Terms and Conditions

General terms and conditions – January 2021 – MDK Flowers & Greens BV

1. Definitions
2. 1. MDK:
   MDK Flowers & Greens BV

Zwethlaan 18, 2675LB Honselersdijk

Chamber of Commerce number: 60803576 VAT identification number: NL854066470 B01

2. 2. Website: www.beautanic.nl
3. Applicability
4. 1 These general terms and conditions apply to every offer from MDK and to every agreement concluded with MDK. Before an agreement is concluded, these general terms and conditions are made available to the customer. If this is not reasonably possible, MDK will inform the customer before the agreement is concluded that these general terms and conditions are available for inspection at MDK and will be sent on request.
5. 2 If the general terms and conditions have been made available electronically, this has taken place in such a way that the customer can save the general terms and conditions and make them accessible for later inspection.
6. The goods, purchase & delivery
7. 1 The description of the goods, the quantity, quality, price, VAT, insurance, environmental tax and delivery costs are described on the website, the catalogue, order page or order form. Illustrations, descriptions and other information relating to certain goods, with the exception of prices, VAT, shipping costs and environmental tax, are indicative and serve as a guideline only. Obvious mistakes or errors in the offer and/or the agreement are not binding on MDK.
8. 2 MDK can unilaterally change the agreement, whereby the customer has the option to dissolve the agreement within 14 days after MDK has informed the customer of this change.
9. 3 After the customer has placed an order with MDK, MDK will confirm receipt of such order as soon as possible if possible. If this order has been placed electronically, MDK will immediately confirm this order electronically.
10. 4 MDK strives to deliver all ordered goods within the agreed delivery time. Goods and services are always subject to availability. If your order or part of your order cannot be delivered, MDK will notify you. If a product or order is (partially) unavailable, MDK can supply a replacement product of equal or higher quality, or deliver your order in part. If you do not wish to keep the replacement product, you can use the right of withdrawal as described in Article 4.
11. 5 If the product ordered by you is delivered damaged or defective, or if it is an incorrect product, you can inform customer service by e-mail or telephone within a period of 14 days after receipt of the goods. Customer service will then arrange for a replacement or equivalent product.
12. 6 MDK will do its utmost to ensure that your order is shipped at the time you request. If MDK is unable to ship an order at the time requested by you, that order will be shipped at a time as close as reasonably possible to the desired time; this can be earlier or later than the desired time.

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General Terms and Conditions – January 2021 – MDK Plants & Decorations BV

7. 7 MDK will deliver the goods to the address you specify in your order. It is important that this address is correct. Be precise about where you want the goods to be left in the unlikely event that you are not at home when MDK delivers. MDK accepts no liability, to the fullest extent permitted by law, for loss or damage to the goods if they have been delivered in accordance with your delivery instructions.
8. 8 Life the goods should be planned as soon as possible after receipt. We recommend that you open and take care of the delivered package immediately after receipt unless you decide that you want to make use of your right of withdrawal as described in article 4.
9. 9 You always have the option, without any additional surcharges, until the day before the packing process of the order starts, to make changes or to cancel the order. You must contact customer service for this. This is only possible if we receive your instructions before your package is packed.
10. Right of withdrawal
11. 1 You have the right to cancel an order up to 14 days after the day you received the ordered goods. If you want to make use of this right of withdrawal, you will find the (digital) form with which you can do this on www.beautanicshop/withdrawal form under general terms and conditions. Do not return the goods to MDK before you have received a request to do so from MDK (MDK always guarantees the quality of the goods and can usually not reuse them due to the nature of the goods). With this, MDK wants to ensure that it does not generate an unnecessary burden on the environment. If you return the goods, the goods must be sent in the original packaging to the address stated on the invoice. MDK will refund your payment including the environmental tax and shipping costs.
12. 2 The customer bears the direct costs of returning the products.
13. 3 During the period that the customer can make use of the right of withdrawal, the customer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the customer may only handle and inspect the product as he would be allowed to do in a shop.
14. 4 The customer is liable for depreciation of the product that is the result of a way of handling the product that goes further than permitted in the previous paragraph.
15. Prices & payment
16. 1 All prices quoted are in local currency and correct at time of publication, but may be subject to change.
17. 2 MDK can, within legal frameworks, inform itself whether the customer can meet its payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the agreement (at a distance). If, on the basis of this investigation, MDK has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
18. 3 The special conditions as stated in 5.2 include the obligation to pay (partial) advance or payment of outstanding invoices that have not been paid.
19. 4 All prices are exclusive of shipping costs and include VAT at the current rate. MDK guarantees that there will be no increase in the stated prices of products in its online shop or catalog or orders received during the validity period of these offers. The prices in the catalogues, special offers or online shop may (mutually) differ. In the event that the VAT rates are increased during the term of a catalog or price list, MDK reserves the right to charge such additional amounts to the customer, whereby the customer has the option to dissolve the agreement within 14 days after MDK notifies the customer of this change.

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General terms and conditions – January 2021 – MDK Flowers & Greens BV.

