Terms and Conditions

01. These general terms and conditions apply to all services provided by Hildering Groenkunst B.V. offers made and agreements concluded with it. Deviation from these conditions can only be made in writing. By a contracting party of Hildering Groenkunst B.V. conditions applied apply to the legal relationships with Hildering Groenkunst B.V. not applicable, unless expressly agreed in writing.

02. Quotations, price lists and other communications from Hildering Groenkunst B.V. do not bind her. An agreement with Hildering Groenkunst B.V. is only established by written confirmation by its management.

03. In the event of a difference between a written order or assignment and the written confirmation thereof by Hildering Groenkunst B.V. Only written confirmation from Hildering Groenkunst B.V. applies. , unless there is an obvious mistake.

04. Both Hildering Groenkunst B.V. and their relations are obliged to each other to maintain strict confidentiality towards third parties of what they learn about each other in the broadest sense of the word.

05. Hildering Groenkunst B.V. is entitled to demand full or partial advance payment of the agreed price or appropriate security from a contracting partner and, pending this, to suspend the full or partial execution of the agreement. If this advance payment or security is not provided within a period set by Hildering Groenkunst B.V. within a reasonable period, Hildering Groenkunst B.V. entitled to terminate the agreement, without prejudice to its right to compensation for the damage suffered and to be suffered. In such a case, the contractual partner is not entitled to compensation for any damage.

06. If Hildering Groenkunst B.V. cannot reasonably be expected to fulfil an agreement concluded with it as a result of a non-attributable shortcoming (force majeure) or special circumstances, it is entitled to suspend the execution of the agreement. If these circumstances last longer than two months, both parties are entitled to dissolve the agreement concerning the matters affected by these circumstances without either party having any claim to compensation for any damage. Non-attributable shortcoming is in any case understood to mean:

1. business disruption or business interruption at Hildering Groenkunst B.V. or its suppliers of whatever nature and regardless of the manner in which it arose;

2. delayed, defective or late delivery by suppliers to Hildering Groenkunst B.V. or to one of them;

3. obstacles or interruptions in transport to or from Hildering Groenkunst B.V.;

4. import and/or export restrictions of whatever nature.

07. The price that the contracting party must pay to Hildering Groenkunst B.V. is the price that Hildering Groenkunst B.V. has offered to the contracting party on the basis of information provided by the contracting party. This price applies during the period in which the offer can be accepted and no longer than two months after an agreement has been concluded. Afterwards, Hildering Groenkunst B.V. is entitled to unilaterally increase the price, to which increase the contracting party is bound, if market conditions can reasonably give it reason to do so. If the contracting party has provided Hildering Groenkunst B.V. with incorrect information, Hildering Groenkunst B.V. is entitled to adjust the agreed prices and the contracting party is bound by those adjusted prices.

If Hildering Groenkunst B.V. has entered into a long-term agreement with a contractual partner, the agreed price will be changed every year on the basis of the consumer price index series CPI employees low (1990=100) published by the Central Bureau of Statistics and according to the formula: the changed price is equal to the price applicable on the date of change multiplied by the index figure of the calendar month that is four calendar months before the calendar month in which the price is adjusted, divided by the index figure of the calendar month that is sixteen calendar months before the calendar month in which the price is adjusted. The price will not be changed if the adjustment would lead to a lower price. In that case, the last applicable price will remain unchanged until the next indexation, the said formula leads to a higher price. Hildering Groenkunst B.V. does not have to notify the contractual partner of the adjustment. If the CBS ceases the said publication or the calculation basis.

08. All prices are ex warehouse Hildering Groenkunst B.V.

09. Payments to Hildering Groenkunst B.V. must be made net in cash within 8 days after the invoice date, this term being a fatal term regardless of any complaints by the contracting party. The contracting party is not entitled to any discount or debt settlement. Payment is deemed to have taken place on the day on which the bank account of Hildering Groenkunst B.V. has been credited for the entire invoice amount.

10. In the event of late payment, the contracting party owes Hildering Groenkunst B.V. interest of 2% per month or part thereof. If the contracting party is in default of payment and Hildering Groenkunst B.V. hands over its claim to third parties for collection, the contracting party also owes Hildering Groenkunst B.V. all amounts owed by Hildering Groenkunst B.V. to be made judicial and extrajudicial costs, such with regard to the extrajudicial costs with a minimum of the collection rate of the Dutch Bar Association. If the contracting party is in default with payment of any invoice, all claims of Hildering Groenkunst B.V. on the contracting party shall immediately become due and payable in full and bear interest on the basis described above and Hildering Groenkunst B.V. shall have the right to suspend the performance of any other agreement with the contracting party.

