Terms of service

B2Bioplants is a registered trademark of Green Up The City. The general terms and conditions of Green Up The City apply as well as additional general terms and conditions of B2Bioplants.

General terms and conditions B2Bioplants

1) Applicability

1.1 Our general terms and conditions of sale apply to all our offers and deliveries.

1.2 These terms and conditions are exclusively governed by Dutch law.

1.3 By placing an order at our Online wholesaler, you accept our terms and conditions.

1.4 Almost all articles of B2Bioplants are protected by copyright. Full or partial copying of digital images is not permitted, except with prior written permission from Green Up The City.

1.5 Our customer service can be reached by e-mail: hello@b2bioplants.com

2) Agreement

2.1 Before the agreement is concluded via wholesale channels of B2Bioplants, the text of these general terms and conditions will be made available to the Buyer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge to the Buyer as soon as possible at the request of the Buyer.

2.2 If the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the Buyer electronically in such a way that the Buyer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the Buyer electronically or otherwise at the request of the Buyer.

3) Prices of articles / shipping costs

3.1 The stated prices apply per piece in Euro.

3.2 The stated prices apply including VAT.

3.3 The shipping costs are not included in the price.

3.4 The VAT percentages differ per product group and country of delivery: for example plants 9% in the Netherlands, plants 6% in Belgium, other products 21% in the Netherlands (Legal VAT changes reserved)

3.5 B2Bioplants reserves the right to change prices on the site www.b2bioplants.com at any time. Placed orders are always delivered at the price according to the confirmation.

3.6 The shipping costs are always for the Buyer with the then applicable rates of the relevant carrier.

4) Delivery countries

4.1 Delivery takes place to the Netherlands and Belgium.

4.2 Depending on the conditions and delivery times of the carriers, delivery is in principle possible on working days, from Monday to Friday.

4.3 A higher rate applies for delivery to the Wadden Islands, Zeeuws Vlaanderen and Belgium.

4.4 Depending on the products ordered, orders are shipped within 1 to 21 days. On every product page of the webshop www.b2bioplants.com a shipping time is stated under the heading 'specifications'. This is an estimate from which no rights can be derived.

5) Delivery

5.1 Delivery normally takes place on the delivery day between 09:00 and 18:00.

5.2 Delivery of fresh plants often takes place on the desired delivery day. However, it may happen that due to unforeseen circumstances at the relevant transport company, such as traffic congestion, the plants are offered later. This is generally not a problem for the plants because we carefully pack the plants. If you do experience problems with the delivery, please let us know immediately after delivery or at the latest 1 day after delivery by email: hello@b2bioplants.com

5.3 Delivery on national holidays and the day after is not possible.

5.4 Other items will be shipped within 1 to 12 days

5.5 The buyer is always responsible for providing the correct address of the recipient. In the event of incorrect address details, missing recipient, incorrect name on the door, PO box or rejection by the recipient, which means that the shipment cannot be delivered, the purchase price including shipping costs will be borne by the buyer. Costs that arise due to quality losses as a result of delays in delivery due to possible delivery to the neighbors or a manager will also be borne by the buyer.

5.6 Orders will be offered a maximum of 2 times. If the order cannot be delivered, the purchase price including shipping costs will be borne by the buyer. Costs that arise due to quality losses as a result of delays in delivery due to possible delivery to the neighbors or a manager will also be borne by the buyer.

5.7 Our products are carefully packaged. If you are not satisfied with the quality of your order, or receive damaged products within the stated delivery time, please contact us as soon as possible via hello@b2bioplants.com.

5.8 During special offers and holidays, different delivery dates may apply. This will always be clearly communicated in the order confirmation.

6) Payment

6.1 Deliveries are only made after payment by credit card or online bank transfer (Ideal/Bancontact) via our online wholesale webshop b2bioplants.com.

6.2 Deliveries to companies on invoice are also possible. Please contact Green Up The City for this: hello@b2bioplants.com.

6.3 You will automatically receive a confirmation by email after payment. This confirmation is also the invoice. The VAT is also stated on it.