5. 5 If goods are incorrectly priced due to obvious error or clerical error, either at the unit level or as a result of the activation of a promotion, MDK shall have no obligation to supply those goods to you at the incorrect price, to the extent that the customer was not justified in relying on this incorrect price. In such circumstances, MDK may notify you of the correct price and ask you whether you agree to the amended price.
6. 6 MDK accepts payment for goods in a number of forms as indicated on the website or the order form. Payment options depend on the country and order channel.
7. 7 The customer is obliged to immediately report inaccuracies in payment details provided or stated to MDK.
8. 8 If a customer fails to send the correct payment with his order or if the payment is refused for whatever reason, MDK is entitled, after notice of default, to compensation for the administrative costs for requesting payment. MDK reserves the right to dissolve the agreement or to suspend further delivery to you. This does not affect other rights of MDK.
9. 9 If the customer does not meet his payment obligation(s) in time, MDK will grant the customer a period of 14 days to still meet his payment obligation(s). After this term and failure to pay, the customer owes statutory interest on the amount still owed and MDK is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of:
   • - 15% on outstanding amounts up to € 2,500;
   • - 10% on the subsequent € 2,500; and
   • - 5% on the next € 5,000;
     With a minimum of € 40,--. Outstanding amounts as stated in this paragraph also include monetary claims in a currency other than the euro with an equivalent value.

6. Guarantee

1. 1 MDK offers the following warranty on goods it supplies:
   • 2 months warranty on all house plants, provided these plants have not been exposed to temperatures below 15 degrees
2. 2 MDK furthermore guarantees the quality and/or usability of the delivered products in accordance with the specifications provided. The date of delivery of the products is the commencement date of the warranty. If a warranty claim is accepted by MDK and MDK requests you to return the product(s), the return costs will be borne by MDK. Any costs resulting from unsubstantiated claims will be borne by the customer.
3. 3 No claim can be made under this warranty:
   • in the event of damage resulting from intentional, culpable or negligent treatment;
   • in case of misuse or poor maintenance;
   • with normal wear and tear;
   • if the product is damaged as a result of not following the instructions for use.

7. Liability

1. 1 MDK is only liable for damage insofar as the risk is reasonably insurable.
2. 2 MDK is not liable for damage in the event of its own fault, culpable act, recklessness, willful act or other conduct or negligence on the part of the customer insofar as reasonableness and fairness allow this.

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General terms and conditions – January 2021 – MDK Flowers & Greens BV.

8. Website and catalog disclaimer
9. 1. Changes to the range can be made at any time. MDK will use reasonable commercial efforts to keep the website up to date, but the information and specifications provided are for informational purposes only and are subject to change without notice. Photos on the website are usually accurate, but slight variations in color, shape and size may occur.
10. 2. The content of the website is directed solely at persons who access the site from geographic locations in the delivery area. MDK is not responsible for the content of other linked websites.
11. 3. If clarification or addition is required for advice or information on the website, we recommend that you request further information from our customer service department. MDK is not liable for any loss, damage or injury that may arise as a result of following this help, advice or information.
12. Intellectual property rights
13. 1 The information and advice found on MDK's website or in other MDK publications are for personal use only and should only be considered as a mere representation of best practices.
14. 2 All written text, photographs, designs and content of the website, the catalogs and other publications, in combination with the selection and arrangement thereof and all software compilations are copyrighted by MDK or by the persons who have granted a right of use to MDK in the matter. and are protected as such. All rights are hereby reserved.
15. 3 No part of this website may be reproduced, mechanically, electronically, including photocopying, or by any means whatsoever without the prior written permission of MDK or the holder of the relevant intellectual property right.
16. 4 Any names, logos, slogans, or other statements may be trademarks of us or any other person or company. Any unauthorized use of a trademark is illegal. You may not copy, reproduce, transmit, distribute, commercially exploit, or create derivative works from, or assist others to do so with the protected texts and images. If you become aware of any such distribution or commercial exploitation, you agree to immediately notify MDK.
17. 5 You acknowledge that by posting any material on MDK's website you grant both MDK and our licensors and assigns an irrevocable, perpetual, royalty-free, worldwide license to use the materials, both within the MDK domain and otherwise. The license extends to copying, distributing, broadcasting, and otherwise transmitting, adapting and editing the materials.
18. Complaints and disputes

10.1. MDK advises the customer to email complaints to info@beautanic.nl MDK will make every effort to resolve the complaint satisfactorily. If this does not lead to a solution, the customer can use the Online Dispute Resolution platform of the European Commission. This platform can be found at http://ec.europa.eu/odr.

10.2. Only Dutch law applies to agreements between MDK and the customer to which these general terms and conditions apply.

10.3. Any disputes will be settled exclusively by the court in Amsterdam, on the understanding that MDK grants a consumer at least one month to choose the legally competent court.

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General terms and conditions – January 2021 – MDK Flowers & Greens BV

11. Other

11.1. Failure by you or MDK to enforce any right under these terms shall not prevent you or MDK from enforcing other rights or from invoking that right at a later date.

2. 2. To the extent that any provision of these Terms is found by any court or competent authority to be invalid, illegal or unenforceable in any jurisdiction, that provision shall not be deemed a part of these Terms, and shall not affect the enforceability of any the remainder of these terms nor will it affect the validity, legality and enforceability of this provision in any other jurisdiction.
3. 3. If you are a business user, you agree to indemnify MDK and/or any of its affiliates and its officers, directors and employees, immediately upon request, from all claims, liability, damages, costs and expenses, including legal costs arising out of any breach of these terms by you or any other obligations arising out of your use of the MDK website.