GENERAL TERMS AND CONDITIONS
1. Identity and contact details of the company
Company name: Plukkers
Legal form: Private limited company (BV)
Address of the registered office: Wakkensteenweg (SBV) 70, 8710 Wielsbeke (Belgium)
Company number: 0746.760.438
Legal Entities Register Ghent, Kortrijk department
VAT number: BE 0746.760.438
Tel: +32 (0)56 89 41 26
E-mail: info@plukkers.com
Website: www.plukkers.com
2. Validity, knowledge and acceptance
2.1 These general terms and conditions apply to all products, orders, offers and agreements via the webshop. ( www.plukkers.com ), between the private limited company MOESTUINWEETJES, registered in the RPR Ghent, Kortrijk division with company number 0746.760.438 and with registered office at Wakkensteenweg (SBV) 70, 8710 Wielsbeke (hereinafter “We”, “Us”, “Our” ), and the Customer ( hereinafter referred to as “You”, “Your”, “The Customer” ), to the exclusion of any general or special terms and conditions of the Customer.
2.2 By placing an order, you expressly declare that you are aware of these general terms and conditions and that you accept them. We strive to provide you with to provide sufficient opportunity to consult and thus accept the general terms and conditions. You can freely view these general terms and conditions via the website or request a copy by contacting our customer service. We will also explicitly refer to the terms and conditions where possible. when confirming orders and payments, as well as when using the website, whether or not via a clickable link and/or with a mandatory click action.
2.3 Any nullity or invalidity of any of these terms and conditions does not invalidate the other terms and conditions or the agreement. The invalidity or void provisions should then be read as a valid provision where the result comes as close as possible to the intended result of the invalid provision or void provision.
2.4 If a separate written agreement is concluded between us and the customer, the provisions of the separate agreement will prevail. have these general terms and conditions, insofar as we have agreed to them in writing. These general terms and conditions will then serve as supplementary law, where applicable.
3. Offer and conclusion of the agreement
3.1 The offer is valid while supplies last and can be adjusted or withdrawn by us at any time. If a product or promotion has a limited validity period If this is the case or if it is done under specific conditions, this will be explicitly stated in the offer.
3.2 We are not responsible for incorrect representations of offers, services or prices due to incomplete information, printing errors, deviating color reproduction or information that is outdated. Although the online catalog on the website is compiled with the utmost care, it is still It is possible that the information provided is incomplete, contains material errors, or is not up-to-date. We are not bound by obvious errors or mistakes. in the offer. We are in no way liable for obvious material errors, typographical errors, or printing errors. Images may contain elements that are not included in the The price is included and the colours may differ from reality as they depend on the user's screen settings, among other things.
3.3 When you place an order through our webshop, you will be redirected to our payment environment, managed by Mollie. The agreement is concluded after We have received confirmation of your payment and we will send you an order acceptance. Accepted orders will be confirmed by us to you by an order and payment confirmation by email.
3.4 We reserve the right to accept or decline orders at our sole discretion. Orders placed by a customer with whom we have a dispute Any request that consists of a fraudulent-looking profile or which demonstrates a serious shortcoming on the part of the customer may be cancelled or refused by us at any time.
4. Product descriptions and deviations
4.1 We make every effort to describe and depict the products on our website as accurately and completely as possible. However, because in some cases If it concerns living materials, such as plants, flowers, trees, flower bulbs, seeds, seed potatoes, vines and sprouts, the delivered products may differ from the description and/or photos on the website. This includes, but is not limited to, variations in height, dimensions, number of leaves, flowers, or other natural features.
4.2 Many of our products are subject to seasonal, weather, and growing conditions. This can affect the Availability, quality, and appearance of the delivered products. We assure you that we always do our utmost to deliver high-quality products. that meet your expectations.
4.3 However, we are not liable for any deviations from the product descriptions or images that result from the nature of living materials and/or seasonal influences. Such deviations do not entitle you to a refund, compensation, or replacement, unless expressly agreed otherwise. If you have any questions or have any comments, please contact our customer service.
5. Gift cards
5.1 We offer the option to purchase gift cards through the website. Gift cards are valid indefinitely. Redeem them for cash or Refunds in case of loss or damage are not possible.
5.2 Gift cards can be redeemed on the website for the purchase of qualifying products – if a product is not eligible, this will be Always displayed with the relevant product. A gift card cannot be used to purchase another gift card.
5.3 Gift cards can only be used before ordering and cannot be used retroactively.
5.4 If you cancel an order or return products for which you have redeemed a gift card, the amount paid will be refunded via a gift card and available for future purchases. If you return products that were partially paid for with a gift card, the purchase price of all Goods you keep that were eligible for purchase with a gift card, first paid for by redeeming the gift card. The remaining refund amount will be refunded via the other payment method you used.
