Terms and Conditions
General Terms and Conditions | Ihaveacactus |
Table of contents:
Article 1 - Definitions
Article 2 - Identity of Ikhebeencactus
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the Ikhebeencactus upon withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 – Disputes
Article 18 - Circumstances over which Ikhebeencactus has no control
Article 19 - Additional or deviating provisions
Article 1 - Definitions
In these conditions the following definitions apply:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by Ikhebeencactus or by a third party on the basis of an agreement between the third and Ikhebeencactus ;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable data carrier: any tool - including e-mail - that enables the consumer or Ikhebeencactus to store information that is personally addressed to him in a manner that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
9. Ikhebeencactus: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
10. Distance agreement: an agreement concluded between Ikhebeencactus and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is used up to and including the conclusion of the agreement is made of one or more techniques for remote communication;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
12. Remote communication technology: means that can be used to conclude an agreement, without the consumer and Ikhebeencactus having to be in the same room at the same time.
Article 2 - Identity of Ikhebeencactus
I have a cactus
A: Business address Maatlat 9F, Limmen (NO VISITING ADDRESS)
E: info@Ikhebeencactus
W: www.Ikhebeencactus.nl
T: +31(0)631355299
Chamber of Commerce: 69518122
VAT NL098659728B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer from Ikhebeencactus and to every distance contract concluded between Ikhebeencactus and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before concluding the distance contract, Ikhebeencactus will indicate how the general terms and conditions can be viewed at Ikhebeencactus and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most appropriate for him. is favorable.
5. The application of certain delivery or payment conditions or general terms and conditions by the consumer to Ikhebeencactus is explicitly rejected.
6. The general terms and conditions also apply to a transaction with the consumer when Ikhebeencactus uses a third party to carry out the transaction.
7. Deviations or additions to the general terms and conditions during an individual transaction only apply to that specific transaction and have no general validity. They are only valid if this has been confirmed in writing by the consumer and Ikhebeencactus.
8. If one or more parts of the general terms and conditions are declared partially or completely invalid, the other terms and conditions remain applicable.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If Ikhebeencactus uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind Ikhebeencactus.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.
4. Offers and/or quotations drawn up by Ikhebeencactus are without obligation, unless a term for acceptance is part of the offer.
5. Ikhebeencactus is not obliged to deliver a product for the price stated in an offer if this price is based on a printed or written error or is based on an obvious error.
6. The consumer is not entitled to a lower price if a specific item is offered at a lower price by another sales channel or another Ikhebeencactus related company.
7. Images, drawings, dimensions and other descriptions of goods sold are as accurate as possible, but are not legally binding. Minor deviations are permitted and do not give the consumer any legal rights.
Article 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
2. If the consumer has accepted the offer electronically, Ikhebeencactus will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Ikhebeencactus, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, Ikhebeencactus will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Ikhebeencactus will take appropriate security measures.
4. Ikhebeencactus can, within legal frameworks, inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, Ikhebeencactus has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. Ikhebeencactus will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the Ikhebeencactus branch where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s). The cacti, succulents and other living plants of Ikhebeencactus fall under perishable goods and are therefore excluded from the right of withdrawal.
2. Exchanges are not immediately possible with products that may spoil within the statutory 14-day cooling-off period. This includes all our cacti, succulents and other plants. Because it cannot be guaranteed that the cacti have been properly cared for by the customer, they cannot be returned.
3. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
o if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
o if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
o in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
For services and digital content that is not supplied on a tangible medium:
3. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium during 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that is not delivered on a tangible medium if you do not inform yourself about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
Article 1 - Definitions
Article 2 - Identity of Ikhebeencactus
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the Ikhebeencactus upon withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 – Disputes
Article 18 - Circumstances over which Ikhebeencactus has no control
Article 19 - Additional or deviating provisions
Article 1 - Definitions
In these conditions the following definitions apply:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by Ikhebeencactus or by a third party on the basis of an agreement between the third and Ikhebeencactus ;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable data carrier: any tool - including e-mail - that enables the consumer or Ikhebeencactus to store information that is personally addressed to him in a manner that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
9. Ikhebeencactus: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
10. Distance agreement: an agreement concluded between Ikhebeencactus and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is used up to and including the conclusion of the agreement is made of one or more techniques for remote communication;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
12. Remote communication technology: means that can be used to conclude an agreement, without the consumer and Ikhebeencactus having to be in the same room at the same time.