7) Advertising

7.1 We do our utmost to deliver the best quality on time. If the delivery does not meet your expectations, please contact us within 2 working days, preferably by email: hello@b2bioplants.com

7.2 Plants are fresh products and therefore it is possible that the plant deviates from the image shown. No rights can be derived from this difference.

8) Promotions / discounts

8.1 All promotions and / or discounts are only valid per promotion. No combination discounts are possible.

9) Packaging

9.1 The cardboard pot in which houseplants are delivered is waterproof for a few days to weeks, depending on the water requirements of the plant. If the pot appears not to be completely waterproof, no rights can be derived from this. We strongly recommend that you regularly check the pot for any leaks.

10) Minors

10.1 B2Bioplants only enters into an agreement with persons who are of legal age or with persons who have the express permission of an adult.

11) Intellectual property

11.1 All photos, illustrations, texts, graphic material, (trade) names and logos shown or placed are the property of or licensed to Green Up The City and are protected by copyright, trademark law and/or any other intellectual property right. It is not permitted to reproduce, distribute, forward or make available to third parties (for a fee) the aforementioned without the express written permission of Green Up The City.

12) Cancellation

12.1 The customer can cancel his order, with the exception of plants, no later than 48 hours before the desired delivery date via hello@b2bioplants.com without giving a reason.

13) Returns

We want you to be completely satisfied with every purchase from B2Bioplants. We do everything we can to offer you excellent quality, a good price-quality ratio and excellent service. If you wish to return an item because it is damaged, please send an email to hello@b2bioplants.com immediately upon receipt of the damaged goods with clear photos of the package, the damaged products and a description of the damage. We will then assess the damage and upon approval, you will return the damaged goods in the original packaging to the sender, together with a printed version of the return approval, within 3 days of receipt. In such a case, we will exchange the item(s) or refund the full cost.

Please note that if you have placed an order in our B2B webshop www.b2bioplants.com, the goods will NOT be taken back if you change your mind and do not want the goods after all. The return of the goods is then the responsibility of the seller. In the event of damage, the same procedure applies as described above.

We do NOT accept returns based on differences in color, material or design. We work with brands with mostly handmade products made of natural materials, imperfections or differences are considered part of the appeal of our collection.

13.1 Plants cannot be returned by law as they are living products. We work with organically grown plants that grow and bloom as nature intended. The plants are grown without the use of chemical pesticides and fertilizers, each plant is therefore unique, the plants you receive may differ from the plants depicted in the webshop www.b2bioplants.com.

B2Bioplants is a wholesaler and only accepts returns for damaged products and incorrectly shipped goods. If the customer changes their mind, the product cannot be returned.

This information is displayed on the webshop www.b2bioplants as follows:

Broken items ✔️
Incorrect items shipped ✔️
The customer has changed their mind and wants to return the product ❌

If you unexpectedly experience problems with our products, please contact us.

B2Bioplants is a registered trademark of Green Up The City KvK 78749484.

VAT: NL003388746B02

Copyright

All content on our website is protected by copyright. Nothing from this website may be used for any form of media without written permission from Green Up The City. All products, images and texts of B2Bioplants are protected by copyright

General Terms and Conditions Green Up The City

General Terms and Conditions for the Wholesale of Flower Nursery Products drawn up by Green Up The City.

I. GENERAL
1. These General Terms and Conditions (hereinafter referred to as: “General Terms and Conditions”) apply to all offers made by Green Up The City (hereinafter referred to as “GUTC”) and agreements concluded between GUTC and a client (hereinafter referred to as: “Buyer”), as well as the execution thereof. GUTC and Buyer are hereinafter jointly referred to as “Parties”.
2. GUTC expressly rejects the applicability of any general (purchase) conditions of Buyer.
3. Provisions that deviate from these General Conditions must be expressly agreed upon in writing by the Parties and, insofar as they do not replace the provisions of these General Conditions, are deemed to supplement these General Conditions.

II. OFFERS / AGREEMENT
1. Offers and quotations from GUTC, whether verbal or written, are always without obligation, unless they contain a term for acceptance by Buyer. If an offer or quotation contains a non-binding offer and this is accepted by Buyer, GUTC has the right to revoke the offer within two working days after receipt of the acceptance. If the acceptance by Buyer (whether or not on minor points) deviates from the non-binding offer made by GUTC, GUTC is not bound by it, unless GUTC indicates otherwise. 2. An agreement is concluded at the moment of the express acceptance of the order by GUTC in a manner customary in the industry.
3. Offers and price quotations are one-off and do not apply to subsequent or future orders, unless otherwise agreed by the Parties.

