General Terms and Conditions

Table of Contents:

Article 1 – Definitions
Article 2 – Company Identity
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Performance of an Agreement and Extended Warranty
Article 8 – The Price
Article 9 – Delivery and Performance
Article 10 – Force Majeure
Article 11 – Data Processing
Article 12 – Payment
Article 13 – Applicable law and dispute resolution
Article 14 – Complaints Procedure
Article 15 – Entry into Force and Location of the General Terms and Conditions

Article 1 – Definitions
In these General Terms & Conditions, the following terms shall have the following meaning:

Cooling-off period: The period during which the Consumer can exercise their Right of Withdrawal;

Consumer: the natural person not acting in the capacity of a profession or business and a distance contract with the Company;

Day: calendar day;

Extended Agreement: a distance contract concerning a range of products and/or services, the supply and/or purchase is spread over time;

Durable Medium : every means that enables the Consumer or Company to store information addressed to them personally in a way that allows for future consultation and unaltered reproduction of the stored information.

Right of Withdrawal: : The right of the Consumer to withdraw from the distance contract during the cooling-off period;

Company: the natural or legal person who offers products and/or remote services and consumer services;

Distance contract : an agreement where in the context of a system organised by the Company for distance sale of products and/or services, one or more means of distance communication are used exlusively to conclude the agreement;

General Terms And Conditions: these General Terms and Conditions of the Company.

Article 2 – Company Identity

Garden Delight
Tinbergenstraat 26
7102JL Winterswijk

Telefoonnummer: 06-15204701

Trade Number: 82032181
VAT identification number: NL862312188B01

Article 3 – Applicability

These General Terms and Conditions apply to any Offer by the Company and to every concluded distance agreement or order between the Company and Consumer.

Before concluding a Distance Agreement, the text of these General Terms & Conditions will be made available to the Consumer free of charge.

If this is not reasonably possible, the Company shall indicate, before the Distance Agreement is concluded, in what way the General Terms & Conditions can be inspected and that they will be sent free of charge as soon as possible at the Consumer’s request.

If one of the provisions of the General Terms and Conditions is void, voidable or destroyed, the other provisions will remain in force and will be replaced without delay by a provision that approximates the intent of the original provision as closely as possible.

Situations that are not covered by these General Terms and Conditions must be assessed ‘in the spirit’ of the same.

Ambiguities regarding the interpretation or content of one or more provisions of these General Terms and Conditions should be interpreted ‘in the spirit’ of the same.

Article 4 – The Offer

If an Offer is of limited validity or is subject to Terms and Conditions, these shall be explicitly stated in the Offer.

An Offer from the Company is without obligation. The Company is entitled to change and update the Offer.

The Company cannot be held to its Offer if the Consumer can reasonably understand that the Offer, or a part thereof, contains an obvious mistake or error.

The Offer contains a complete and accurate description of the product offered. The images and specifications are indicative and cannot give rise to compensation or dissolution of the agreement.

Illustrations of products are a faithful representation of the products offered. The Company cannot guarantee that the displayed colours correspond exactly to the real colours of the products.

All Offers shall contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the Offer. This concerns, in particular:

  • The price including taxes;
  • Any costs of delivery;
  • How the Agreement will be concluded and what actions are required;
  • Whether or not the Right of Withdrawal applies;
  • The period during which the Offer may be accepted, or the period within which the Company guarantees the price;
  • The rate for distance communication if the cost of using the technology for distance communication is calculated on a basis other than the regular base rate for the means of communication used;
  • Whether the Agreement will be archived after its conclusion and if so, how the Consumer may consult it;
  • The manner in which the Consumer, before concluding the Agreement, can check the data they have provided in the context of the Agreement and correct it if so desired;
  • Any languages other than Dutch in which the agreement may be concluded;
  • The codes of conduct which the Company applies and the manner in which the Consumer can consult these codes of conduct by electronic means; and
  • The minimum duration of the Distance Contract in the event of an Extended Agreement.
  • Optional: available sizes, colours, type of materials.

Article 5 – The Agreement

Subject to the provisions in paragraph 4, the Agreement becomes valid when the Consumer has accepted the Offer and fulfilled the Terms and Conditions set.

If the Consumer accepted the Offer by electronic means, the Company shall promptly confirm receipt of having accepted the Offer by electronic means. As long as the receipt of this acceptance is not confirmed by the Company, the Consumer may dissolve the agreement.

If the Agreement is concluded by electronic means, the Company shall take suitable technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Consumer is able to pay electronically, the Company will take appropriate security measures.

The Company may, within the limits of the law, gather information about the Consumer’s ability to fulfil its payment obligations, as well as all facts and factors relevant to responsibly concluding the remote agreement. If, based on this investigation, the Company has good grounds not to conclude the agreement, the Company is entitled to refuse an order or request, stating the reasons for doing so, or to attach special conditions to the implementation of the agreement.

The Company shall send the Consumer the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a durable information carrier:

  • the Terms and Conditions under which and regarding the way in which the Consumer can make use of the Right of Withdrawal, or a clear notification in the event of the exclusion of the Right of Withdrawal;
  • information about warranties and service after purchase;
  • information stated in Article 4 paragraph 3 of these Terms and Conditions, unless the Company has already provided this information to the Consumer before performing the Agreement;
  • the requirements for termination of the Agreement if the Agreement has a term of more than one year or is indefinite.
  • In the case of a Extended Agreement, the stipulation in the previous paragraph only applies to the first delivery.
  • Each Agreement is entered into on the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

With the delivery of products:

The Consumer has the option to dissolve the Agreement without stating reasons during 10 days. When purchasing the products, the reflection period starts on the day after receipt of the product by the Consumer or a third party designated by the Consumer (not the carrier).

