General Terms and Conditions – BULBi

(part of Green Garden VOF)

Table of Contents

1. Identity of the Entrepreneur
2. Applicability
3. Offers and Agreements
4. Order Cancellation
5. Prices
6. Delivery
7. Exclusion of the Right of Withdrawal
8. Availability of Products
9. Liability and Responsibility
10. Retention of Title
11. Complaints Procedure
12. Website
13. Disputes, Applicable Law and Right to Amend
14. Intellectual Property Rights

Article 1 – Identity of the Entrepreneur

BULBi (part of Green Garden VOF)
Leidsestraat 170
2182 DS Hillegom
The Netherlands
Telephone: +31 (0)252 530083
Email: info@bulbi.nl
Chamber of Commerce number: 28064503
VAT number: NL812734506B01

Article 2 – Applicability

1. BULBi supplies flower bulbs, tubers, rhizomes and perennials (hereinafter referred to as “the Products”). These General Terms and Conditions (“the Conditions”) apply to all offers, orders and agreements relating to the supply of the Products by BULBi.
2. By accepting an offer or placing an order, the Customer accepts the applicability of these Conditions.
3. Deviations from these Conditions shall only be valid if confirmed in writing by BULBi. In such a case, all other provisions shall remain fully applicable.
4. Any purchasing or other conditions of the Customer are expressly rejected by BULBi.
5. If any provision of these Conditions is declared invalid, the remaining provisions shall remain fully in force.
6. If the Customer is a consumer, these Conditions respect all statutory rights arising under consumer law.

Article 3 – Offers and Agreements

1. All offers made by BULBi are without obligation. BULBi expressly reserves the right to modify prices, in particular if required by statutory or regulatory measures.
2. An agreement shall only come into effect upon acceptance of the Customer’s order by BULBi.
3. BULBi reserves the right to refuse orders or to attach special conditions to the delivery, unless expressly agreed otherwise.

Article 4 – Order Cancellation

1. The Customer has the right to cancel an order. Cancellations must be made by email to info@bulbi.nl.
2. If the order has not yet been processed, it may be cancelled free of charge.
3. If the order has already been dispatched, the Customer shall reimburse any costs incurred (including shipping and order processing costs).
4. Refunds shall be made using the same payment method that the Customer used, unless the Customer agrees to another method.

Article 5 – Prices

1. All prices of the offered Products are stated in euros, inclusive of VAT and exclusive of shipping costs.
2. VAT numbers of Customers are not stated on invoices.

Article 6 – Delivery

1. Delivery of the Products is aligned with the relevant planting season.
2. Orders placed outside the planting season will be delivered during the next applicable season for the Customer’s region.
3. Within the planting season, orders are generally dispatched within several days up to one week. The expected dispatch period is also indicated on the order confirmation.
4. Any delivery times provided by BULBi are indicative only. Exceeding a delivery time does not entitle the Customer to compensation.
5. If delivery (after dispatch) takes longer than thirty (30) days, both BULBi and the Customer may terminate the agreement in writing, after which both parties shall be released from their obligations and any payments already made shall be refunded.
6. Delivery of the Products shall take place at the address specified by the Customer.

Article 7 – Exclusion of the Right of Withdrawal

No statutory right of withdrawal applies to BULBi’s Products, as these are perishable and living goods. Therefore, the right of withdrawal is excluded. For complaints regarding delivered Products, the complaints procedure described in Article 11 applies.

Article 8 – Availability of Products

1. The Products supplied by BULBi are natural products; their availability depends on the harvest results of our suppliers.
2. Despite careful planning, it may occur that an item is unavailable or available only in limited quantities. In such cases, BULBi shall inform the Customer and, where possible, propose a suitable replacement by email.

