Terms & conditions

Article 1 Applicability

1. These terms apply to every offer and every agreement between PLNT and a buyer to which PLNT has declared these terms applicable, insofar as these terms have not been expressly deviated from by the parties.

2. In these terms, "client" means any (legal) person who has entered into, or wishes to enter into, an agreement with our company.

Article 2 Quotations

1. Quotations made by PLNT are valid for 14 days, unless otherwise indicated. PLNT is only bound by its quotations if acceptance thereof is confirmed in writing by the client within 14 days. Prices stated in a quotation are exclusive of VAT, unless otherwise indicated.

2. Quotations are one-time only and do not apply to repeat orders.

Article 3 Agreement

1. Except as stated hereafter, an agreement with us is only formed once we have expressly accepted, or confirmed, an order (in writing or otherwise). The order confirmation is deemed to accurately and completely reflect the agreement.

2. Any additional arrangements or amendments made later, as well as (verbal) arrangements and/or commitments by our staff, are only binding on us if these have been confirmed by us in writing and signed by a person authorized/empowered to do so.

3. For work for which, by its nature and scope, no quotation or order confirmation is sent, the invoice shall also be regarded as the order confirmation, which is likewise deemed to accurately and completely reflect the agreement.

4. Every agreement is entered into by us subject to the condition precedent that the other party proves to be sufficiently creditworthy, solely as assessed by us, for the financial performance of the agreement.

5. We are entitled, when or after entering into the agreement, before performing (further), to demand security from the other party that both the down payment and the other obligations will be satisfied.

6. We are authorized, if we deem it necessary or desirable for the proper performance of the agreement, to engage others. Where possible and/or necessary, we will consult with the other party regarding this.

7. In the event of cancellation of an order placed with us, all costs incurred by us in respect of that order shall be for the account of the client, on the understanding that the client is in any case obliged to pay us a minimum of 10% of the principal sum in cancellation costs, without us being obliged to demonstrate that the stated costs were actually incurred by us.

8. In the event of cancellation of an agreement for whatever cause, we are entitled to charge the client for all costs incurred up to that point, as well as a percentage of 40% of the amount involved in the agreement in respect of loss of profit.

Article 4 Delivery

1. PLNT is obliged to deliver the agreed quantity. However, when it is impossible for the supplier, due to a circumstance beyond its direct sphere of influence, to deliver the ordered quantity, it is entitled, after consultation with the client, to reduce the quantity.

2. Stated delivery times shall not be regarded as a strict deadline, unless expressly agreed otherwise. PLNT will notify the client in good time if it foresees a deviation from the agreed delivery time.

3. If the client has not taken delivery of the ordered goods at the agreed time and place, the risk of any loss of quality occurring as a result of storage lies with the buyer. The goods are stored at his disposal, at his expense and risk. However, if, after the expiry of a limited storage period, which can be regarded as reasonable in view of the type of product, no collection has taken place and the risk of loss of quality and/or spoilage of the goods leaves no other choice, the order is deemed to have been cancelled by the buyer. PLNT is then entitled to sell the products in question. The defaulting client is obliged to bear any price difference arising from such sale, as well as all further costs and damages incurred on the part of PLNT.

4. PLNT is permitted to deliver sold goods in parts. If the goods are delivered in parts, PLNT is authorized to invoice each part separately.

Article 5 Complaints

1. Notwithstanding the foregoing, complaints regarding kind and quality will only be dealt with by us if these are submitted to us directly in writing within 24 hours after delivery.

2. Complaints about invoices must be submitted in writing, within 7 days of the invoice date.

3. After the expiry of this/these period(s), the other party is deemed to have approved the goods delivered, respectively the invoice. Complaints will then no longer be dealt with by us.

4. Submitting a complaint never releases the client from its payment obligations toward PLNT.

5. Return of the delivered goods may only take place with our prior written consent, under conditions to be determined by us.

Article 6 Miscellaneous

1. The living environment of the delivered plants must continue to comply with the regulations established/advised by us.

2. With regard to (plant) quality, this is subject to continuous monitoring by (internal/external) specialists.

Article 7 Payment and Retention of Title

1. All payments shall be made by deposit or transfer to a bank account designated by PLNT. Payment must be made within 14 days of the invoice date.

2. The client is not entitled to deduct any amount from the price on account of a counterclaim asserted by it. If the buyer makes use of the right to suspend its payment obligation, the client has the duty to provide security for payment, until clarity has been obtained as to whether or not the complaint submitted by the buyer is justified.

3. If the client fails to meet its payment obligation on time, it is deemed to be in default by operation of law. PLNT is then entitled to charge interest of 2% per month from the day on which the client remained in default of meeting the payment obligation referred to in paragraph 1.

4. If payment must be enforced through the engagement of third parties, the costs resulting therefrom shall be for the account of the client. This means that the defaulting client, without prejudice to any legal costs, owes an immediately payable sum in respect of the costs caused by its default equal to 15% of the invoice amount or the actual collection costs, whichever applies.

5. If PLNT has reasonable doubt regarding the buyer's ability to pay, PLNT is entitled to: a. postpone delivery of the products until the client provides security for payment; b. terminate the agreement by giving notice if the client has not provided security for payment within 14 days after being summoned to do so. In both of the above-mentioned cases, the client is held liable for the costs incurred, respectively the damage suffered, by PLNT.

