Terms and Conditions of Limited Leaves
Table of Contents:
Article 1 Definitions
Article 2 Applicability
Article 3 Registration and Order
Article 4 The Agreement
Article 5 Right of Withdrawal
Article 6 Exercise of the Right of Withdrawal by the Consumer and costs thereof
Article 7 Conformity & Warranty
Article 8 Price and Payment
Article 9 Delivery and execution
Article 10 Liability
Article 11 Force majeure
Article 12 Complaints
Article 13 Intellectual property
Article 14 Site security and privacy
Article 15 Other
Article 16 Disputes, applicable law, competent judge
Article 17 Identity Limited Leaves
Annex I: Model withdrawal form
Article 1 - Definitions
In these General Terms and Conditions, the following definitions shall apply:
General Terms and Conditions: the General Terms and Conditions of Limited Leaves;
Withdrawal Period: the period within which the Customer may exercise the Right of Withdrawal to which he is legally entitled;
Order(s): an order registered through the Site in the name of the Customer for one or more Main Products and/or Products;
Day(s): calendar day;
Right of Withdrawal: the possibility for the Customer to waive the Agreement within the Withdrawal Period;
Main Product: flowers and plants, which can be ordered by the Customer via the Site;
Customer(s): the natural and/or legal person, who enters into an Agreement with Limtited Leaves through the Site;
Delivery: the delivery of a Shipment;
Model Form: the form that the Customer may use, among other things, to invoke the Right of Withdrawal;
Agreement: the agreement between Limited Leaves and the Customer established by ordering through the Site;
Product(s): products, other than the Main Product, that can be ordered by the Customer through the Site;
Site: www.limitedleaves.com
Business Day(s): Monday through Friday, excluding holidays as mentioned in Article 3 of the General Terms and Conditions Act;
Shipment(s): an Order in packaging provided by Limited Leaves.
Article 2 - Applicability.
These General Terms and Conditions apply to any offer by Limited Leaves and to any agreement concluded between Limited Leaves and the Customer via the Site.
These General Terms and Conditions will be made available to the Customer electronically and in such a way that they can be easily stored by the Customer on a durable data carrier. If this is not reasonably possible, Limited Leaves shall, prior to the conclusion of the Agreement, send the General Terms and Conditions free of charge as soon as possible at the Customer's request.
Article 3 - Registration and Order.
The Customer may, but is not required to, register on the Site in Limited Leaves' Customer database. Upon registration, the Customer will be assigned an account that will make it easy for the Customer to view their details, Orders and Deliveries at a later time. The Customer may also register to receive a newsletter from Limited Leaves.
If the Customer registers and is assigned an account, the Customer is solely responsible for the use made of his username and password. Customer is responsible for the accuracy of the data in his account and not entitled to let others use it.
Placing an Order is done according to the procedure set out below:
step 1: at the desired Main Product/Product, click on 'Add to Cart';
step 2: then click on 'Continue Shopping' if you want to order more Main Products/Products. When you want to complete the order, click on 'Complete Order';
step 3: you will then be asked to fill in your billing address, choose the mode of shipping and indicate your preferred method of payment, and finally check the details of your order and if they are correct click on 'Purchase'.
step 4: After completing the payment, the Order will be final.
Step 5: Within minutes you will receive an order confirmation by email. If this is not the case please contact customer service.
To the extent that different or additional conditions apply to the ordering, delivery and/or return of specific Main Products and/or Products offered through the Site, this will be expressly stated.
If a Main Product/Product ordered by the Customer turns out not to be in stock, Limited Leaves may cancel the Order or rescind the Agreement without being liable for any compensation. In such case, Limited Leaves shall notify the Customer as soon as possible after the Order is placed.
The Customer may cancel the Order before 3pm on the day the Order is placed.
Article 4 - The Agreement
The Agreement is concluded as soon as the Order is completed in accordance with the procedure set out in Article 3 paragraph 3. Limited Leaves shall promptly confirm the formation of the Agreement through an order confirmation (email) to the Customer.
Limited Leaves reserves the right to refuse an Order for reasons of its own, or to impose further conditions. This may include the Customer's inability to fulfill his/her payment obligations or other circumstances that may affect the responsible conclusion of an Agreement via the Site.
