Terms and conditions

Article 1 General terms and conditions 

These are the User Terms and Conditions that apply to all use of the Platform of Planthunters VOF the general partnership, Planthunters VOF, with registered offices at Naaldwijkseweg 219 2691PT 's-Gravenzande (hereinafter referred to as: "Planthunters"). These general terms and conditions also apply to all related (legal) acts, including transactions or agreements concluded through Planthunters, to the extent that these general terms and conditions do not state otherwise.  

 

Article 2 Planthunters 

Planthunters is a digital platform that brings together supply and demand for special, unique and new plants, flowers and concepts. Growers make their supply available to retailers via the platform. Retailers create an order by accepting the offer. Planthunters sends the order through the Floriapp to the exporter selected by the retailer and the grower who offered the plants. This creates two agreements, one between the retailer and exporter and one between the grower and exporter.  

 

Article 3 Retailers  

Account: The holder of a retailer account on the Platform of Planthunters VOF has the user role as a buyer, who can accept an offer on the platform. In order to act as a user, you must have a registration with the Chamber of Commerce and a VAT number from the country of establishment. Creating an account implies acceptance of the terms and conditions. 

Offer: The offer is a committed offer, which means that if an order is created on the platform, the retailer is obliged to accept the offer.  

Purchase Price: The purchase price includes: product price, transaction costs and exporter margin and excludes shipping costs, any statutory taxes or levies and VAT.  

Agreement: The retailer is obliged to pay the purchase price (including shipping costs and transaction costs) to the exporter. Planthunters is never a party to any agreement concluded through the platform. The retailer must meet the obligations arising from the agreement.  

Financial settlement: The financial settlement between the exporter and the retailer is arranged between them.  

 

Article 4 Exporters 

Account: The holder of an exporter account on the Platform of Planthunters VOF has the user role as an exporter, who facilitates the formation of the agreement between the grower and retailer. The user must be registered with the Chamber of Commerce and have a valid VAT number in the country of establishment. Creating an account implies acceptance of the terms and conditions. 

Remuneration Planthunters: The remuneration is a percentage of the sales price excluding VAT that is indicated when the retailer accepts the offer. The percentage is agreed upon in a separate agreement between Planthunters and the grower. Planthunters reserves the right to discuss and/or adjust the fees on a monthly basis in consultation with the grower. This fee is irrevocably due as soon as the relevant purchase agreement is established.   

Agreement: The exporter is obliged to pay the purchase price and transaction costs to the seller. Planthunters is never a party to any agreement made through the platform. The exporter must meet the obligations arising from the agreement. 

Logistics: The exporter organizes the transport to the retailer. The exporter shall take care of the delivery of the products included in the agreement at the location and time of delivery specified in the agreement (between grower and exporter), unless a different delivery time has been agreed upon between the retailer and exporter. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the retailer will be notified by the exporter. The retailer might in that case be entitled to compensation. The risk of damage and/or loss of products shall be borne by the exporter until the moment of delivery to the retailer or a representative designated in advance and made known to the exporter, unless expressly agreed otherwise.   

Financial settlement: The financial settlement between the exporter and the retailer is arranged between them. The financial settlement between the grower and exporter is done via Ai2 or Royal FloraHolland 

 

Article 5 Growers  

Account: The holder of a grower's account on the Platform of Planthunters VOF has the user role as a seller, offering a product on the platform. User must have a registration with the Chamber of Commerce and a valid VAT number in the country of establishment. Creating an account implies acceptance of the General Terms and Conditions. 

The user must be registered with the Chamber of Commerce and have a valid VAT number in the country of establishment. Creating an account implies acceptance of the terms and conditions. 

Offer: Planthunters has the sole right to determine what types of products may be offered on the platform and is entitled to exclude certain types of products from trading over the platform. The offer is a committed offer, which means that if an order is created on the platform, the grower is obliged to deliver the offer to the exporter.  

Sales Price: The sales price is the product price excluding transaction costs, exporter margin, shipping costs, any statutory taxes or levies and VAT. 

