General Terms and Conditions of Bonsai Empire and Lodder Bonsai BV, united as Bonsai Shop

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Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader.

Reflection period: the period within which the consumer can exercise their right of withdrawal.

Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession.

Day: calendar day.

Digital content: data produced and supplied in digital form.

Long-term contract: an agreement for the regular supply of goods, services and/or digital content over a certain period.

Durable medium: any tool – including email – that enables the consumer or trader to store information addressed to them personally, in a way that allows future consultation or use for a period appropriate to the purpose of the information, and that allows unaltered reproduction of the stored information.

Right of withdrawal: the consumer's ability to withdraw from the distance contract within the reflection period.

Trader: the natural or legal person offering products, (access to) digital content and/or services to consumers at a distance.

Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for distance communication.

Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I need not be made available if the consumer has no right of withdrawal regarding their order.

Technique for distance communication: a means that can be used to conclude an agreement without the consumer and trader needing to be physically present in the same place at the same time.

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Article 2 - Identity of the trader

Lodder Bonsai and Bonsai Empire are united as Bonsai Shop
Gerrit Lodder and O. Jonker
Hugo de Vriesweg 1
3481JA Harmelen
+31(0)348-404 777
info(at)bonsaishop.nl
VAT no. NL801718855B01
KVK no. 30002361

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Article 3 - Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the trader's premises, and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, then, notwithstanding 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 electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically, and that they will be sent free of charge electronically or otherwise at the consumer's request.

In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them.

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Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.

The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the trader.

Every offer contains information that makes clear to the consumer what rights and obligations are attached to acceptance of the offer.

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Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and satisfies the corresponding conditions.

If the consumer has accepted the offer electronically, the trader will promptly confirm electronic receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

Within statutory limits, the trader may inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the trader has good reasons not to enter into the agreement, they are entitled to refuse an order or request, with reasons given, or to attach special conditions to its performance.

At the latest upon delivery of the product, service or digital content, the trader will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

• the visiting address of the trader's premises where the consumer can lodge complaints;
• the conditions under and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding exclusion from the right of withdrawal;
• information on warranties and existing after-sales service;
• the price, including all taxes, of the product, service or digital content; where applicable, delivery costs; and the method of payment, delivery or performance of the distance contract;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or an indefinite duration;
• if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

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Article 6 - Right of withdrawal

For products:

The consumer can dissolve an agreement relating to the purchase of a product during a reflection period of at least 31 days without giving any reason. The trader may ask the consumer for the reason for withdrawal but may not require the consumer to state their reason(s).

The reflection period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:

• if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The trader may refuse an order of multiple products with different delivery times, provided the trader has clearly informed the consumer of this in advance of the ordering process.
• if delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part;
• for agreements for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, received the first product.

For services and digital content not supplied on a tangible medium:

The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal but may not require the consumer to state their reason(s).

The reflection period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

Extended reflection period in the event of failure to inform about the right of withdrawal:

If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period, as determined in accordance with the previous paragraphs of this article.

If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

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Article 7 - Consumer obligations during the reflection period

During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product as they would be permitted to do in a shop.

The consumer is only liable for any diminished value of the product resulting from handling of the product that goes beyond what is permitted under paragraph 1.

The consumer is not liable for diminished value of the product if the trader has not provided them, before or at the conclusion of the agreement, with all legally required information about the right of withdrawal.

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Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises their right of withdrawal, they must report this within the reflection period by means of the model withdrawal form or in another unambiguous manner to the trader.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the reflection period has expired.

The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.

The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium, if:

• they did not expressly consent, prior to delivery, to the commencement of performance of the agreement before the end of the reflection period;
• they did not acknowledge that they would lose their right of withdrawal by giving their consent; or
• the trader has failed to confirm this statement by the consumer.

If the consumer exercises their right of withdrawal, all additional agreements are automatically dissolved by operation of law.

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Article 9 - Trader obligations upon withdrawal

If the trader enables notification of withdrawal by the consumer electronically, they will send an acknowledgement of receipt promptly after receiving this notification.

The trader reimburses all payments made by the consumer, including any delivery costs charged by the trader for the returned product, promptly but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the trader offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer demonstrates that they have returned the product, whichever occurs first.

The trader uses the same means of payment for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

Live plants, including bonsai, are legally excluded from the right of withdrawal as they are perishable goods. However, we apply a goodwill policy: report a complaint within 7 days of receipt, and we will do our best to work with you towards a solution. Reporting promptly also allows us to give you timely advice on care, placement and watering — as a bonsai can unfortunately run into trouble quickly if the conditions aren't right.