Article 2 - Identity of Ikhebeencactus
I have a cactus
A: Business address Maatlat 9F, Limmen (NO VISITING ADDRESS)
E: info@Ikhebeencactus
W: www.Ikhebeencactus.nl
T: +31(0)631355299
Chamber of Commerce: 69518122
VAT NL098659728B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer from Ikhebeencactus and to every distance contract concluded between Ikhebeencactus and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before concluding the distance contract, Ikhebeencactus will indicate how the general terms and conditions can be viewed at Ikhebeencactus and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most appropriate for him. is favorable.
5. The application of certain delivery or payment conditions or general terms and conditions by the consumer to Ikhebeencactus is explicitly rejected.
6. The general terms and conditions also apply to a transaction with the consumer when Ikhebeencactus uses a third party to carry out the transaction.
7. Deviations or additions to the general terms and conditions during an individual transaction only apply to that specific transaction and have no general validity. They are only valid if this has been confirmed in writing by the consumer and Ikhebeencactus.
8. If one or more parts of the general terms and conditions are declared partially or completely invalid, the other terms and conditions remain applicable.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If Ikhebeencactus uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind Ikhebeencactus.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.
4. Offers and/or quotations drawn up by Ikhebeencactus are without obligation, unless a term for acceptance is part of the offer.
5. Ikhebeencactus is not obliged to deliver a product for the price stated in an offer if this price is based on a printed or written error or is based on an obvious error.
6. The consumer is not entitled to a lower price if a specific item is offered at a lower price by another sales channel or another Ikhebeencactus related company.
7. Images, drawings, dimensions and other descriptions of goods sold are as accurate as possible, but are not legally binding. Minor deviations are permitted and do not give the consumer any legal rights.
Article 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
2. If the consumer has accepted the offer electronically, Ikhebeencactus will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Ikhebeencactus, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, Ikhebeencactus will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Ikhebeencactus will take appropriate security measures.
4. Ikhebeencactus can, within legal frameworks, inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, Ikhebeencactus has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. Ikhebeencactus will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the Ikhebeencactus branch where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s). The cacti, succulents and other living plants of Ikhebeencactus fall under perishable goods and are therefore excluded from the right of withdrawal.
2. Exchanges are not immediately possible with products that may spoil within the statutory 14-day cooling-off period. This includes all our cacti, succulents and other plants. Because it cannot be guaranteed that the cacti have been properly cared for by the customer, they cannot be returned.
3. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
o if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
o if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
o in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
For services and digital content that is not supplied on a tangible medium:
3. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium during 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that is not delivered on a tangible medium if you do not inform yourself about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the reflection period
1. 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 determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
2. The consumer is only liable for any reduction in value of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if Ikhebeencactus has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he must report this to Ikhebeencactus within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) Ikhebeencactus. This is not necessary if Ikhebeencactus has offered to collect the product itself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Ikhebeencactus.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If Ikhebeencactus has not stated that the consumer must bear these costs or if Ikhebeencactus indicates that it will bear the costs itself, the consumer does not have to bear the costs for return.
6. If the consumer revokes after first having expressly requested that the performance of the service or the supply of gas, water or electricity that are not prepared for sale in a limited volume or specified quantity commences during the cooling-off period, the consumer is Ikhebeencactus an amount is due that is proportional to that part of the obligation that has been fulfilled by the Ikhebeencactus at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
a. prior to its delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;
b. he has not acknowledged that he loses his right of withdrawal when granting his consent; or
c. Ikhebeencactus has failed to confirm this consumer statement.
8. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of Ikhebeencactus upon withdrawal
1. If Ikhebeencactus enables the notification of withdrawal by the consumer electronically, it will immediately send a confirmation of receipt after receiving this notification.