6. Delivery of orders
6.1 We always take the utmost care in the execution and delivery of orders. We always work with recognized delivery partners. courier services.
6.2 The delivery address is the address you provided when placing your order. Incorrectly provided delivery addresses are your own responsibility. responsibility and may result in additional costs. So check this carefully!
6.3 The delivery of the products will take place, to the extent possible, within the time specified in the individual order confirmation. We will endeavor to to always deliver products as quickly as possible, in any case no later than 30 (thirty) days after placing your order.
6.4 If you have not received the products within 30 (thirty) days after placing the order, you must notify us in writing. You can You can do this by contacting customer service via the website. An additional delivery period will then be agreed upon that is reasonable given the circumstances. If we are still unable to deliver the products within that additional period, you have the right to cancel the order. We we will then reimburse all costs already paid, including any standard shipping costs paid.
6.5 We reserve the right to make partial deliveries.
6.6 We reserve the right to charge shipping costs. If these costs are charged, they will always be clearly displayed before you order. places an order.
6.7 The risk of the product passes to you at the moment you, or a third party designated by you, who is not the carrier (for example a neighbour), takes physical possession of the products.
7. Legal right of withdrawal (returning orders)
7.1 When purchasing goods through our website, you have the option to cancel the agreement without giving any reason within 14 (fourteen) days. This The term commences on the day after receipt of the product by or on behalf of the customer.
7.2 Please note! The right of withdrawal does not apply (in accordance with Article VI.53 WER) to:
- the supply of goods manufactured to consumer specifications or clearly personalized (for example, products on custom-made – such as custom-cut mesh, cloth, nets and greenhouses, conservatories, foil tunnels, etc.);
- the supply of goods that spoil quickly or have a limited shelf life, such as plants, flowers, trees, seed potatoes, flower bulbs, seeds, vines, sprouts, flour and meal, packets with ingredients for bread, packets with ingredients for kombucha, tea, sugar and other foods;
- the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after the delivery is broken;
- the supply of goods which, after delivery, are by their nature inseparably mixed with other products;
- digital products such as online courses, e-books, white papers, webinars, online training courses, when the customer has expressly agreed to this prior to delivery agreed to commence performance of the agreement before the end of the cooling-off period and he/she has acknowledged that he/she will lose the right of withdrawal upon granting this consent.
7.3 In any case, you must inform us of your decision to revoke (return) before the revocation period has expired and this by means of an unambiguous statement. Declaration. You can easily do this yourself via the contact page on the website. https://plukkers.shipping-portal.com/rp/ .
7.4 You must return the products within 14 (fourteen) days of notification of your decision to cancel. The products must be undamaged, in original condition and, if possible, returned in the original packaging. You are responsible for paying the return shipping costs yourself.
7.5 We reserve the right to first inspect the returned products and any reduction in value that may have occurred as a result of handling the products. by you that goes beyond what is necessary to establish the nature, characteristics and functioning of the products (for example stains, cracks, scratches, damage, etc.), to be charged. For example: When you order dungarees, you can, of course, try them on to see if they fit and look good on you. However, you're not allowed to wear them in the garden. If you return the dungarees with mud stains, we unfortunately cannot accept them and you will not receive a refund.
7.6 Have you registered a return and sent the products back to us? Then we will refund all payments received up to that point, including shipping costs paid by you. We will refund you within a maximum of 14 (fourteen) days after we have received all products, or until you have demonstrated that they have been returned (for example via a track and trace code), whichever comes first. The refund will be made using the same payment method you used. selected when paying for the original order.
8. Legal warranty
8.1 You are entitled to a two-year warranty, starting from the date the products were delivered. If you discover a defect, you must notify us. within 2 (two) months from the day you discovered the defect. You are then entitled to free repair or free replacement of the ordered item. product. If free repair or replacement is impossible or would entail disproportionate costs, you are entitled to a refund of the amount paid. amount.
8.2 Any deviations from the product descriptions or images resulting from the nature of living materials and/or seasonal influences are not covered by the legal warranty and do not entitle you to free replacement or refund.
8.3 The warranty does not apply if:
- you have repaired and/or modified the delivered products yourself or have them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or in conflict with our instructions and/or on the packaging;
- the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
9. Presales
9.1 For certain products, you have the option to reserve them through presales. When purchasing these products, the expected price is stated in the product description. Delivery date stated. This delivery date is an estimate and may vary slightly depending on circumstances such as weather conditions or supply delays.
9.2 Products ordered in pre-sales are delivered to your home as standard. Delivery to a post office is not possible in these cases.
9.3 You will be notified in a timely manner of any changes to the delivery date or delivery options. We will do everything we can to deliver the products within the specified timeframe, but cannot be held liable for delays beyond our control.
10. Prices and payment terms
10.1 All prices that we communicate to you, whether verbally or via our website, social media, email or any other channel, are in euros and include VAT. Temporary offers, any shipping costs, import duties, taxes, excise duties and any other additional costs or offers made under specific conditions, are not included in the price and are shown separately.
