GENERAL TERMS AND CONDITIONS OF USE
These General Terms and Conditions of Use apply to any use of the website https://Orchids-plaza.com/ as from 1 January 2024. By visiting Orchids-Plaza’s website, you agree with these General Terms and Conditions of Use.
Article 1: Definitions
The following terms have the following meaning in these General Terms and Conditions of Use:
- Advertisement: a paid announcement or promotion of an Item in the form of an offer.
- Advertiser: a Private Seller or a Professional Seller.
- Item: a product offered in an Advertisement on Orchids-Plaza’s Website and placed by an Advertiser.
- Catalogue: the categories in which an Advertisement may be placed on Orchids-Plaza’s Website.
- Consumer: a User acting for purposes that are outside their trade, business, or profession and purchasing from an Advertiser who can be considered a Professional Seller.
- Buyer’s Commission: a fee for the processing of an Item purchased on Orchids-Plaza.
- Advertiser’s Commission: a fee for the processing of an Advertisement above the weekly limit set by Orchids-Plaza.
- User: a visitor to https://Orchids-plaza.com/ and a Buyer who has created an account on Orchids-Plaza’s website.
- Complainant: an Advertiser or User who has a complaint about Orchids-Plaza.
- Living Products: the living plants.
- Materials: all products that an Advertiser offers in an Advertisement on Orchids-Plaza’s Website which are related to plants and which are not living.
- Agreement: an Agreement that has been established on the basis of an Advertiser’s offer and a User’s acceptance of that offer.
- Parties: the Advertiser and the User.
- Private Seller: a seller not acting in the exercise of their profession or business. This seller does not have a business or shop.
- Professional Seller: a seller acting in the exercise of their profession or business.
- Website: Orchids-Plaza’s website (https://Orchids-plaza.com/).
Article 2: General
2.1 Orchids-Plaza is part of ‘Orchids For You’ (Chamber of Commerce number: 64163261) and its principal place of business at Termileslaan 115, 6229 VT Maastricht, the Netherlands. Orchids-Plaza is an online-only shop.
Chamber of Commerce number: 64163261
VAT identification number NL001826257B22
Orchids-Plaza can be contacted on working days between 9:00 AM and 5:00 PM by e-mail at info@orchids-plaza.com
2.2 Orchids-Plaza is an advertising platform on which an Advertiser can place an Advertisement exclusively for Living Products and associated Materials. A n Orchids-Plaza User can search for and view an Advertiser’s Advertisement. Orchids-Plaza is in no way part of, or party to, an Agreement concluded between an Advertiser and a User. A dispute between the Advertiser and the User should be resolved among themselves.
2.3 An Advertiser who qualifies as a Professional Seller may apply its own General Terms and Conditions. An Advertiser who qualifies as a Professional Seller is responsible for providing its Terms and Conditions to the User in a timely manner.
2.4 An Advertiser who qualifies as a Professional Seller is responsible for the correct application of consumer law if the User qualifies as a Consumer.
2.5 Orchids-Plaza does not buy, sell, or exchange Items shown on the Website.
2.6 Orchids For You can place Advertisements on Orchids-Plaza.
2.7 Orchids-Plaza cannot be used by a minor as referred to in Book 1, Article 233 of the Dutch Civil Code. However, a parent or guardian may create an account for the minor and acknowledge and accept these General Terms and Conditions of Use on behalf of that minor. The parent or guardian is then fully responsible for the use of Orchids-Plaza.
Article 3: Applicability of the General Terms and Conditions of Use
3.1 These General Terms and Conditions Use apply to any use of the Website https://Orchids-plaza.com/.
3.2 Orchids-Plaza advises anyone using the Website to read the General Terms and Conditions of Use beforehand. Orchids-Plaza can also amend the General Terms and Conditions of Use from time to time. If Orchids-Plaza intends to amend the General Terms and Conditions of Use, it must announce this within a reasonable period of time before an amendment comes into effect.
