General Terms and Conditions of HappyGardenershop.com, located in Oirschot
Article 1: Applicability
1.1 The website www.HappyGardenershop.com is owned by HappyFarmer Products, trading under the name HappyGardenershop.com, registered with the Chamber of Commerce under trade number 90312503
1.2 These terms and conditions apply to all offers, deliveries, and agreements issued, performed, or entered into by HappyGardenershop.com, unless otherwise agreed in writing.
1.3 Acceptance of a quotation and/or placing an order expressly implies the applicability of these general terms and conditions, whereby the customer waives any applicability of its own terms and conditions. The customer may not invoke customary law.
Article 2: Offers
2.1 All offers from HappyGardenershop.com are without obligation unless expressly stated otherwise in writing.
2.2 Orders and changes are only binding if HappyGardenershop.com has accepted or confirmed them, either in writing or otherwise. Notwithstanding the foregoing, a quote expires in any case five business days after its date.
2.3 In the case of composite price quotations, there is no obligation to deliver a part for a corresponding part of the total price.
2.4 Unless otherwise agreed, prices for delivery are not free domicile.
2.5 Price quotes are always based on the prices applicable at the time of the offer and/or order and are valid only on the date of the offer. If one or more cost price factors increase after the date of the offer, HappyGardenershop.com is entitled to increase the offered price accordingly. However, HappyGardenershop.com will notify the customer of this in writing and give the customer a period of 7 days to cancel the agreement in writing. If the price increase is implemented after the purchase agreement has been concluded, HappyGardenershop.com is obligated to deliver at the agreed price. If the price is increased by a statutory VAT rate increase, HappyGardenershop.com is entitled to increase the offered price accordingly.
2.6 Unless expressly stated otherwise, each offer is based on delivery under normal circumstances and during normal working hours.
Article 3: Payment/prices
3.1 All prices are subject to typographical errors.
3.2 All prices are exclusive of shipping costs and VAT.
3.3. Payment of the sales price must be made upon ordering the product, without any right to suspension, compensation, or deduction, unless expressly agreed otherwise.
3.4 If an invoice for the purchase price is sent, a payment term of fourteen (14) days applies. After receipt of full payment, the order will be placed, or if in stock, delivery will take place.
3.5 Deviating payment arrangements are only valid if they have been agreed in writing between HappyGardenershop.com and the customer.
3.6 Unless proven otherwise, the invoices and invoice overviews prepared by HappyGardenershop.com must be assumed to be correct.
3.7 If the customer fails to pay within the agreed payment term, they are deemed to be in default by operation of law, and HappyGardenershop.com is entitled, without any notice of default, to charge the customer for the entire amount owed, plus the statutory interest, plus 1% (one percent), from the due date of the relevant invoice. All collection costs, both judicial and extrajudicial, incurred as a result of the customer's non-payment are the customer's responsibility. The extrajudicial collection costs amount to 15% (fifteen percent) of the principal amount, with a minimum of €150.
3.8 HappyGardenershop.com is entitled at all times, regardless of the agreed payment terms, to request sufficient security for payment and to suspend performance of the agreement if this security cannot be provided. In that case, the buyer has the choice between cash payment for the goods to be delivered, deducting any deposit paid, and cancellation of the agreement, subject to the provisions of Article 3.10.
3.9 Payments made by the customer to HappyGardenershop.com will in all cases be used to settle the oldest outstanding item charged to the customer, including any default interest and costs accrued thereon.
3.10 If payment is not received at the time of delivery, HappyGardenershop.com may not proceed with the actual delivery. If and to the extent HappyGardenershop.com does not deliver, the customer is obligated to pay HappyGardenershop.com the transport costs and an amount of €5 per day, or part thereof, until delivery takes place to cover the costs HappyGardenershop.com incurs for storing the item(s).
