Termas and Conditions – Grow Your Ownn VOF

Article 1. Definitions
1.1. In these general terms and conditions, the following terms are used in the following sense, unless expressly stated otherwise or the context shows otherwise:
1.a. Grow Your Ownn VOF ; the user of these general terms and conditions: Grow Your Ownn VOF located at Waterlelielaan 64 in Arnhem, The Netherlands, registered in the trade register of the Chamber of Commerce under Chamber of Commerce number 78389852;
1.b. agreement: the purchase agreement between Grow Your Ownn VOF and the customer;
1.c. customer: the legal entity or natural person who has entered into an agreement with Grow Your Ownn VOF;
1.d. consumer: the customer being a natural person who does not act in the exercise of his profession or his business;
1.e. website: the website www.growyourownn.com which is managed by Grow Your Ownn VOF;
1.f. products: all products that Grow Your Ownn VOF offers;

Article 2. General
2.1. These general terms and conditions apply to all agreements between Grow Your Ownn VOF and the customer.
2.2. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing or by e-mail.
2.3. The applicability of any purchase or other conditions of the customer is expressly rejected.
2.4. If one or more of the provisions in these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. The void or voided provisions will be replaced by Grow Your Ownn VOF, taking into account the purpose and intent of the original provision(s) as much as possible.
2.5. If Grow Your Ownn VOF does not always require strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply, or that Grow Your Ownn VOF would lose the right to strict compliance with the provisions in other cases. of these general terms and conditions.

Article 3. Images
3.1. The images, drawings, data, etc. of the products offered on the website give a good idea of ​​the products offered.
3.2. Plantsseeds, within their species, are not the same. This means that a delivered plant does not look exactly the same as the plant of the same species and size that is stated on the website.

Article 4. Offer
4.1. The offer of Grow Your Ownn VOF is without obligation.
4.2. Obvious mistakes or errors on the website, in e-mail messages, brochures, quotations or other publications do not bind Grow Your Ownn VOF.

Article 5. Terms of Use
5.1. When using the website, the customer must behave in accordance with what may be expected of a responsible and careful internet user.
5.2. The customer is not allowed to circumvent or crack the security applications on the website.
5.3. The customer is not permitted to use the website in such a way that the correct functioning of the computer systems of Grow Your Ownn VOF or third parties is affected or that other users of the website are hindered or impeded.

Article 6. Realization of the agreement
6.1. The agreement is concluded when:
1.a. The customer has successfully completed the entire ordering process via the website;
1.b. The customer has expressly agreed in any other way with the offer and/or quotation of Grow Your Ownn VOF in writing or by e-mail.
6.2. The agreement can only be concluded via the website after the customer has clicked during the ordering process that he agrees with these general terms and conditions.
6.3. After the agreement has been concluded via the website, Grow Your Ownn VOF will immediately send the customer a confirmation via e-mail. If the customer has not received a confirmation email from Grow Your Ownn VOF, the customer should contact Grow Your Ownn VOF

Article 7. Payment and invoicing
7.1. Orders placed via the website can be paid for using the payment options stated during the ordering process.
7.2. Grow Your Ownn VOF has taken appropriate security measures to ensure that the electronic payment via the website is safe.
7.3. An invoice will be sent to the customer, being a company that has not placed an order via the website. The invoice must be paid within 14 days of the invoice date.
7.4. If the customer does not meet his payment obligation(s) in time, then the customer is, after Grow Your Ownn VOF has pointed out the late payment and Grow Your Ownn VOF has granted the customer a period of 14 days to to meet payment obligations and the customer has not complied with this, the statutory (commercial) interest is owed on the amount still due and Grow Your Ownn VOF is entitled to charge the judicial and extrajudicial collection costs incurred by it. The extrajudicial collection costs are determined in accordance with the Collection Costs Act.

Article 8. Prices
8.1. The prices stated on the website include VAT.
8.2. Prices stated in a quotation for the customer being a company are exclusive of VAT.
8.3. Grow Your Ownn VOF has the right to adjust its prices from time to time.
8.4. The amount of the shipping costs will be made known to the customer during the ordering process, prior to the conclusion of the agreement, unless article 6.4 applies.

Article 9. Complaints
9.1. If the product ordered by the customer is delivered damaged or defective, or if it is an incorrect product, the customer can contact Grow Your Ownn VOF customer service within a period of 14 days after receipt of the products. the contact details. Grow Your Ownn VOF will then arrange for a credit, refund or replacement. For the consumer, a complaint period of 2 months applies to reporting a defect in a delivered non-living product.
9.2. Complaints submitted to Grow Your Ownn VOF will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Grow Your Ownn VOF will reply within the period of 14 days with a notification of receipt and an indication when the customer can expect a more detailed answer.