11. All claims of Hildering Groenkunst B.V. shall immediately become due and payable in full and bear interest on the basis described above if the contracting party is declared bankrupt, (provisional) suspension of payment or application of the WSNP is requested by him, he terminates or substantially reduces his business activities, or if the contracting party loses the free disposal or management of his assets in any (other) way.

12. All claims of Hildering Groenkunst B.V. delivered goods remain its property as long as Hildering Groenkunst B.V. has any claim on the contracting party, for whatever reason. During this time, the contracting party is obliged to store these goods separately from other goods and clearly identified as the property of Hildering Groenkunst B.V.

13. The contracting party is obliged to manage all goods falling under the (reserved) ownership rights of Hildering Groenkunst B.V. as a good father and to insure them against theft, fire, explosion, water and smoke damage and against all other damage to which these goods are exposed. All claims of the contracting party against insurers are pledged by the contracting party to Hildering Groenkunst B.V. in the manner referred to in article 3:239 BW as additional security for the claims of Hildering Groenkunst B.V. on the contracting party.

14. The retention of title described above does not affect the right of the contracting party to dispose of or process the goods delivered to him by Hildering Groenkunst B.V. within the framework of his normal business operations and in accordance with the nature and purpose of these goods, as long as Hildering Groenkunst B.V. does not exercise its right to terminate these rights of the contracting party, which Hildering Groenkunst B.V. is entitled to do as soon as and as long as the contracting party is in default with the fulfilment of any obligation towards Hildering Groenkunst B.V.

15. In the event of a credit sale, the contracting party is obliged to stipulate from his customers, by way of a chain clause, that which has been determined above with regard to the (reserved) ownership rights of Hildering Groenkunst B.V.

16. If the contracting party of Hildering Groenkunst B.V. fails to meet any obligation towards Hildering Groenkunst B.V., Hildering Groenkunst B.V. is entitled, but never obliged, to take back items subject to its retention of title at its discretion. It will then credit the contracting party for an amount equal to at most the market value of those items, but never more than the original purchase price, minus the costs incurred by Hildering Groenkunst B.V. for the take-back and resale of those items.

17. Hildering Groenkunst B.V. will observe agreed delivery times as much as possible. Exceeding an agreed delivery time does not give the contracting party of Hildering Groenkunst B.V. the right to terminate the agreement or claim damages, unless the excess is due to intent or gross negligence on the part of Hildering Groenkunst B.V. is attributable and the contracting party has given Hildering Groenkunst B.V. the opportunity to deliver within 8 days after exceeding the fatal term. Hildering Groenkunst B.V. is entitled to deliver in parts. The contracting party is obliged to accept delivery in parts. If the contracting party of Hildering Groenkunst B.V. refuses to accept an offered delivery, this does not release the contracting party from the obligation to pay the agreed price plus the costs incurred and to be incurred as a result of this refusal.

18. Delivery takes place ex warehouse Hildering Groenkunst B.V. From this delivery onwards, goods are at the expense and risk of the contracting party, who will ensure adequate insurance. Exchange of items delivered by Hildering Groenkunst B.V. is only possible with its express consent. Exchange of custom-made and specially ordered items is excluded.

19. Hildering Groenkunst B.V. is obliged to deliver products whose quantity, quality and packaging meet the agreed requirements. The contracting party is obliged to immediately inspect the goods delivered by Hildering Groenkunst B.V. Receipt without written comments is considered unconditional acceptance of the delivered goods. Minor deviations in colour, shape, size and quality of the goods delivered by Hildering Groenkunst B.V. do not give the contracting party any claim against Hildering Groenkunst B.V. . If the products delivered by Hildering Groenkunst B.V. do not meet what the contracting party could reasonably expect, Hildering Groenkunst B.V. is entitled to deliver replacement products within a reasonable period without being obliged to pay any compensation, while this does not affect the contracting party's payment obligation.

20. The contracting party is obliged towards Hildering Groenkunst B.V. to make and maintain such technical provisions that are appropriate for the use of the products delivered by Hildering Groenkunst B.V.

21. Hildering Groenkunst B.V. is not liable for damage resulting from fire involving products supplied/made available by it. If Hildering Groenkunst B.V. has applied fire retardants to its products and has issued a certificate of fire retardancy to the contracting party, it guarantees that fire retardancy, but the contracting party will always remain jointly and severally liable for the proper use and installation of the plants. In that case, it is liable to the contracting party for fire damage, but limited to an amount equal to the invoice amount of the product in question. If a product is provided with a fire retardant, Hildering Groenkunst B.V. does not guarantee the visual quality of the product.