Article 4: Transfer of ownership, risk and delivery
4.1 Delivery means the actual provision to the customer or persons under the customer's sphere of risk. The risk of the purchased items is borne by the customer from the moment of delivery to the address specified by the customer. HappyGardenershop.com is not liable for any indemnity whatsoever.
4.2 Ownership of the delivered goods will only be transferred to the customer after the purchase price, plus any interest and costs, has been paid. Ownership is not transferred by the mere transfer of the goods. If the customer transfers, uses, and/or pledges the delivered goods to HappyGardenershop.com but has not fully paid for them, and/or fails to notify HappyGardenershop.com in writing in the event of bankruptcy, suspension of payments, or seizure within five days of their bankruptcy, the customer will forfeit a non-mitigable fine of at least three times the unpaid amount.
4.3 The maximum delivery time for distance purchases is 30 days. If a product requires a longer delivery time, we will explicitly indicate this with the product in question. If HappyGardenershop.com cannot meet the delivery time, we will inform you in a timely manner. A new delivery time will then be agreed upon, or you, as the consumer, have the right to cancel the agreement. Any amounts already paid must be refunded by HappyGardenershop.com within 30 days of cancellation.
Article 5: Complaints, claims and warranty
5.1 If HappyGardenershop.com delivers items with visible damage, the customer must submit a complaint to HappyGardenershop.com immediately or within 24 hours of receipt. For items processed and/or edited by or on behalf of the buyer, the buyer must immediately verify their good condition upon receipt. If the damage/defect is not visible, the customer must submit a written complaint within two weeks of receipt of the items or completion of the work. The complaint must include a description of the observed defects and/or damage.
5.2 Minor deviations in quality, quantity, width, colour, finish, size, finishing, etc. that are considered acceptable in trade or technically unavoidable cannot constitute grounds for complaints, nor can colour deviations of delivered goods purchased on a sample or steel basis.
5.3 The provisions of Article 5.1 also apply to complaints regarding invoice amounts, provided that these must be submitted to HappyGardenershop.com by registered letter with reasons within 5 business days of the invoice date.
5.4 Complaints made otherwise to intermediaries or resellers, or received later by HappyGardenershop.com, are of no value and cannot have any legal consequences.
5.5 Any right to make a complaint will lapse if the aforementioned terms are not observed or if third parties have carried out work on goods and/or materials for HappyGardenershop.com.
5.6 Complaints never give the customer the right to apply compensation or debt settlement.
5.7 Unless HappyGardenershop.com has expressly agreed to this, the customer is not permitted to return items purchased in our online store or through our company to HappyGardenershop.com.
5.8 If the manufacturer of the delivered goods provides a more extensive warranty to HappyGardenershop.com, this warranty will also apply to the customer if the supplier decides that the complaint is justified.
5.9 Warranty provisions are only valid when the delivered goods or work performed are used for their intended purpose. Improper handling or insufficient care of the delivered goods precludes any complaint and voids all warranties and other guarantees.
Article 6: Liability
6.1 HappyGardenershop.com is never liable for direct or indirect damage, business damage, and/or business interruption damage, including delays in the delivery of goods, caused by defects in the goods delivered by HappyGardenershop.com, except in the case of intent and/or gross negligence on the part of HappyGardenershop.com.
6.2 HappyGardenershop.com will never be liable for any compensation for damages of any nature whatsoever and for any reason whatsoever, exceeding the total amount of the transaction between HappyGardenershop.com and the customer.
6.3 The customer expressly indemnifies HappyGardenershop.com against all claims from third parties, including the customer's employees, for compensation for all damages of any kind suffered by these third parties.
6.4 Any right to make a complaint shall lapse if the above-mentioned terms are not observed.
6.5 Complaints never give the customer the right to suspend fulfillment of his obligations, or to apply compensation or debt settlement.
Article 7. Cooling-off period
7.1. After receiving the product ordered, the customer has the right to cancel the underlying agreement with HappyGardenershop.com within fourteen (14) business days of receiving the product. The customer does not need to provide a reason for this.
