General Terms & Conditions of Ihaveacactus.com
This document contains our General Terms and Conditions. These General Terms and Conditions, which include important information for you as a buyer, shall always apply if you use our webshop or place an order through it, so please read them carefully. We would also advise you to save or print a copy of these General Terms and Conditions so that you can consult them at a later date.
Article 1: Definitions
1.1 Ihaveacactus.com: having its official seat in Limmen and registered with the Chamber of Commerce under registration number KVK 69518122, trading under the names ihaveacactus.com, ikhebeencactus.nl, ikhebeencactus.be and 123cactussen.nl
1.2 Webshop: the Ihaveacactus.com webshop, which can be viewed at www.ihaveacactus.com, and all associated subdomains.
1.3 Customer: the natural person or legal entity who/that concludes an Agreement with ihaveacactus.com and/or has registered on the website.
1.4 Agreement: every arrangement or agreement between ihaveacactus.com and the Customer, of which the General Terms and Conditions shall form an integral part.
1.5 General Terms and Conditions: these general terms and conditions.
Article 2: Scope of General Terms and Conditions
2.1 All offers, agreements and deliveries by ihaveacactus.com shall be governed by the General Terms and Conditions, unless explicitly agreed otherwise in writing.
2.2 If, in their order, confirmation or notification of acceptance, the customer includes provisions or conditions that deviate from or do not appear in the General Terms and Conditions, those provisions or conditions will be binding on ihaveacactus.com only if and insofar as they have been explicitly accepted in writing by ihaveacactus.com.
Article 3: Prices and Information
3.1 All prices stated on the Website and in other materials originating from ihaveacactus.com are inclusive of VAT and other government-imposed levies. For businesses we have other VAT options. They can be selected in the checkout page.
3.2 If shipping costs are to be charged, this will be stated clearly in a timely manner before the conclusion of the Agreement. These costs will also be specified separately during the order process. If no shipping costs are to be charged or if they are included in the price, this will also be stated in the manner referred to in this article.
3.3 The content of this webshop has been compiled with the greatest possible care. However, ihaveacactus.com cannot guarantee that all information on the website will be complete and accurate at all times. All prices and other information on the webshop and in other materials originating from ihaveacactus.com are therefore subject to obvious programming or typing errors.
3.4 ihaveacactus.com cannot be held liable for any deviations in color or other issues resulting from monitor quality.
Article 4: Formation of Agreement
4.1 The Agreement shall be formed at the time of acceptance by the Customer of the offer made by ihaveacactus.com and compliance with the conditions stipulated by ihaveacactus.com in this connection.
4.2 If the Customer has accepted the offer electronically, ihaveacactus.com will immediately confirm receipt of the acceptance of the offer in the same manner. As long as the receipt of the acceptance has not been confirmed, the Customer can dissolve the Agreement.
4.3 If it transpires that inaccurate information has been provided by the Customer, whether upon acceptance or otherwise, ihaveacactus.com will be entitled to adjust its prices accordingly.
Article 5: Registration
5.1 In order to make optimal use of the webshop, the Customer can register using the registration form on the website.
5.2 During the registration procedure, the Customer will choose a user name and password with which to log on to the webshop following registration. The Customer is responsible for choosing a sufficiently secure password.
5.3 The Customer must keep their log-in details, user name and password absolutely confidential. ihaveacactus.com is not liable for misuse of the log in details and is always entitled to assume that a Customer who logs on to the Website is in fact the Customer. Everything done using the Customer’s account will be for the risk and responsibility of the Customer.
5.4 If the Customer knows or suspects that their log-in details have been obtained by unauthorised parties, they must change their password as soon as possible and/or notify ihaveacactus.com in order to allow ihaveacactus.com to take the appropriate steps.
Article 6: Performance of Agreement
6.1 Upon receiving the order, ihaveacactus.com will dispatch the products as quickly as possible. Normally this will be within 1-2 days. Except weekends and holidays.
6.2 ihaveacactus.com is entitled to engage third parties for the fulfilment of the obligations arising from the Agreement.
6.3 The webshop will describe clearly, in a timely manner before the conclusion of the Agreement, how delivery will be made and the period within which the products will be delivered. If no delivery period has been agreed, the products will in any case be delivered within 30 days.
6.4 ihaveacactus.com will inform the Customer if it is unable to deliver the products within the agreed period. In that case the Customer may agree to a new delivery date or dissolve the Agreement free of charge.
6.5 ihaveacactus.com advises the Customer to inspect the delivered products and to give notification of any defects discovered, preferably in writing or by e-mail, within a reasonable period. See the article on Warranty and Conformity for more details.
