, cuttings, flowers and other perishable products are excluded from the legal right of withdrawal because of their perishable nature during the withdrawal period. as mentioned in the article VI, 53, 4° of the Code of Economic Law. More information about the right of withdrawal, the refund policy and the return of other products can be found here.

Section 7 - Delivery

All goods and services will be delivered to the by yourself entered address.

When the article is in stock and your purchase is finalized before Saturday evening 10pm CET, your delivery will be handed over to our carrier on the next Monday. it will be offered to you within 5 working days for deliveries within Belgium. We only ship on Mondays because the majority of our products are life plants which are stress sensitive during transportation. By only shipping on Mondays, we limit the stress as much as possible as we avoid the risk of long layovers in distribution centers.

Our shipments are always at our risk. So you don't need to worry about products getting lost in transit. If however, you send back goods within 14 days after purchase because you rater not want to keep them, you are responsible for this transportation risk.

In case the goods delivered by us are damaged during transportation or don't match with the articles on the delivery note or don't match with the articles ordered, you have to let us know as soon as possible and certainly within 3 days after receipt. These articles need to be returned to us within 14 calendar days after receipt. We cannot be held responsible for any consequential damage because of late delivery or non-delivery by the carrier assigned by us. Our liability in such cases always remains limited to the value of the articles of which it's proven that they were not received by the Consumer.

Section 8 - Force Majeure

Section 9 - Intellectual property

Our website, logos texts, photos, names and in general all our communications are protected under intellectual property rights either by us, or third parties we work with or other rightful claimants.

It is forbidden to use and/or change intellectual property rights as described in this section. The Customer is not allowed to use, copy or reproduce our drawing, photos, names, texts, logos, color combinations, et cetera... without formal pre-approval in writing by us.

Section 10 - Complaints and disputes

Of course we hope that our Customers are 100% satisfied all the time. If you do have complaints about our services, you can contact us via email on: info@specialhouseplants.be. We will do our utmost to handle your complaint within 7 days.

Extrajudicial consumer disputes are under the authority of the Belgian Consumer Mediation Service. The Belgian Consumer Mediation Service can decide if they will handle the request or forward it to a qualified entity. You can contact the Belgian Consumer Mediation Service through this link: http://www.consumentenombudsdienst.be/nl.

For disputes with an international character you can also rely on the Online Dispute Resolution platform from the European Union through this link: http://ec.europa.eu/odr.

On all agreements we make with Customers, regardless of their residence, only Belgian law applies. In case of disputes, only the Belgian courts and tribunals are qualified. In case, for reasons of international law, there is another law to apply, we will, for the interpretation of the current terms and conditions reflect first to the Belgian law for Market Practices and Consumer Protection.