7.2. If the customer wishes to cancel the agreement pursuant to Article 7.1 of these terms and conditions, the customer must notify HappyGardenershop.com in writing (by email or letter). The customer must send the product—after consultation with HappyGardenershop.com—to a return address specified by HappyGardenershop.com. This must be done in the original, undamaged packaging. Opened packages will not be accepted for return; opening the package means you wish to keep the product(s). The customer must bear the costs and risk of shipping.
7.3. If the customer has already made any payments at the time that the customer has revoked the agreement with HappyGardenershop.com in accordance with Articles 7.1 and 7.2 of these Terms and Conditions of Sale, HappyGardenershop.com will refund these payments to the customer within fourteen (14) working days after HappyGardenershop.com has received the product returned by the customer.
7.4. HappyGardenershop.com reserves the right to refuse returned products or to credit only a portion of the amount already paid if there is reason to suspect that the product has already been opened, used, or damaged through the customer's fault (other than that of HappyGardenershop.com or the product's supplier).
7.5. If a product is returned that, in HappyGardenershop.com's opinion, has been damaged due to an act or omission of the customer, or is otherwise at the customer's risk, HappyGardenershop.com will notify the customer in writing (by letter or email). HappyGardenershop.com reserves the right to deduct any reduction in value of the product resulting from this damage from the amount to be refunded to the customer.
Article 8: Force Majeure/Non-attributable failure
8.1 If, before or during the performance of the agreement, it appears that (further) performance of the agreement is not possible for HappyGardenershop.com due to force majeure, HappyGardenershop.com has the right, without being liable for any damages, to suspend the performance of the agreement or to terminate the agreement.
8.2 Force majeure shall be deemed to mean any circumstance beyond HappyGardenershop.com's control that prevents the normal execution of the agreement, particularly weather conditions, but also strikes, wars, civil war, fire, and water damage, machinery defects, obstructions or delays in the transport of materials or goods to be delivered, government measures, and the consequences thereof. Failure or untimely fulfillment of obligations by HappyGardenershop.com's suppliers shall also be deemed to be force majeure, as shall any other event beyond HappyGardenershop.com's control, including illness among the personnel of HappyGardenershop.com, its supplier(s), and/or third parties engaged by it.
Article 9: Dissolution
9.1 If the customer fails to comply with any obligation, fails to comply properly, or fails to comply on time, as well as in the event of bankruptcy or suspension of payments of the customer or their company, they will be deemed to be in default by operation of law. HappyGardenershop.com has the right, without any notice of default and without judicial intervention, to suspend performance of the agreement or to terminate the agreement in whole or in part, at its discretion, without being liable for any damages or guarantees, but without prejudice to its rights. In these cases, any claim HappyGardenershop.com has or acquires against the customer is immediately and immediately terminable.
9.2 If the customer cancels an order for any reason whatsoever, they will owe HappyGardenershop.com, unless HappyGardenershop.com demands performance, compensation equal to 25% of the amount the customer would have paid upon execution of the agreement, without prejudice to HappyGardenershop.com's right to compensation for loss of profit and damages arising from the cancellation.
Article 10: Disputes
The judicial authorities in the district of East Brabant, Eindhoven, have exclusive jurisdiction to hear disputes between HappyGardenershop.com and its customers.
Article 11: Applicable law
Dutch law applies to all offers and agreements made or entered into by HappyGardenershop.com.
Article 12: Final provision
If any provision of these terms and conditions is void or annulled, the remaining provisions of these terms and conditions will remain in full force and effect, and HappyGardenershop.com and the customer will enter into consultations to agree on new provisions to replace the void or annulled provisions, whereby the purpose and intent of the void or annulled provision will be taken into account as much as possible.
HappyGardenershop.com
Lieveld 6
5688 HZ Oirschot
Chamber of Commerce: 63837811
info@HappyGardenershop.com
0031 (0) 499 - 219 249