Article 4: Account and option to advertise and purchase
4.1 In order to advertise and purchase an Item, an Advertiser or User must first create a digital account on Orchids-Plaza.
4.2 If a digital account has been created, the Advertiser can place an Advertisement via ‘My account’ on the Orchids-Plaza Website and the User can purchase an Item. The Advertiser and the User must be logged in to perform the aforementioned actions.
Article 5: Offer and Catalogue
5.1 If an Advertiser wishes to place an Item on the Website, the Advertisement must meet the following requirements:
a. An Advertisement may be placed only of an Item that falls into a category as set out in these General Terms and Conditions of Use.
b. The Advertiser must be the owner of the advertised Item.
c. An Item offered must not be of low quality, according to socially accepted standards.
d. The Advertiser is entitled to amend or modify the Advertisement at any time.
e. The Advertisement containing the offered Item is non-binding.
5.2 The Advertiser may offer only Items relating to the following Living Products from the Catalogue:
a. Orchids
5.3 The Advertiser may offer only Items relating to the following Materials from the Catalogue:
a. Pots
b. Clips
c. Potting soil
d. Bark
e. Sphagnum
f. Plant feed
g. Plant sticks
h. Plant lables
Article 6: The Advertisement
6.1 If the Advertiser intends to place an Advertisement, at least one (1) photo should be uploaded per Item.
6.2 A maximum of three (3) photos may be uploaded per Advertisement. The photos must be of good quality and reflect the actual quality and appearance of the Item. Defects, faults, and changes should also be illustrated by means of photographs. The use of Photoshop is forbidden.
6.3 The Advertiser may place a maximum of one Item of Live Products per Advertisement. The Advertiser may place several Items of Materials per Advertisement, provided that the Materials are of the same kind.
6.4 The Advertiser may place twenty (20) Advertisements free of charge. Once the Advertiser exceeds the limit of twenty (20) Advertisements set by Orchids-Plaza, the Advertiser must pay a Commission to advertise above the advertising limit. The Advertiser receives a pop-up with various options in advance. Orchids-Plaza must not charge the Advertiser’s Commission until expressly authorized by the Advertiser. The Advertiser’s Commission is …. including VAT per Advertisement.
6.5 Orchids-Plaza makes use of the following methods to accept payment of the Advertiser’s Commission for placing an Advertisement in excess of the weekly limit set by Orchids-Plaza in Article 6.4:
a. PayPal
b. Stripe
6.6 The Advertiser is entitled to withdraw the Advertisement, and therefore the Item, at any time before contacting the User about the Advertisement and Item concerned.
6.7 The Advertiser is entitled change the price of the Item at any time before contacting the User about the Item in the Advertisement.
6.8 The price in the Advertisement must be stated including VAT and excluding the 5% Buyer’s Commission.
6.9 It is forbidden to include the following content in an Advertisement:
a. The title and text of the Advertisement must not be inaccurate, false, dishonest, or misleading. The title and description of the Advertisement should describe the Item as accurately and precisely as possible.
b. The Advertisement may not contain any discriminatory, racist, pornographic, political, offensive, threatening, inflammatory, or provocative text or images.
c. The Advertisement may not contain any parts that are contrary to the law or public decency.
d. The Advertisement may not contain any language other than Dutch or English.
e. The Advertisement may not contain a bidding option.
Article 7: The agreement
7.1 If the User agrees with what the Advertiser offers in the Advertisement, the Advertiser and User enter into an Agreement. As long as the User does not accept the Advertiser’s offer, no Agreement is entered into between the User and the Advertiser and the User may refuse the offer.
7.2 If the Advertiser has good reason not to enter into an Agreement with the User, the Advertiser may withdraw the offer.