10.2 Unless otherwise agreed, orders must be paid for immediately via the website upon placing the order. Payment options include: Bancontact, Visa, Mastercard, Klarna - pay later and Credit Card.
10.3 After placing and paying for an order, you will automatically receive an invoice by email.
11. Force majeure and liability
11.1 We may terminate the agreement if we are unable to fulfil our obligations due to temporary or permanent force majeure or any other cause beyond our control. Force majeure means all circumstances that cannot reasonably be influenced by us, such as and not limited to: pandemic, strikes, traffic obstructions, exceptional weather conditions, fire, delayed or incorrect delivery by third parties, etc. In that case you are entitled to a refund of amounts already paid to us, without additional compensation for products ordered that have not yet been delivered.
11.2 We may suspend the continuation of an agreement or terminate it extrajudicially, without being liable for damages, if you fail to meet your payment obligation. respects.
11.3 Parties may terminate the agreement extrajudicially and free of charge if the other party fails to fulfill its contractual obligations. Parties confirm each Intent to dissolve in writing, with reasons, and as soon as possible.
11.4 You remain obligated to pay any debts incurred prior to the date of termination. If ordered products were only partially delivered, regardless of the time, these will be charged separately.
11.5 We and/or our employees are not liable for any damage that may occur during or after the performance of the agreement or in connection with to the delivered products, unless there is intent, gross negligence on our part or on that of our employees or agents, or, except in cases of force majeure, on the part of the failure to perform an obligation that constitutes one of the main performances of the agreement. We are never liable for or obliged to compensate intangible, indirect or consequential damages, including (but not limited to) loss of profits, loss of turnover, loss of income, production restrictions, administrative or personnel costs, an increase in general costs, loss of clientele or claims from third parties.
11.6 To the extent that we are dependent on the cooperation, services and deliveries of third parties in the performance of our obligations, we are not liable for any damages resulting from their mistake.
11.7 Our contractual and non-contractual liability is at all times limited to the amount paid by you for the purchased products (including VAT) which have activated our liability.
11.8 If one of the parties does not perform the agreement, only partially or incorrectly, the party that has suffered damage will notify the other party of this. in writing within 14 (fourteen) calendar days, stating the reason and an estimate of the damage suffered. Under no circumstances does this release the customer from the payment obligation. for invoices that do not directly relate to the damage.
11.9 Following a notice of default, we always have the right to remedy the deficiency.
11.10 If you jeopardize our liability through a contractual or non-contractual breach on your part, you must take all necessary measures to indemnify us against any damage we may suffer as a result.
12. Website
12.1 We may modify, limit, or expand the format and content of our website at our sole discretion. While we strive to ensure the website functions optimally, and to secure, any malfunctions, interruptions, loss of data or unintended spread of viruses or malware can never be ruled out. We can not be held liable.
12.2 We are not liable for any damages caused by phishing, farming, or other forms of internet fraud or other criminal activities.
13. Processing of personal data
13.1 We and our appointee(s) collect and/or process the personal data that we receive from you for the purpose of executing the agreement, complying with orders, delivery of goods, handling of complaints, processing of payments, promotional or informative communications, customer management, accounting and direct marketing activities in accordance with the General Data Protection Regulation (GDPR) and the Belgian legislation on the matter. The legal grounds are the performance of the agreement, fulfilling legal and regulatory obligations, consent and/or legitimate interest. Want to know more? Read our privacy statement on the website ( https://plukkers.com/pages/privacyverklaring ).
14. Intellectual property rights
14.1 All documents, images, texts, designs and all other intellectual works created by us, regardless of their form, remain our property. It is not permitted to to share, distribute, publish ... copy, make public, without our explicit and prior consent. Any infringement of these intellectual property rights may give rise to civil and criminal prosecution.
15. Complaints
15.1 Any complaints about our services or products must reach us in writing (e.g. by e-mail) within 14 (fourteen) calendar days, after which We will confirm receipt of the complaint within 30 (thirty) days and then handle it as quickly as possible and to the best of our ability.
16. Disputes and applicable law
16.1 In the event of any disputes arising out of or in connection with these terms and conditions, the validity, performance or interpretation of the agreement, the products or services, the parties will strive for an amicable solution.
16.2 Belgian law applies to disputes relating to these general terms and conditions, the validity, performance or interpretation of the agreement or the products or the provision of services, which cannot be resolved amicably, except where mandatory provisions regarding applicable law apply Consumers play and designate another right. In legal disputes, the Belgian courts of Ghent, Kortrijk division, have exclusive jurisdiction, except when the mandatory provisions regarding applicable law for consumers apply and designate another law.
16.3 The application of the Vienna Convention on Contracts for the International Sale of Goods (1980) is expressly excluded.