These terms and conditions invalidate all prior terms and conditions. All prices are in euros and are ‘ex-farm’ from Gistel. The prices are non-binding and exclusive of VAT. Unless explicitly stated otherwise, these prices are net, without discount, shipping, or packaging. All offers are non-binding and without obligation. Unless otherwise requested by the Buyer, the Seller has the right to replace any missing product with the most equivalent product and any missing sizes with the nearest approximate size.
By placing an order, the Buyer agrees to these terms and conditions which are binding only and exclusively in the case of a dispute. The Seller may cancel at any time, a written confirmed order without further compensation in the case that:
- previous invoices were not paid by their due date
- the references obtained for the Buyer are not deemed to be satisfactory
- in the case of crop failure, or other circumstances beyond our control, such as adverse weather conditions, prolonged periods of frost, strikes, lockouts, riots, where normal transportation is not possible and any other abnormal conditions which make it impossible for the Seller to carry out normal delivery and shipping. The above list is only indicative and in no way binding.
If the Buyer partially or totally cancels his order, he is obliged to pay a minimum compensation of 20% of the cancelled order to the Seller. If the Seller requires a higher compensation than 20%, he will be entitled to this providing he can prove that his loss is higher than 20% of the value of the cancelled order.
The Seller guarantees that plants are true to name. In the case of error, however, the amount of compensation may never exceed the value of the invoice for the delivered products. Due to it being impossible to monitor how treatment of the products is carried out, the Seller cannot be held responsible for the growth of the delivered products or for the results of forcing the plants supplied.
4. Deliveries and shipments
All deliveries are undertaken by the nursery at Gistel and accepted by the Buyer in order that they travel at the risk of the Buyer even if free delivery has been agreed. Delivery times are an indication only and delays in delivery do not give rise to any kind of compensation. Under no circumstances can the Seller be held responsible for damages, theft, heat, frost damage and loss during transit. Packaging is charged for and is not returnable. Empty crates and pallets may be returned for the price charged minus a percentage to compensate for wear and tear during handling.
5. Reservation of ownership
The Seller remains the owner of all goods until full payment is received.
All invoices are net and payable 30 days from the invoice date unless otherwise agreed and this agreement is stated on the invoice. In the case of late payments, it is our legal right to charge 2% interest per month without prior notice, calculated from the date the invoice was due. Any unpaid sum at the due date will legally incur, without prior notification, an increase of 10% in damages due to exceeding the payment deadline. Refusal to pay for a delivery, gives the Seller the right to collect the goods immediately and without any prior warning or notice. This does not affect the above stated right to interest and damages.
In the case of damage or loss of goods during transit, the Buyer must submit his complaint to the Carrier, who is solely responsible. All refusals and complaints upon delivery must be sent by registered letter within three working days of the delivery to the attention of the Seller, otherwise no action can be taken by the Seller.
In the case of any dispute, the Ostend Court shall have sole jurisdiction.
These terms and conditions are governed by Belgian law and its interpretation.