General Terms and Conditions Kolibri Company Webshop
Table of contents
- Definitions
- Identity of the entrepreneur
- Applicability
- The offer
- The agreement
- Right of withdrawal
- Obligations of the consumer during the cooling-off period
- Exercise of the right of withdrawal and costs thereof
- Obligations of the entrepreneur in case of withdrawal
- Exclusion of the right of withdrawal
- The price
- Compliance and warranty
- Delivery and execution
- Duration and termination
- Payment
- Complaints procedure
- Disputes
- Industry guarantee
- Additional or deviating provisions
Article 1 – Definitions
- Consumer: The natural person who is not acting in the exercise of a profession or business.
- Entrepreneur: Kolibri Company, the provider of products via the webshop.
- Distance agreement: An agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products, digital content and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.
- Right of withdrawal: The possibility for the consumer to opt out of the distance agreement within the cooling-off period.
- Cooling-off period: The period within which the consumer can make use of their right of withdrawal.
Article 2 – Identity of the entrepreneur
Kolibri Company
Baakwoning 5, 2671LE Naaldwijk
+31 6 57 68 27 06 (8:00 AM to 5:00 PM)
hello@kolibricompany.com
Chamber of Commerce number 60337729
VAT no. NL 8538.64.664.B01
Article 3 – Applicability
These terms and conditions apply to every offer and every distance agreement concluded between Kolibri Company and the consumer.
Article 4 – The offer
Kolibri Company offers living products, such as orchids and green plants. We strive to indicate sizes as accurately as possible, but deviations may occur. The offer contains a complete and accurate description of the products offered. Any errors or mistakes in the offer do not bind Kolibri Company. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.
Article 5 – The agreement
The agreement is concluded at the moment the consumer accepts the offer and meets the stated general terms and conditions. Kolibri Company will immediately confirm receipt of the acceptance electronically.
Article 6 – Right of withdrawal
Living products such as orchids and green plants are excluded from the right of withdrawal and cannot be returned. Non-living products such as decorative pots and accessories are covered by the right of withdrawal. The cooling-off period for these products is 14 days.
The cooling-off period starts on the day after the consumer, or a third party designated by the consumer, has received the package according to the track and trace code. If the shipment consists of multiple deliveries, the cooling-off period starts on the day of receipt of the last package.
The consumer may be asked for the reason for withdrawal, but is not obliged to provide one.
Article 7 – Obligations of the consumer during the cooling-off period
During the cooling-off period, the consumer will handle the product and the packaging with care. The consumer is only liable for any reduction in value of the product resulting from a way of handling the product that goes beyond what is permitted.
Article 8 – Exercise of the right of withdrawal and costs thereof
If the consumer makes use of their right of withdrawal, they must report this to Kolibri Company within the cooling-off period of 14 days. The consumer bears the costs for returning the product. These costs will be deducted from the amount to be refunded.
Article 9 – Obligations of the entrepreneur in case of withdrawal
Kolibri Company will reimburse payments from the consumer, excluding any delivery costs, within 14 days following the day on which the consumer reports the withdrawal. Kolibri Company may wait with the refund until it has received the product or the consumer proves that they have returned the product.
Article 10 – Exclusion of the right of withdrawal
The exclusion of the right of withdrawal applies to:
- Products that spoil quickly or have a limited shelf life (orchids & green plants).
Article 11 – The price
The prices mentioned in the offer of products or services include VAT. During the indicated period of validity, prices will not be increased, except for changes due to legal regulations.
Article 12 – Compliance and warranty
Kolibri Company guarantees that the products comply with the agreement and the specifications stated in the offer. Any additional guarantees never limit the legal rights of the consumer.
Article 13 – Delivery and execution
Kolibri Company will execute accepted orders with due speed, at the latest within 30 days, unless another delivery period has been agreed upon. The risk of damage and/or loss of products rests with Kolibri Company until the moment of delivery to the consumer.
Article 14 – Duration and termination
The consumer can terminate an agreement entered into for an indefinite period at any time with a notice period of at most one month. For fixed-term agreements, the specific conditions as agreed upon apply.
Article 15 – Payment
The consumer must pay the amounts due within 14 days after the start of the cooling-off period. In case of advance payment, the consumer cannot assert any rights regarding the execution of the order or service(s) before the stipulated advance payment has taken place.
Article 16 – Complaints procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to Kolibri Company within a reasonable time, in writing via hello@kolibricompany.com. Submitted complaints will be answered within a period of 5 working days.
Article 17 – Disputes
Agreements between Kolibri Company and the consumer are exclusively governed by Dutch law. Disputes can be submitted to the Webshop Disputes Committee.
Article 18 – Industry guarantee
Stichting Webshop Keurmerk guarantees the fulfillment of the binding advice of the Webshop Disputes Committee by its members.
Article 19 – Additional or deviating provisions
Additional or deviating provisions may not be to the detriment of the consumer and must be recorded in writing.