6. Taking into account what is stipulated elsewhere in these General Terms and Conditions regarding risk, in particular regarding the passing of risk to the client, all goods delivered by PLNT remain the property of PLNT until the client has paid the purchase price and everything else owed to PLNT under this agreement. In the event of late payment of one or more invoices already due, PLNT has the right to immediately take back the delivered goods and remove them from the place of storage. To that end, the client hereby irrevocably grants PLNT power of attorney, already now for then, to enter the premises where the delivered goods are located, or to have them entered by those charged with retrieving the goods.

Article 8 Warranties for Indoor Plantings

1. With regard to indoor plantings, a warranty applies for one month after delivery, provided the buyer strictly observes the correct care measures: 1. Light: 8 or more hours per day; 2. Temperature: between 15 and 30 degrees Celsius; 3. Relative humidity: at least 50%; 4. Watering: according to the instructions provided by the supplier.

2. Damage to the planting arising as a result of disruption of the living environment (including mealybugs and other diseases), intentional contamination of the root environment (including too much/too little water and/or other substances and materials), intentional damage to the plants, plants becoming too large without corrective pruning being applicable, or signs of aging, are not covered by the warranty provisions.

3. A 100% plant warranty is given for a maximum of up to five years after delivery, if a care agreement "PLNT Full Serviced, All-In" is concluded for an uninterrupted period of five years directly from delivery.

4. If a "PLNT Full Serviced, All-In" care agreement is not concluded, a warranty is given until one month after delivery, provided the conditions of Article 8.2 are met.

Article 9 Warranties for Outdoor Plantings

1. With regard to outdoor plantings, a warranty applies for one month after delivery, provided the buyer strictly observes the correct care measures: 1. Light: plants are not moved from PLNT's initial location advice; 2. Temperature: between 0 and 30 degrees Celsius; 3. Watering: according to the instructions provided by the supplier.

Article 10 Prices

1. Unless stated otherwise, all price quotations are subject to price changes.

2. Unless stated otherwise, our prices are: based on the level of purchase prices, wages, labor costs, social security and government charges, freight, insurance premiums and other costs applicable at the time of the quotation or order date, respectively; based on delivery ex our company, warehouse or other storage location; exclusive of VAT, import duties, other duties, taxes and levies; stated in Euros.

3. The price for arranged plant containers includes the arrangement costs as well as the costs of hydro granules and/or potting soil. For arrangements to be delivered in respect of existing or already present plant containers, a surcharge of 10% on the arrangement price is charged.

4. In the event of an increase in one or more of the price factors, we are entitled to increase the order price accordingly, with due observance of any applicable statutory provisions in that regard.

5. Discounts are granted per transaction and confer no right whatsoever to those discounts in subsequent transactions.

Article 11 Transport/Risk

1. All transport/shipments within the Netherlands are handled by us. Our liability in this respect never extends beyond the value of the goods transported for the client, respectively the coverage of the relevant transport insurer. The client expressly indemnifies us against any further claims in this regard.

2. Transport/shipment outside the Netherlands on the instructions of the client shall be entirely at the expense and risk of the client.

Article 12 Force Majeure

1. Force majeure is understood here to mean: any circumstance independent of the will of the parties, or unforeseeable, as a result of which performance of the agreement can no longer reasonably be required of us by the client.

2. PLNT also has the right to invoke force majeure if the circumstance preventing (further) performance arises after PLNT should have fulfilled its obligation.

3. During force majeure, PLNT's delivery and other obligations are suspended. If the period during which PLNT is unable to perform its obligations due to force majeure lasts longer than 2 months, both parties are entitled to dissolve the agreement, without there being, in that case, any obligation to pay damages.

4. If, at the time force majeure occurs, PLNT has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or deliverable separately, and the client is obliged to pay this invoice as if it concerned a separate contract. This does not apply, however, if the part already delivered or deliverable has no independent value.

Article 13 Liability

1. PLNT is liable towards the client exclusively in the following manner: 1. For damage as a result of defects in delivered goods, only the liability regulated in articles 8 and 9 (warranties) of these terms applies. 2. PLNT is liable if damage has been caused by intent or gross negligence on the part of PLNT or its managerial subordinates. 3. For the rest, PLNT's liability is limited to the amount paid out by the insurance, insofar as this liability is covered by its insurance.

2. PLNT is not liable for: 1. Damage to goods occurring during transport, loading and unloading, and while on the buyer's premises; 2. Loss, theft or damage of the goods; 3. Consequential damage, or as the case may be, business damage arising from shortcomings and/or defects; 4. Damage to products resulting from incorrect and/or improper cooling, storage, exposure, or care of these products; 5. Fire damage arising from, for example but not limited to, artificial plants, Christmas decorations or other goods delivered by PLNT to the buyer, even if these have been impregnated according to the fr-syn1 and fr-pa standards.

Article 14 Dispute Resolution

Notwithstanding the statutory rules regarding the jurisdiction of the civil courts, any dispute between buyer and seller shall, in the event the District Court has jurisdiction, be settled by the District Court of Amsterdam. PLNT nevertheless remains entitled to summon the other party before the court which has jurisdiction under the law or the applicable international treaty.

Article 15 Applicable Law

Dutch law applies to every agreement between PLNT and the client.

Article 16 Amendment of the Terms

PLNT is entitled to make changes to these terms. These changes take effect at the announced time of entry into force. PLNT will send the amended terms to the client in good time. If no time of entry into force has been communicated, changes take effect towards the client as soon as the change has been communicated to it.