Article 1 Definitions
1. In these terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise:
2. Offer: There is a written offer to the Buyer to deliver Products by the Seller that these conditions are inextricably linked to.
3. Company: The natural or legal person who acts in the exercise of a profession or business.
4. Consumer: The natural person who does not act in the course of a profession or business.
5. Buyer: The Company or Consumer who enters into a (remote) Agreement with AmsterdamGrowlight .
6. Agreement: The purchase agreement (at a distance) that extends to the sale and delivery of Products purchased by the Buyer from AmsterdamGrowlight .
7. Products: The Products offered by AmsterdamGrowlight are LED grow lights for plants.
8. Seller: The supplier of Products to the Buyer, hereinafter: AmsterdamGrowlight .
Article 2 Applicability
1. These general terms and conditions apply to every AmsterdamGrowlight Offer and every Agreement between AmsterdamGrowlight and a Buyer and to every Product offered by AmsterdamGrowlight .
2. Before an Agreement (remote) is concluded, the Buyer will have access to these general terms and conditions. If this is not reasonably possible, AmsterdamGrowlight will indicate to the Buyer how the Buyer can view the general terms and conditions, which are in any case published on the AmsterdamGrowlight website , so that the Buyer can easily store these general terms and conditions on a durable medium.
3. In exceptional situations, these general terms and conditions can be deviated from if this has been explicitly agreed in writing with AmsterdamGrowlight .
4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and / or purchasing conditions of the Buyer are expressly rejected.
5. If one or more provisions of these general terms and conditions are partially or completely void or are nullified, the other provisions of these general terms and conditions will remain in force and the invalid / nullified provision (s) will be replaced by a provision with the same purport as the original provision.
6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
7. If in these general terms and conditions reference is made to he / her, this should also be understood as a reference to he / him / his, if and insofar as applicable.
Article 3 The Offer
1 . All offers made by AmsterdamGrowlight are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer only exists if it has been laid down in writing.
2. AmsterdamGrowlight is only bound by the Offer if the acceptance thereof is confirmed in writing by the Buyer within 30 days, or because the Buyer has already paid the amount owed. Nevertheless, Amsterdam Growlight h et law an agreement with a potential buyer for an Amsterdam grow light reason to deny legitimate.
3. The Offer contains an accurate description of the Product offered with corresponding prices. The description is so detailed that the Buyer is able to make a good assessment of the Offer. Apparent mistakes or errors in the Offer can not bind AmsterdamGrowlight . Any images and specific information in the Offer are only an indication and cannot be grounds for any compensation or termination of the Agreement (at a distance). AmsterdamGrowlight cannot guarantee that the colors in the image exactly match the real colors of the Product.
4. Delivery times and Terms stated in the AmsterdamGrowlight Offer are indicative and do not entitle the Buyer to termination or compensation if they are exceeded, unless expressly agreed otherwise.
5. A composite quotation does not oblige AmsterdamGrowlight to deliver part of the goods included in the offer or Offer at part of the stated price.
6. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last and according to the is-on-on principle.
Article 4 Realization of the Agreement
1. The Agreement is concluded when the Buyer has accepted an Offer from AmsterdamGrowlight by ordering or paying for the Product concerned.
2. An Offer can be made by AmsterdamGrowlight via the website.
3. If the Buyer has accepted the Offer by entering into an Agreement with AmsterdamGrowlight , AmsterdamGrowlight will confirm the Agreement with the Buyer in writing, at least by email.
4. If the acceptance deviates (on minor points) from the Offer , AmsterdamGrowlight is not bound by it.
5. AmsterdamGrowlight is not bound to an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Buyer cannot derive any rights from this mistake or clerical error.
6. The right of withdrawal is excluded for the Buyer being a Company. The Buyer being a Consumer has the right to assert its right of withdrawal within the statutory period. If withdrawal applies, the Buyer will handle the Product and packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and operation of the Product. The direct costs for returning the Product are for the account of the Buyer.
Article 5 Performance of the Agreement
1. AmsterdamGrowlight will execute the Agreement to the best of its knowledge and ability.
2. If and insofar as required for the proper execution of the Agreement, AmsterdamGrowlight has the right to have certain activities performed by third parties at its own discretion.
