General Terms and Conditions
Article 1 - Definitions.
In these terms and conditions, the following definitions shall apply:
1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
2. Consumer: the natural person who is not acting in the exercise of profession or business and enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time;
5. Reflection period: the period within which the consumer can exercise his right of withdrawal; 6;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period; 7;
7. Day: calendar day; 8;
8. Duration transaction: a distance contract relating to a series of products and/or services, the delivery to and/or purchase obligation of which is spread over time; 9.
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur
J.A. van Bloois Homegreen.nl
Dahlialaan 64
4401 HB Yerseke
Telephone: +31(0)113-574427
Chamber of Commerce number: 53734041
Article 3 - Applicability
1. These general terms and conditions apply to each offer from the entrepreneur and to each distance contract concluded between entrepreneur and 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 the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general conditions, the consumer may always invoke the applicable provision that is most favorable to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
-the price including taxes;
-Any costs of delivery;
-The way in which the agreement will be concluded and which actions are necessary for this;
-Whether or not the right of withdrawal is applicable;
-the method of payment, delivery or performance of the agreement;
-The period for accepting the offer, or the period for adhering to the price;
-the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
-if the agreement is archived after its conclusion, in what way it can be consulted by the consumer;
-the manner in which the consumer before the conclusion of the agreement may become aware of actions not wanted by him, as well as the manner in which he can rectify them before the conclusion of the agreement;
-any languages other than Dutch in which the contract can be concluded;
-the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
-The minimum duration of the distance contract in the event of a contract for continuous or periodic delivery of products or services.
Article 5 - The agreement
1. The agreement comes into effect, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - inform himself 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, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
5. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. the information on existing after-sales services and guarantees;
d. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 6a - Right of withdrawal on delivery of products
1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of seven working days. This period starts the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6b - Right of withdrawal upon delivery of services
1. When services are supplied, the consumer has the possibility of dissolving the contract, without giving reasons, during seven working days, starting on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest on delivery.
Article 7 - Costs in case of withdrawal
1. If the Consumer makes use of his right of withdrawal, he shall bear the costs of return shipment at the most.
2. If the Consumer has paid an amount, the Entrepreneur shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.
Article 8 - Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a) that have been created by the entrepreneur in accordance with the consumer's specifications;
b) that are clearly personal in nature;
c) that cannot be returned due to their nature;
d) which spoil or age quickly;
e) whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f) for individual newspapers and magazines;
g) for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a) concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b) the delivery of which commenced with the express consent of the consumer before the withdrawal period has expired;
c) concerning bets and lotteries.
Article 9 - The prize
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
a) they are the result of legal regulations or stipulations; or
b) the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 10 - Compliance and Warranty
1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded.
2. An arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the consumer can assert against the trader in respect of a shortcoming in the performance of the trader's obligations under the law and/or the distance contract.
Article 11 - Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving and in the execution of orders of products and in the assessment of applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest one month after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and the right to possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 - Duration transactions
1. The consumer may at any time terminate a contract that has been concluded for an indefinite period of time, subject to the applicable termination rules and a maximum notice period of one month.
2. An agreement entered into for a definite period has a maximum term of two years. If it has been agreed that in case of silence on the part of the consumer the distance contract will be extended, the contract will be continued as a contract for an indefinite period of time and the notice period after continuation of the contract will not exceed one month.
Article 13 - Payment
1. To the extent not subsequently agreed, the amounts owed by the consumer should be paid within fourteen days after delivery of the good or in case of an agreement to provide a service, within 14 days after issuance of the documents relating to this agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
4. In case of default of payment by the consumer, the entrepreneur has the right, subject to legal restrictions, the advance notice to the consumer reasonable costs to charge.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
Article 15 - Additional or different provisions
Additional or different provisions of these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium.
Article 16 - Liability
1. Homegreen.nl is not liable for damage or injury caused by the improper use of mushrooms or the consumption of mushrooms which are not sold by Homegreen.nl. Make sure at all times a correct determination.