2. Ikhebeencactus will reimburse the consumer's purchase price, including any delivery costs charged by Ikhebeencactus for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless Ikhebeencactus offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
3. If the returned items are part of the order and items are also kept, only the amount of this item will be refunded.
4. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
6. The Ikhebeencactus uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
7. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Ikhebeencactus does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of right of withdrawal
Ikhebeencactus can exclude the following products and services from the right of withdrawal, but only if Ikhebeencactus has clearly stated this in the offer, at least in time before concluding the agreement:
1. Products or services whose price is subject to fluctuations in the financial market over which Ikhebeencactus has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by Ikhebeencactus to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful the bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the execution has started with the express prior consent of the consumer; and
b. the consumer has stated that he loses his right of withdrawal as soon as Ikhebeencactus has fully executed the agreement;
4. Package trips as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
5. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
6. Agreements relating to leisure activities, if the agreement provides for a specific date or period of execution;
7. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
10. Products that are irrevocably mixed with other products after delivery due to their nature;
11. Alcoholic drinks, the price of which was agreed upon when concluding the agreement, but delivery of which can only take place after 30 days, and whose actual value depends on market fluctuations over which Ikhebeencactus has no influence;
12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
14. The supply of digital content other than on a tangible medium, but only if:
a. the execution has started with the express prior consent of the consumer; and
b. the consumer has stated that he thereby loses his right of withdrawal.
Article 11 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, Ikhebeencactus may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which Ikhebeencactus has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if Ikhebeencactus has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 12 - Compliance with agreement and additional warranty
1. Ikhebeencactus guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. If agreed, Ikhebeencactus also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by Ikhebeencactus, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Ikhebeencactus under the agreement if Ikhebeencactus has failed to fulfill its part of the agreement.
3. An additional guarantee means any obligation of Ikhebeencactus, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the contract. agreement.
4. I have a cactus that produces living plants. The warranty on these products expires after 7 days when they have arrived alive and well at the consumer.
Article 13 - Delivery and execution
1. Ikhebeencactus will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has provided to Ikhebeencactus.
3. Taking into account what is stated in Article 4 of these general terms and conditions, Ikhebeencactus will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs.
4. After dissolution in accordance with the previous paragraph, Ikhebeencactus will immediately refund the amount paid by the consumer.
5. Delivery conditions as indicated by Ikhebeencactus may not be regarded as absolute. In the event that a delivery is delayed by a reasonable amount of time and is not the fault of Ikhebeencactus, the consumer cannot claim compensation.
6. The risk of damage and/or loss of products rests with Ikhebeencactus until the moment of delivery to the consumer or a representative designated in advance and made known to Ikhebeencactus, unless expressly agreed otherwise.
7. If Ikhebeencactus is liable for compensation for a delay in delivery, the maximum amount due is the profit that Ikhebeencactus would make on the product in question. Ikhebeencactus will never be liable for loss of profit, losses, costs or immaterial damage, such as emotional or stagnation.
8. If ordering an ordered product is no longer possible, Ikhebeencactus will make every effort to deliver a replacement product. The consumer is informed that the delivered product is a replacement. The consumer has the right to cancel the purchase of the product if the consumer does not want a replacement product.
Article 14 - Duration transactions: duration, cancellation and extension
Termination:
1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period. of a maximum of one month.
3. The consumer can cancel the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or in a specific period;
- at least cancel in the same manner as they were entered into by him;
- always cancel with the same notice period as Ikhebeencactus has stipulated for itself.
Extension:
4. An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
5. Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer extended it. may terminate the agreement at the end of the extension with a notice period of no more than one month.
6. An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. A limited-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration:
8. 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 dictate against termination before the end of the agreed duration. to postpone.
Article 15 - Payment
1. The aim is that all goods sold by Ikhebeencactus have been paid for by the consumer before delivery, unless expressly agreed otherwise by both parties.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to Ikhebeencactus.
4. All prices quoted by Ikhebeencactus include VAT and any insurance against damage, loss and/or theft until the moment of delivery to the consumer or
his/her representative, unless otherwise agreed.
5. If the consumer does not fulfill his payment obligation(s) on time, after Ikhebeencactus has informed him of the late payment and Ikhebeencactus has granted the consumer a period of 14 days to still fulfill his payment obligations, after If payment is not made within this 14-day period, statutory interest will be owed on the amount still owed and Ikhebeencactus is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. Ihavebeencactus may deviate from the amounts and percentages mentioned for the benefit of the consumer.