3. The Buyer shall ensure that all information, which AmsterdamGrowlight indicates is necessary or which the Buyer should reasonably understand to be necessary for the execution of the Agreement, is provided to AmsterdamGrowlight in a timely manner . If the information required for the execution of the Agreement has not been provided to AmsterdamGrowlight in time, AmsterdamGrowlight has the right to suspend the execution of the Agreement.
4. In the execution of the Agreement, AmsterdamGrowlight is not obliged or obliged to follow the Buyer’s instructions if this changes the content or scope of the Agreement. If the instructions provide additional work for AmsterdamGrowlight , the Buyer is obliged to reimburse the additional or additional costs accordingly .
5. AmsterdamGrowlight may require security from the Buyer or full payment in advance before implementing the Agreement.
6. AmsterdamGrowlight is not liable for damage, of whatever nature, that arises because AmsterdamGrowlight has assumed incorrect and / or incomplete information provided by the Buyer, unless AmsterdamGrowlight was aware of this inaccuracy or incompleteness .
7. The Buyer indemnifies AmsterdamGrowlight against any claims from third parties that suffer damage in connection with the execution of the Agreement and which are attributable to the Buyer.
Article 6 Delivery
1. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not or not timely supplied all the requested information, does not cooperate sufficiently, the payment or down payment has not been received in time by AmsterdamGrowlight or due to other circumstances. outside the control of AmsterdamGrowlight, there is some delay, AmsterdamGrowlight is entitled to a reasonable extension of the delivery period. All agreed delivery / completion terms are never strict deadlines. The buyer must give AmsterdamGrowlight notice of default in writing and give it a reasonable term in order to be able to deliver or deliver. Due to the delay, the buyer is not entitled to any compensation.
2. The buyer is obliged to purchase the goods at the time when they are made available to it in accordance with the Agreement, even if they are offered to it earlier or later than agreed.
3. If the Buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, AmsterdamGrowlight is entitled to store the goods at the expense and risk of the Buyer.
4. If the Products are delivered by AmsterdamGrowlight or an external carrier, AmsterdamGrowlight is entitled to charge any delivery costs, unless agreed otherwise in writing. These will then be invoiced separately unless expressly agreed otherwise.
5. If AmsterdamGrowlight requires information from the Buyer in the context of the execution of the Agreement, the delivery time will only commence after the Buyer has made all information necessary for the execution available to AmsterdamGrowlight .
6. If AmsterdamGrowlight has specified a term for delivery, this is indicative. Longer delivery times apply to deliveries outside the Netherlands.
7. AmsterdamGrowlight is entitled to deliver the goods in parts, unless the Agreement has deviated from this or the partial delivery is not of independent value. AmsterdamGrowlight is entitled to invoice the delivered items separately.
8. Deliveries are only made if all invoices have been paid, unless explicitly agreed otherwise. AmsterdamGrowlight reserves the right to refuse delivery if there are well-founded fears of non-payment.
Article 7 Packaging and transport
1. Amsterdam Growlight undertakes towards the Buyer to the to deliver goods to be properly packaged and in such a way as to secure that they are in normal use their destination in good condition ranges.
2. Unless otherwise agreed in writing, all deliveries are made including turnover tax (VAT), including packaging and packaging material.
3. The acceptance of goods z under storage or remarks on the consignment note or the receipt applies as proof that the package in good condition wrong at the time of delivery.
Article 8 Investigation, complaints
1. The buyer is obliged to examine the items delivered or to have them inspected at the time of delivery, but in any case within 14 days after receipt of the delivered items, but only to unpack or use them insofar as this is necessary. to assess whether it retains the Product. In doing so, the Buyer should investigate whether the quality and quantity of the delivered goods corresponds to the Agreement and the Products meet the requirements that apply to them in normal (trade) traffic.
2. The buyer is obliged to investigate and to inform himself how the Product should be used and for personal use, to test the Product in accordance with the instructions for use. AmsterdamGrowlight accepts no liability for the misuse of the Product by the Buyer.