If the delivery consists of several shipments or parts, the reflection period starts on the day of receipt of the last shipment or part.

During the cooling-off period, the Consumer should handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary to judge whether they wish to keep the product.

If the Consumer wishes to invoke their Right of Withdrawal, they must return the product with all accessories supplied and if reasonably possible in the original condition and packaging to the Company in accordance with the instructions strengthened by the Company.

The Consumer is only liable for the depreciation of the product that is caused by the way of handling the product which went further than permitted in paragraph 2 of this article.

If the Consumer makes use of their Right of Withdrawal, at most they will bear the costs of the return shipment.

Any amount paid by the Consumer will be refunded by the Company as soon as possible but no later than 14 days after the withdrawal. This is subject to the condition that the product has been received by the Company and that the requirements of paragraph 3 of this article have been met.

Article 7 – Performance of an Agreement and Extended Warranty

The Company guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability, and with the existing statutory provisions and/or government regulations on the day the Agreement was concluded.

Any Extended Warranty offered by the Company, its Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Company about a failure in the fulfilment of the Company’s obligations if the Company has failed in the fulfilment of its part of the Agreement.

‘Extended Warranty’ is taken to mean each obligation by the Company, its supplier, importer, or manufacturer within which it assigns certain rights or claims to the Consumer that go beyond what is legally required in case it fails in complying with its part of the Agreement.

Article 8 – The Price

During the period of validity stated in the offer, the prices for the products and/or services shall not be raised, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the Company may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Company’s control, at variable prices. This connection to fluctuations, and the fact that any prices given are recommended prices, shall be stated in the offer.

Price increases within 3 months after concluding the Agreement are permitted only if they are the result of new legislation.

Price increases from 3 months after the conclusion of the Agreement are only permitted if the Company has stipulated this and: they are the result of legal regulations or provisions; or

the Consumer is authorised to cancel the contract effective on the day on which the increase commences.

Prices stated in offers of products or services include VAT.

All prices are subject to printing and typographical errors. No liability will be accepted for the consequences of printing and typographical errors. The Company is not obligated to deliver the product at the erroneous price in the case of printing and typographical errors.

Article 9 – Delivery and Performance

The Company shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.

The address that the Consumer has provided to the company shall apply as the place of delivery.

With consideration of that stated in this regard in paragraph 4 of this article, the Company will fill accepted orders with appropriate speed, but no later than within 30 days, unless the Consumer agrees to a longer delivery term. If the delivery is delayed, or if an order cannot be filled or can only be partially filled, the Consumer shall be informed about this no later than 30 days after having placed the order.

The Consumer in that case has the right to dissolve the agreement without charge. The Consumer has no right to compensation.

All delivery terms are indicative. The Consumer can derive no rights from any stated terms. Exceeding a term gives the Consumer no right to damage compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the Company will refund the amount that the Consumer has paid as soon as possible but no later than within 14 days after dissolution.

If delivery of a product ordered is not possible, the Company will endeavour to make a substitute item available. It will be stated in a clear and understandable way, no later than at the time of delivery, that a replacement product will be delivered. The Right of Withdrawal cannot be excluded for substitute items. The costs of any return will be borne by the Company.

The risk of loss and/or damage to products will be borne by the Company until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer unless explicitly agreed otherwise.

Article 10 – Force Majeure

The Agreement may be suspended in the event of Force Majeure.

If it is impossible for the Company to continue to fulfil its obligations under the Agreement, due to an event or situation arisen due to circumstances outside the Company’s control and which cannot reasonably be foreseen, it will immediately inform the Consumer of this.

In that case, the Agreement will be suspended due to Force Majeure.

If this period lasts longer than 10 days, each of the parties is entitled to dissolve the Agreement, and only for part of the obligations that have not yet been fulfilled.

In that case, the parties shall not be entitled to compensation for damage suffered or yet to be suffered as a result of the termination.

Article 11 – Data Processing

In the performance of the Agreement, the Company will take appropriate measures to guarantee the confidentiality of the customer relationship and to this end complies with the General Data Protection Regulation (GDPR).

The Company processes the Consumer’s personal data in accordance with the privacy statement published on the website.

Article 12 – Payment

The Company offers the following payment methods;

  • Ideal
  • Creditcard

Unless otherwise agreed, the Consumer must transfer the amount owed to the Company by the payment method as communicated to the Consumer the Company.

The Consumer has a duty to inform the Consumer promptly of any inaccuracies in the payment details that were given or specified.In case of late payment by the Consumer, the Company has the right, subject to legal restrictions, to charge reasonable costs made known to it in advance.

Article 13 – Applicable Law and Dispute Resolution

Dutch law applies to all agreements between the Company and the Consumer.

Only the Dutch court is authorised to take cognisance of a dispute, even if the Consumer lives abroad.

The Vienna Sales Convention does not apply to the Agreement.

If a disputes body is competent in this regard, the dispute may also be submitted to that body.

Additions and deviations from the Agreement may not be to the detriment of the Consumer and must be recorded in writing.

Article 14 – Complaints Procedure

The Company has a sufficiently disclosed complaints procedure and shall handle any complaints in accordance.

Complaints about the performance of the Agreement must be submitted to the Company with a full and complete description within 14 days after the Consumer has identified the defects.

The Company shall respond to any complaints submitted within a period of 10 days after the date of receipt. If a complaint requires a longer processing time, this will be communicated to the Consumer by the Company, with an indication when the answer can be expected.

The Company has a sufficiently disclosed complaints procedure and shall handle any complaints in accordance.

Article 15 – Entry into Force and Location of the General Terms and Conditions

These General Terms and Conditions come into effect on the eighth of March two thousand and twenty-one.
hese General Terms and Conditions have been filed with the Chamber of Commerce in Utrecht.