When a Buyer places an order, it implies his approval of these terms and conditions of sale.
The Seller is indemnified from commitments made by him to supply plants when he is unable to meet these obligations due to scarcity due to crop failures or other cases of force majeure. He will never be held responsible for this. However, he will need to inform the Buyer about this in writing.
If the Buyer had not yet paid the bills of the previous season to the Seller or to any member of his professional organisation by autumn, for reasons inadequate by the Seller or the professional organisation, or if the information concerning the financial capacity of the Buyer seems inadequate, the Seller has the right to suspend the execution of the order, without any notice of default and without having to identify the source of information.
If the Buyer (partially) cancels an order that was placed, he is obliged to pay a cancellation fee to the Seller amounting to at least 20% of the value of the cancelled order, without the Seller being liable to prove any loss suffered. However, when the Seller demands a higher cancellation fee, he will need to prove that the loss suffered by him is more than 20% of the value of the cancelled order.
The prices are expressed in Euro and are applicable “from nursery”.
All plants are collected by the buyer from the nursery Guido Van de Steen bv (unless mutually agreed otherwise).
The delivery date is only there for indicative purposes. If it is not possible to have the plants available on the date chosen by the buyer, the buyer will be informed.
A delay in the delivery could never lead to the award of such compensation for damages. The Seller will never be held responsible for damages, theft, heating, storage damages and losses while in transit.
Guido Van de Steen guarantees that the plants are true to species. In case of a mistake, the plants will be exchanged or refunded for the value of the purchase. The amount of the compensation may never be higher than the value of the plants supplied. In the view of the impossibility to supervise this, the Seller may not be held responsible for the cultivation of supplied articles or for the result when it is forced onto any plant supplied.
All orders are payable upon collection of the plants at the nursery.
As soon as the plants have been loaded at the nursery, the seller accepts the plants as they are.
right of withdrawal
Because the buyer collect the plants himself and can see them at the nursery before paying, no right of withdrawal applies.
Guido Van de Steen bv is not responsible for non-compliance with the delivery in case of force majeure. Under no circumstances will compensation be paid in this case.
In order to guarantee and commit to fast resolution of disputes via arbitration, the B.A.I. (Belgian Arbitration Institute) is responsible to appoint arbiters competent to make a final ruling in accordance with its regulations, which are available free of charge from the B.A.I., Lieven Bauwensstraat 20 at 8200 Bruges (Tel 050 32 35 95 and Fax 050 31 37 34). This clause forms an integral part of the terms and conditions of sale and hereby replaces all contradictory jurisdiction clauses.