Article 9 – Liability and Responsibility

1. BULBi shall only be liable for direct damages resulting from a culpable breach of its contractual obligations.
2. BULBi’s liability is limited to the amount paid out under its liability insurance. If the insurance does not provide cover, liability shall be limited to the invoice amount of the order concerned.
3. BULBi shall not be liable for indirect or consequential damages, including loss of profit, loss of savings, or business interruption.
4. BULBi shall not be liable in the event of force majeure, including but not limited to government measures, transport disruptions, crop failures, strikes or illness affecting BULBi or its suppliers.
5. In the event of force majeure, BULBi has the right to terminate the agreement in whole or in part, without being liable for any compensation.
6. The Customer bears sole responsibility for the correct use of the delivered Products. BULBi accepts no liability for damage caused by improper or incorrect use.

Article 10 – Retention of Title

Ownership of the delivered Products shall not pass to the Customer until all amounts owed to BULBi under the agreement have been paid in full. The risk of loss or damage to the Products passes to the Customer at the time the Products are legally and/or physically delivered to the Customer or to a third party designated by the Customer.

Article 11 – Complaints Procedure

Complaints upon Delivery
The Customer must inspect the delivered Products immediately upon receipt to verify compliance with the agreement. Complaints can only be considered if (i) the delivered Product differs from the Product ordered, or (ii) the delivered Product shows visible damage.
Complaints must be reported to BULBi as soon as possible, and in any event within three (3) working days after delivery, by email to info@bulbi.nl, stating the order number, a clear description of the complaint, and including one or more photographs of the Product. If the complaint is valid, BULBi will work with the Customer to find an appropriate solution. Complaints not submitted within three (3) working days after delivery will not be processed.

Complaints regarding Flowering
BULBi provides a flowering guarantee for the first flowering period after purchase. Complaints regarding flowering must be submitted as soon as possible, and in any event within two (2) months after the end of the first flowering period, by email to info@bulbi.nl. The complaint will only be handled after receipt of:
- photographs of the Product concerned and the order number;
- a description of the planting and growing conditions (e.g. planting period, climate, and condition of the Product); and
- submission after the flowering period of the Product concerned.

Because growing and flowering conditions vary, BULBi cannot guarantee successful flowering under all environmental circumstances. The Customer is responsible for proper planting and care under suitable conditions. The flowering guarantee does not apply to damage caused by improper care, soil conditions, pests, or extreme weather conditions.

If poor flowering is caused by defective quality of the Product, BULBi will offer an appropriate solution. BULBi is not liable for additional costs such as labour. Any compensation will not exceed the value of the Product. Replacement may only be possible during the next harvest season, depending on availability. The Customer shall allow BULBi a minimum of four weeks to resolve the complaint.

Article 12 – Website

1. BULBi endeavours to ensure that the information on its website (www.bulbi.nl) is as complete and accurate as possible.
2. BULBi accepts no responsibility or liability for any damages arising in any way from the use of, or reliance on, the information provided on the website.
3. BULBi illustrates its Products as accurately as possible. However, as flowers and plants are natural products, variations may occur due to factors such as light exposure and soil type. The final flowering result may differ in size or colour from the images or descriptions on the website.
4. All illustrations and images are protected by copyright and may not be wholly or partially reproduced, distributed, or modified without the express written consent of BULBi.

Article 13 – Disputes, Applicable Law and Right to Amend

1. Any disputes arising between the Customer and BULBi that cannot be resolved amicably shall be submitted to the competent court in The Hague, the Netherlands.
2. All agreements between BULBi and the Customer are governed exclusively by Dutch law.
3. BULBi reserves the right to unilaterally amend these Conditions if it has a legitimate interest in doing so.
4. These Conditions may be translated into other languages. In case of discrepancies between the Dutch text and any translation, the Dutch text shall prevail.

Article 14 – Intellectual Property Rights

1. All intellectual property rights relating to the content of the website, including but not limited to texts, images, photographs, logos, graphic design and other materials, are owned by BULBi or its licensors.
2. The Customer may not copy, reproduce, distribute, publish or otherwise use (parts of) the website or other BULBi materials without the prior written consent of BULBi, except for personal and non-commercial use.
3. Requests for permission to use BULBi materials may be sent to info@bulbi.nl.
4. Where permission is granted, the following notice must be clearly displayed: “© BULBi – All rights reserved.”
5. Any unauthorised use of (parts of) the content of the website or BULBi publications may result in liability for damages and/or constitute an infringement of copyright or trademark rights.