Sales Conditions ALGERA
1 January 2014 up to now
These general conditions apply to all web shop-offers of ALGERA bvba. The conditions are accessible to everyone and included on the website. They are also downloadable in pdf format via the website.
By placing an order you agree to the general terms and conditions. ALGERA reserves the right to the terms and / or conditions after the expiry date of the change. Unless otherwise agreed, the general terms or conditions of third parties will not be recognized. ALGERA guarantees that the product meets the agreement and specifications listed in the offer.
Delivery of orders placed through the web Shop
Delivery will take place as long as supplies last. Orders will be delivered as requested by the client. If this is not possible (because the order is out of stock or no longer available), or there is other reason for delay, or an order cannot or only partially be supplied, consumers will receive notice within 10 days after placing the order. In that case the customer has the right to cancel without penalty.
The obligation of supply will be fulfilled by ALGERA after the delivery has been offered to the customer once. For home delivery, the report of the carrier, which includes the refusal of acceptance, is proof of delivery.
All terms mentioned on the website are indicative. At the time limits may therefore not be legally binding.
Prices will not be increased during the offer, unless required by legal arrangements. All prices on this site are subject to misprints. We are not liable to any misprints. All prices are in euros and include VAT. Costs of transport are not included.
Right of withdrawal purchase online web Shop
One of the key provisions in the new law is the right of withdrawal for consumers. Because consumers have no prior opportunity to see or test the merchandise, the consumer is given a time span of 14 calendar days to return the purchase. Or in the case of a service, may terminate the agreement.
The supplier is not permitted to charge more than the return cost of the merchandise.
The period of 14 days starts from the moment the goods are delivered, or in the case of a service, at the conclusion of the agreement.
For certain goods and services the right of withdrawal does not apply:
* Services of which the execution, in agreement with the consumer has begun for a period of seven days;
* Goods or services whose price depends on fluctuations in the financial market, which the supplier's cannot control;
* Goods which are ordered specifically by the consumer. For example, custom-made, or have a clearly personal character;
* For goods or services that, by nature cannot be returned, or quickly decay or become obsolete (like plants);
* Audio and video recordings and computer software of which the consumer has broken the seal;
* A supply of newspapers and magazines, gaming and lottery services.
As ALGERA supplies living plants, they are seen as perishables and can therefore not be returned by sending automatically.
The plants can be returned personally.
If during the transport to the customer plants arrive damaged through bad packaging or bad transport, then the plants in the original package may be refused to the carrier and they are then automatically returned. Each shipment is insured for a maximum of € 500. The sum insured shall never transcend the amount of the invoice of the plants.
If you place an order with ALGERA, your data will be included in the customer database of ALGERA abides by the Data Protection Act and will not provide your information to third parties.
ALGERA respects the privacy of the users of the website and ensures confidentiality of your personal information.
ALGERA sometimes makes use of a mailing list. Each mailing includes instructions for removing yourself from this list.
ALGERA guarantees that the delivered products meet the requirements of usability and reliability. The warranty-time does not apply to the web shop of ALGERA because there is no supervision of how the customer ultimately deals with the plants. ALGERA is never responsible for the final suitability of the goods for each individual application by the customer, nor for any advice regarding the use.
The customer is required to check the delivery immediately upon arrival. Should the goods be delivered wrong, inadequate or incomplete, and then the customer (before proceeding to return to ALGERA) these defects must immediately be put in writing to ALGERA. If the customer uses the merchandise after detection of failure or damage, the right to claim and return is canceled.
If the customer’s complaints are found justified by ALGERA, the goods will be supplied or replaced at no cost to the customer together with a written agreement on the compensation measures, with the understanding that the liability and the amount of damages to be limited to no more than the invoice amount of the relevant goods. Any liability of ALGERA for any other form of damage is excluded, including additional compensation in any form, compensation for indirect or consequential damages or damages for lost profits.
ALGERA is not liable for damages caused intentionally or equivalent recklessness of non-management staff and / or transporters.
Any agreement between a customer and ALGERA comes about after an order is assessed by ALGERA on feasibility. ALGERA reserves the right, without giving any reason not to accept orders or contracts or only to accept the condition that the payment takes place in advance.
Images and specifications
All of the images and colors on the website of ALGERA cannot give rise to complaints or termination of the contract as colors may be different.
ALGERA is not liable if and when commitment cannot be fulfilled due to force majeure.
Force majeure comprehends any strange reason, and any circumstance, of which ALGERA cannot be held responsible. Delay or failure by our suppliers, disruptions in the Internet, disruptions in the electricity failures in e-mail traffic and disturbances or changes in any third party technology, transport problems, strikes, government measures, supply delay, negligence by suppliers and / ALGERA or manufacturers as well as from individuals, employee sickness, defects in appliance or shipment tools count explicitly as force majeure. ALGERA reserves in case of force majeure, the right to suspend its obligations and is entitled to the contract in whole or in part, or to demand that the content of the agreement is amended so as execution remains possible. By no means is ALGERA obliged to pay any penalty or damages.
ALGERA is not liable for failure or poor regrowth from improper use of the plants.
Applicable law / jurisdiction
All agreements are governed by Belgian law. Disputes arising from an agreement between the buyer and ALGERA, which cannot be resolved in an agreement, will be resolved in court in the district of Leuven, unless ALGERA agrees to take the dispute to the court of the residence of the buyer, and with the exception of those disputes that fall under the jurisdiction of a magistrate.