Remuneration of Planthunters: The remuneration is a percentage of the sales price excluding VAT that is indicated when the retailer accepts the offer. The percentage is agreed upon in separate agreements between Planthunters and the grower. Planthunters reserves the right to discuss and/or adjust the fees on a monthly basis in consultation with the grower. This fee is irrevocably due as soon as the relevant purchase agreement is established.   

Agreement: The grower is obliged to deliver the products from the order to the exporter. Planthunters is never a party to any agreement concluded through the platform. The grower must fulfill the obligations arising from the agreement. 

Logistics: The grower organizes the transport of the order to the selected exporter. The grower shall take care of the delivery of the products included in the agreement at the location and time of delivery specified in the agreement (between grower and exporter), unless a different delivery time has been agreed upon between the grower and the exporter. If delivery is delayed, or if an order cannot be carried out, or can only be carried out in part, the exporter will be notified by the grower. The retailer might in that case be entitled to compensation. The risk of damage and/or loss of products shall be borne by the grower until the moment of delivery to the exporter or a representative designated in advance and made known to the grower, unless expressly agreed otherwise. 

Financial settlement: The financial settlement between the exporter and the grower is arranged between them. The financial settlement between the grower and exporter is done via Ai2 or Royal FloraHolland. The financial settlement between the grower and exporter is done via Ai2 or Royal FloraHolland. 

 

Article 6 Access and use 

A user must enter all of his/her (personal) data completely and truthfully and must ensure that changes in this (personal) data are immediately communicated to Planthunters. 

Planthunters reserves the right to refuse registration and use of Planthunters and to unilaterally terminate use. 

A User is required to follow the instructions and directions given by Planthunters with regard to the use of Planthunters. 

 

Article 7 Auction 

Planthunters reserves the right to cancel an auction, to end it earlier than stated on the website, or to extend it. In the event of a technical malfunction of the website, making the auction not fully and/or not accessible to all users, Planthunters has the right to extend the auction by 24 hours.   

By registering, the user declares to be familiar with and to agree with the special circumstances of an internet auction and with the technical imperfections that could occur. Planthunters hereby excludes any liability for any damages whatsoever, direct or indirect, including but not limited to damages arising from the use of the website, unless there is intent or willful recklessness by Planthunters.  

More specifically, Planthunters accepts no liability whatsoever for any damage that is in any way caused by and/or results from:

  • actions performed by the user that would have been inspired by information placed on the website; 
  • the impossibility to use the website (completely) and/or any other malfunction of the website or the underlying system; 
  • the lots not meeting the specifications as stated on the website; the fact that the information on the website is incorrect, incomplete or not up to date; 
  • errors in the software of the website and/or the underlying system; the unauthorized use of systems, including the Planthunters website, by a third party; 
  • actions by the seller after the user has concluded a purchase agreement with them.  

  

Planthunters has the authority before or during the auction, without giving reasons:   

  • not to recognize a bid as such; 
  • to exclude one or more users from the auction; 
  • to take lots out of the auction;  
  • to correct errors made by Planthunters in bidding and/or allocating lots, without a user being able to make use of these errors and/or derive any rights from them; 
  • to take other measures that are necessary in its opinion. 

  The judgment of Planthunters about what has taken place during the auction is binding.  

  

Article 8 Intellectual Property Rights and Privacy 

  1. The user of the platform cannot derive any rights from the product photos shown on the platform and system Planthunters, which are connected to the (supply) information placed by a grower. 
  2. The grower guarantees that royalties have been paid on all ornamental plant products supplied, insofar as applicable, or that these ornamental plant products can be freely traded by the retailer without infringing any intellectual property rights, such as plant breeders' rights, of third parties.  
  3. The grower guarantees that: 
  • the (product) information, product photos, trade names, (company) logos and/or word/figurative marks supplied do not infringe the rights of Planthunters, other users and/or third parties, including but not limited to intellectual property rights (e.g. trademark rights and copyrights) 
  • the (product) information given and/or delivered is correct and truthful. 
  1. The user of the platform hereby grants Planthunters, as far as necessary, permission or a non-exclusive, transferable license to use, reproduce and disclose the product photos, trade names, (company) logos and/or word/figurative marks and (product) information obtained by or on behalf of the grower, without restriction, worldwide and forever, in all media, now known or yet to be developed in the future. The grower guarantees and warrants to Planthunters that he/she is authorized to grant this license (possibly already now and in the future). 
  2. User fully indemnifies Planthunters against any damage and/or costs of any nature whatsoever arising from non-compliance with one or more obligations as described in this article. 

