GENERAL TERMS AND CONDITIONS
Table of contents:
Article 1 - Company details
Article 2 - Applicability
Article 3 – Offers and agreements
Article 4 - Cancelling an order
Article 5 - Prices
Article 6 - Delivery
Article 7 - Exclusion of the right of return
Article 8 - Availability of Products
Article 9 - Liability and responsibility
Article 10 - Retention of title
Article 11 - Complaints Procedure
Article 12 - Website
Article 13 - Disputes, applicable law, change clause and clause about translations
Article 1. Company details
BULBi.nl LTD (hereafter BULBi)
17 Bloomfield park
Bath, BA2 2BY
Company number: 13153670
VAT registration number: 369 6246 54
Warehouse
Leidsestraat 170
2182 DS HILLEGOM
NETHERLANDS
Phone number: 0031 252 530083
E-mail address: info@bulbi.co.uk
BULBi.co.uk is a webshop that is associated with the Dutch company Green Garden VOF. BULBi.co.uk has been specially developed for our UK customers.
Article 2. Applicability
BULBi supplies flower bulbs and tubers, rhizomes and perennials (hereinafter ‘the Products’). All offers, orders and agreements of BULBi relating to the Products shall be subject to these General Terms and Conditions (hereinafter ‘the Terms and Conditions’). Accepting an offer or placing an order implies that you accept the applicability of these Terms and Conditions.
Deviation from the provisions of these Terms and Conditions is only possible after written notification or written approval by BULBi, in which case the remaining provisions shall remain in full force. BULBi expressly rejects any purchase or other conditions of the Customer. If one or more provisions in these Terms and Conditions are declared invalid, the other provisions shall remain in full force and effect. BULBi reserves the right to change these Terms and Conditions unilaterally if BULBi has a compelling interest in doing so.
All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of BULBi, are likewise stipulated for the benefit of intermediaries and other third parties engaged by BULBi.
If the Customer is a consumer, these Terms and Conditions respect the consumer's rights under the applicable law (or the sales agreement).
Article 3. Offers and agreements
All offers by BULBi are non-binding and BULBi expressly reserves the right to change prices, in particular when required by (statutory) regulations. An agreement only comes into effect after acceptance of your order by BULBi.
BULBi is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise.
Article 4. Cancelling an order
The Customer has the right to cancel the order. Cancellations should be notified via our email address info@bulbi.co.uk. If your order has not yet been processed, you can immediately cancel your order free of charge. If your order has already been dispatched, you will be obliged to refund the costs incurred (including the shipping and order costs incurred). For reimbursement, BULBi will use the same means of payment that the Customer has used, unless the Customer agrees to another method.
Article 5. Prices
The stated prices of the Products offered are in British Pounds (GBP), including VAT but excluding shipping costs. Invoices do not include Customer VAT numbers.
Article 6. Delivery
The delivery time of the Products is tailored to the planting season. Outside the planting season, you can place an order, which will be delivered during the planting season for your region. Within the planting season, your order will be dispatched within a few days to a week. You will also find the shipping period on your order confirmation. Products are insured during transportation.
Any delivery times given by BULBi are indicative only. We will inform you of any unforeseen deviation in the delivery times. Exceeding any delivery time does not entitle you to compensation. However, if the shipment (from the time of sending) takes longer than thirty (30) days, both BULBi and the Customer have the option to dissolve the agreement in writing, after which both parties are released from their obligations to each other and any payments already made will be refunded.
Delivery of the Products shall take place at the place and time when the Products are ready for shipment. The place of delivery shall be the address made known to BULBi by the Customer.
Article 7. Exclusion of the right of return
No legal right of return applies to our Products in connection with perishability of these (fresh) Products. The right of return is therefore excluded in these Terms and Conditions. For complaints about delivered Products, please refer to the Complaints Procedure below.
Article 8. Availability of Products
Our Products are natural products. Availability depends on the harvest results of our suppliers' crops. Despite careful planning, an item may unexpectedly be unavailable or very limited. In that case, BULBi will notify you and suggest a suitable replacement by e-mail.