3. Any visible defects or shortages must be reported in writing to AmsterdamGrowlight after delivery at firstname.lastname@example.org. The buyer has a period of 14 days after delivery for this. Invisible defects or shortcomings should be reported within 14 days after discovery, but no later than 6 months after delivery. In the event of damage to the Product due to careless handling by the Buyer himself, the Buyer himself is liable for any depreciation of the Product.
4. If a complaint is made in time pursuant to the previous paragraph, the Buyer will remain obliged to pay for the items purchased. If the Buyer wishes to return defective items, this will only be done with the prior written permission of AmsterdamGrowlight in the manner indicated by AmsterdamGrowlight .
5. If the Consumer uses his right of withdrawal, he will return the Product and all accessories, insofar as this is reasonably possible, in their original condition and packaging to AmsterdamGrowlight , in accordance with the return instructions from AmsterdamGrowlight . The direct costs for returns are at the expense and risk of the Buyer.
6. AmsterdamGrowlight is entitled to start an investigation into the authenticity and condition of the returned Products before a refund will be made.
7. Refunds to Buyer will be processed as soon as possible, but payment can take up to 30 days after receipt of the return shipment. Repayment will be made to the previously stated account number.
8. If the Buyer exercises its advertising right, it has no right to suspend its payment obligation or to settle outstanding invoices.
9. In the absence of a full delivery, and / or if one or more Products are missing, and this is due to AmsterdamGrowlight , AmsterdamGrowlight will, after a request from the Buyer, send the missing Product (s) or cancel the remaining order. The confirmation of receipt of the Products is leading in this. Any damage suffered by the Buyer as a result of the (deviating) scope of the delivery cannot be recovered from AmsterdamGrowlight .
Article 9 Prices
1. During the period of validity of the Offer, the prices of the Products offered will not be increased, unless there are changes in VAT rates.
2. The prices stated in the Offer include VAT, unless explicitly stated otherwise.
3. The prices as stated in the Offer are based on the cost factors applicable at the time of entering into the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
4. In the case of Products or raw materials of which there are price fluctuations on the financial market and on which AmsterdamGrowlight has no influence, AmsterdamGrowlight can offer these Products with variable prices. The Offer states that prices are target prices and may fluctuate.
Article 10 Payment and collection policy
1. Payment should preferably be made in advance in the currency invoiced using the method indicated.
2. The buyer cannot derive any rights or expectations from a previously issued budget, unless the parties have explicitly agreed otherwise.
3. The buyer must immediately make payment to the AmsterdamGrowlight account number and details made known to him . Parties can only agree on another payment term after explicit and written permission from AmsterdamGrowlight .
4. If a periodic payment obligation of the Buyer has been agreed, AmsterdamGrowlight is entitled to adjust the applicable prices and rates in writing with due observance of a period of 3 months.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, AmsterdamGrowlight ‘s claims against the Buyer are immediately due and payable.
6. AmsterdamGrowlight has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest still due and finally to reduce the principal and accrued interest. AmsterdamGrowlight can, without being in default, refuse an offer of payment if the Buyer designates a different sequence for the allocation. AmsterdamGrowlight can refuse full payment of the principal if the outstanding and accrued interest as well as the costs are not also paid.
7. If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the stipulated payment period of 14 days, the Buyer being a Company will be in default. The Buyer being a Consumer will first receive a written reminder with a period of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet his obligations within that period, before they is in default.
8. From the date that the Buyer is in default, AmsterdamGrowlight will, without further notice, claim the statutory (commercial) interest from the first day of absence until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, calculated in accordance with the graduated scale from the decision on compensation for extrajudicial collection costs of 1 July 2012.
9. If AmsterdamGrowlight has incurred more or higher costs that are reasonably necessary, these costs will be eligible for compensation. Judicial and execution costs incurred are also for the account of the Buyer.
Article 11 Retention of title
1. All goods delivered by AmsterdamGrowlight remain the property of AmsterdamGrowlight until the Buyer has fulfilled all the following obligations under all Agreements concluded with AmsterdamGrowlight .
2. The buyer is not authorized to pledge the goods that fall under the retention of title or to encumber them in any other way if the ownership has not yet been fully transferred.
3. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Buyer is obliged to inform AmsterdamGrowlight as soon as can reasonably be expected.