III. PRICES
1. The prices are generally determined upon acceptance of the order. They are based on the applicable daily prices, as established by supply and demand. 2. a. The prices are ex works GUTC.
b. The price does not include sales tax (VAT).
c. Import duties, other taxes and levies, costs of quality control and/or phytosanitary research, costs of loading and unloading, packaging, transport, insurance are not included in the price, unless otherwise agreed in writing.
d. The prices are quoted in Euros, unless a different currency is stated on the invoice.

IV. DELIVERY AND DELIVERY TIME
1. Buyer shall ensure that all data that GUTC indicates is necessary or that Buyer should reasonably understand is necessary for the performance of the agreement, are provided to GUTC in a timely manner. If the data required for the performance of the agreement are not provided to GUTC in a timely manner, GUTC has the right to suspend the performance of the agreement and/or charge the Buyer for the additional costs resulting from the delay. GUTC is not liable for damage of any nature whatsoever because GUTC has assumed incorrect and/or incomplete data provided by Buyer, unless this incorrectness or incompleteness should have been known to GUTC.
2. GUTC is obliged to deliver the agreed quantity, unless force majeure requires a reduction in the quantity.
3. GUTC is obliged to immediately inform Buyer of the force majeure situation and is then entitled to deliver a smaller quantity.
4. The place of delivery is the storage/processing area of ​​GUTC, unless otherwise agreed in writing.
5. Unless otherwise agreed in writing, the risk of loss or damage to the products that are the subject of the agreement between GUTC and Buyer shall pass to Buyer at the time at which they are legally and/or factually delivered to Buyer and are thus placed in the power of Buyer or a third party designated or to be designated by Buyer.
6. Free delivery shall only take place if and to the extent that this has been agreed and stated by GUTC on the invoice or order confirmation.
7. Delivery times stated by GUTC are indicative and shall never be regarded as a fatal term, unless expressly agreed otherwise. Exceeding delivery times does not entitle the Parties to termination or compensation, unless otherwise agreed.

8. If GUTC is (partially) unable to meet its obligation(s), GUTC will notify Buyer of this as soon as possible. If GUTC is unable to deliver the entire ordered quantity, GUTC is entitled to make a partial delivery or to suspend the execution of the agreement and/or to deliver other equivalent or similar products in consultation with Buyer. 9. If Buyer has not taken delivery of the ordered products at the agreed time and place, he is in default and the risk of any loss of quality resulting from storage is for Buyer. The ordered products are at his disposal, stored at his expense and risk. However, if after a limited storage period, which can be considered reasonable given the type of product, Buyer has not taken delivery and the risk of loss of quality and/or spoilage of the products in GUTC's opinion leaves no other choice, GUTC is entitled to sell the products in question. Non-compliance by Buyer does not release him from the obligation to pay the (full) purchase price. In the event of a sale by GUTC, the Buyer is obliged to bear any price difference arising from such a sale, as well as all further costs and damages incurred by GUTC.
10. GUTC reserves the right not to execute orders if the Buyer has not paid for previous deliveries within the agreed payment term. GUTC is not liable for any damage suffered by the Buyer as a result of the failure to deliver.

V. FORCE MAJEURE
1. In the event of force majeure, GUTC may (partially) dissolve the agreement or suspend delivery until the time at which the force majeure situation ceases to exist.
2. Force majeure is understood to mean: any circumstance falling outside the direct sphere of influence of GUTC, as a result of which compliance with the agreement can no longer reasonably be expected, including in any case (but not exclusively) unrest, war, threat of war, terrorism, strikes, fire, extreme weather conditions, natural disasters, epidemics, traffic conditions (including road works and traffic jams) or government measures.