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Article 10 - Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

• Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence, and which may occur within the withdrawal period;
• Agreements concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the trader to the consumer, who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
• Service agreements, after full performance of the service, but only if the performance began with the consumer's express prior consent and the consumer has declared that they will lose their right of withdrawal once the trader has fully performed the agreement;
• Package travel as referred to in Article 7:500 of the Dutch Civil Code, and passenger transport agreements;
• Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement, other than for residential purposes, goods transport, car rental services and catering;
• Agreements relating to leisure activities, if a specific date or period of performance is provided for in the agreement;
• Products manufactured according to consumer specifications, that are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or that are clearly intended for a specific person;
• Products that spoil quickly or have a limited shelf life;
• Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
• Products that, after delivery, are by their nature inseparably mixed with other products;
• Alcoholic beverages for which the price was agreed upon conclusion of the agreement, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;
• Sealed audio, video recordings and computer software whose seal has been broken after delivery;
• Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
• The supply of digital content other than on a tangible medium, but only if the performance began with the consumer's express prior consent and the consumer has declared that they thereby lose their right of withdrawal.

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Article 11 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This dependence on fluctuations, and the fact that any stated prices are target prices, are stated with the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and: a. they result from statutory regulations or provisions; or b. the consumer has the authority to terminate the agreement with effect from the day the price increase takes effect.

Prices stated in the offer of products or services include VAT.

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Article 12 - Compliance with the agreement and extended warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in existence on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.

An extended warranty provided by the trader, their supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the trader under the agreement if the trader has failed to fulfil their part of the agreement.

An extended warranty is understood to mean any commitment by the trader, their supplier, importer or manufacturer that grants the consumer certain rights or claims that go beyond what they are legally obliged to do in the event that they have failed to fulfil their part of the agreement.

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Article 13 - Delivery and performance

The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address the consumer has made known to the trader.

Subject to the provisions of Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to any compensation.

Following dissolution in accordance with the previous paragraph, the trader will promptly refund the amount paid by the consumer.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise. The consumer is responsible for checking the ordered products upon delivery. After delivery, the trader cannot be held responsible for any consequential damage from the delivered products.

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Article 14 - Long-term transactions: duration, termination and renewal

Termination:

The consumer can terminate an agreement entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, in compliance with the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period, in compliance with the agreed termination rules and a notice period of no more than one month.

The consumer can:

• terminate the agreements referred to in the previous paragraphs at any time and is not restricted to termination at a specific time or during a specific period;
• terminate them at least in the same manner in which they were entered into;
• always terminate with the same notice period that the trader has stipulated for themselves.

Renewal:

An agreement entered into for a definite period that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

Notwithstanding the previous paragraph, an agreement entered into for a definite period that extends to the regular delivery of daily, news and weekly papers and magazines may be tacitly renewed for a definite period of a maximum of three months, if the consumer can terminate this renewed agreement towards the end of the renewal period with a notice period of no more than one month.

An agreement entered into for a definite period that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement extends to the regular, but less than monthly, delivery of daily, news and weekly papers and magazines.

An agreement with a limited duration for the regular introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

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Article 15 - Payment

Unless otherwise stipulated in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or, in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period begins on the day after the consumer has received confirmation of the agreement.

When selling products to consumers, the general terms and conditions may never require the consumer to make an advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot assert any rights regarding the performance of the relevant order or service(s) before the stipulated advance payment has been made.

The consumer has a duty to promptly report inaccuracies in payment details provided or stated to the trader.

If the consumer does not fulfil their payment obligation(s) on time, then, after being notified by the trader of the late payment and having been granted a 14-day period by the trader to still fulfil their payment obligations, and after payment fails to be made within this 14-day period, the consumer owes statutory interest on the amount still owed, and the trader is entitled to charge the extrajudicial collection costs they have incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The trader may deviate from these amounts and percentages in favour of the consumer.

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Article 16 - Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.

Complaints about the performance of the agreement must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within a period of 7 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 7-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

The consumer must in any case give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is eligible for the dispute settlement procedure.

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Article 17 - Disputes

Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

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Article 18 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

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Privacy Policy

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Bonsai Shop respects the privacy of all users of its site and ensures that the personal information you provide us is treated confidentially.

Use of our services

When you sign up for one of our services, we ask you to provide personal data. This data is used to perform the service. The data is stored on Bonsai Shop's own secured servers or those of a third party. We will not combine this data with other personal data we hold.

Communication

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Purposes

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Third parties

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