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 provided to the purchaser. If this is not reasonably possible, MDK will inform the purchaser before the agreement is concluded that these general terms and conditions are available for inspection at MDK and will be sent upon request.
5. 2 If the general terms and conditions have been made available electronically, this has been done in such a way that the customer can save the general terms and conditions and make them accessible for later reference.
6. The goods, purchase & delivery
7. 1 The description of the goods, the quantity, the quality, the 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 regarding certain goods, with the exception of the prices, VAT, shipping costs and environmental tax, are indicative and serve only as a guideline. Obvious mistakes or obvious errors in the offer and/or the agreement do not bind MDK.
8. 2 MDK may unilaterally amend the agreement, in which case the purchaser has the option to terminate the agreement within 14 days after MDK has notified the purchaser of this amendment.
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 confirm this order electronically without delay.
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 inform you of this. If a product or order is (partly) unavailable, MDK can deliver 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 make use of the right of withdrawal as described in article 4.
11. 5 If the product you ordered is delivered damaged or defective, or if it is an incorrect product, you can inform customer service by e-mail or telephone within 14 days of receipt of the goods. Customer service will then provide a replacement or similar product.
12. 6 MDK will use its best efforts to ensure that your order is dispatched at the time requested by you. If MDK is unable to dispatch an order at your requested time, that order will be dispatched at a time as close to the requested time as reasonably possible, which may be either earlier or later than the requested time.

13. Failure to collect parcels from the collection point

    If an order is not collected from the collection point within the period set by the carrier and is therefore returned to Beautanic Lifestyle, the following conditions apply:

    1. Return costs
       The costs for returning the package to Beautanic Lifestyle can be charged to the customer, unless otherwise agreed in writing.

    2. Resend
       If the customer wishes the package to be reshipped, the costs of this new shipment will be fully borne by the customer. These shipping costs must be paid in advance.

    3. Loss of right to delivery
       If the customer does not contact Beautanic Lifestyle within 14 days of receiving the return package, Beautanic Lifestyle reserves the right to cancel the order. In that case, the purchase price will be refunded, minus the cost of the original shipping and any return shipping costs.

    4. Right of withdrawal
       If the customer exercises the right of withdrawal, only the purchase costs of the products will be refunded. The original shipping costs and any return costs remain at the expense of the customer.

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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 provide in your order. It is important that this address is correct. Please be specific 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 extent permitted by law, for loss or damage to the goods if they have been delivered in accordance with your delivery instructions.
8. 8 The goods should be scheduled 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 use your right of withdrawal as described in article 4.
9. 9 You always have the possibility, without any additional charges, up to the day before the packing process of the order starts, to make changes or to cancel the order. For this you need to contact customer service. 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 that you received the ordered goods. If you want to use this right of cancellation, you will find the (digital) form with which you can do so on www.beautanicshop/herroepingsformulier 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, due to the nature of the goods, is often unable to reuse them). MDK wants to ensure that no unnecessary burden is generated 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 purchaser shall bear the direct costs of returning the products.
13. 3 During the period in which the purchaser can make use of the right of withdrawal, the purchaser 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 starting point here is that the purchaser may only handle and inspect the product as he would be allowed to do in a shop.
14. 4 The purchaser is liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in the previous paragraph.
15. Prices & Payment
16. 1 All prices quoted are in local currency and are correct at time of publication but may be subject to change.
17. 2 MDK may, within legal frameworks, inquire whether the purchaser can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the agreement (at a distance). If MDK has good reasons not to enter into the agreement on the basis of this investigation, 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, among other things, the obligation to make (partial) advance payment 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 catalogue or orders received during the validity period of these offers. The prices in the catalogues, special offers or online shop may differ (from each other). In the event that the VAT rates are increased during the term of a catalogue or price list, MDK reserves the right to charge such additional amounts to the customer, whereby the customer has the option to terminate the agreement within 14 days after MDK has informed 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 an obvious error or mistake, either at unit level or as a result of the activation of a promotion, MDK will not be obliged to supply those goods to you at the incorrect price, at least to the extent that the customer could not justifiably rely on such incorrect price. In such circumstances, MDK may inform you of the correct price and ask you whether you still agree to the changed price.
6. 6 MDK accepts payment for goods in a number of forms as indicated on the website or order form. Payment options depend on the country and order channel.
7. 7 The purchaser has the obligation to report any inaccuracies in payment details provided or stated to MDK without delay.
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 of requesting the payment. MDK reserves the right to terminate the agreement or to suspend further delivery to you. This does not affect other rights of MDK.
9. 9 If the purchaser does not meet his payment obligation(s) on time, MDK will grant the purchaser a period of 14 days to still meet his payment obligation(s). After this period and failure to pay, the purchaser owes statutory interest on the amount still owed and MDK is entitled to charge the extrajudicial collection costs incurred by it. 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.--. Outstanding amounts as stated in this clause also include monetary claims in a currency other than the euro with an equivalent value.