22. If Hildering Groenkunst B.V. If Hildering Groenkunst B.V. has rented a product to its contract partner or has concluded a service agreement with it, this agreement will end after the agreed term has expired if the contract partner has terminated the agreement by registered letter or bailiff's writ and with due observance of a term of three months before the end of the agreed term. In all other cases, the agreement is deemed to have been continued for an equal term, unless Hildering Groenkunst B.V. has terminated the agreement in writing to the contract partner before the end of the said term.

23. If Hildering Groenkunst B.V. has loaned a product to its contract partner or has rented it to it, the contract partner is obliged to return the product in good condition to Hildering Groenkunst B.V. after the end of the loan or rental. The contract partner is obliged to take care of that product in the manner prescribed by Hildering Groenkunst B.V. and, in the absence of regulations, in a manner appropriate to the product. The contract partner is obliged to properly insure the product and keep it insured. Hildering Groenkunst B.V. is entitled to inspect the relevant policy(ies). If and to the extent that damage to the product occurs that entitles it to payment under the relevant policy(ies), the contracting party hereby transfers the claim against the insurer(s) to Hildering Groenkunst B.V. .

24. If Hildering Groenkunst B.V. has given a product to its contracting party on hire purchase, the contracting party is obliged to return the product to Hildering Groenkunst B.V. in good condition in the event of premature termination of the hire purchase. The contracting party is obliged to take care of the product in the manner prescribed by Hildering Groenkunst B.V. and, in the absence of regulations, in a manner appropriate to the product. The contracting party is obliged to properly insure the product and keep it insured. Hildering Groenkunst B.V. is entitled to inspect the relevant policy(ies). If and to the extent that damage to the product occurs that entitles it to payment under the relevant policy(ies), the contracting party hereby transfers the claim against the insurer(s) to Hildering Groenkunst B.V. .

25. If Hildering Groenkunst B.V. has concluded a service agreement with its contracting party with regard to products supplied or made available by it, Hildering Groenkunst B.V. is obliged to carry out the agreed maintenance as much as is reasonably possible for it in accordance with the agreed schedule. Deviation from this schedule does not give the contracting party the right to terminate the agreement and does not affect its payment obligations unless it has given Hildering Groenkunst B.V. a reasonable period of at least 14 days after the deviation from the schedule to still carry out the maintenance and Hildering Groenkunst B.V. still remains in default.

26. All designs, images, models and other data carriers provided by Hildering Groenkunst B.V. to third parties and the data appearing thereon are the intellectual property of Hildering Groenkunst B.V., are at its exclusive free disposal and may only be made public, reproduced, edited etc. by the third parties concerned with the express written permission of Hildering Groenkunst B.V. The contracting party who acts in violation of this prohibition shall forfeit an immediately due, without judicial intervention and not subject to moderation fine to Hildering Groenkunst B.V. of € 5,000 for each violation of this prohibition and for each day that it continues.

27. Third parties who make designs, images, models and other data carriers and data appearing thereon available to Hildering Groenkunst B.V. guarantee to Hildering Groenkunst B.V. that these are at their free disposal. They indemnify Hildering Groenkunst B.V. against all claims from other third parties regarding infringement of rights of (intellectual) property to which they are entitled.

28. Hildering Groenkunst B.V. guarantees the soundness and quality of the products it supplies insofar as this soundness and quality are guaranteed by its suppliers and this guarantee is granted in the relevant case. The guarantee obligation of Hildering Groenkunst B.V. shall lapse if the contracting party makes changes, repairs or maintenance to the products other than according to explicit instructions by Hildering Groenkunst B.V. or has them carried out by third parties, as well as if they are used in a way that is not appropriate to the nature of the product and if they are used improperly. Any guarantee shall lapse if the contracting party fails to fulfil any obligation towards Hildering Groenkunst B.V. .

29. The contracting party indemnifies Hildering Groenkunst B.V. against any claim from third parties regarding or related to the products supplied by Hildering Groenkunst B.V. delivered or made available products, both in terms of material and immaterial damage, as well as in terms of infringement of any intellectual property right.

30. Dutch law applies to the legal relationships between Hildering Groenkunst B.V. and its relations. Applicability of the Vienna Sales Convention is excluded.

31. Disputes between parties will be submitted exclusively to the competent court in Amsterdam.

32. Mummy plants and mummy moss are given a preventive heat treatment against insects, however the natural product remains attractive to insects. We can therefore accept no liability for the presence of insects.

33. Hildering Groenkunst B.V. is not liable for damage resulting from the so-called discoloration, bleeding, leaking or release of the mummified or prepared plants and mosses, branches or leaves. If the humidity exceeds 70% and the temperature drops below 10°C, the leaves can lose the green preparation fluid, which can cause stains! This plant is therefore not suitable for humid areas (including outdoors, bathrooms, swimming pools) and must not come into contact with water.