These sales terms and conditions apply to every offer and any agreement between Grown and a consumer, on which Grown has declared these conditions applicable.
Article 1 – Definitions
In these conditions the following definitions will apply:
- Entrepreneur: the natural and legal corporation who offers products and/ or services to consumers: hereinafter referred to as ‘Grown’;
- Consumer: the natural person not acting in the name of profession or business and who accepts a distance contract with Grown;
- Distance contract: an agreement for the sales of products an/or services by Grown, whereby one or more technologies for distance communications are being used.
- Technology for distance communication: a way to conclude a contract, without the consumer and Grown being together in the same room at the same time;
Right of withdrawal: the ability for consumers and/or Grown to break the contract within the reflection period of the contract;
- Day: calendar day
Article 2 – The Entrepreneur’s identity
- Trading under the names: Grown (by B-Leaves)
- Web Pages: www.grown.eu, www.grown.nl, www.grown-usa.com
- Business Address: IJsselmeerlaan 2, 1382 JT Weesp, The Netherlands
- Phone: +31 6 25 09 09 87
- Accessibility: Monday/Friday from 09:00 to 17:00
- Email: email@example.com
- Commercial Register: 73667366
- VAT identification number: 8596.21.443.B.01
Article 3 – Applicability
- These general conditions apply to every offer of Grown and to any agreement arranged at distance between Grown and consumers.
Article 4 – The product offer
- If a product offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. Grown is entitled to change the offer and to adapt it.
- The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Grown uses images, these will be a veracious reflection of the products and/or services. Any mistakes or errors in the offer will not bind Grown.
- All images and data specifications in the offer are indicative and may not lead to compensations or rescission of the contract.
- Images on products are a true representation of the products offered. Grown cannot guarantee that the displayed colours correspond exactly to the real colour of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- whether or not the warranty and right of withdrawal applies;
- the method of payment, delivery or performance of the contract;
- the deadline for Grown to guarantee the price;
- the price for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the regular fare;
- any other languages, besides English, in which the contract may be entered;
- the available sizes and colour of the products.
Article 5 – The contract
- The agreement starts at the moment of acceptance the offer by the consumer and when the consumer meets the corresponding conditions.
- If the agreement is created electronically, Grown takes appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, Grown will take appropriate security measures.
- Grown will provide the following information to the consumer, in writing or in such a way that it can be stored in an accessible manner on a durable medium to send by the consumer:
- the visiting address of Grown, where consumers can drop by with complaints;
- the conditions and how the consumers can use the right to withdrawal, or a clear statement regarding the exclusion of the right to withdrawal;
- information on existing after sales service and guarantees;
Article 6 – Right of withdrawal upon delivered products
- When purchasing products, the consumer can terminate the agreement without giving reasons, during fourteen days. This period commences on the day of receiving the product by or on behalf of the consumer. If the consumer, after this period, has not returned the delivered goods to Grown, the purchase is a fact.
- The consumer is obliged, before proceeding to return the goods, accordingly within the period of fourteen days after delivery, to write a notice to Grown. The consumer must prove that the goods are returned on time, for example through a proof of postal delivery. Return of Goods must be in original packaging (including accessories and documentation) and in new condition. If the goods are used by consumers, encumbered or damaged in any way, the right of withdrawal terminates. With regard to what is stipulated in the preceding sentence, Grown shall ensure that, within 14 days after reception of the return, the full purchase price (only if the entire order is returned) will be refunded to the consumer. The return of the delivered goods is entirely at the risk and expense of the consumer.
Article 7 – The price
- During the mentioned period, the offered prices of the products will not be increased, except for price changes resulting from changes in tax rates.
- All prices on the site are subject to misprints. For the consequences of misprints no liability is accepted.
- All prices on the site are in euros and include 21% VAT or 6% VAT.
- Verbal promises are binding Grown only after agreed and confirmed in writing.
- Grown offers do not apply automatically to repeated orders.
Article 8 – Conformity
- Grown guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
- Any defects or incorrectly delivered products must be reported in writing, within 14 days after delivery. Return of the product must be in its original packaging and in new condition.
- The warranty provided by Grown corresponds to the manufacturer’s warranty period. Grown can, however, never be held responsible by the consumer for the usage of the products for each individual application, nor for any advice as to the use or application of the products.
- The guarantee does not apply if:
- The consumer has repaired the product himself and / or by third parties;
- The product is exposed to abnormal conditions or otherwise careless handling or used contrary to the instructions of Grown and / or as described on the packaging.
- The defect, in whole or in part, is the result of governmental regulations that have been made or will be made, regarding the nature or quality of the materials used.
Article 9 – Delivery and implementation
- Grown will carefully handle the receiving and the fulfilling of orders and products. The place of delivery is the address that was provided by the consumer to Grown.
