Terms and Conditions
TERMS & CONDITIONS
General Terms and Conditions Planty.io
In these General Terms and Conditions the following words shall have the following meaning, unless expressly stated otherwise or the context otherwise requires:
- Planty.io: the user of these General Terms and Conditions, registered at Den Andel, De Streekweg 24, registered with the Chamber of Commerce under "KvK" number 75259974;
- Agreement: the agreement concluded through the website
- Customer: the natural person acting for purposes other than the exercise of his professional or business activities and that concludes an Agreement with Planty.io through the Website;
- Product: the product offered by Planty.io through the website;
- Website: the website www.planty.io.
2.1 These General Terms and Conditions apply to all agreements between Planty.io and the customer through the website.
2.2 Any deviations to these General Terms and Conditions are valid only if agreed in writing or by email.
2.3 In case different conditions have been agreed for certain subjects covered by these General Terms and Conditions, these General Terms and Conditions will remain applicable to any remaining parts of the agreement. Deviations agreed shall never apply to more than one agreement.
2.4 In case one or more provisions of these General Terms and Conditions are void or declared invalid, the remaining provisions of these General Terms and Conditions shall remain in full force and effect. The void or invalid provisions shall be replaced by Planty.io, taking into account the purpose and intention of the original provision(s) to the extent as possible.
3.1 Offers are free of engagement.
3.2 The offer of Planty.io on its Website is valid as long as stocks last.
3.3 Offers do not automatically apply to future Agreements.
3.4 Apparent errors or mistakes in the offer on the Website are not binding on Planty.io.
3.5 The Product range offered on the Website is subject to change.
4.1 Customers can create an account through the Website. For that purpose a customer needs to complete and send in the online registration form.
4.2 The customer provides his correct name, address and other information requested during registration. Planty.io is not responsible for errors as a result of incorrect information provided.
4.3 The account is personal and non-transferrable.
4.4 The customer is at all times responsible for his account on the website and his log-in information. Customer shall keep his log-in information to himself and shall in no case disclose the log-in information to any third parties.
4.5 Creating multiple accounts is prohibited.
5.1 Planty.io does not guarantee that the website will perform without any interruptions or errors or that all errors will be corrected.
5.2 Planty.io has the right to modify the website at any point in time
6. Conditions for use
6.1 When using the website the customer shall act in such a way as may be expected from a responsible internet user exercising due care.
6.2 Customer is prohibited from circumventing or crack the security applications of the website.
6.3 Customer is prohibited from using the website in such a way that it affects the proper performance of computer systems of Planty.io or any third parties or that other users of the website are interfered with respectively restricted as a result of that.
7. Prices and shipping
7.1 Any prices stated on the website are inclusive of btw, exclusive of shipping and exclusive of any import duties.
7.2 Shipping costs are clearly stated to the customer before he can confirm the order.
7.3 Planty.io has the right to modify its prices from time to time.
8. Conclusion of Agreement
8.1 The agreement is concluded after the customer has completed the entire order process through the website and has clicked the button "Order subject to payment obligation".
8.2 The agreement shall not be concluded through the website until after customer has clicked the button confirming that he has approved of these General Terms and Conditions.
8.3 After the agreement has been concluded through the Website, Planty.io will immediately send the customer a confirmation by email. This confirmation email will contain the order number and other information of the customer's order. In case the customer has not received a confirmation email from Planty.io, the customer needs to contact Planty.io's customer service.
9.1 The customer is offered the following payment options:
- iDEAL (Netherlands)
- Credit card (Mastercard and VISA)
- Apple Pay
- prior to delivery: by transfer of the invoice amount to the IBAN account of Planty.io;
- Bancontact (Belgium)
- Sofort Banking
- Giropay (Germany)
- Cartes Bancaires (France)
- Postepay (Italy)
- P24 (Poland)
- Klarna (Netherlands, Germany/Austria, Finland)
9.2 In case the customer does not pay in time a reminder shall be sent to the customer, requesting to pay the outstanding invoice within a reasonable time. In case the customer does not pay the invoice within the time stated in the reminder, the customer shall be sent a demand for payment. In case the customer does not comply with this demand for payment, Planty.io may pass the claim on to a collection agency or bailiff firm for collection. From the time at which the customer is in default until the time of payment of the entire outstanding amount the customer shall be charged legal interest. Costs of collection shall be charged to the customer in accordance with the Dutch Extrajudicial Collection Cost Regulation.
10. Delivery and term of delivery
10.1 The Product will be sent to the address provided by the customer.
10.2 The term of delivery provided cannot be considered a final deadline.
10.3 In case Planty.io is not able to deliver the Product within 30 days of conclusion of the agreement, Planty.io shall inform the customer of this by email and the customer will have the right to cancel the agreement free of charge, unless a longer term of delivery has been expressly agreed with the customer. In case the customer cancels the agreement, Planty.io will repay any amounts already paid within 14 days after cancellation.
10.4 The risk in the product passes to the customer at the time at which the customer has received the Product.
10.5 The customer himself is liable for any import duties, customs formalities and taxes in connection with the product.
Article 11. Right of Withdrawal
11.1 Customer has the right to cancel the agreement without stating reasons during 14 days. This term commences at the time at which the customer has received the entire order from Planty.io.
11.2 In case the customer wishes to invoke his right of withdrawal, the customer must expressly notify Planty.io of this within 14 days after receipt of the entire order. The customer will be provided the "withdrawal model form" which the customer can use in case he wishes to cancel the agreement.
11.3 After the customer has invoked his right of withdrawal, the customer is required to return the product to Planty.io within 14 days, subject to the condition that it is not used, not damaged and not modified, and - if reasonably possible - in its original packing. The bags withe soil and nutrients may not be opened.