Article 5 - Right of withdrawal
In the case of Main Products:
The Customer cannot rescind a Contract relating to the purchase of a Main Product, as the Main Products are subject to deterioration.
Once the Main Product is removed from its original condition, the Customer's warranty will lapse. In this regard, Limited Leaves recommends that the item be acclimatised for at least 21 days.
For Products
The Customer has the right to cancel the Agreement within 14 Days of receipt of the Product without giving reasons. This can be done through an electronic communication to this effect to Limited Leaves.
The cooling-off period mentioned in paragraph 2 starts the day after the Customer, or a third party designated in advance by the Customer, who is not the carrier, receives the Product.
During the period mentioned in the previous paragraph, the Customer undertakes to handle the Product and its packaging with care, failing which Limited Leaves may recover any decrease in value from the Customer. If a Customer wishes to exercise his/her Right of Withdrawal, he/she shall return the Product with all delivered accessories and - if reasonably possible - in its original condition and packaging and in accordance with any additional reasonable and clear instructions provided by Limited Leaves for this purpose. Any decrease in value of the Product due to the actions of the Customer shall be borne by the Customer
When the Customer exercises his Right of Withdrawal, no more than the cost of returning the Product shall be borne by the Customer.
When the Client exercises his right of withdrawal, the order amount due will be refunded within 14 days after notification of the return provided that the Product has already been received back in good order.
In addition to the Main Products, the exclusion of the Right of Withdrawal will also apply in respect of Products where this is explicitly stated in the offer, or at least before the conclusion of the Agreement.
must return the goods within 14 days after notification of the return.
Article 6 - Exercise of the right of withdrawal
The Client can exercise his Right of Withdrawal, by notifying [email protected] within the Reflection Period, whether or not by using the Model Form.
After exercising the Right of Withdrawal, the Customer will return the Product as soon as possible, but no later than 14 Days after the notification.
The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lies with the Customer.
Article 7 - Conformity and Warranty
Limited Leaves guarantees the conformity of the Main Product/Product in accordance with the product description as stated on the Site. If a specific warranty arrangement applies in respect of Main Products/Products, this will be expressly stated on the Site.
The Customer may only invoke the warranty if the Customer uses the Main Product/Product carefully and in accordance with the manner indicated on the Site.
Article 8 - The Price and Payment.
Limited Leaves is entitled to change the prices of Main Products and/or Products offered.
The prices as stated on the Site are in Euros and include VAT.
The Customer shall pay the amount owed to Limited Leaves in connection with an Order by one of the payment methods permitted (or agreed upon) by Limited Leaves, within the time period set (or further agreed upon) by Limited Leaves for that purpose.
In the case of payment by credit card, delivery will not take place until the order amount has been cleared. This may take some time.
If the Customer fails to fulfill his/her payment obligation(s) on time, he/she shall, after being reminded by Limited Leaves and given a period of 14 days to still fulfill his/her payment obligations, owe statutory interest on the amount still due after the failure to pay within this period, and Limited Leaves shall be entitled to charge the extrajudicial collection costs incurred by it.
Only after full payment by the Customer of the amount due for an Order, ownership on the Main Product/Product shall pass from Limited Leaves to the Customer. Damage and/or loss of the Main Product/Product while it is still subject to a retention of title shall be entirely at the expense and risk of the Customer.
Article 9 - Delivery and execution.
Limited Leaves shall take the utmost care in receiving and executing Orders.
Limited Leaves shall deliver the Order(s) to the Customer at the address made known to Limited Leaves by the Customer in a manner it shall determine.
If delivery to the agreed address proves not to be possible, Limited Leaves will handle the Consignment in accordance with the procedure applicable to the Consignment and, if possible, inform the Customer accordingly.
Limited Leaves shall endeavor to execute accepted Orders with due speed. If delivery is delayed, or if an Order cannot or can only be partially carried out, the Customer will be notified as soon as possible after he places the Order. In this case, the Client has the right to dissolve the Agreement without any costs.
In the event of dissolution in accordance with the previous paragraph, Limited Leaves will refund the amount the Customer has paid as soon as possible, but no later than 30 days after dissolution.
Limited Leaves has a best-efforts obligation to meet the agreed delivery deadline. However, such term is not fatal and exceeding it does not entitle the Customer to claim compensation.