VI. PACKAGING
1. Packaging is done in the manner customary in the flower and plant wholesale trade and is determined by GUTC as a good merchant, unless otherwise agreed.
2. One-time packaging is charged.
3. Reusable packaging and other durable material (cardboard boxes, containers, stacking trolleys, etc.), which remain the property of GUTC, are also charged and must be returned. The costs of return transport are for the account of the Buyer. If the material is returned in correct condition, the costs charged will be credited, possibly reduced by an agreed amount for use.
4. With regard to durable packaging material (stacking trolleys, containers, etc.) that has been loaned to the Buyer, GUTC reserves the right, if the material in question is not returned by the Buyer, to charge the Buyer for the costs of this material and to recover any further damage caused by the Buyer from him.
5. If a deposit is charged, this will be settled after the material in question has been returned in correct condition. The costs of return transport shall be borne by the Buyer.

VII. LOAD AND TRANSPORT
1. Loading and dispatch shall be carried out in an efficient manner.
2. If the Buyer does not prescribe a means of transport, GUTC shall choose the most common method of transport.
3. The costs of transport shall be charged to the Buyer.
4. If a forwarder is engaged, GUTC shall only be liable for damage that occurs up to the time the products are transferred to the forwarder.

VIII. COMPLAINTS
1. Complaints regarding visible defects in delivered products must be reported to GUTC immediately after discovery or in any case within 24 hours of receipt. A telephone report must be confirmed in writing by the Buyer within two days of receipt of the products. The decisive factor here is the moment of receipt of the written confirmation by GUTC. The Buyer or recipient of the products must also make a note of the complaint on the relevant transport documents, in order to confirm that the complaint existed at the time of delivery of the products.
2. Complaints regarding non-visible defects in delivered products must be reported to GUTC immediately after discovery and in any case submitted to GUTC in writing in good time, so that it is able to investigate the correctness of the complaints on site and/or retrieve the delivered goods.
3. The complaints must at least contain: a. a detailed and accurate description and photographs of the defect; b. statement of any further facts from which it can be inferred that the delivered products and those rejected by the Buyer are identical.
4. GUTC must always be given the opportunity to investigate the correctness of the relevant complaints on site and/or to retrieve the delivered goods. The products must be kept available in their original packaging.
5. Complaints regarding part of the delivered products cannot be grounds for rejecting the entire delivery.
6. After the expiry of the aforementioned periods, the Buyer is deemed to have approved the delivered goods or the invoice respectively. In that case, complaints will no longer be processed by GUTC.

IX. LIABILITY
1. GUTC is not liable for any damage suffered by the Buyer, except and insofar as the Buyer proves that there is intent or gross negligence on the part of GUTC.
2. Defects regarding any phytosanitary and/or other requirements in force in the country of import do not entitle the Buyer to compensation or termination of the agreement, unless the Buyer has informed GUTC of these requirements in writing prior to or at the time of concluding the agreement.
3. GUTC is in no case liable for business damage, delay damage, loss of profit, stagnation damage or other indirect or consequential damage of the Buyer. Should GUTC nevertheless be obliged to compensate damage (in whatever form), then the liability of GUTC is expressly limited to the invoice amount, excluding VAT, regarding the part of the delivery to which the damage relates.
4. Unless expressly stated otherwise, the delivered products are exclusively intended for decoration purposes and are not suitable for internal use. GUTC points out that the products can lead to harmful effects in humans and/or animals if used incorrectly, consumed, contacted and/or hypersensitive. Buyer is obliged to pass on this warning to its customers and indemnifies GUTC against all claims from third parties, including end users, with regard to the said consequences.

X PAYMENT

1. Payment must be made, at GUTC's discretion:
a. net cash on delivery, or; b. by deposit or transfer to a bank account designated by GUTC within the agreed payment term, or; c. by means of automatic debit, or; d. by means of cheques, or; e. by means of advance payment, or; f. in any other method of payment indicated by GUTC. Any bank charges will be charged by GUTC to Buyer.
2. Buyer is not authorised to deduct any amount from the purchase price to be paid due to a counterclaim made by him. Buyer may not suspend the purchase price to be paid by him on the basis of a complaint about the goods delivered or with regard to the amount of the invoice.
3. Buyer is in default only by the expiry of the agreed payment term. GUTC shall then have the right to terminate the agreement with immediate effect by a single notification to the Buyer (express termination clause). GUTC shall not owe the Buyer any compensation for the consequences that this termination could have for the Buyer.
4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, GUTC's claims on the Buyer shall be immediately due and payable.
5. In the event of default by the Buyer, GUTC shall be entitled to charge 1.5% interest per month from the due date of the invoice until the date of full payment, or, if this is higher, the statutory interest.
6. In the event of default by the Buyer, GUTC shall also be entitled to charge the exchange rate loss incurred as a result.