11.4 The customer may also return the product to Planty.io within the withdrawal term as described in article 11.1 without first notifying Planty.io that the customer invokes his right of withdrawal. In that case the customer is required to enclose in the return shipment the "withdrawal model form" or a similar unequivocal statement to the effect that the customer invokes his right of withdrawal.
11.5 The customer is obliged to affix sufficient postage to the parcel to be returned by the customer.
11.6 If the products returned are damaged, incomplete or if they have been used, the amount which Planty.io will repay to Customer in accordance with article 11.9 will be reduced by the amount of this damage.
11.7 In case the customer cancels the Agreement in accordance with this article the shipping costs for the return shipment of the Product will be borne by the customer.
12.8 The risk in the return shipment lies with the customer, unless the product is collected from the customer by Planty.io.
12.9 In case of cancellation as described in this article Planty.io will refund any amounts already paid (purchase price + shipment for delivery of the product) within 14 days after the customer has invoked his right of withdrawal.
12.10 Customer will be sent a document, named "Information with respect to the exercise of right of withdrawal" in which the procedures concerning the right of withdrawal are explained to the customer.
13. Return address
13.1 Products must be returned to the following address:
De Streekweg 24
9956 PS Den Andel
De Streekweg 24
9956 PS Den Andel
14.1 Planty.io guarantees that the products comply with the agreement, the specifications stated in the offer, as well as the reasonable demands concerning quality and/or usability and the legal provisions and/or government regulations existing at the time of conclusion of the agreement.
14.2 In case the product supplied does comply with the agreement, the customer must contact Planty.io's customer service within 1 months after the customer has discovered the defect.
14.3 In case Planty.io has supplied a defective product, Planty.io will credit and repay the invoice amount of the product to the customer or, in case the customer wishes, a new product will be sent to the customer.
14.4 For the purpose of inspection whether the product is defective, Planty.io may demand from the customer that the customer returns the product to Planty.io, costs to be borne by Planty.io.
15.1 Information and services mentioned on the website may contain technical mistakes and/or typographical errors. Planty.io is not liable for such errors and/or mistakes.
15.2 The operation of the website may be interrupted by for instance a malfunction or maintenance. Planty.io is not liable for damage in case of temporary unavailability of the website.
15.3 Planty.io can never guarantee that the information on the website is correct. Planty.io will make every effort to ensure that the accuracy of this information is as consistent as possible. Outside influences, for instance as a result of hackers, are always possible and may lead to distorted information. Planty.io is not liable for this distorted information.
15.4 Planty.io is not liable for damage of whatever kind caused by Planty.io acting upon incorrect and/or incomplete information provided by the customer.
15.5 Planty.io can in no way be made liable for the loss of a user name and password used by the customer. For that reason Planty.io cannot be made liable in case any unauthorized third parties use the customer's log in codes.
15.6 The colours shown by the customer's screen may differ from the actual product colours. Planty.io is not liable for any minor colour differences.
15.7 Planty.io is not liable for any accidents involving or caused by the product or damage caused to the product as a result of for instance incorrect use, use not in accordance with the instructions for use or as a result of incorrect assembly or installation of the product by the customer or any third parties engaged by the customer.
15.8 Planty.io is not liable for loss or distortion of information due to transmission of the information by telecommunication facilities.
15.9 Planty.io does not accept any liability towards the customer for indirect or consequential damage, including but not limited to loss of information, profit, turnover or savings.
15.10 In case Planty.io is liable for any for any damage, the liability of Planty.io is limited to the amount of the payment made by the insurer of Planty.io. In case the insurer does not pay in any given case or the damage is not covered by the insurance, the liability of Planty.io is limited to the invoice amount or that part of the agreement to which this liability applies.
15.11 The limitations of liability for direct damage contained in these General Terms and Conditions do not apply in case damage is caused by intent or deliberate recklessness on the part of Planty.io or its subordinates.
Article 16. Force Majeure
16.1 Planty.io is not obliged to observe any obligations under the Agreement or to pay any damages in case of Force Majeure. Force Majeure shall in any case include: non-attributable failure in performance on the part of third parties engaged, virus infection and unauthorized access by third parties, traffic obstructions, weather influences, internet malfunctions, power interruptions, fire, theft, government measures and any other situation beyond the (decisive) control of Planty.io.
16.2 In case Planty.io knows or suspects that it will be prevented to supply (part of the) order due to Force Majeure, Planty.io will inform the customer of that as soon as possible by email. In such a case article 10.3 applies.
Article 17. Customer service and complaints
17.1 For questions about the order or submitting any complaints Customer can contact Planty.io's customer service. Planty.io's customer service is available in the following ways:
through telephone, number 06-24420549 during business hours
through email: address firstname.lastname@example.org
17.2 If possible, questions by telephone will be answered immediately. If that is not possible, the customer will be informed of the term within which the customer may expect a reply.
17.3 After every question and/or complaint submitted by email, which cannot be responded to immediately, a confirmation of receipt will be sent to the customer, containing the term within which the customer may expect a reply.
17.4 Complaints are settled by Planty.io in any case within 30 days.
Article 18. Privacy
18.1 Planty.io processes personal information in accordance with the Dutch Data Protection Act.
Article 19. Applicable law and competent court
19.1 Any rights, obligations, offers and agreements to which these General Terms and Conditions apply, are governed by Dutch law exclusively.
19.2 Any disputes between the customer and Planty.io shall be submitted to the jurisdiction of the competent court of law in the district in which Planty.io has its registered place of business. After Planty.io has informed the customer in writing that it wishes to invoke this condition, the customer has the opportunity during one month to opt for settlement of the dispute by the court that is competent by virtue of the law.
Artikel 20. Klarna
In case you pay for your order using Klarna (payment after receival) you also agree to their terms & conditions.