General Terms and Conditions
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| These General Conditions are valid from 1 Januari 2004. Previous General Conditions are no longer valid. |
| Article 1 General Terms and Conditions |
| 1.1 |
In these General Conditions the Pollinator Company as well as The Botanic Herbalist and After the Harvest, located at the Nieuwe Herengracht 25, Amsterdam, the Netherlands, will be named as the Pollinator Company. |
| 1.2 |
These General Conditions are applicable to all agreements between the Pollinator Company and its clients. This includes: sales, delivery, payment, repair and maintenance, components, articles, services and all other related goods and/or services. |
| 1.3 |
Next to these General Terms and Conditions the Pollinator Company can apply additional Terms and Conditions which are specifically aimed at certain transactions and/or the nature of activities. The Additional terms and Conditions are part of the General Terms and Conditions. |
| 1.4 |
An appeal from the client to conditions which are not applicable to these General Terms and Conditions will not be accepted by the Pollinator Company. |
| 1.5 |
A copy of these General Terms and Conditions can be applied for at all times by contacting the Pollinator Company. |
| 1.6 |
The Pollinator Company holds the right to change and/or expand these General Terms and Conditions at any time without prior notice. |
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Article 2 Offers
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| 2.1 |
All offers made by the Pollinator Company are without engagement, unbinding and as long as stocks last, unless otherwise stated in the invoice. |
| 2.2 |
Quotations on www.pollinator.nl, brochures, advertisements and pricelists are not legally binding offers. |
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Article 3 Agreements
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| 3.1 |
Agreements with the Pollinator Company are only made when an order or repair has been verified for feasibility. The Pollinator Company holds the right, without prior notice, to not accept orders or assignments. Or, to accept orders or assignments under the pre-requisition that shipment will only proceed after payment has been received (prepayment), in which case the client will be notified accordingly. |
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Article 4 Images
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| 4.1 |
All images, drawings and information concerning weights, measurements, colors and data involving the application of equipment, in pricelists, on the Pollinator Company website (www.pollinator.nl), in brochures and advertisements are compiled with the utmost care but are estimates only. Therefore this information cannot in any way be a reason for recuperation of damages and/or dissolution of an agreement. |
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Article 5 Prices and Payments
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| 5.1 |
The Pollinator Company provides goods at prices valid on the date of shipment. |
| 5.2 |
Prices are, unless otherwise stated, including VAT, in Euros excluding transportation costs. |
| 5.3 |
Payments for provided goods or services are to be paid for within 10 days after invoice date unless otherwise agreed in writing. If after 30 days of the invoice date no payment has been received by the Pollinator Company, a surcharge of 1.5% of the invoice amount will be added to the invoice amount without serving notice upon the debtor/client every month of which any part of a new month will be seen as a whole month until this account has been settled. Furthermore, the Pollinator Company has the right to increase the amount owing with legal counseling costs, administration costs and any other costs which can be involved. In case the amount owing is not settled within the timeframe stated in the correspondence, then anticipating the actual costs, for the time being the costs will be set at 15% of the invoice amount owing with a minimum of ˆ 250,=. |
| 5.4 |
The payments received when invoices are outstanding, will first be deducted off of the clients’ oldest outstanding invoice and adding interest and administration costs and subsequently of remaining outstanding invoices, even if the client specifically states the invoice number for which the payment was received. |
| 5.5 |
Invoices in arrears give the Pollinator Company the right to suspend or dissolve any agreements made previously with the client without the client having a possibility to claim damages of any kind. |
| 5.6 |
The Pollinator Company, at all times, in any which way, is authorized to demand secure finances for financial settlement of the goods and services provided by the Pollinator Company. |
| 5.7 |
The client is not allowed, without express written permission by the Pollinator Company to adjust invoices. |
| 5.8 |
Returned products or claims of warranty do not allow the client to delay payment or to partial payment. |
| 5.9 |
Cheques, money drafts, and foreign currencies are only valid as payment after conversion and collection into Euros. |
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Article 6 Shipment and delivery
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| 6.1 |
The Pollinator Company only ships goods at the clients’ risk. |
| 6.2 |
Pollinator Company is authorized to make partial deliveries. |
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Article 7 Property Reservation
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| 7.1 |
Pollinator Company holds the right of property of all provided goods until full payment of the goods has been received. Also, in the case of any outstanding payments due to the Pollinator Company by the client, resulting from previous deliveries/services and/or deliveries/services to be made, Pollinator Company holds the right of property of all provided goods. This includes any outstanding fines, external legal costs and interest. |
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Article 8 Leveringstermijnen
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| 8.1 |
Quotations for the time of delivery are an estimate only, unless agreed otherwise. Pollinator Company can never be held responsible for overshooting the time of delivery. |
| 8.2 |
Overshooting the time of delivery never entitles the client to any kind of remuneration, dissolution or any other kind of reimbursement. Dissolution of the agreement is only possible in case of gross negligence by the Pollinator Company or its executive staff or in case of overshooting the date of delivery by more than three months. The client has the right, should this occur, to dissolve the agreement between the client and the Pollinator Company, however, the client has no right to claim any damages. |
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Article 9 Complaints
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| 9.1 |
Complaints about unsound or incomplete deliveries are to be filed within 8 days after the goods has been received accompanied by a proper description of the problem in writing. If no complaints have been received after 8 days the Pollinator Company automatically accepts that the delivery and the goods provided have been received properly and no complaints are further possible. |
| 9.2 |
Complaints will never entitle the client the right to delay payments due. |
| 9.3 |
In case a complaint is deemed fair by the Pollinator Company, the Pollinator Company can take either of the following actions:
A: Reconsideration of the invoice;
B: Replacement of the good(s) with good(s) with similar specifications, or to repair the good(s) free of charge after reception of the faulty good(s) by the Pollinator Company.