6. The seller has the right of possession of the purchased goods by the consumer until payment has been made.
Article 16 - Complaints procedure
1. Ikhebeencactus has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to Ikhebeencactus within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to Ikhebeencactus will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Ikhebeencactus will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give Ikhebeencactus at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer should first contact Ikhebeencactus. If the online store is affiliated with Stichting WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is not yet found, the consumer has the option to have his complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint by the consumer of clearly visible shortcomings or damage to delivered goods is only valid if the consumer has described these shortcomings or damage on the receipt of the delivering party or the airway bill or the sender has created a protocol.
7. The burden of proof that the delivered goods do not correspond to what was agreed lies with the consumer.
8. Minor deviations in dimensions, color, shape or packaging of delivered goods do not give the consumer the right to cancel or refuse delivery or a claim for damages.
9. Complaints reported by the consumer after which it appears that changes have been made to the delivered goods by the consumer or a third party will be declared unfounded. This terminates the consumer's right to cancellation or to claim compensation.
10. made within 14 days will not be considered at all if a third party has made changes or repairs to the delivered goods.
Article 17 - Disputes
1. Agreements between Ikhebeencactus and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes that may arise between Ikhebeencactus and the consumer will be submitted to the competent judge of the Haarlem Court.
3. The seller's liability will be waived in the event of incapacity, in which case due to temporary or ultimate inability to deliver, the seller has the right to cancel the agreement in whole or in part.
4. Ikhebeencactus is never liable for damage or wear and tear caused by the use of sold goods.
5. In any case, the seller's liability will be limited to a maximum of 100% of the amount received. The seller is never liable for loss of profit, losses or expenses, immaterial damage such as emotional or stagnation for the consumer.
6. Ikhebeencactus is not liable for damage caused by software failure, including the presence of a virus, unless the damage is caused by the seller or one of his employees through purposes or gross negligence.
Article 18 – Circumstances over which Ikhebeencactus has no control.
1. Circumstances beyond control means: Any situation in which the seller is unable to fulfill its obligations due to a situation beyond the seller's control and the seller may be held liable under laws or warranties.
2. If, after an agreement, it appears that delivery by the seller will be difficult or limited due to unattended circumstances, the seller has the right to cancel the agreement or postpone delivery, in which case the seller will inform the consumer of this as soon as possible report, depending on the circumstances.
3. Conditions beyond control, if not already clear from point 1, in particular war, threat of war, civil war, riots, disease, natural disaster, new laws affecting imports, new laws affecting the supply of parts, materials, raw materials, semi-manufacturing, transport problems, including traffic jams, strikes or labor unrest, interruption of the energy supply, fire and other disruptions at Ikhebeencactus or its suppliers. It is also explicitly stated that Ikhebeencactus' suppliers do not deliver.
4. In the event of uncontrollable circumstances and in the event of non-compliance by Ikhebeencactus, Ikhebeencactus has the right to postpone delivery until circumstances have changed or if delivery has not yet taken place to cancel the agreement without being liable for any damages as described in Article 78 in Book 6 of the Civil Code.
5. Ikhebeencactus cannot be held liable if the import of goods does not comply with the legislation of the importing country. This risk is borne by the consumer.
Article 19 - 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.
Appendix I: Model withdrawal form
Model withdrawal form
(only complete and return this form if you wish to withdraw from the agreement)
- To: [name Ikhebeencactus]
[geographical address Ikhebeencactus]
[fax number I have a cactus, if available]
[email address or electronic address of Ikhebeencactus]
- I/We* hereby inform you that I/We* agree with you regarding our agreement
the sale of the following products: [product designation]*
the supply of the following digital content: [digital content designation]*
the provision of the following service: [service designation]*,
revoked/revoked*
- Ordered on*/received on* [date of order for services or receipt for products]
- [Name of consumer(s)]
- [Consumer(s) address]
- [Signature of consumer(s)] (only when this form is submitted on paper)
* Delete what is not applicable or fill in what is applicable.
(Download the Terms and Conditions as PDF file.)