Terms of Growers Choice, based in Spijkenisse
Version valid from 06-02-2012
Name GC seeds
btw nr NL143541870B01
rek nr Nl71ABNA0468205284
Adress Postbus 2012
Email [email protected]
1.1 These terms and conditions apply to all offers of Growers Choice. The conditions are accessible to everyone and included on the website Growers Choice. On request we will send you a written copy.
1.2 By placing an order you acknowledge that you agree to the terms and conditions. Growers Choice reserves the right to change its terms and / or conditions after the expiry of the term.
1.3 Unless otherwise agreed, the general or specific terms or conditions of third parties are not recognized by Growers Choice.
1.4 Growers Choice guarantees that the delivered product meets the contract and meets the specifications listed in the offer.
2.1 Delivery takes place while supplies last.
2.2 Under the rules of distance selling will Growers Choice orders within 30 days. If this is not possible (because the ordered is out of stock or no longer available), or there is other reasons for delay, or an order can not or only partially implemented, the consumer receives within one month after placing the order message and in that case he is entitled to cancel the order without penalty.
2.3 The supply obligation Growers Choice, subject to proof, are satisfied once the once offered to the buyer supplied Growers Choice. For home delivery extends the report of the carrier, alleging refusal of acceptance, full proof of the offer to deliver.
2.4 All on the website are indicative. At the time limits may therefore not legally binding.
3.1 Prices will not be increased within the duration of the offer, unless legal action is necessary or if the manufacturer interim price increases.
3.2 All prices on the site are subject to misprints. For the consequences of misprints no liability is accepted.
3.3 All prices on the site are in Euros and include 21% VAT.
4. Viewing period / right of withdrawal
4.1 If there is a consumer purchase, under the Act on Distance (Article 7: 5 BW), the buyer has the right to return (part of) the goods within a period of 14 days without giving a reason. This period begins when the ordered goods are delivered. If the customer after this period has not returned to Growers Choice Has delivered, the purchase is a fact. The customer is obliged, before proceeding to return accordingly within the period of 14 days after delivery of written notice to Growers Choice. The customer must prove that the goods are returned on time, for example through a proof of mail delivery. Return of Goods must be in original packaging (including accessories and documentation) and in new condition. If the goods are used in, encumbered or damaged in any way, the right to terminate under this paragraph. With regard to what is stipulated in the preceding sentence, Growers Choice will ensure that within 14 days after reception of the return, the full purchase price excluding shipping costs will be refunded to the customer. The return of the goods delivered is the sole responsibility and risk of the buyer.
4.2 The right of rescission, as described in the preceding paragraph, covers only the goods and in no way relates to services provided by growers choice.
4.3 The right of withdrawal does not apply to:
• services where performance, with the consent of the consumer, has begun for the period of seven days
• goods or services whose price is dependent on fluctuations in the financial market, which the supplier has no influence
• goods made to the consumer's specifications, such as custom, or a clearly personal character
• for goods or services that can not be returned due to their nature, such i.v.m. hygiene or that spoil or age quickly
• Yellow Vere materials of which the consumer has broken the seal
5.2 Growers Choice respects the privacy of the users of the internets
5.3 Growers Choice sometimes makes use of a mailing list. Each mailing includes instructions to remove yourself from this list.
6.1 Growers Choice guarantees that the meeting delivered products meet the requirements of usability, reliability and durability as intended by the parties to the contract are reasonably, and therefore is responsible for the manufacturer of the product delivered to you.
6.2 The warranty Growers Choice corresponds to the manufacturer's warranty period. However Growers Choice is never responsible for the ultimate fitness of things for each individual application by the customer, nor for any advice Attn the use or application of the goods.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. Should the goods delivered wrong, inadequate or incomplete, then the customer (before proceeding to return to Growers Choice) these defects immediately in writing to Growers Choice. Any defects or faulty goods should and can be reported in writing no later than up to 2 weeks after delivery Growers Choice. Return of Goods must be in original packaging (including accessories and documentation) and in new condition. Commissioning after detection of failure, damage occurring after detection of failure, encumbrance and / or resale after detection of failure, does the right to claim and return void.
6.4 If the customer complaints are found justified by Growers Choice, Growers Choice will at its option or the goods delivered free replacement or the client a written scheme for the compensation, provided that the liability of Growers Choice and therefore the amount of compensation still is limited to a maximum of the invoice amount of the relevant goods, (choice of Growers choice) to the maximum in the case concerned the amount covered by the liability insurance Growers choice. Any liability of Growers Choice to exclude any other form of damage, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damages for lost profits.
