Article 1: Applicability
1.1.These general conditions apply to all offers, orders and agreements with Artiplant and replace all previous conditions under agreements entered into between parties. Artiplant is established at the Amstelveenseweg 990a, 1081JS Amsterdam, KvK Amsterdam, Reg.no. 52.85.68.95.,VAT no.NL195542794.B.02.
1.2 The applicability of conditions that deviate from these general conditions is hereby explicitly rejected, unless Artiplant has explicitly agreed the deviating conditions in writing, in which case the non-deviating provisions of this conditions remain in full effect.
1.3 By using the website of Artiplant and / or placing an order, the buyer accepts these general conditions as well as all other rights and obligations as listed on the website. When placing an order, you check the box to indicate that you agree with the content and applicability of the General Conditions.
1.4 Artiplant is authorized to enable third parties in the implementation of the agreement with a buyer.
Article 2: Offers and establishment of agreements
2.1 All offers of Artiplant need to be considered as being a non-binding invitation to the potential buyer to make an offer and are non-binding. Artiplant expressly reserves the right to change the prices mentioned in the offer or to revoke the offer after acceptance.
2.2 An agreement is only established after confirmation by Artiplant, that Artiplant has accepted the order / the offer of the buyer. If the order was placed online with provided e-mail address, the confirmation is sent per e-mail to the e-mail address provided. The electronic files of Artiplant will be considered evidence for the existence of the agreement.
Article 3: Prices
3.1 All prices are in Euros inclusive of VAT.
3.2 Shipping- or transport costs are not included in the price.
3.3 See customer services on our website for the height of the shipping costs, unless they have been explicitly mentioned in the quote.
Article 4: Payment
4.1 All products need to have been paid in full prior to delivery. Payment occurs by means of bank transfer on account number 11.78.33.363 in the name of Artiplant in Amsterdam, multisafePay and credit card. 4.2 Post-payment is only possible if it has been agreed in writing. In that case the payment due date is 30 days after the invoice date and the buyer is in default in case of nonpayment within the set term. In case of default, buyer is due 2% interest per month over the amount due to Artiplant. If Artiplant needs to make extrajudicial costs in order to collect the amount due by the buyer, buyer is due these costs in addition to the before mentioned interest, with a minimum of € 100.
Article 5: Delivery and delivery time
5.1 Orders are delivered as soon as possible, in principle within 5 work days, and at the latest within 30 days after ordering, unless expressly agreed otherwise with the buyer. After 30 days the buyer has the right to cancel the purchase without at no costs.
5.2 If an article cannot be delivered on time, you will be notified of this by phone or by e-mail.
5.3 Deliveries occur on the delivery address specified by the buyer.
5.4 It is at the expense and the risk of the buyer, that the delivery can be made at the specified address on the time agreed. If the delivery cannot be made, the costs of the unavailing transport are at the expense of buyer.
5.5 As soon as the products to be delivered have been delivered at the delivery address specified, the risk concerning the articles delivered is transferred to the buyer.
Article 6: Retention
6.1 The property of the articles is, notwithstanding the actual delivery, only transferred to the buyer after the buyer has fully complied with his payment obligation and other obligations towards Artiplant. Unless agreed otherwise.

Article 7: Warranty and right of return
7.1 Artiplant guarantees the manufacturer?s warranty of the products delivered, all products we deliver are in accordance with the agreement and meet the specifications mentioned in the offer. This warranty provision applies without prejudice to the rights and claims that the Law assigns to the buyer.
7.2 Claim to warranty expires if, service, repair services, restoration or other work has been performed on the product by parties other than those specified by the manufacturer.
7.3 All plants are delivered in high quality. Artiplant does not guarantee regrowth of plants delivered, since we can?t determine on the spot if the plants have been taken care of properly and if they have the proper soil type and / or location. We appreciate customers immediately contacting Artiplant in case of any doubt, so that we can provide the customer with tips.
7.4 With all plants delivered, Artiplant provides a 72 hour freshness guarantee. This guarantee expires if delivery of the plants has been subject to delay, because they haven?t been accepted by the buyer or if the buyer hasn?t observed the precautionary advice. In case of loss of quality within 72 hours, the buyer is required, under penalty of expiry of claims and in deviation of article 11, to notify Artiplant of this in writing or per e-mail, with attached photographic material, at the latest within 3 days after receipt.
7.5 Artiplant is not required to retrieve plants delivered that do not do well, or do not suffice due to other causes according to the buyer.

