General Terms and Conditions Botanisan

Table of Contents:

1. Definitions
2. Applicability
3. Registration and Order
4. The Agreement
5. Right of Withdrawal
6. Exercise of the Right of Withdrawal and Associated Costs
7. Compliance and Warranty
8. Price and Payment
9. Delivery and Execution
10. Liability
11. Force Majeure
12. Complaints
13. Intellectual Property
14. Security of the Website and Privacy
15. Other Provisions
16. Disputes, Applicable Law, and Competent Court
17. Identity of Botanisan

Annex I: Model Withdrawal Form

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Terms and Conditions: The terms and conditions of Botanisan.
2. Cooling-Off Period: The period within which the Client may exercise their Right of Withdrawal.
3. Order(s): The request for one or more Main Products or other Products through the Website.
4. Day(s): Calendar days.
5. Right of Withdrawal: The Client’s right to cancel the Agreement within the Cooling-Off Period.
6. Main Product: Plants, flowers, or other primary items offered by Botanisan.
7. Client: The natural or legal person entering into an Agreement with Botanisan.
8. Delivery: The physical transfer of a Consignment to the Client.
9. Agreement: The contract concluded between Botanisan and the Client upon placing an Order.
10. Product(s): Any other items offered by Botanisan beyond the Main Products.
11. Website: www.botanisan.com
12. Working Days: Monday through Friday, excluding public holidays.

Article 2 – Applicability

1. These General Terms and Conditions apply to all offers and Agreements between Botanisan and the Client via the Website.
2. The Terms and Conditions will be electronically available in a way that the Client can store them on a durable medium.

Article 3 – Registration and Order

1. The Client may register on the Website for an account, which allows them to view their details, Orders, and Deliveries.
2. To place an Order:
   • Add a Product to your shopping bag.
   • Proceed to checkout and complete the required details.
   • Confirm the Order by finalizing payment.
3. Botanisan reserves the right to cancel or refuse Orders in specific circumstances, including stock limitations or payment issues.

Article 4 – The Agreement

1. The Agreement is concluded once the Order has been placed and confirmed.
2. Botanisan reserves the right to refuse Orders or impose conditions at its discretion.

Article 5 – Right of Withdrawal

1. For Main Products, due to their perishable nature, the Right of Withdrawal does not apply.
2. For other Products, the Client may withdraw from the Agreement within 14 days of receiving the Product.

Article 6 – Exercise of the Right of Withdrawal

1. The Client must notify Botanisan via contact@botanisan.com to exercise the Right of Withdrawal.
2. Products must be returned within 14 days of notification, with return shipping costs borne by the Client.

Article 7 – Compliance and Warranty

1. Botanisan guarantees that all Products conform to their descriptions on the Website.
2. Any specific warranty terms will be explicitly stated.

Article 8 – Price and Payment

1. Prices include VAT and are in euros.
2. Orders must be paid in full before delivery.
3. In cases of delayed payment, statutory interest and additional collection costs may apply.

Article 9 – Delivery and Execution

1. Botanisan ensures careful execution of Orders and Delivery to the provided address.
2. In case of delay, the Client may cancel the Order and request a refund.

Article 10 – Liability

1. Botanisan is liable only for direct damages attributable to its actions, with liability limited to the Order value.
2. Indirect or consequential damages are excluded.

Article 11 – Force Majeure

1. Botanisan is not liable for failures caused by circumstances beyond its control, such as third-party issues or strikes.

Article 12 – Complaints

1. Complaints should be reported to contact@botanisan.com or via the Website’s contact form.
2. Clients may use the ODR platform (ec.europa.eu/odr) for unresolved disputes.

Article 13 – Intellectual Property

1. Intellectual property rights remain with Botanisan unless explicitly transferred to the Client.

Article 14 – Security of the Website and Privacy

1. Botanisan takes technical and organizational measures to protect Client data.
2. See the Privacy Policy on botanisan.com/privacy-policy/

Article 15 – Other Provisions

1. Typing errors and price changes reserved.
2. Botanisan may update these Terms and Conditions. Clients are advised to review them before placing Orders.

Article 16 – Disputes, Applicable Law, and Competent Court

1. Dutch law governs all Agreements.
2. Disputes will be resolved by the competent court in The Hague.

Article 17 – Identity of Botanisan

Botanisan
Adress: Leidsevaart 418 2014 HN Haarlem The Netherlands
Email: contact@botanisan.com
Chamber of Commerce number: 7476405
VAT Number: NL002365505B88