6.5 Growers Choice is not liable for damage caused intentionally or equivalent deliberate recklessness of non-managerial staff.
6.6 This warranty does not apply if: A) and as long as the purchaser against Growers Choice is in default; B) the customer has parried the delivered goods themselves and / or processed or reparerenen / or modified by third parties. C) the delivered goods have been exposed to abnormal conditions or otherwise careless handling or contrary treated with the instructions Growers Choice and / or use; D) were defective in whole or in part the result of regulations that the government has made or will make regarding the nature or quality of the materials used;
7.1 Offers are not binding unless otherwise stated in the offer.
7.2 Upon acceptance of an offer by the buyer, Growers Choice reserves the right to revoke the right to the offer within 3 working days after receipt of such acceptance or to deviate.
7.3 Verbal agreements Growers Choice connect only after an explicit and written acknowledgment.
7.4 All Growers Choice do not automatically apply to repeat orders.
7.5 Growers Choice can not be held to its offer if the customer should have understood that the offer or any part thereof, contained an obvious mistake or error.
7.6 Additions, modifications and / or further agreements are effective only if agreed in writing.
8.1 An agreement between a customer and Growers Choice is established after an order by Growers Choice feasibility is assessed.
8.2 Growers Choice reserves the right to reject without giving reasons, orders or contracts or only to accept the condition that the shipment takes place on delivery or prepayment.
9. Images and specifications
9.1 All images; photographs, drawings, etc .; inter alia, information on weights, dimensions, colors, graphics, labels, etc. on the website of Growers Choice are only approximate, are indicative and may not lead to damages or rescission of the contract.
10. Force majeure
10.1 Growers Choice is not liable if and when she can not be fulfilled due to force majeure.
10.2 Force majeure means any strange reason, and any circumstance, which ought not to come for her in all fairness. Delay or failure by our suppliers, disruptions in the Internet, disruptions in the electricity failures in e-mail traffic and disturbances or changes in any third party technology, vervoersmoeilijkheden, werkstakingen, overheidsmaatregelen, delays in supply, omissions of suppliers and / or manufacturers Growers Choice as well as from individuals, disease, defects in appliance or shipment tools count explicitly as force majeure.
10.3 Growers Choice reserves the right to suspend the right to its obligations in the event of force majeure and is also entitled to terminate the contract in whole or in part, or to claim that the content of the agreement is amended so as execution remains possible. In no event shall Growers Choice obliged to pay any penalty or damages.
10.4 If Growers Choice at the time the force majeure already partially fulfilled its obligations, or can only partially fulfill its obligations is entitled already delivered or to invoice the deliverable part separately and the buyer is obliged to pay this invoice as if it were a separate contract. This does not apply if the already delivered c.q. deliverable has no independent value.
11.1 Growers Choice is not liable for damage to vehicles or other objects occur upon improper use of the products. Before use, read the instructions on the packaging and / or consult our website.
12. Retention of title
12.1 Ownership of all Growers Choice to the customer sold and delivered goods remains with Growers Choice as long as the customer has not paid the claims of Growers Choice under the agreement or prior or subsequent similar agreements as long as the buyer to carry out the work or still work in this or similar agreements have not yet met and as long as the buyer's claims Growers Choice for failure has not yet met in the fulfillment of such obligations, including claims relating to penalties, interest and costs, all as defined in Article 3: 92 BW.
12.2 The attack by Growers Choice which delivered under retention of title may only part of normal business activities and must never be used as payment.
12.3 The customer is not entitled to pledge under the reservation of ownership or otherwise encumber.
12.4 The customer gives unconditional and irrevocable consent to Growers Choice or by appointing Growers Choice third, in all cases where Growers Choice its property to exercise, all those sites and locations where its property is then located and doing business there along to take.
12.5 If third parties seize the wish to establish or assert goods delivered under retention of title rights thereto, the buyer is obliged Growers Choice as soon as reasonably may be expected to inform.
12.6 The customer is obliged to insure the goods delivered under retention of title and keep them insured against fire, explosion and water damage and theft and the policy of this insurance on first request for inspection at Growers Choice.
13. Applicable law / jurisdiction
13.1 All agreements are subject to Dutch law.
13.2 Disputes arising from an agreement between Growers Choice and copper, which not can be solved by mutual agreement, the competent court within the district Spijkenisse knowledge unless Growers Choice there prefer the dispute to the competent court of the domicile of the copper subjects, with the exception of those disputes that fall under the jurisdiction of a magistrate