General Terms and Conditions WickPlants

Table of contents:

Article 1: Who are we?

Article 2: Definitions

Article 3: Applicability

Article 4: An agreement with WickPlants

Article 5: Your obligations

Article 6: Price and payment

Article 7: Delivery and implementation

Article 8: Withdrawal obligation and returns

Article 9: Liability

Article 10: Force majeure

Article 11: Complaints

Article 12: Intellectual property

Article 13: Privacy

Article 14: Other provisions

Article 15: Disputes, applicable law, competent court

Annex 1: Model withdrawal form

Article 1: Who are we?

1. WickPlants is located at Lange Broekweg 17, 2671DT Naaldwijk, the Netherlands (KvK number: 88436594, VAT identification number: NL864625017B01) and will hereinafter also be referred to as "WickPlants" or "we".
2. WickPlants sells and supplies Main Products, such as pots with a 'self-watering system' and plants. In addition, Products (such as accessories) can be ordered.

Article 2: Definitions

1. In the General Terms and Conditions of WickPlants, the following terms are used in the following meanings, unless otherwise indicated:
2. "Order(s)": the Agreement under which WickPlants supplies you with a product/multiple Main Products and/or Products once.
3. "Main Product": pots with a self-watering system and plants, which can be ordered by the Customer via the Website.
4. "Customer" means the buyer, being a consumer or a company, who enters into an Agreement with WickPlants. The Client is hereinafter also referred to as "you" or "you".
5. "Agreement" means the Agreement between WickPlants and the Customer, which is established by an Order via the WickPlants Website.
6. "Product(s)": Products, other than the Main Product, which can be ordered by the Customer via the Website.
7. "Withdrawal Period": the period within which the Client can exercise the Right of Withdrawal to which he is legally entitled.
8. "Right of Withdrawal": the possibility for the Customer to waive the Agreement within the Reflection Period.
9. "Personal Data" means any personal data within the meaning of the General Data Protection Regulation (GDPR), relating to you and necessary for the performance of the Agreement, including future updated versions thereof.
10. "Terms and Conditions" means these general terms and conditions of WickPlants.
11. "Website" means the Website www.wickplants.com or other domains such as www.wickplants.nl where WickPlants offers its services and/or products to the Customer.

Article 3: Applicability.

1. All Agreements that WickPlants enters into with Clients, and all WickPlants' Main Products and/or Products(s) purchased by the Client, are subject to these Terms and Conditions. These Terms and Conditions are available at all times on the WickPlants Website, and have been made available to the Client before or at the time of entering into the Agreement. Capitalised terms have the meaning ascribed to them in these Conditions.

Article 4: An Agreement with WickPlants

1. An Agreement with WickPlants takes place exclusively at a distance. Between WickPlants and the Client, an Agreement for an Order is established through the Website at the moment you place an order on the WickPlants Website.

Article 5: Your obligations

1. All information you provide to WickPlants, for example during the ordering process, must be current and truthful. Your password must not be disclosed to third parties. You must keep the password safe and protected from unauthorised persons and notify us of any loss or passing on of passwords. For misuse, e.g. any unlawful order with your password by third parties and the resulting claims, you bear full responsibility yourself. WickPlants is not liable for any damages resulting from incorrect information and/or loss of your password.
2. Before using the products/services (such as filling with water) you have to check the products delivered by WickPlants, such as pots with a 'self-watering system' and accompanying accessories, and plants for imperfections such as breaks and leaks of the 'self-watering system', and report any incompleteness or damage within 7 days.
3. You are obliged to carefully review and observe the product and user instructions accompanying the supplied Main Products and/or Product(s). WickPlants is not liable for any damage caused by not following the product and user instructions.
4. If you give the pots with 'self-watering system' in use to a third party, the third party is also bound by these Conditions. Hereby the Client remains ultimately responsible for the obligations of this Agreement.

Article 6: Price and payment

1. You owe the price agreed per Agreement at the times agreed per Agreement. All prices include delivery costs unless stated otherwise. All prices include VAT unless stated otherwise.
2. WickPlants reserves the right to change the prices of the Main Products and/or Product(s) offered at any time.
3. For payment you can only use the payment options offered by WickPlants on the Website.
4. All invoices of WickPlants must be paid within 14 days after the invoice date, into an account number provided by WickPlants. If payment is not made after 14 days, WickPlants will send a reminder, which must be paid within 14 days. In case of late payment, for example due to insufficient balance or reversal, WickPlants is entitled to charge statutory commercial interest.In case you fail to pay the amount due after a reminder, WickPlants is entitled to engage a collection agency and suspend WickPlants' services for you. The judicial and extrajudicial costs of collection shall in this case be for your account. Also, the products must be returned undamaged to the established address of WickPlants.

Article 7: Delivery and execution

1. WickPlants will take the utmost care in receiving and executing the Agreement.
2. WickPlants will deliver the shipment(s) to the Client at the address given by the Client to WickPlants in the manner it shall determine.
3. WickPlants will endeavour to execute the Agreement expeditiously. If the delivery is delayed, or if an Agreement cannot or can only partially be executed, the Client will be informed of this as soon as possible, after he has placed the Agreement. In that case, the Customer has the right to dissolve the Agreement free of charge.
4. In the event of force majeure, WickPlants cannot be held liable for any failure or delay in delivering the Agreement (Article 12).
5. In accordance with the Agreement, WickPlants retains ownership of the agreed products until the purchase price has been paid in full, should the products not have been paid for at the time of the personal transfer.
6. WickPlants is entitled to engage third parties to execute an Agreement.
7. WickPlants has an obligation of effort to meet the agreed delivery term. However, such term is not fatal and exceeding it does not entitle the Client to claim damages.
8. The risk of damage and/or loss of the agreed products from the Agreement rests with WickPlants until the moment of delivery to the Customer, unless explicitly agreed otherwise.
9. The Customer is obliged to accept the products from the Agreement upon arrival at the address indicated by the Customer.

