General Terms and Conditions Erna's Garden

Table of Contents

1 - Definitions
2 - Identity of Erna's Garden
3 - Applicability
4 - The offer
5 - The Agreement
6 - Right of withdrawal
7 - Costs in case of withdrawal
8 - Exclusion of the right of withdrawal
9 - The price
10 - Conformity and warranty
11 - Delivery and execution
12 - Payment
13 - Complaints procedure
14 - Disputes
15 - Additional or different terms

1 - Definitions

For the purposes of these terms and conditions, the following definitions shall apply:

Reflection time: The period within which the consumer can exercise his right of withdrawal;
Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable Data Carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows for future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur Erna's Garden: The natural or legal person who offers products and/or services to consumers at a distance;
Distance Agreement: An agreement whereby, in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technology for remote communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having met simultaneously in the same room.

2 - Identity of Erna's Garden

Erna’s Garden 
Poemastraat 4
Paramaribo, Suriname
Phone: +31 (0) 6 37 03 61 55
E-mail: info@ernasgarden.com
KKF nr. 51728 (Chamber of Commerce)

3 - Applicability

These general terms and conditions apply to any offer from Erna's Garden and to any concluded distance contract between Erna's Garden and consumer.
Before the distance contract is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for inspection at Erna's Garden and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be viewed electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

4 - The offer

If an offer has a limited validity period 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 and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Erna's Garden uses images these are a true reflection of the products and / or services offered. Erna's Garden is not bound by obvious errors or mistakes in the offer.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

• the price including taxes;
• any costs of delivery;
• The way in which the agreement will be established and what actions are required for this;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery and execution of the agreement;
• The period for accepting the offer, or the period within which Erna's Garden guarantees the price;
• Whether the contract is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
• The way in which the consumer, before the conclusion of the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
• any other languages in which, besides Dutch, the agreement may be concluded;
• the codes of conduct to which Erna's Garden is subject and the way the consumer can consult these codes of conduct electronically.

5 - The Agreement

The agreement comes into effect, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
If the consumer has accepted the offer electronically, Erna's Garden will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Erna's Garden, the consumer may dissolve the contract.
If the agreement is concluded electronically, Erna's Garden will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, Erna's Garden will observe appropriate security measures.
Erna's Garden may - within legal limits - obtain information about the consumer's ability to fulfill his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If, based on this investigation, Erna's Garden has good grounds for not concluding the agreement, Erna's Garden is entitled to refuse an order or application or to attach special conditions to its implementation.
Erna's Garden will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• The visiting address of the establishment of Erna's Garden where the consumer can go with complaints;
• The conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
• The information about warranties and existing after-purchase service;
• the data included in point 4 paragraph 3 of these terms and conditions, unless Erna's Garden has already provided this data to the consumer prior to the execution of the agreement.

6 - Right of withdrawal

When purchasing products, the consumer has the possibility of dissolving the contract without giving reasons during 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and known to Erna's Garden representative.
During the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to Erna's Garden, in accordance with the reasonable and clear instructions provided by Erna's Garden.

7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the cost of return will be borne by him and also the shipping costs of the order. (Unless it is the fault of Erna's Garden).

If the consumer has paid an amount, Erna's Garden will refund this amount as soon as possible, but at the latest within 30 days after the return or withdrawal.

8 - Exclusion of the right of withdrawal

Erna's Garden may exclude the consumer's right of withdrawal as far as provided for in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if Erna's Garden has clearly stated this in the offer, at least in good time before concluding the contract.
Exclusion of the right of withdrawal is only possible for products:

• die door Erna’s Garden tot stand zijn gebracht overeenkomstig specificaties van de consument;
• die duidelijk persoonlijk van aard zijn;
• die door hun aard niet kunnen worden teruggezonden;
• die snel kunnen bederven of verouderen;
• waarvan de prijs gebonden is aan schommelingen op de financiële markt waarop Erna’s Garden geen invloed heeft;
• voor losse kranten en tijdschriften;
• voor audio- en video-opnamen en computersoftware waarvan de consument de verzegeling heeft verbroken.

9 - The price

During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the preceding paragraph Erna's Garden may offer products or services whose prices are subject to fluctuations in the financial market and where Erna's Garden has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices, are mentioned with the offer.
The prices mentioned in the offer of products or services include VAT.

10 - Conformity and Warranty

Erna's Garden warrants that the products and/or services comply with the agreement, with the specifications listed in the offer, with reasonable requirements of reliability and/or serviceability and with the existing statutory provisions and/or government regulations on the date of conclusion of the agreement. If agreed Erna's Garden also guarantees that the product is suitable for other than normal use.
A guarantee issued by Erna's Garden, manufacturer or importer shall not affect the legal rights and claims that the consumer may assert against Erna's Garden under the contract.

11 - Delivery and execution

Erna's Garden will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to Erna's Garden.
Subject to what is stated in Article 4 of these General Conditions, Erna's Garden will carry out accepted orders with convenient speed but at least within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation.
In case of dissolution in accordance with the previous paragraph, Erna's Garden will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
If delivery of an ordered product turns out to be impossible, Erna's Garden will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by Erna's Garden.
The risk of damage and/or loss of products rests with Erna's Garden until the moment of delivery to the consumer or a previously designated and made known to Erna's Garden representative, unless expressly agreed otherwise.

12 - Payment

The prices stated for the products and services offered are in Euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing. Payment must be made in advance. Unless otherwise agreed, the amounts due by the consumer should be paid within 14 days after the start of the reflection period referred to in point 6 paragraph 1.
The consumer has the duty to immediately report inaccuracies in payment data provided or stated to Erna's Garden.
In case of non-payment by the consumer, Erna's Garden is entitled, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

13 - Complaints procedure

The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
Complaints about the execution of the agreement must be submitted to Erna's Garden within a reasonable time, fully and clearly described, after the consumer has found the defects.
Complaints submitted to Erna's Garden will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Erna's Garden will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

14 - Disputes

Contracts between Erna's Garden and the consumer to which these general conditions apply are exclusively governed by Dutch law.

15 - Additional or different terms

Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.