4. In the event that AmsterdamGrowlight wishes to exercise its property rights referred to in this article, the Buyer already gives unconditional and irrevocable permission and authorization to AmsterdamGrowlight or third parties to be designated by them to enter all those places where AmsterdamGrowlight’s properties are located and to take those matters back.
5. AmsterdamGrowlight has the right to retain the Product (s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or deliver AmsterdamGrowlight . After the Buyer has still fulfilled its obligations, AmsterdamGrowlight will endeavor to deliver the purchased Products to the Buyer as soon as possible, but no later than within 20 working days.
6. Costs and other (consequential) damage as a result of keeping the purchased Products in possession are for the account and risk of the Buyer and will be reimbursed by the Buyer upon first request to AmsterdamGrowlight .
Article 12 Warranty
AmsterdamGrowlight guarantees that new Products comply with the Agreement, the specifications stated in the offer, usability and / or reliability and the legal rules / regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly notified AmsterdamGrowlight of this use at the time of entering into the Agreement . New Products are covered by a 3-year warranty.
Article 13 Instructions for use
1. The Buyer of Products must follow the instructions and instructions of AmsterdamGrowlight .
2. Buyer should products be used in a manner that is not contrary to the law, Amsterdam Grow Light takes no responsibility for criminal offenses committed with the help of its products and excludes any liability in respect of.
3. The AmsterdamGrowlight Products are made to grow different types of plants. Buyers can only use these Products for cannabis growth if this is not against the law.
4. When purchasing more than 20 Products at a time, Buyer should sign a document stating that it will not use the Products for drug plant growth.
Article 14 Suspension and dissolution
1. AmsterdamGrowlight is entitled to suspend the fulfillment of the obligations or to dissolve the Agreement if the Buyer does not or not fully comply with the (payment) obligations under the Agreement.
2. In addition, AmsterdamGrowlight is authorized to dissolve the Agreement existing between it and the Buyer, insofar as this has not yet been executed, without judicial intervention, if the Buyer fails to timely or properly fulfill its obligations under any Agreement concluded with AmsterdamGrowlight. follow.
3. Furthermore, AmsterdamGrowlight is authorized to dissolve the Agreement or have it dissolved without prior notice if circumstances arise which are of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to the standards of reasonableness and fairness or if circumstances arise otherwise. which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is dissolved, the claims of AmsterdamGrowlight on the Buyer are immediately due and payable. When AmsterdamGrowlight suspends fulfillment of the obligations, it retains its rights under the law and the Agreement.
5. AmsterdamGrowlight always reserves the right to claim damages.
Article 15 Limitation of liability
1. If the performance of the Agreement by AmsterdamGrowlight leads to liability of AmsterdamGrowlight towards the Buyer or third parties, that liability is limited to the costs charged by AmsterdamGrowlight in connection with the Agreement, unless the damage was caused by intent or gross negligence. The liability of AmsterdamGrowlight is in any case limited to the maximum amount of damage paid by the insurance company per event per year.
2. AmsterdamGrowlight is not liable for consequential damage, indirect damage, loss of profit and / or loss suffered, missed savings and damage resulting from the use of the delivered Products. Consumers are subject to a restriction in accordance with what is permitted under Article 7:24 (2) of the Dutch Civil Code.
3. AmsterdamGrowlight is not liable for and / or obliged to repair damage caused by the use of the Product. AmsterdamGrowlight provides strict maintenance and usage instructions that must be followed by the Buyer. All damage to Products as a result of wearing and using is expressly excluded from liability (this includes traces of use, use damage, fall damage, light and water damage, theft, loss, etc.).
4. AmsterdamGrowlight is not liable for damage that is or may be the result of any action or omission as a result of (incomplete and / or incorrect) information on the website (s) or linked websites.
5. AmsterdamGrowlight is not responsible for errors and / or irregularities in the functionality of the website and is not liable for malfunctions or the website being unavailable for any reason.
6. AmsterdamGrowlight does not guarantee the correct and complete transfer of the content of e-mail sent by / on behalf of AmsterdamGrowlight, nor the timely receipt thereof.
7. All claims of the Buyer for failure to act on the part of AmsterdamGrowlight lapse if they have not been reported in writing and motivated to AmsterdamGrowlight within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer will in any case expire one year after the termination of the Agreement.