Article 8: Withdrawal obligation and returns

1. The Customer may exercise his Right of Withdrawal, by making this known within the Reflection Period via [email protected], whether or not by using the Model Form (Appendix 1).
2. After exercising the Right of Withdrawal, the Customer shall return the Product(s) as soon as possible, but no later than 14 days after the notification.
3. The risk and burden of proof for the correct and timely exercise of the Right of Revocation shall be borne by the Customer.
4. The Customer cannot cancel an Agreement relating to the purchase of a Main Product, such as plants, as this Main Product is subject to deterioration.
5. The costs for the return shipment shall be borne by the Customer. The Customer must return the agreed products from the Agreement (if reasonably possible) in the received packaging(s).
6. The Customer has the right to revoke the delivery of an Order within a period of 14 days from delivery. Products with a limited shelf life (such as plants) cannot be revoked by the Client. The shipping costs of returning the Main Product and/or Product(s) are for the Customer's account. You then only pay for the plants and return costs.
7. When the Client makes use of his Right of Revocation, the order amount due will be refunded within 14 days after notification of the return provided the Product has already been received back in good order.

Article 9: Liability

1. If the Customer is of the opinion that WickPlants has not properly fulfilled the delivery of the agreed product(s) in the Agreement, the Customer must notify WickPlants by email within 7 days after he has discovered or reasonably could have discovered the defect in question, accompanied by proof, failing which he can no longer invoke the defect. In any case, with the exception of special circumstances to be demonstrated by the Customer, the Customer is deemed to have been able to reasonably discover a defect from the moment(s) he received the product(s) delivered by WickPlants.
2. If WickPlants has not fulfilled its delivery obligations, as referred to in these General Terms and Conditions, the Customer has acted in accordance with Article 11.1 of these General Terms and Conditions, and the defect has not been repaired within a reasonable time, WickPlants shall be liable for direct damage in respect of its shortcoming, provided that this can be attributed to it. Any liability for indirect and/or consequential damage, including suffered loss, lost profit, missed savings, reputational damage and missed goodwill, is excluded.
3. The extent of any liability of WickPlants is always limited to the invoice value of the delivered and agreed products, through which or in connection with which the liability arose.
4. The limitation of the extent of liability described in article paragraph 3 does not apply in case of intentional or deliberate recklessness of managers (and executive subordinates) of Wickplants.

Article 10: Force majeure

1. WickPlants is not obliged to fulfil any obligations under the Agreement if it is prevented from doing so as a result of a non-attributable failure. A non-attributable shortcoming exists, among others, if WickPlants is unable to fulfil its obligations towards the Customer as a result of an attributable shortcoming of third parties whose assistance WickPlants uses in the execution of an Agreement and strikes.

Article 11: Complaints

1. In case of questions and/or complaints regarding a Main Product and/or Product(s) of Wickplants, the Customer must at all times address the WickPlants Customer Service via the service page.
2. If a solution cannot be reached together, the ODR platform of the European Commission can be contacted via http://ec.europa.eu/odr. Complaints can also be submitted to Webwinkelkeur as a dispute.

Article 12: Intellectual property

1. Unless expressly agreed otherwise, the intellectual property rights (including copyrights) of all products made available to a Customer under an Agreement will remain with WickPlants and will not be transferred to the Customer.

Article 13: Privacy

1. WickPlants processes Personal Data of the Customer for the purpose of preparing, executing and handling an Agreement, as well as for other purposes, such as marketing purposes. WickPlants operates an online privacy policy, which provides information on the processing of Personal Data and the rights you have in this regard, as included on the Website.

Article 14: Other provisions

1. No rights can be derived from the information on this Website.
2. Typing errors and price changes reserved.
3. WickPlants is entitled to amend these terms and conditions from time to time. The amended terms will apply as soon as they are published on the Website. If a Customer subsequently enters into an Agreement with WickPlants, as offered on the Website, the Customer thereby accepts the applicability of the amended terms and conditions. It is therefore advisable to consult these terms and conditions before placing an order for agreed products under the Agreement.
4. If any provision of these General Terms and Conditions is null and void or annulled, the remaining provisions of these General Terms and Conditions will remain in full force and WickPlants will include (a) new provision(s) to replace the void or annulled provision(s), taking into account as much as possible the purpose and meaning of the void or annulled provision(s).
5. WickPlants is entitled to engage third parties for the execution of the Agreement.

Article 15: Disputes, applicable law, competent court

1. In case of a dispute, the data recorded by WickPlants will be decisive, barring evidence to the contrary.
2. Dutch law is applicable to all Agreements.
3. Any disputes, which cannot be solved by mutual agreement, will be submitted by the most interested party to the competent court in The Hague.

WickPlants - January 2023

Annex 1: Model withdrawal form

Model withdrawal form

(Please complete and return this form only if you wish to revoke the Agreement)

• To:

[ name of entrepreneur]

[ geographic address entrepreneur]

[ fax number of entrepreneur, if available]

[ e-mail address or electronic address of entrepreneur]

• I/We* hereby inform/share* you that I/We* have concluded our agreement concerning

the sale of the following products: [product designation]*

the supply of the following digital content: [digital content designation]*

the supply of the following service: [service designation]*,

revokes/revokes*

• Ordered on*/received on* [date of order in the case of services or receipt in the case of products].
• [Name of consumer(s)]
• [Address consumer(s)]
• [Signature of consumer(s)] (only if this form is submitted on paper)

* Delete what does not apply or fill in what is applicable.