Terms of Service

Terms of Service

Article 1 – Definitions

In these terms, the following definitions apply: Cooling-off period: the period during which the consumer may exercise their right of withdrawal; Consumer: the natural person who does not act in the exercise of a profession or business and who concludes a distance contract with the entrepreneur; Day: calendar day; Duration transaction: a distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is spread over time; Durable data carrier: any means that allows the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period; Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers; Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, exclusive use is made of one or more remote communication techniques up to and including the conclusion of the agreement; Remote communication technology: a means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: Greenhaus Gardening
Registration number: 892283
Address: 2131 S Dallas Ave, Lancaster, TX 75146, Verenigde Staten
E-mail: info@greenhaus-gardening.com
Phone number: +447488845420

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur as well as to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the conclusion of the distance contract, it will be indicated that the general terms and conditions can be consulted at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the conclusion of the distance contract, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the remainder of the contract and these general terms and conditions shall remain in force and the provision in question shall immediately be replaced by mutual consultation with a provision as close as possible to the original.

Situations not regulated in these general terms and conditions must be assessed in the "spirit" of these general terms and conditions.

All uncertainties about the interpretation or content of one or more provisions of our general terms and conditions must be interpreted in the "spirit" of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

The offer is non-binding. The entrepreneur has the right to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these constitute a faithful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the contract.

Product images are a faithful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

Each offer contains information such that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular: the price, excluding customs duties and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will use the special scheme reserved for postal and courier services with regard to imports; any shipping costs; the manner in which the agreement will be concluded and what actions are required for this; whether or not the right of withdrawal applies; the method of payment, delivery and execution of the contract; the deadline for accepting the offer or the period during which the entrepreneur guarantees the price; the amount of the rate for remote communications if the costs of using the technology for remote communications are calculated on a basis different from the regular base rate for the means of communication used; whether the contract is archived after its conclusion, and if so, how it can be consulted by the consumer; the manner in which the consumer, before concluding the contract, can verify the data they have provided in the context of the contract and, if desired, restore them; any other language in which, in addition to Dutch, the contract can be concluded; the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, type of materials.

Article 5 – The Agreement

The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may — within the legal framework — investigate whether the consumer is able to fulfill their payment obligations, as well as all important facts and factors for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.

The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: the visiting address of the entrepreneur's establishment where the consumer can go with complaints; the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; information on existing warranties and after-sales service; the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract; the conditions for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision of the previous paragraph only applies to the first delivery.

Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period starts the day after receipt of the product by the consumer or a representative previously designated by the consumer and announced to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the entrepreneur with all accessories supplied and — if reasonably possible — in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are required to inform the entrepreneur within 14 days of receipt of the product. The consumer must do so by means of a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.

If the customer has not indicated that they wish to exercise their right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been returned by the online retailer or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products: that have been created by the entrepreneur in accordance with the consumer's specifications; that are clearly personal in nature; that by their nature cannot be returned; that can spoil or age quickly; whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; for individual newspapers and magazines; for audio and video recordings and computer software of which the consumer has broken the seal; for hygiene products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services: regarding accommodation, transport, catering or leisure activities to be carried out on a certain date or during a certain period; whose delivery has commenced with the express consent of the consumer before the expiry of the cooling-off period; regarding betting and lotteries.

Article 9 – The Price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services at variable prices, whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This exposure to fluctuations and the fact that any prices stated are indicative prices are stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and either they result from statutory regulations or provisions, or the consumer has the right to cancel the contract as of the day the price increase takes effect.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services conform to the contract, to the specifications stated in the offer, to the reasonable requirements of reliability and/or usability, and to the legal provisions existing on the date of the conclusion of the contract and/or government regulations. In the case of an agreement, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, the manufacturer or the importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

Any defect or incorrectly delivered product must be reported in writing to the entrepreneur within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for advice regarding the use or application of the products.

The warranty does not apply if: The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties; The delivered products have been exposed to abnormal conditions or have been treated carelessly or contrary to the entrepreneur's instructions and/or on the packaging; The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the greatest care when receiving and executing orders for products.

The place of delivery is the address that the consumer has provided to the company.

Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.

In the event of dissolution pursuant to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. No later than at the time of delivery, it will be stated clearly and comprehensibly that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration of Transactions: Duration, Cancellation and Renewal

Termination

The consumer may at any time terminate a contract concluded for an indefinite period that extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of a maximum of one month.

The consumer may terminate a contract concluded for a definite period that extends to the regular delivery of products (including electricity) or services at any time up to the end of the definite period, taking into account the agreed termination rules and a maximum notice period of one month.

The consumer may cancel the contracts referred to in the previous paragraphs at any time and not be limited to cancellation at a certain time or within a certain period; at least cancel in the same manner as they were concluded; always terminate with the same notice period as agreed by the entrepreneur for themselves.

Extension

A contract concluded for a definite period that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

Notwithstanding the previous paragraph, a contract concluded for a definite period that extends to the regular delivery of daily and weekly news and magazines may be tacitly extended for a definite period of up to three months, if the consumer can terminate the extended agreement with a maximum notice period of one month.

A contract concluded for a definite period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a maximum notice period of one month and a notice period of a maximum of three months if the agreement extends to the regular delivery, but less than once a month, of daily newspapers, news and weekly magazines.

A fixed-term contract for the regular delivery of daily newspapers, news and weekly magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a maximum notice period of one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a service contract, this period commences after the consumer has received confirmation of the agreement.

The consumer has an obligation to immediately report to the entrepreneur any inaccuracies in payment details provided or stated.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

To optimize the payment process, a partnership has been established with Greenhaus Gardening. This means that all payments from the various payment providers are transferred to Greenhaus Gardening, which then forwards them. Greenhaus Gardening is therefore in no way responsible for defects resulting from the purchase.

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be submitted fully and clearly to the entrepreneur within 7 days of the consumer discovering the defects.

Complaints submitted to the entrepreneur will receive a response within 14 days of the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and strengthened in 2024 regarding the "Amendment to the Turnover Tax Act 1968 (implementation of the Payment Service Providers Directive Act)" and therefore the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.

Company name: Greenhaus Gardening
Registration number: 892283
Address: 2131 S Dallas Ave, Lancaster, TX 75146, Verenigde Staten
E-mail: info@greenhaus-gardening.com
Phone number: +447488845420

Opening hours Monday to Friday: 09:00 – 19:00 Saturday: 10:00 – 17:00 Closed on Sundays and public holidays.