GENERAL TERMS AND CONDITIONS – KWEKERIJ IJSSELTUIN
- Applicability
1.1 These terms and conditions apply to all offers, orders, deliveries, and agreements of Kwekerij IJsseltuin, unless otherwise agreed in writing.
1.2 Deviations are only valid if confirmed in writing by Kwekerij IJsseltuin. - Offers and Prices
2.1 All offers are non-binding and valid while stocks last.
2.2 Prices are exclusive of VAT, packaging, and transport costs, unless stated otherwise.
2.3 Kwekerij IJsseltuin reserves the right to adjust prices due to changes in cost factors. - Orders and Delivery
3.1 Orders will only be processed after confirmation by Kwekerij IJsseltuin.
3.2 Delivery takes place ex nursery, unless otherwise agreed. Transport is at the buyer's risk and expense, unless otherwise agreed.
3.3 Delivery times are indicative and not strict deadlines. Exceeding them does not entitle the buyer to compensation or cancellation. - Quality and Complaints
4.1 Kwekerij IJsseltuin supplies plants grown from sound cultivation material, in accordance with the standard quality requirements in the sector.
4.2 Complaints regarding visible defects must be reported in writing within 48 hours of receipt.
4.3 Complaints regarding non-visible defects must be reported in writing within 7 days of discovery, but no later than 30 days after delivery.
4.4 If a complaint is justified, Kwekerij IJsseltuin may choose to replace the products or (partially) credit the invoice amount. - Payment
5.1 Payment must be made within 30 days of the invoice date, unless otherwise agreed in writing.
5.2 If the payment term is exceeded, the buyer is automatically in default and owes interest of 1% per month.
5.3 All judicial and extrajudicial collection costs shall be borne by the buyer. - Liability
6.1 Kwekerij IJsseltuin is not liable for consequential damages, indirect damages, or loss of profit.
6.2 The liability of Kwekerij IJsseltuin is in all cases limited to the invoice amount of the delivered products to which the liability relates.
6.3 Kwekerij IJsseltuin is not liable for failure of regrowth or growing results after delivery. - Force Majeure
7.1 Force majeure means any circumstance beyond the control of Kwekerij IJsseltuin that temporarily or permanently prevents fulfillment of the agreement, including but not limited to: extreme weather conditions, diseases, strikes, shortages of raw materials, transport problems, and government measures.
7.2 In case of force majeure, Kwekerij IJsseltuin is entitled to dissolve the agreement without being liable for damages. - Packaging (Fust) Terms
8.1 A deposit will be charged for all deliveries in plastic crates and block pallets.
8.2 Deposits will be credited upon return of clean and undamaged packaging.
8.3 Returnable packaging must be returned within 4 months of the invoice date. After 4 months, the right to deposit refund expires.
8.4 In case of missing or damaged packaging, the deposit will not be refunded.
8.5 Returned packaging must always be clean. If packaging is returned dirty, Kwekerij IJsseltuin reserves the right to charge costs or withhold the deposit. - Applicable Law
9.1 All agreements are governed exclusively by Dutch law.
9.2 All disputes will be submitted to the competent court in the district where Kwekerij IJsseltuin is established.