7.3 The Advertiser and the User communicate using the instant messenger function on the Website.
7.4 Orchids-Plaza is in no way part of the Agreement between the Advertiser and the User.
Article 8: Payment
8.1 The Advertiser is responsible for giving correct instructions regarding payment for the Item to the Advertiser. The Advertiser is not permitted to oblige the User to use certain payment methods in an Advertisement.
8.2 The User is responsible for making timely payment for the Item to the Advertiser.
Article 9: Shipping
9.1 The Advertiser is responsible for the careful shipment of the Item. The Advertiser is deemed to be knowledgeable about the shipping of plants and should take temperatures into account.
9.2 The User is responsible for providing the Advertiser with the correct address and contact details. The address is deemed to be the place of delivery.
9.3 The Advertiser ensures that the Item is shipped to the User promptly, in any case within seven (7) days, unless another term is agreed between the Advertiser and the User.
9.4 If the Advertiser’s shipment is delayed or if the purchased Item cannot be shipped in whole or only in part, the Advertiser must notify the User as soon as possible, in any case within seven (7) days.
9.5 If, after being shipped, an Item does not arrive at the User’s address in the condition stated in the Advertisement, the User should notify the Advertiser immediately and in any case within 48 hours. The notification must also include evidence such as a photograph showing that the condition of the Item is attributable to the Advertiser. Condition also means the manner of shipment or damage during shipment.
9.6 If the condition of the Item is attributable to the Advertiser, the User is entitled to a new Item or a refund.
Article 10: Orchids-Plaza’s liability
10.1 Orchids-Plaza cannot guarantee that the Advertisement and the Item offered in it meet the User’s expectations.
10.2 The User indemnifies Orchids-Plaza against any claims regarding loss as a result of:
a. Using the Orchids-Plaza Website.
b. Entering into an Agreement on the basis of an Advertiser’s Advertisement.
c. Payment between Advertiser and User.
d. Shipping of an Item purchased on Orchids-Plaza.
e. Using an Item purchased on Orchids-Plaza.
f. Incorrect information provided by the Advertiser to the User and vice versa.
Article 11: Protection of personal data
11.1 Orchids-Plaza meets all its obligations under the General Data Protection Regulation (the ‘GDPR’) and applies the requirements for processing personal data as set out in law.
11.2 Information about the processing of personal data is stated in the Privacy Notice on Orchids-Plaza’s Website.
11.3 Taking into account the nature, scope, context, and purpose of the processing and the probability and seriousness of various risks to the rights and freedoms of data subjects, Orchids-Plaza takes appropriate technical and organizational measures to be able to demonstrate that the processing is carried out in accordance with the GDPR.
Article 12: Complaints and disputes
12.1 If the Advertiser or the User have a complaint about each other, they must – in principle – attempt to resolve the complaint or dispute among themselves using the instant messenger function.
12.2 If the Advertiser or the User cannot reach an agreement together, they can contact Orchids-Plaza by sending an e-mail.
12.3 Orchids-Plaza strives to contact the Advertiser or User, as the case may be, within fourteen (14) days of receiving a notification regarding the dispute between the Advertiser and User.
12.4 Orchids-Plaza takes on a purely mediating role in a dispute between the Advertiser and the User.
12.5 A complaint directed at Orchids-Plaza must be made known to Orchids-Plaza by e-mail. Orchids-Plaza strives to contact the Complainant within fourteen (14) days of receiving the complaint directed at Orchids-Plaza.
12.6 If a complaint is so complex that it requires a longer processing time, Orchids-Plaza informs the Complainant within fourteen (14) days.
12.7 Orchids-Plaza attempts to resolve the User’s complaint or Advertiser’s complaint amicably.
12.8 If Orchids-Plaza and User do not arrive at a solution for the complaint or dispute, the User can make use of alternative dispute resolution methods such as consumer mediation. However, Orchids-Plaza is not obliged to participate and use these methods to resolve disputes with a User.
Article 13: Applicable law
13.1 Unless expressly agreed otherwise, all agreements to which these General Terms Conditions of Use apply are governed by Dutch law.