6.6 Once the products to be supplied have been delivered to the specified delivery address, the risk in the products will pass to the Customer.
Article 7: Right of Withdrawal
7.1 If the Customer is a natural person not acting in the course of a business or profession, he/she will be entitled to dissolve the distance selling Agreement with CactusPlaza free of charge within 14 calendar days after receiving the product, without being required to state reasons. Only the direct costs for the return shipment will be for the Customer’s account. Upon returning the entire order, the Customer will be refunded for the original shipping costs paid by the Customer and for the amount paid for the product. Cacti, succulent en other plants are an exception on the right of withdrawal because these products can spoil within the statutory 14-day cooling-off period.
7.2 The Customer will take due care in handling the product and the packaging within the period referred to in paragraph 1. The Customer will only open the packaging and use the product insofar as is necessary in order to establish the nature and features of the product and that it is in working order.
7.3 The Customer may dissolve the agreement in accordance with paragraph 1 of this article by returning the product to ihaveacactus.com within the period stipulated in paragraph 1 or by notifying ihaveacactus.com within that period that the Customer has decided not to buy the product, whereupon the Customer shall return the product as quickly as possible.
Products can be returned to:
t.a.v. Incomming goods Returns
7.4 Sums already paid by the Customer (including sums paid in advance) will be refunded to the Customer as quickly as possible but by no later than 7 days after dissolution of the Agreement.
7.5 The right of withdrawal does not apply to products:
that were produced by the entrepreneur in accordance with the consumer’s specifications;
that are clearly of a personal nature;
that by their nature cannot be returned;
that can perish or age quickly;
the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
that are individual newspapers and magazines:
that are audio and video recordings and computer software on which the consumer has broken the seal.
7.6 The webshop will provide information on the applicability or otherwise of the right of withdrawal and on any procedural formalities that should be followed in a clear and timely manner before the Agreement is concluded.
Article 8: Payment
8.1 The Customer shall make payments to ihaveacactus.com in accordance with the order procedure and using the payment methods indicated on the webshop. ihaveacactus.com has the discretion to decide which payment methods to offer and may change them from time to time. General information on payment methods will be provided to the Customer by ihaveacactus.com in a timely manner before the Agreement is concluded.
Article 9: Warranty and Conformity
9.1 ihaveacactus.com warrants that the products and/or services conform to the Agreement, the specifications stated in the offer, the reasonable requirements of fitness and/or usability and the statutory provisions and/or government requirements in force at the time of formation of the Agreement. If so agreed, ihaveacactus.com also warrants that the product is suitable for use in ways other than its normal use.
9.2 A warranty provided by ihaveacactus.com, the manufacturer or importer will not detract from the statutory rights and claims that the Customer has under the Agreement.
9.3 If the product that is delivered does not conform to the Agreement, the Customer shall notify ihaveacactus.com within a reasonable period after discovering the defect.
9.4 If ihaveacactus.com considers the complaint to be well founded, the relevant products will be repaired, replaced or a refund will be given following consultation with the Customer. The maximum amount payable will be the price paid by the Customer for the product.
Article 10: Complaints Procedure
10.1 If the Customer has a complaint about a product (in accordance with the article on Warranty and Conformity) and/or other aspects of the services of ihaveacactus.com, the Customer can submit that complaint to ihaveacactus.com by e-mail. ihaveacactus.com contact details can be found below these General Terms and Conditions.
10.2 Ihaveacactus.com will do everything to prevent complaints. If you are still not satisfied, we advise you to first make your complaints known to us by emailing firstname.lastname@example.org. Within 2 days after receiving the complaint, you will receive a response with an answer to your complaint. Then you can submit your complaint to the Disputes Committee via the European ODR Platform.
Article 11: Personal Data
11.1 ihaveacactus.com will process the personal data of customers in accordance with the privacy statement published on the Website.
Article 12: Final Provisions
12.1 The Agreement shall be governed by Dutch law.
12.2 Insofar as not stipulated otherwise by legal rules from which no deviation is permitted, all disputes that may arise as a result of the Agreement shall be submitted to the competent Dutch court in the district in which ihaveacactus.com is based.
12.3 If a provision of these General Terms and Conditions proves to be null and void, that nullity will not affect the validity of the General Terms and Conditions as a whole. In that event the parties will agree on one or more replacement provisions that match the intention of the original provision insofar as is legally possible.
12.4 In these General Terms and Conditions, the term “writing” shall also include communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
If you have any questions, comments or complaints after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail.
t.a.v. Chanel and Bo
Chamber of Commerce number: 69518122
VAT number : NL098659728B01
Ihaveacactus.com is a trading name off the ikhebeencactus company.