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Terms of Use

Contact details Carnivorous plant;

  • Website: Carnivory.eu (Dutch webshop: www.vleesetendeplant.nl)
  • Address: Planker 5, Asten
  • Postal code: 5721 VG, Netherlands
  • E-mail: [email protected] 
  • Trade name: JONG GERUND
  • Chamber of Commerce: 84117788

Table of contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Obligation to withdraw in case of delivery of products
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and delivery time
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Force Majeure
Article 15 - Liability
Article 16 - Disputes

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:
1. Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Grace period: The period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital Content: data that is produced and supplied in digital form;
6. Contract for an indefinite period of time: a contract that provides for the regular delivery of goods, services and/or digital content for a specific period of time;
7. Durable data carrier: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that makes future consultation or use possible for a period of time that is geared to the purpose for which the information is intended, and which enables the unaltered reproduction of the stored information;
8. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
10. Distance contract: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby until the conclusion of the agreement exclusive or partial use is made of one or more techniques for distance communication;
11. Model form for withdrawal: the European model form for withdrawal included in Annex I to these Terms and Conditions;
12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 - Identity of the entrepreneur

Name: Carnivory.ey, acting under the name Carnivory.eu (vleesetendeplant.nl);
Address: Planker 5, 5721 VG - Asten;
E-mail address: [email protected];
Chamber of Commerce: 84117788.

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is concluded between the entrepreneur and the consumer.
Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to him/her.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
The price including taxes;
the possible costs of delivery;
the way in which the agreement will be brought about and which actions are required for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and implementation of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the agreement is archived after its conclusion, and if so, in what way it can be consulted by the consumer;
the manner in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
any other languages besides Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;
The minimum duration of the distance contract in the event of an extended transaction.

Article 5 - The agreement

The agreement comes into being, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures.
The entrepreneur can - within legal frameworks - acquaint himself with the ability of the consumer to meet his payment obligations, as well as with all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
The entrepreneur will, together with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier, or place it on the website
A. the visiting address of the establishment of the entrepreneur where the consumer can go for complaints;
B. the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear notification about being excluded from the right of withdrawal
C. the information on guarantees and existing service after purchase;
D. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data prior to concluding the agreement
E. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.
In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Obligation to withdraw when delivering products

When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons during a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, he shall bear no more than the costs of return shipment.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 - Exclusion of right of withdrawal

If the consumer does not have a right of withdrawal, this can only be excluded by Carnivory.eu if Carnivory.eu has clearly stated this in the offer or at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products
A. which have been created by Carnivory.eu in accordance with consumer specifications.
B. that are clearly personal in nature;
C. which, due to lack of care, may quickly perish, including carnivorous plants.
D. whose price is subject to fluctuations in the financial market over which Carnivory.eu has no influence.

Article 9 - The price

All prices are expressed in Euros and include VAT. The consumer is - at the time of purchase - the price that is established in the agreement. As long as the amount due is not delivered, Carnivory.eu is not obliged to deliver the products.
Obvious errors in price quotations, including inaccuracies, can be corrected after the agreement between the customer and Carnivory.eu. Special offers are valid - as long as stocks last.
Finally, packaging and shipping costs may be charged. These will be shown in the total amount.

Article 10 - Compliance and Warranty

The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur.

Article 11 - Delivery and delivery time

Placed orders will be delivered by PostNL when the amount due is paid. Carnivory.eu will ensure that the package is delivered in the correct manner, that it is delivered on time and that it arrives in good condition. However, Carnivory.eu is not responsible for the actual delivery. The shipment and any risks involved are entirely the responsibility of the consumer. If it can be proven that Carnivory.eu did not deliver the package to PostNL on time or did not deliver it properly, then Carnivory.eu is liable. The consumer can then have the products redelivered or have the amount due refunded. The amount of the order must then be refunded by Carnivory.eu within 30 days.
If at the time of delivery no one is present, that is, neither the consumer nor a person designated by him or her, then Carnivory.eu does not guarantee the condition of the delivery.
It is important that consumers - after receipt - check the products themselves. If the consumer has received the products in such a bad condition and the products do not meet such quality requirements, I request that the consumer lets me know within six hours - after receipt. Notification can be done via; [email protected].
Carnivorous plant uses a stock system. However, it is possible that the products are still not in stock. Carnivory.eu will then notify you at least one day before delivery via the saved contact details. Possible follow-up options are: the order will be cancelled, the order will be partially cancelled and the value of the missing products refunded, or the order will be sent at a later date.

Order not collected from a parcel point? If the order of Vleesetendeplant.nl has not been picked up by the customer, this order will be registered by us as 'not picked up'. Because the plants in non-collected orders often take longer than two, or even three, weeks to deliver, the plants cannot be sold. And because these fall under perishable goods, we will charge €10 for administration.

Article 12 - Payment

Insofar not otherwise agreed upon, the amounts due by the consumer should be paid within 14 days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement for the provision of a service, this period shall start after the consumer has received the confirmation of the agreement.
When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot invoke any right regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the reasonable costs previously announced to the consumer.

Article 13 - Complaints procedure

If the consumer receives products that do not meet the quality requirements (see article 11.4), the consumer should make this known within six hours. The period of six hours starts as soon as the products are received, Track & Trace can hereby be used as a guarantee. The notification of the complaint can be done via: [email protected].
If the complaint has been made known, the consumer is obliged to handle the order - in any case five days - with all due care, so that the quality requirements observed can be further investigated. A further appointment will be made between the consumer and Carnivory.eu to visit and investigate the quality loss.
If the complaint is approved by Carnivory.eu, then the consumer is entitled to a refund of the value of the order.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.
Return shipments are allowed if Flesh Eating Plant has expressly consented to it.
Other complaints can be reported to Carnivory.eu. These complaints can never lead to compensation.

Article 14 - Force majeure

In case of force majeure Carnivory.eu is not obliged to fulfill the obligations. Carnivory.eu may then postpone the obligations for the duration of the force majeure. Examples of force majeure are: fire, strikes, energy and operational disruptions, late delivery of products by suppliers, the absence of a licence, network or connection disruptions, or the temporary unavailability of the website.

Article 15 - Liability

Flesh Eating Plant is not liable for indirect damage of the consumer or third parties. This includes consequential damage, delay damage, trading loss, personal injury, loss of profit or other indirect damage, for whatever cause.
The consumer indemnifies Carnivory.eu against all third-party claims for compensation of damage, interest or costs arising from events relating to the goods delivered by Carnivory.eu.

Article 16 - Disputes

On agreements between the entrepreneur and the consumer to which these general conditions relate, only European (and Dutch) law applies.

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