The risk of damage and/or loss of Main Products/Products rests with Limited Leaves until the time of delivery to the Customer, unless expressly agreed otherwise.
The Customer is obliged to accept the Consignment upon arrival at the address indicated by the Customer.
Article 10 - Liability
If the Customer considers that Limited Leaves has not properly complied with the Delivery of a Main Product/Product, he must notify Limited Leaves by e-mail within 7 Days after he discovers or could reasonably have discovered the defect in question, accompanied by proof, failing which he may no longer invoke the defect. In any case, with the exception of special circumstances to be proven by the Customer, the Customer shall be deemed reasonably able to discover a defect from the moment he/she received the Main Product/Product delivered by Limited Leaves.
If Limited Leaves has not complied with its Delivery obligations, as referred to in these General Terms and Conditions, the Customer has acted in accordance with Article 10.1 of these General Terms and Conditions, and the defect has not been remedied within a reasonable time, Limited Leaves shall be liable for direct damage in respect of its shortcoming, provided it can be attributed to it. Any liability for indirect and/or consequential damages, including losses suffered, lost profits, missed savings, reputational damage and lost goodwill, is excluded.
The scope of any liability of Limited Leaves is always limited to the invoice value of the delivered Main Product/Product, through which or in connection with which the liability arose.
The limitation of the scope of liability described in Article 3 does not apply in the event of intentional or deliberate recklessness of Limited Leaves' executives (and managerial subordinates).
Article 11 - Force Majeure.
Limited Leaves is not obliged to fulfill any obligation under the Agreement if it is prevented from doing so due to a non-attributable failure. A non-attributable failure includes, among other things, Limited Leaves' inability to fulfill its obligations to the Customer due to an attributable failure of third parties whose assistance Limited Leaves uses in the execution of the Agreement and strikes.
Article 12 - Complaints
In the event of questions and/or complaints regarding (a) Limited Leaves Product(s), the Customer must always contact the Limited Leaves Customer Service Department at https://www.limitedleaves.com/nl/service/.
If no solution can be reached together, the European Commission's ODR platform can be contacted at http://ec.europa.eu/odr. Complaints can also be submitted to Webwinkelkeur as a dispute.
Article 13 - Intellectual Property.
Unless expressly agreed otherwise, the intellectual property rights (including copyrights) of all Main Products/Products made available to a Customer under an Agreement shall remain with Limited Leaves and shall not be transferred to the Customer.
Article 14 - Site Security and Privacy.
Limited Leaves undertakes to ensure the necessary technical and organizational measures to secure the electronic transmission of data and a secure web environment.2.
Limited Leaves values the protection of its Customers' personal data and has established a Privacy Statement for www.limitedleaves.com.
Article 15 - Other.
No rights can be derived from the information on this Site.
Typos and price changes reserved.
Limited Leaves is entitled to amend these terms and conditions from time to time. The amended terms and conditions will apply as soon as they are published on the Site. If a Customer subsequently places an Order for a Main Product/Product as offered on the Site, 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 a Main Product/Product.
If any provision of these General Terms and Conditions is void or nullified, the other provisions of these General Terms and Conditions shall remain in full force and effect and Limited Leaves shall include (a) new provision(s) to replace the void or nullified provision(s), taking into account as much as possible the purpose and purport of the void or nullified provision(s).
Limited Leaves is entitled to engage third parties for the execution of the agreement.
Article 16 - Disputes, applicable law, competent court
In the event of a dispute, the data recorded by Limited Leaves shall be decisive, subject to proof to the contrary.
All Agreements are governed by Dutch law.
Any disputes, which cannot be resolved by mutual agreement, shall be submitted by the most interested party to the competent court in The Hague.
Article 17 - Identity Limited Leaves
www.limitedleaves.com is a web store of:
Limited Leaves
De Bruidsbogerd 3
2671 DK NAALDWIJK
Email address: [email protected]
Chamber of Commerce number: 89359305
Btw-identificatienummer: NL864957671B01
Annex I: Model withdrawal form
Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)
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 provision of the following digital content: [digital content designation]*
the provision of the following service: [designation service]*,
revokes/revokes*
Ordered on*/received on* [date of order for services or receipt for 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.