Article 10. Right of withdrawal when ordering via the website
10.1. The customer has the right to dissolve the agreement concluded via the website during 14 days without stating reasons. This term starts to run from the moment the customer has received the entire order from Grow Your Ownn VOF.
10.2. During the withdrawal period as described in article 10.1, the customer will handle the products with care.
10.3. If the customer wishes to make use of his right of withdrawal, the customer must expressly inform Grow Your Ownn VOF within 14 days of receipt of the entire order. This can be done via the email address info@growyourownn.com. The customer is provided with the “Model withdrawal form” that the customer can use if he wishes to terminate the agreement.
10.4. If the customer electronically informs Grow Your Ownn VOF that he invokes his right of withdrawal, Grow Your Ownn VOF will send the customer a confirmation of receipt after receiving this notification.
10.5. During the cooling-off period, the customer will handle the product and the packaging with care. The customer will only unpack or use the product to the extent necessary to determine the nature and characteristics of the product. The basic principle here is that the customer may only handle and inspect the product as he would be allowed to do in a store.
10.6. The customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in article 10.5.
10.7. If the customer dissolves the agreement in accordance with this article, the shipping costs associated with returning the product will be borne by the customer.
10.8. The risk of the return shipment rests with the customer. The customer must sufficiently frank the return shipment. The burden of proof that the product has been returned on time lies with the customer. The customer can prove this by means of a proof of postal delivery.
10.9. Grow Your Ownn VOF will in case of a dissolution as described in this article within 14 days after the customer has invoked his right of withdrawal and Grow Your Ownn VOF has received the product back already paid monies (purchase price + shipping costs for standard delivery of the product). order) refund. Additional costs, if the customer has not opted for the standard delivery, will not be refunded by Grow Your Ownn VOF. If the customer partially dissolves the agreement and not all products are returned, the shipping costs for sending the order will not be refunded to the customer.

Article 11. Exception to the right of withdrawal
11.1. The right of withdrawal as described in Article 10 does not apply to orders that are not placed via the website.

Article 12. Customer Obligations
12.1. The customer ensures that all information that he provides to Grow Your Ownn VOF when the agreement is concluded is correct and complete.
12.2. If the information supplied by the customer is incomplete and/or incorrect, this will be entirely at the expense and risk of the customer.

Article 13. Conformity
13.1. Grow Your Ownn VOF guarantees that the products comply with the agreement, the specifications stated in the offer and/or on the website and with the reasonable requirements of reliability.

Article 14. Guarantee
14.1. Grow Your Ownn VOF further guarantees the quality and/or usability of the delivered products in accordance with the specifications provided.
14.2. The date of delivery of the products is the commencement date of the warranty.
14.3. If a warranty claim is accepted by Grow Your Ownn VOF and Grow Your Ownn VOF requests the customer to return the product(s), the return costs will be borne by Grow Your Ownn VOF.
14.4. No claim can be made under the warranty and complaints will not be processed (further):
4.a. In case of damage resulting from intentional, culpable or negligent treatment;
4.b. In case of incorrect use or poor maintenance;
4.c. With normal wear or discoloration;
4.d. If the product is damaged as a result of not following the instructions for use;
4.e. If there is:
Alterations or repairs by the customer or by unprofessional third parties;
Damage caused by fire, lightning, floods, natural disasters, explosions, frost or extreme weather conditions;
Improperly planting, pruning or caring for the supplied Growset.
14.5. If the customer has wrongly invoked the warranty and Grow Your Ownn VOF has had to incur (research) costs as a result, these costs will be borne by the customer.