C: To take back the goods provided and to annul the agreement and restitution of the amount paid (in case payments have been received) without a right of reimbursement for damages. |
| 9.4 |
In all cases of faulty goods, the client must entitle the Pollinator Company the opportunity to repair the faulty goods. |
| 9.5 |
Software or CD/DVD’s of which the seal and/or packaging has been opened or broken, can never be returned. |
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Article 10 Garantie
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| 10.1 |
The Pollinator Company offers her clients a carry-in warranty of 1 year. Goods will then be tested accordingly and in case of a fault the product then will be replaced by the same article when on stock and/or be ordered. For private individuals and business there is a return policy with a maximum of three months after invoice date. For resellers this term is 14 days. Should products not be on stock anymore or do not fall under this arrangement, these products will be sent for repair to our supplier of whom we will then be depending on. The warranty period for resellers however is 6 months unless the producer applies a longer period. |
| 10.2 |
Article 10.1 is valid only when the products in question, have been returned including the RMA number under the provision that the client applied for the RMA accordingly. |
| 10.3 |
The client shall forward the goods to be repaired/replaced at their own risk and costs to the address supplied by the Pollinator Company. |
| 10.4 |
The client cannot apply for warranty in case of the following:
A: in case of negligence by the client;
B: in case of alterations to the products. This includes repairs which have not been authorized by the Pollinator company;
C: inappropriate usage, wrong installation, wrong voltage level, lightning strike, damages due to moisture or any other external calamity;
D: in case the products have not been maintained in accordance with the manual;
E: in case of using the wrong or not suited for accessories;
F: when products have been returned as being faulty of which the Pollinator Company cannot detect such faults. |
| 10.5 |
If a product is being repaired or replaced, this does not prolong the warranty date from the original invoice. The warranty period for repairs is 3 months. |
| 10.6 |
If the received product has not been received in accordance with the RMA application, the Pollinator Company deems it necessary to return the product and to charge administration and transportation costs.
If the product is not faulty or not covered under warranty, the Pollinator Company shall charge administration costs. A product returned without an RMA number and/or invoice will be returned to the sender. |
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Article 11 Trademarks
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| 11.1 |
All identification marks albeit trademarks, serial numbers, type numbers warranty numbers or any other kinds of identification mark which have been put there by the Pollinator Company, are not to be removed, damaged, or altered. If this is the case, warranty will be voided. |
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Article 12 Liabilities
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| 12.1 |
The Pollinator’s Liability shall at all times be limited to the amount of the invoice concerned. |
| 12.2 |
Damages either direct or indirect in which these General Terms and Conditions do not foresee, and for which the Pollinator Company has not accepted liability, shall not be accepted by the Pollinator Company unless the damages are caused by gross negligence or caused intentionally by the Pollinator Company. |
| 12.3 |
The client protects the Pollinator Company in this case, against all claims of liability by third parties. |
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Article 13 Other Conditions
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| 13.1 |
If any of the articles of these General Conditions and Terms should loose its function whole or partially, then this shall have no consequences for the validity of the other Terms and Conditions mentioned. |
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Article 14 Summary Offences
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| 14.1 |
The Pollinator Company claims no liability for summary offences committed during the usage or misusage of products which were acquired at or made by the Pollinator Company. |
| 14.2 |
The Pollinator Company is actively keeping up to date with the international laws on our products. However, in case the Pollinator Company ships a product to a country where it is illegal, the Pollinator Company cannot take liability for the summary offence which is committed by the client. |
| 14.3 |
The Pollinator Company claims no liability for summary offences committed during the transportation of our products by our clients to countries where they are illegal. |
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Additional Terms and Conditions:
- The Pollinator Company only sells products that are legal in the Netherlands. However in some countries some products may be illegal. The Pollinator Company does not intend to break any law in any country. The policy is not ship a product to a country where it is illegal or offensive. Staff and software are geared to prevent this, preferably in any case. However it is impossible to keep up with the continually changing laws in more than 100 countries. This means that The Pollinator Company takes no responsibility whatsoever. So, please check if the products you order are legal in your country. You are solely responsible for the consequences of ordering a product that is not legal in your country. We make no claim whatsoever that the embargoes with the contained products and countries are complete. In other words: check with your legal representation (lawyer)
- By Ordering from the Pollinator Company you accept the following:
- This site contains material intended for adults only.
- Do not order, if you are less than 18 years of age, or if it is illegal for you to view, purchase & receive the materials provided by this site, based on your local community laws. So, please check if the products you order are legal in your country. You are solely responsible for the consequences of ordering a product that is not legal in your country. We make no claim whatsoever that the embargoes with the contained products and countries are complete. In case of any doubts, please advise your legal representation or your lawyer.
- Our privacy policy is quite simple. We don’t keep records on our clients, we don’t sell (Email-) addresses and we don’t hand over private information to third parties.
Please notify us at: info@pollinator.nl
