Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the Trader
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal (for non-fresh products)
Article 7 – Consumer Obligations During the Cooling-Off Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
Article 9 – Trader Obligations Upon Withdrawal
Article 10 – Exclusion of the Right of Withdrawal (for broccoli cress plants)
Article 11 – The Price
Article 12 – Compliance with the Agreement and Additional Guarantee
Article 13 – Delivery and Performance
Article 14 – Continuous Performance Transactions: Duration, Termination and Renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Safety, Use and Consumption (Limitation of Liability)
Article 19 – Additional or Deviating Provisions
Appendix I – Model Withdrawal Form
Article 1 – Definitions
The following definitions apply in these terms and conditions:
- Ancillary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
- Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
- Day: calendar day;
- Continuous performance contract: an agreement that extends to the regular supply of goods, services and/or digital content during a specified period;
- Durable data carrier: any tool — including email — that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation or use for a period suited to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
- Trader: the legal entity or natural person that offers products and/or services to consumers at a distance (in this case, Rebel Farms);
- Distance contract: an agreement concluded between the trader and the consumer under an organised scheme for the distance selling of products, digital content and/or services, whereby, up to and including the moment the agreement is concluded, exclusive or joint use is made of one or more techniques for distance communication;
- Technique for distance communication: a means that can be used to conclude an agreement without the consumer and trader having to be present in the same location at the same time.
Article 2 – Identity of the Trader
- Trader name: Rebel Farms
- Business address: Burg de Monchyplein 68, 2585DD The Hague
- Email address: info@rebelfarms.nl
- Chamber of Commerce (KvK) number: 72155388
- VAT number: NL001616020B73
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the trader’s premises, and that they will be sent free of charge to the consumer as soon as possible upon request.
- If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can easily be stored by the consumer on a durable data carrier.
Article 4 – The Offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. Because these are living broccoli cress plants (natural products), the delivered products may differ slightly in shape, colour and size from the images on the website. Images are therefore indicative only. Obvious mistakes or errors in the offer do not bind the trader.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.
Article 5 – The Agreement
- The agreement is concluded when the consumer accepts the offer and satisfies the conditions set out therein.
- If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
- If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures to that end.
Article 6 – Right of Withdrawal
(Note: This article applies only to any non-fresh/non-living products that Rebel Farms sells via the webshop, such as growing kits or accessories. See Article 10 for the exclusion of living cress plants.)
- The consumer may dissolve an agreement relating to the purchase of a (non-fresh) product during a cooling-off period of 14 days, without giving any reason.
- The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product.
Article 7 – Consumer Obligations During the Cooling-Off Period
- During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product.
- The consumer is liable only for any diminished value of the product that results from handling the product in a way that goes beyond what is permitted under paragraph 1.
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
- If the consumer exercises their right of withdrawal (where applicable), they will notify the trader of this unambiguously within the cooling-off period.
- As soon as possible, but within 14 days from the day following the notification, the consumer will return the product.
- The consumer bears the direct costs of returning the product.
Article 9 – Trader Obligations Upon Withdrawal
- If the trader enables the consumer’s notice of withdrawal, the trader will send an acknowledgement of receipt without delay upon receiving it.
- The trader will refund all payments made by the consumer for the returned product, including any delivery costs, within 14 days following the day on which the consumer notifies the trader of the withdrawal.
Article 10 – Exclusion of the Right of Withdrawal
- Pursuant to the statutory exceptions (Article 7:46d paragraph 4 of the Dutch Civil Code), the right of withdrawal is excluded for products that spoil quickly or have a limited shelf life.
- The living broccoli cress plants supplied by Rebel Farms fall under this exception, as they are fresh products with a very limited biological shelf life. The consumer therefore cannot withdraw from or return the purchase or periodic delivery of living broccoli cress plants after delivery.
Article 11 – The Price
- During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes resulting from changes in VAT rates.
- The prices stated in the offer of products include VAT.
Article 12 – Compliance with the Agreement and Additional Guarantee
- The trader guarantees that the products conform to the agreement and meet reasonable requirements of freshness, soundness and usability at the time of delivery.