- Payments will be accepted by Grown expeditiously, but not later than 10 days unless otherwise specified in the product description on the website. If delivery is delayed or if an order cannot, or only partially, be executed, the consumer receives a notice within 10 days after placing the order. The consumer in this case has the right to terminate the agreement without penalty.
- In case of dissolution, Grown will pay the amount that consumers paid, as soon as possible, but no later than 14 days after repudiation.
- If delivery of an ordered product appears to be impossible, Grown will endeavour to provide a replacement item available.
- Until the time of delivery to the consumer, the risk of damage and/or loss of products lie within Grown, unless expressly agreed otherwise.
Article 10 – Warranty
- Grown guarantees that the delivered products are free of design-, material- and workmanship-defects, for a period of 12 months after delivery. (Grow Cup, Cress-Pad and Cress-Pod not included, because these products are made of natural materials that will perish over time)
- If the product shows a design-, material- or manufacturing-defect, the buyer is entitled to restoration of the case. Grown may choose to replace the product if repair encounters objections. The consumer is only entitled to replacement if repair of the product is not possible. The replaced product becomes property of Grown.
- The consumer is obliged to immediately inspect the goods after receipt. Is the delivered item wrong, inadequate or incomplete, the customer should (before proceeding to return to Grown) report these defects immediately in writing to Grown. Any defects or faulty goods should, and can, be reported in writing to Grown, up to 14 days after delivery. Return of goods must be in original packaging (including accessories and documentation) and in new condition. Usage after detection of defects, encumbrance and / or resale after detection of defects, does expire the right to claim and return.
- If consumer complaints are found justified by Grown, Grown, by choice, will offer free replacement or refund the purchase price within 30 days.
- The warranty obligation of Grown expires in any case under one or more of the following circumstances:
- If defects caused to the delivered products are of normal wear and tear, improper handling or improper or inadequate maintenance or use contrary to the instructions provided with instruction manual requirements;
- When a defect in the delivered product is the result of repair or modification of the product carried out or altered by anyone other than Grown unless Grown has given the agreement in writing.
Article 11 – Liability
- For defects in delivered goods, the guarantee only applies as defined in Article 10 (Guarantee) of these conditions.
- The liability of Grown, insofar as it is covered by its liability insurance, is limited to the amount paid out by the insurer.
- If the liability insurer of Grown, in any case not willing to pay or if the damage is not covered by insurance, the liability of Grown is limited to € 1.000, -.
- Grown is not liable for consequential damage, such as damage like lost profits and other indirect damages.
- Grown is not liable for health damage, such as damage like food poisoning and other indirect damages.
- Grown is not liable for damages of any kind, when products have been exposed to abnormal conditions or otherwise careless handling or are used contrary to the instructions of Grown and / or as described on the packaging.
Article 12 – Force Majeure
- Force majeure means: circumstances that impede the fulfilment of the obligation of Grown and which are not caused by Grown.
- This (if and insofar these circumstances make it impossible or unreasonably difficult for Grown to fulfil the obligation) also includes: strikes; a general lack of necessary raw materials and other required products for the realization of the agreed performance; unforeseeable delays at suppliers or other third parties that Grown depends; the fact that Grown not timely or not properly receives a performance, that is important in connection with the performance to be delivered herself; government measures that prevent Grown to fulfil its obligations on time and / or properly; excessive sickness; terrorist attacks; problems during sea transport, reduction or termination of supplies by public utilities; fire; blockage by frost or other weather influences and general transport problems.
- During force majeure the delivery and other obligations of Grown will be suspended. If the period of force majeure will take up longer than three months, both parties are entitled to terminate the agreement without any obligation to pay compensation.
Article 13 – Complaints
- The consumer must check the products purchased upon delivery. This means the consumer needs to check if the products fulfil the agreement, i.e.: whether the correct products have been delivered; whether the delivered products in terms of numbers correspond to the agreement; whether the delivered products meet the agreed quality requirements or – if none were agreed – the requirements that may be demand for a normal use.
- Visible defects or shortcomings need to be reported in writing to Grown, by the consumer, within 14 days after delivery.
- Non-visible defects need to be reported in writing to Grown, by the consumer, within 14 days after they have been discovered or reasonably ought to have been discovered, yet no later than 12 months after delivery. If Grown decides the complaints are well founded, they will indemnify the buyer in cash or – at the option of Grown – repair or proceed to replacement. Replaced products become the property of Grown.
- Complaints by consumer will be answered within 14 days from the date of receipt. If a complaint is asking for a foreseeable longer processing time, Grown will respond within the period of 14 days, with a notice of receipt and an indication when the consumer can expect a more detailed answer.
Article 14 – Applicable law / jurisdiction
- Contracts of these general terms between Grown and the consumer refer only to Dutch law, even if the consumer is resident abroad.