Article 9. Liability and responsibility
BULBi shall only be liable for direct damages resulting from an attributable failure to fulfil its obligations under the agreement.
BULBi's liability is limited to the amount paid out under its liability insurance. If the insurance does not pay out, BULBi's liability shall be limited to the amount of the invoice. Any claim for compensation shall lapse 1 year after the Customer becomes aware of the damage.
BULBi shall not be liable for indirect damages, including consequential damages, lost profits, missed savings and damages due to business interruption. BULBi shall furthermore not be liable if a shortcoming is the result of force majeure. Force majeure exists if a shortcoming cannot be attributed to BULBi, including, for example, government measures, transport disruptions, crop failures and strikes or illness at BULBi or its suppliers. In case of force majeure, BULBi has the right to terminate the agreement in whole or in part, without being bound to any compensation.
The customer is fully responsible for the use of the delivered goods. BULBi is not liable for negative consequences of injudicious, improper or incorrect use or misuse.
Article 10. Retention of title
Ownership of Products delivered shall not pass until the Customer has fully paid the invoiced amount to BULBi under the agreement. The risk of loss of or damage to the Products under the agreement shall pass to the Customer at the moment they are legally and/or actually delivered and thereby come into the possession of the Customer or a third party designated by the Customer.
Article 11. Complaints procedure
- Complaints on delivery
The Customer is obliged to examine immediately upon delivery whether the Products delivered comply with the agreement. Complaints about the delivered Products can only be considered if (i) the delivered Product is a different Product than the ordered Product, or (ii) if the delivered Product has visible damage.
In case of complaints, the Customer must inform BULBi thereof as soon as possible and in any event within three (3) working days after delivery via the e-mail address info@bulbi.co.uk, stating the order number, with a clear description of the complaint, and adding one or more photos of the Product. If there is indeed an incorrect Product or visible damage, a suitable solution will be sought in consultation with the Customer. Complaints that are not submitted within (3) working days after delivery will not be processed.
- Complaints relating to flowering
BULBi only provides flowering guarantee on the first flowering period after purchase of the relevant Product. In case of complaints relating to flowering, the Customer must inform BULBi thereof as soon as possible and in any case within two (2) months after the end of the first flowering period via the e-mail address info@bulbi.co.uk. The complaint will only be considered:
- upon receipt of photos of the relevant Product and indication of the order number; and
- upon receipt of a description of the planting and growing conditions (e.g. planting period, climate and condition of the Product); and
- after the flowering period of the relevant Product.
The requirements for the growth and flowering of our Products can be very specific. On external elements such as weather conditions, soil type and pests, BULBi has no influence. We cannot guarantee that the Products will grow and bloom in every climate and under all conditions. It is the Customer's own responsibility to plant and care for the Products at the right planting time and under the right conditions.
The flowering guarantee does not apply to damage resulting from improper care, soil conditions, rodents and pests or extreme weather conditions.
If it is determined that flowering is lagging as a result of poor quality of the Product, a suitable solution will be sought together with the Customer. BULBi is not liable for further costs incurred such as labour costs. The compensation never goes beyond the value of the Product.
Due to availability and growing seasons, replacement may not take place until the next harvest season. In any event, the Customer must give BULBi 4 weeks to resolve the complaint by mutual agreement.
Complaints that are not submitted within two months after the end of the first flowering season will not be considered.
Article 12 – Website
BULBi makes every effort to ensure that the information on the website www.bulbi.co.uk is as complete and accurate as possible. BULBi accepts no responsibility or liability for damage in any way arising from the use, incompleteness or inaccuracy of the information provided on the website.
BULBi illustrates its products as accurately as possible, but the Customer should bear in mind that flowers and plants are a natural product and adapt to local conditions such as light and soil type. The result of flowering may differ in e.g. size and colour compared to the illustrations, descriptions and specifications on our website. The illustrations and images are protected by copyright and may therefore not be reproduced in whole, in part or in modified form without express written permission.