6. Warranty

1. 1 MDK offers the following warranty on goods supplied by it:
   • 2 months warranty on all houseplants provided that these plants have not been exposed to temperatures below 15 degrees
2. 2 MDK further guarantees the quality and/or usability of the delivered products in accordance with the specifications provided. The date of delivery of the products shall be considered the effective date of the guarantee. If a guarantee claim is accepted by MDK and MDK requests you to return the product(s), the return costs shall be borne by MDK. Any costs resulting from unfounded claims shall 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 incorrect use or poor maintenance;
   • with normal wear and tear;
   • if the product is damaged as a result of failure to observe the instructions for use.

7. Liability

1. 1 MDK is only liable for damage to the extent that the risk is reasonably insurable.
2. 2 MDK is not liable for damage if there is any fault, culpable conduct, recklessness, intentional conduct or other conduct or negligence on the part of the purchaser, to the extent that reasonableness and fairness permits this.

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

8. Website and catalogue disclaimer
9. 1. Changes to the assortment may 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 information purposes only and are subject to change without notice. Photographs on the website are generally accurate, but slight variations in color, shape and size may occur.
10. 2. The content of the website is directed exclusively at persons who access the site from geographic locations within the delivery area. MDK is not responsible for the content of other linked websites.
11. 3. If any advice or information on the website requires clarification or addition, 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 the website or in other publications of MDK is intended for personal use only and should not be regarded as anything more than a representation of 'best practices'.
14. 2 All written text, photographs, designs and content of the website, the catalogues and other publications, in combination with the selection and arrangement thereof and all software compilations are the copyrighted property of MDK or of persons who have granted MDK a right of use in this respect and are protected as such. All rights are reserved.
15. 3 No part of this website may be reproduced, mechanically, electronically, including photocopying, or in any other way without the prior written permission of MDK or the holder of the relevant intellectual property right.
16. 4 All names, logos, slogans, or other statements may be trademarks of us or another person or company. Any unauthorized use of a trademark is unlawful. You may not copy, reproduce, transmit, distribute, commercially exploit or create derivative works from such material or content, or assist others to do so. If you become aware of any such distribution or commercial exploitation, you agree to notify MDK immediately.
17. 5 You acknowledge that by posting material on the MDK website, you grant MDK and our licensors and assigns an irrevocable, perpetual, royalty-free, worldwide license to use the materials, both within the MDK domain and otherwise. This license includes copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
18. Complaints procedure and disputes

10.1. MDK advises the purchaser 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 purchaser can use the Online Dispute Resolution platform of the European Commission. This platform can be found at http://ec.europa.eu/odr.

10.2. Agreements between MDK and the purchaser to which these general terms and conditions apply are exclusively governed by Dutch law.

10.3. Any disputes will be settled exclusively by the court in Amsterdam, provided 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.If you or MDK fail to enforce a right under these Terms, this will not prevent you or MDK from enforcing other rights or from later invoking that right.

2. 2. To the extent that any provision of these Terms is held by any court or competent authority to be invalid, illegal or unenforceable in any jurisdiction, that provision shall not be deemed to form part of these Terms and shall not affect the enforceability of the remainder of these Terms nor shall it affect the validity, legality and enforceability of that 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 their officers, directors and employees, immediately on demand, from and against all claims, liabilities, damages, costs and expenses, including legal fees, arising out of any breach of these Terms by you or any other liabilities arising out of your use of the MDK website.