Article 15. Liability and limitation
15.1. Grow Your Ownn VOF cannot be held to compensate any damage, which is a direct or indirect result of:
1.a. An event that is in fact beyond his control and thus cannot be attributed to his actions, as described in Article 16, among other things;
1.b. Any act or omission of the customer, its subordinates, or other persons employed by or on behalf of the customer.
15.2. Grow Your Ownn VOF is not liable for damage, of whatever nature, because Grow Your Ownn VOF is based on incorrect and/or incomplete information provided by the customer.
15.3. Grow Your Ownn VOF is not liable for any damage caused by temporary unavailability of the order option, inaccessibility or removal of its website due to maintenance or otherwise.
15.4. The colors that can be seen on the customer’s screen may differ from the colors that the product actually has. Grow Your Ownn VOF is not liable for such color deviations.
15.5. Grow Your Ownn VOF is not liable for any damage whatsoever due to incorrect or incompetent care of the products.
15.6. Grow Your Ownn VOF is not liable for mutilation or loss of data as a result of sending the data using telecommunications facilities.
15.7. Grow Your Ownn VOF is never obliged to pay compensation as a result of consequential damage. Consequential damage is in any case considered to be: lost turnover, lost profit, lost savings, trading loss, business interruption, stagnation damage, delay damage, reputation damage, labor costs, environmental damage, fines imposed and indirect damage, regardless of their origin.
15.8. If Grow Your Ownn VOF should be liable for any damage, the liability of Grow Your Ownn VOF is limited to the amount of the payment made by the insurer of Grow Your Ownn VOF. If the insurer does not pay out in any case or the damage is not covered by the insurance, the liability of Grow Your Ownn VOF is limited, insofar as this is not contrary to any mandatory statutory provision, to the amount that the customer pays for the products to which the liability relates.
15.9. The limitations of liability for direct damage included in this article do not apply if the damage is due to intent or willful recklessness on the part of Grow Your Ownn VOF
15.10. Claims rights and other powers of the customer will in any case expire after the expiration of 1 year from the moment a fact occurs that the customer can use these rights and/or powers against Grow Your Ownn VOF. A limitation period of 2 years applies to the consumer.

Article 16. Force majeure
16.1. Grow Your Ownn VOF is not obliged to fulfill one or more obligations under the agreement or to pay compensation in the event of force majeure. Force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, on which Grow Your Ownn VOF cannot exert any influence, but as a result of which Grow Your Ownn VOF is unable to fulfill its obligations to fulfill. Force majeure is in any case understood to mean: weather influences; theft; power and internet failure; disruption in e-mail traffic; computer failure; virus infection or computer intrusion by third parties; floods, landslides and other natural disasters; terrorism; hindrances by third parties, including those of governments; obstacles in transport; strikes; riots, wars or dangers of war; fire; theft; government measures.
16.2. Force majeure also includes a non-attributable shortcoming of a supplier of Grow Your Ownn VOFn

Article 17. Customer service
17.1. For questions about the agreement or the products or to submit a complaint, the customer can contact the customer service of Grow Your Ownn VOF. The customer service of Grow Your Ownn VOF can be reached via:
1.a. the email address: info@growyourownn.com

Article 18. Suspension and dissolution
18.1. Grow Your Ownn VOF is entitled to suspend the implementation of the agreement with immediate effect if after the conclusion of the agreement Grow Your Ownn VOF has become aware of circumstances giving good grounds to fear that the customer will not fulfill its obligations.
18.2. Grow Your Ownn VOF is authorized to dissolve the agreement if the customer does not or does not fully comply with the obligations under the agreement and the customer has not responded to a sent notice of default. If compliance is permanently impossible, a notice of default may be omitted.
18.3. Furthermore, Grow Your Ownn VOF is authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise of such a nature. are that unaltered maintenance of the agreement cannot reasonably be expected.
18.4. Grow Your Ownn VOF is authorized to dissolve the agreement if the customer requests suspension of payment or if this is granted to the customer, if the customer is declared bankrupt or a request is filed, if the customer is unable to pay his debts. proceeds to termination or liquidation of his business, is placed under guardianship, or in the event of an administrator being appointed.
18.5. If Grow Your Ownn VOF proceeds to suspension or dissolution, it is in no way obliged to compensate damage and costs incurred in any way.

Article 19. Privacy
19.1. Grow Your Ownn VOF processes personal data in accordance with its privacy policy on the website.

Article 20. Applicable law and competent court
20.1. Dutch law applies to the agreement between Grow Your Ownn VOF and the customer.
20.2. All disputes regarding agreements between the customer and Grow Your Ownn VOF will be submitted to the competent court in the district where Grow Your Ownn VOF is located. The consumer has 1 month after Grow Your Ownn VOF has invoked this clause in writing against the consumer, to choose the competent court according to the law to settle the dispute.

Article 21: Shipping Policy

We do our best to deliver the order to you as soon as possible. We try to ship orders placed on working days the next day. However, we are not always able to fulfill this, sometimes products are not in stock and the delivery of your order may take a little longer. There is an indication of the delivery time on the product page. If for whatever reason we cannot meet this delivery time, we will of course inform you as soon as possible.

The stated prices do not include shipping costs. The shipping costs are:

€ 5.95 for orders in the Netherlands
€7.95 for orders outside the Netherlands

Delivery is via the postman or parcel deliverer of [LEVERINGSDIENST]. In general, the delivery will take place the next working day between 9:00 and 18:00. Unfortunately, we cannot guarantee the time of delivery.