Terms and conditions of The Guardeners giftshop

Article 1. Definitions

1. In these Terms and Conditions, capitalized terms shall be defined as follows:​

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Terms and Conditions

the terms and conditions listed in this document as used by The Guardeners;

 

Service

a service offered on the Website by The Guardeners;

 

Customer

the natural person or legal entity who places an order on the Website;

 

The Guardeners

the sole proprietor The Guardeners, established and having an office at (5631 EJ) Eindhoven at Amatatstraat 20;

 

Agreement

the agreement between the Customer and The Guardeners, which is concluded via the Website on the basis of which the Customer buys the Product and / or the Service from The Guardeners;

 

Product

a product that is offered on the Website by The Guardeners;

 

Privacy Statement

the Privacy Statement of The Guardeners, which can be found on the Website;

 

Website

the website owned by The Guardeners, on which the Product and / or the Service is offered;

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Article 2. Applicability

1. ​These Terms and Conditions apply to every offering made by The Guardeners on the Website, to every Agreement concluded via the Website and to every use of the Website.

2. The Guardeners may amend and / or complement these Terms and Conditions at any time. Changes do not apply to already concluded Agreements. The most up-to-date version of the Terms and Conditions can be found on the Website. If the Customer does not agree with the amended and / or complemented Terms and Conditions, the Customer cannot order the Product and / or the Service.

3. The applicability of any of the Customer’s purchasing terms and conditions or other conditions is expressly rejected by The Guardeners.

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Article 3. Offer and establishment of the Agreement

1. ​The Agreement enters into force by completing the ordering process on the Website and accepting the Terms and Conditions.

2. An offer on the Website is always without any obligation and can be revoked by The Guardeners immediately after an order.

3. The Guardeners is not bound by apparent errors and clerical errors in the offer on the Website.

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Article 4. Use and Availability of the Website

1. ​The Guardeners does not guarantee that information on the Website is always correct, current or complete.

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Article 5. Price and payment

1. ​The stated price of the Product and / or the Service is valid the moment it is displayed on the Website. VAT is included in the stated total price. Any additional costs, such as shipping and payment costs, will be mentioned on the Website.

2. The payment methods will be mentioned on the Website When the Customer chooses a method of payment after delivery, the payment term depends on the payment method chosen, as indicated on the Website. The payment term is a deadline.

3. If the Customer exceeds the payment deadline or The Guardeners is unable to collect the amount due by means of the payment instrument chosen by the Customer before the end of the payment term, the Customer shall legally be in default, regardless of whether The Guardeners sends any further warning or notice.

4. If the Customer is in default with regard to his payment obligation, The Guardeners may refer the debt for collection, in which case the Customer shall also be obliged to pay the costs incurred by The Guardeners in accordance with the graduated scale of judicial collection expenses (BIK)

 

Article 6. Delivery

1. The delivery deadlines on the Website and / or during the ordering process are indicative and cannot be considered legal deadlines.

 

Article 7. Privacy

1. When visiting the Website, placing an order, (personal) information is supplied to The Guardeners. This (personal) information shall be processed in accordance with the applicable laws and regulations and the Privacy Statement.

 

Article 8. Withdrawal and complaints

1. Within 14 days after the receipt of the Product and / or after start of delivery of the service the Customer has the right to dissolve the Agreement without providing reasons, unless one of the exceptions in Article 6:230p of the Dutch Civil Code applies. If the right of dissolution applies, then the Customer can invoke this right by filling in the model form for dissolution, as provided by The Guardeners, and by returning this form - together with the Products delivered but not desired by the Customer - to The Guardeners. The costs of return shipment are at the expense of the Customer.

2. In the event of dissolution of the Agreement, the Customer is obliged to return the Product delivered but not desired by the Customer as quickly as possible, and in any case within 14 days after the declaration of dissolution.

3. In the event of dissolution of the Agreement, The Guardeners will refund the already paid amount under the Agreement by the Customer within 14 days after receipt of the declaration of dissolution. The Guardeners is entitled to deduct the value reduction of the Product from the amounts to be refunded, insofar as this decrease in value is the result of use by the Customer that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product.

4. If the Customer has opted for a different method of shipment than the standard shipping method, only the costs for the standard shipping will be reimbursed by The Guardeners.

5. Complaints about the Product and / or the Service can be sent to hello@theguardeners.com. The Guardeners will react substantively to the complaint within a reasonable period of time.

 

Article 9. Conformity

1. If a Product does not comply with the Agreement, The Guardeners will repair the Product free of charge and within a reasonable time period at the discretion of The Guardeners or, in case of absence of a Product or parts thereof, still deliver them. If the repair is not possible or can’t be demanded of The Guardeners, The Guardeners will replace the Product.

2. An appeal to the Product’s non-compliance with the Agreement is not possible if it was already known or could reasonably have been known to the Customer upon the conclusion of the Agreement that there was a defect, or if the nature of the purchased Product or the nature of the defect is contrary to this.

 

Article 10. Liability

1. The Guardeners does not accept any liability for indirect or consequential damages, such as loss of profit, loss of turnover, loss of expected savings and other similar financial losses, as well as loss of goodwill or damage to reputation.

2. To the extent that The Guardeners is liable, this liability is limited to a maximum of the price of the Product and / or the Service.

 

Article 11. Miscellaneous

1. The Customer may not transfer the rights and obligations arising from the Agreement to third parties.

2. The use of the Website, these Terms and Conditions and / or the Agreement are subject solely to Dutch law.