Article 16 Force majeure
1. AmsterdamGrowlight is not liable if it cannot fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be held to fulfill any obligation if it is hindered to do so as a result of a circumstance that is not due to its fault and is not for its account under the law, legal act or the prevailing views in traffic.
2. Force majeure is understood to mean in any case, but is not limited to what is understood in this respect by law and jurisprudence, (i) force majeure of suppliers of AmsterdamGrowlight, (ii) failure to properly fulfill obligations of suppliers who have been AmsterdamGrowlight are prescribed or recommended, (iii) inadequacy of things, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) internet malfunction, data network and telecommunication facilities (for example due to: cyber crime and hacking) , (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of AmsterdamGrowlight and (xi) other situations that, in the opinion of AmsterdamGrowlight, fall outside its sphere of influence that the fulfillment of its prevent obligations temporarily or permanently.
3. AmsterdamGrowlight is entitled to invoke force majeure if the circumstance preventing (further) fulfillment occurs after AmsterdamGrowlight should have fulfilled its obligation.
4. Parties can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the Agreement, without obligation to pay compensation to the other party.
5. Insofar as AmsterdamGrowlight has already fulfilled or will be able to fulfill its obligations under the Agreement at the time of the occurrence of force majeure, and the part fulfilled or to be fulfilled has independent value, AmsterdamGrowlight is entitled to have it already fulfilled or fulfilled invoice the part to come separately. The buyer is obliged to pay this invoice as if it were a separate Agreement.
Article 17 Transfer of risk
The risk of loss or damage to the Products that are the subject of the Agreement passes to the Buyer as a company when the goods leave AmsterdamGrowlight’s warehouse. For Consumers, the aforementioned risk passes to the Buyer if the Products have been provided under the control of the Buyer. This is the case if the Products have been delivered to the delivery address of the Buyer.
Article 18 Intellectual Property Rights
1. All intellectual property rights and copyrights of AmsterdamGrowlight rest exclusively with AmsterdamGrowlight and will not be transferred to the Buyer.
2. The Buyer is prohibited from disclosing and / or multiplying, altering or making available to third parties all documents on which the intellectual property rights and copyrights of AmsterdamGrowlight rest, without the express prior written permission of AmsterdamGrowlight. If the Buyer wishes to make changes to items delivered by AmsterdamGrowlight, AmsterdamGrowlight must explicitly agree to the intended changes.
3. The Buyer is prohibited from using the Products on which the intellectual property rights of AmsterdamGrowlight rest, other than as agreed in the Agreement.
Article 19 Privacy, data processing and security
1. AmsterdamGrowlight handles the (personal) data of the Buyer and visitors to the website (s) with care. If requested, AmsterdamGrowlight will inform the person concerned.
2. If, on the basis of the Agreement, AmsterdamGrowlight is required to provide security of information, this security will comply with the specifications that have been received and a security level that, in view of the state of the art, the sensitivity of the data and the associated costs, is unreasonable.
3. AmsterdamGrowlight acts in accordance with the General Data Protection Regulation (EU GDPR).
Article 20 Complaints
1. If the Buyer is not satisfied with the Products of AmsterdamGrowlight and / or has complaints about the (performance of the) Agreement, the Buyer is obliged to respond to these complaints as soon as possible, but no later than 14 calendar days after the relevant reason that led to the complaint. to report. Complaints can be reported via
2. The complaint must be sufficiently substantiated and / or explained by the Buyer for AmsterdamGrowlight to be able to process the complaint.
3. AmsterdamGrowlight will respond to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
4. Parties will try to find a solution together.
Article 21 Applicable law
1. Dutch law applies to every Agreement between AmsterdamGrowlight and the Buyer.
2. If translated versions of these General Terms and Conditions have been declared applicable to the agreement, and if there is a difference of opinion regarding the interpretation of the content and scope of these general terms and conditions, the Dutch text will always be decisive. AmsterdamGrowlight has the right to unilaterally change these general terms and conditions.
3. All disputes, arising from or as a result of the Agreement between AmsterdamGrowlight and the Buyer, will be settled at the competent Amsterdam Court, Amsterdam location, unless provisions of mandatory law lead to the jurisdiction of another court.
April 19 , 2020, Amsterdam