7. GUTC has the right to apply the payments made by the Buyer first to reduce the costs (such as those of exchange rate losses), then to reduce the accrued interest and finally to reduce the principal and the current interest. GUTC may, without thereby being in default, refuse an offer of payment if the Buyer indicates a different order for the allocation. Furthermore, GUTC may refuse full repayment of the principal if the accrued and current interest and the costs are not also paid.
8. If payment must be effected by engaging third parties, the resulting judicial, execution and/or extrajudicial costs - with a minimum of 15% of the outstanding amount - are immediately due and payable by the Buyer. If GUTC has incurred higher costs, which were reasonably necessary, these will also be eligible for compensation by the Buyer. The Buyer owes interest on the costs incurred.

XI. RETENTION OF TITLE
1. All delivered products remain the property of GUTC until all claims of GUTC on Buyer have been paid in full.
2. As long as the products have not been paid for, Buyer may not pledge them or otherwise provide them as security. If third parties (wish to) seize these products or wish to recover them in any other way, Buyer must immediately inform GUTC of this.
3. In the exercise of GUTC's rights under the retention of title, Buyer will always provide full cooperation at first request and at its own expense. Buyer is liable for all costs that GUTC must take in connection with its retention of title and the related actions, as well as for all direct and indirect damage that GUTC suffers or may suffer. 4. If this is possible under the law of the country in which the Buyer is established and/or where the products were delivered to the Buyer, the following also applies:
a. In the event of default by the Buyer, GUTC has the right to immediately take possession of the delivered products, as well as the packaging and transport materials supplied with them, and to dispose of them at its own discretion. If the law so prescribes, this implies termination of the relevant agreement.
b. The Buyer has the right to sell the products in the normal course of his business (but not to use them as a means of payment). He hereby already transfers all claims that he obtains from the sale on a third party. GUTC accepts this transfer and reserves the right to collect the claim himself as soon as the Buyer does not correctly meet his payment obligation and, to the extent necessary, is in default.
c. The Buyer has the right to process the products in the normal course of his business, whether or not together with products that do not originate from GUTC. In the proportion in which the products of GUTC form part of the created item, GUTC obtains (joint) ownership of the new item, which Buyer hereby transfers to GUTC and which GUTC accepts.
d. If the law prescribes that GUTC must surrender part of the agreed securities upon request in cases in which these exceed the value of the outstanding claims by a certain percentage, GUTC will comply with this as soon as Buyer makes a request to do so and this is apparent from GUTC's accounts.

XII. APPLICABLE LAW / DISPUTES
1. Dutch law applies to all agreements to which these General Terms and Conditions apply in whole or in part and the provisions of the Vienna Sales Convention are expressly excluded.
2. Disputes relating to or arising from offers, quotations and/or agreements to which these General Terms and Conditions apply may only be submitted by Buyer to the Dutch court that has jurisdiction in the area where GUTC is established. GUTC has the right to submit disputes to both the competent court in the area where it is established and to the competent court in the area where the Buyer is established.
3. Notwithstanding the provisions under XII.2., GUTC and the Buyer may agree to submit any dispute to an arbitration committee that acts in accordance with the arbitration regulations of the Netherlands Arbitration Institute, whose decision is accepted as binding by both Parties.

XIV. FINAL PROVISION
1. In cases not provided for in these General Terms and Conditions, Dutch law shall also apply.
2. If and to the extent that any part or provision of these General Terms and Conditions would be invalid under Dutch law in connection with a conflict with any mandatory provision, the other provisions of these General Terms and Conditions shall continue to bind the Parties. In place of the invalid provision, it shall then be acted as if the Parties, if they had known of the invalidity of the provision in question, had agreed on a provision that corresponds to the intention of the invalid provision, or a provision that most closely approximates that intention.

Alkmaar, September 2024