Article 8: Reflection period
8.1 A consumer has the right to return the products ordered to Artiplant, within 14 days after date of receipt, without provision of reason, with reimbursement of payment. In that case the costs of packaging and shipment are at the expense of the consumer. Articles that were especially ordered and adjusted for the consumer (for instance a set of pot and plant entirely created) as well as plants are excluded from the right of return.
8.2 If the buyer has already performed payments at the moment the buyer revoked the agreement, Artiplant will reimburse these payments within 30 days after receipt of the returned product.
8.3 Artiplant reserves the right to refuse returned product or to reimburse a portion of the amount paid if the suspicion exists that the product has been used, or was damaged.

Article 9: Force Majeure
9.1 In case of Force Majeure on the part of Artiplant, Artiplant is not required to fulfill her obligations towards the buyer for the duration of this Force Majeure, or the obligation is temporarily suspended. If the Force Majeure lasts longer than 30 days, the agreement can be dissolved by the buyer without judicial intervention, without Artiplant being required to pay compensation of damages.
9.2 Force Majeure includes every circumstance independent from the will of Artiplant, which fully or partly hampers fulfillment of her obligations towards the buyer. These circumstances include fire, corporate-, power disruptions, strikes, non- or non-timely delivery of suppliers, plant diseases.
9.3 In addition Force Majeure includes disruptions in a (telecommunications-) network or connection or utilized communication systems and / or the unavailability of the website at any time.

Article 10: Intellectual property
10.1 All rights (including copyright, trademarks, patents and other intellectual property rights) with regard to all information provided o nor through this website (including all texts, graphic material and logos) belong to Artiplant. It is explicitly prohibited to copy, download or publicly disclose, distribute or duplicate information on this website in any way without prior written consent of the rightful claimant. You are allowed to print and / or download the information on this website for your own personal use.

Article 11: Reclamation
11.1 Reclamations concerning products delivered by Artiplant need to be submitted to Artiplant within reasonable time, however at the latest within 8 days after delivery, in writing or per e-mail, failing of which will lead to a forfeit of claims.
11.2 Returned articles are not accepted unless prior written acceptance by Artiplant. In case of damage to articles due to damage or other reasons, digital photo material needs to be included with the complaint for clarification.
11.3 If a complaint that was submitted in a timely manner of that was accepted by Artiplant is found valid, Artiplant is, at best, only required to reimburse the value of the products originally delivered or to replace them with articles of similar quality and price.
11.4 Exceedence of the delivery time does not give right to compensation of damages. Exceedence of the delivery time only gives right to cancellation or dissolution of the agreement if it is longer than thirty days.

Article 12: Rejection of applicability
12.1 Artiplant accepts no applicability in respect of direct, indirect, special, incidental, immaterial or consequential damage (including loss of profit) regardless whether or not Artiplant was informed about the possibility of this damage occurring that in any way arises from, but is not necessarily limited to (i) defects, viruses or other imperfections of equipment and other software in connection with the access to or the use of this website, (ii) the information offered on or through this website, (iii) the interception, change or unlawful use of information sent to Artiplant or you, (iv) the operation or the unavailability of this website, (v) abuse of this website, (vi) loss of data, (vii) downloading or using software that is provided through this website or (viii) third party claims in connection to the use of this website.

Article 13: Applicable Law
13.1 To all offers and agreements to which these conditions apply, Dutch Law exclusively applies.
13.2 All disputes connected to or arising from offers or agreements entered into with Artiplant, are subject to the competent court in Amsterdam.
Article 14: Personal information and information management 14.1 If you place an order with Artiplant, your details are included into the customer file of Artiplant, in order to process your order. Artiplant complies with the Privacy Act (Wet Bescherming Persoonsgegevens, WPB).
5.2 Artiplant respects the privacy of the users of the website and takes care of a confidential and discrete handling of your personal information.
5.3 Unless the buyer has indicated that he/she does not appreciate this, the information of the buyer will be included in a central file o Artiplant. This information will be used to keep the buyer completely up to date concerning the business and services of Artiplant. The processing of the buyer information will occur in compliance with the applicable legislation and regulation.
5.4 If desired, the buyer can gain access to the information stored about the buyer in the Artiplant file. The buyer is authorized to demand changes made to the information, if the information is not correct.
Article 15: Miscellaneous
15.1 Artiplant processes the personal information of the buyer exclusively for her own purposes. The personal information is not provided to third parties.
15.2 Agreements are entered into in the Dutch language.
15.3 Artiplant makes the greatest possible effort to ensure topical and correct information on her website. Nevertheless, the buyer cannot make any claims based on any incorrect information and / or mistakes in article descriptions and prizes.
15.4 Efforts are made to have the images reflect reality as accurately as possible.
15.5 Artiplant reserves the right to change the information offered on or through this website, including the text of these general conditions, at all times, without notification. It is recommended to verify regularly if the information provide don or through this website, including these general conditions, has changed.
15.6 If any provision from these conditions turns out to be ineffective, this provision is interpreted in line with the agreement to the extent possible and the other provision remain in full effect.