 

Article 9 Amendment of General Terms and Conditions 

Planthunters reserves the right, without making substantial changes, to change the General Terms and Conditions for users without notification. The most recent GTC will always be available and can be consulted through the Planthunters website. Changes will be announced by direct electronic message to all users of the platform and will be effective after they have been announced. If an agreement was entered into for a definite period of time or a longer period of notice than 4 (four) weeks was agreed upon, the possibility of early termination only applies if the user cannot reasonably be expected to continue using Planthunters under the changed conditions. 

 

Article 10 Disputes 

  1. Planthunters is not liable for any damage (including any consequential damage) including but not limited to damage as a result of: 
  • failures in the data/telecommunications infrastructure (including software); 
  • the use of and/or participation in Planthunters; 
  • any service offered by Planthunters in this context; 
  • (incorrect, outdated and/or incomplete) information listed on the Planthunters website, including offer, product and transaction information; 
  • situations of force majeure, including but not limited to: 

- Internet failures, the non-functioning/not properly functioning of hardware, software and communication systems, including computer failures, power outages, etc., and; 

- unlawful behavior of users, the distribution of (computer) viruses through Planthunters or other unlawful programs or files, the hacking of Planthunters; 

  • the incorrect or incomplete or delayed provision of data; 
  • the failure to conclude a transaction between users for any reason whatsoever and/or for any damage resulting from the conclusion of a transaction between users; 
  • defects or errors in any transaction or payment module(s). Planthunters is in no way liable for any damage resulting from or related to the execution of transaction(s) or agreement(s) between Users or for any non-performance by an exporter towards a retailer in this regard and vice versa; 
  • a user accepts full liability towards Planthunters for damage arising from and/or related to the execution of the relevant transaction(s) and agreement(s) entered into by the User as well as for (the behavior of) their employees or persons engaged by each of them that cause damage to Planthunters directly or indirectly related to their work. User indemnifies Planthunters for any claims or demands made by third parties in this respect as well as for claims made by other Users and/or third parties with respect to non-payment and/or deficiencies in the financial settlement as a result of an act or omission by the User on any account whatsoever concerning transactions and agreements concluded by the user with other users. 
  1. Planthunters is never liable for indirect damage or loss of profit. 
  2. The user bears the risk of misuse or unauthorized use of his/her user name and that of his/her employees.  
  3. The user indemnifies Planthunters against claims from third parties that are related to actions of the user and his/her employees when using Planthunters. 
  4. The information that Planthunters offers to the user is entirely without obligation. The User cannot derive any rights from it with respect to Planthunters. 

 

Article 11 Applicable law and competent court 

  1. The terms of use and the account are exclusively governed by Dutch law and any disputes will be submitted to the competent Dutch court in The Hague.  
  2. The applicability of the user's own (general) terms and conditions or those of any third party is expressly excluded, unless these General Terms and Conditions expressly provide otherwise. If any additional/other conditions for or from a specific transaction, payment module or any of the sales channels affiliated with Planthunters conflict with a provision in these General Terms and Conditions, the General Terms and Conditions will prevail. 
  3. If any provision of these General Terms and Conditions is void or unenforceable, Planthunters has the right to replace that provision with a provision that matches the purpose and intent of the original provision as closely as possible. 
  4. By checking the "I agree to the terms and conditions" button on the Planthunters website, the user declares to agree with the applicability of the Planthunters General Terms and Conditions, the electronic provision thereof, as well as that this provision has taken place, and to agree to the registration and processing of log-in data in order to check for improper use and to improve the service. 

 

Article 12 Questions, complaints  

For complaints and questions, the user can contact Planthunters via hello@planthunters.nl.  

Persons can report via hello@planthunters.nl that they no longer want to receive unsolicited electronic communications from Planthunters, which means messages other than those related to the service(s) for which they are registered.