- As broccoli cress consists of living plants, their lifespan and quality after delivery depend heavily on the care they receive (such as temperature, light exposure and watering). After the moment of delivery and acceptance by the customer, Rebel Farms cannot provide any guarantees regarding the further lifespan of the plants or their failure due to incorrect storage or care by the customer.
Article 13 – Delivery and Performance
- The trader will exercise the greatest possible care when receiving and executing orders for products.
- The place of delivery is the address that the consumer has provided to the trader.
- The consumer is responsible for ensuring that the product can be received on the agreed delivery day and within the specified time slot. Due to the nature of the fresh product (living plants), Rebel Farms cannot be held liable for loss of quality or death of the plants if a shipment cannot be received or is left outside (for example, with neighbours or in the sun).
Article 14 – Continuous Performance Transactions: Duration, Termination and Renewal
- The consumer may terminate an agreement entered into for an indefinite period that provides for the regular delivery of products (such as a plant subscription) at any time, subject to the agreed termination rules and a notice period of no more than one month.
- An agreement entered into for a fixed period (for example, a fixed package for a specific number of weeks) ends automatically after the final delivery, unless expressly agreed otherwise. If tacit renewal occurs, the agreement is converted into an agreement for an indefinite period, which may be terminated at any time with a notice period of no more than one month.
Article 15 – Payment
- Unless otherwise stipulated in the agreement or additional terms (such as direct online payment when ordering), amounts owed by the consumer must be paid within 14 days of the conclusion of the agreement.
- The consumer has a duty to promptly report inaccuracies in payment details provided or stated to the trader.
- If the consumer fails to meet their payment obligation(s) on time, the trader is entitled to immediately suspend delivery of the (periodic) products until payment has been made in full.
Article 16 – Complaints Procedure
- The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
- Complaints about the quality or condition of the broccoli cress plants must, due to their limited shelf life, be submitted to the trader via info@rebelfarms.nl within 48 hours of delivery, fully and clearly described (preferably accompanied by a photo). If this deadline is exceeded, the defect can no longer be attributed to the trader.
- Complaints submitted to the trader will be answered within a period of 14 days, counted from the date of receipt.
Article 17 – Disputes
- Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
- All disputes relating to agreements between the consumer and Rebel Farms will in the first instance be submitted to the competent court in the district where Rebel Farms is established, unless the law mandatorily prescribes a different court.
Article 18 – Safety, Use and Consumption (Limitation of Liability)
- Consumption and Hygiene: Rebel Farms’ broccoli cress plants are grown as a food product. The consumer is responsible for visually inspecting the plants before consumption and, if necessary, washing them in accordance with general hygiene standards for fresh produce.
- Allergies and Intolerances: Rebel Farms is not liable for any allergic reactions, intolerances or other physical complaints arising from consumption of the supplied broccoli cress.
- Storage and Care: After delivery, the consumer is entirely responsible for the proper storage, temperature control and watering of the living plants. Rebel Farms is not liable for damage or spoilage caused by improper handling, exposure to extreme temperatures, or insects or bacteria from external sources after the product has been transferred.
- Limitation of Liability: Should Rebel Farms nevertheless be held liable for damages, this liability shall at all times be limited to a maximum of the invoice amount of the specific delivery in which the defect occurred. Rebel Farms is never liable for indirect damages or consequential damages.
Article 19 – Additional or Deviating Provisions
Provisions that are additional to, or deviate from, these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Appendix I: Model Withdrawal Form
(Only complete and return this form if you wish to withdraw from the agreement and this is legally applicable. Please note: excluded for the living cress plants themselves.)
To:
Rebel Farms
Burg de Monchyplein 68, 2585DD Den Haag
E-mail: info@rebelfarms.nl
I/We () hereby give notice that I/we () withdraw from our agreement concerning the sale of the following products (*):
Ordered on (*)/Received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only when this form is submitted on paper):
Date:
(*) Delete whichever is not applicable.