Terms and conditions

These terms and conditions apply to all offers, orders and agreements between HSMN (trading as HSMN Planten) and the purchaser. If you enter into an agreement with us as a consumer, the mandatory provisions of Book 6 and Book 7 of the Dutch Civil Code (sale and distance selling) also apply, including the statutory 14-day right of withdrawal. Where a provision conflicts with mandatory consumer protection, the most protective arrangement for consumers always applies.

Article 1 — Definitions

• Entrepreneur: HSMN (trading as HSMN Planten), established at A.G. Wijersweg 23, 6733 AR Wekerom, Netherlands, CoC 88667189, VAT ID NL004642005B25, email administratie@hsmn.nl, phone +31 (0)6 57819705.
• Consumer: any natural person not acting in the exercise of a profession or business who enters into an agreement with the entrepreneur.
• Product / plants: the native trees, shrubs, roses, climbers, heather, packages and gift cards offered by the entrepreneur.
• Agreement: the purchase or service agreement between entrepreneur and purchaser regarding products supplied by the entrepreneur.
• Day: calendar day.
• Right of withdrawal: the consumer's right to cancel the agreement within the withdrawal period.

Article 2 — Applicability

These terms and conditions apply to every offer and every agreement between entrepreneur and consumer.

• Deviating terms are only valid if confirmed in writing or electronically by the entrepreneur.
• If the consumer has their own terms and conditions that conflict with these terms, these terms of the entrepreneur prevail, except where the law or the requirements of reasonableness and fairness dictate otherwise.
• Insofar as these terms are also declared binding towards non-consumers (professional purchasers), the mandatory consumer protection provisions do not apply to those agreements.

Article 3 — Offer and prices

• Each offer contains sufficient information for the consumer to be clear about the rights and obligations entailed in accepting the offer. Displayed colours and sizes are as true to nature as possible but may differ from reality.
• All displayed prices are in euros and include statutorily owed VAT, unless expressly stated otherwise. Any shipping costs are not included in the displayed price and are clearly stated before completing the order.
• The offer is non-binding. An obvious mistake or error in the offer does not bind the entrepreneur; they may correct it within 14 days. In that case the consumer can cancel the agreement free of charge.

Article 4 — Conclusion of the agreement

The agreement is concluded by the consumer's acceptance of the offer and fulfilment of the conditions set for it.

• The entrepreneur confirms the order in writing or electronically. This confirmation includes at least the ordered products, the price and the delivery conditions.
• If, in the entrepreneur's reasonable judgment, the purchaser is unlikely to meet their payment obligations, the entrepreneur may — before delivering — request additional security, such as written confirmation of identity or prepayment.
• The entrepreneur may refuse or cancel an agreement if there are good reasons (including possible fraud) or if it subsequently appears that incorrect data were provided.

Article 5 — Right of withdrawal (distance selling)

In a distance sale the consumer has the right to cancel the agreement within 14 days of receiving the product, without giving reasons.

• The withdrawal period starts on the day after the consumer, or a third party designated by them, receives the product.
• To exercise the right of withdrawal, the consumer notifies this within the withdrawal period to administratie@hsmn.nl or via the standard withdrawal form. It is sufficient that the notification is sent in time.
• The consumer returns the product as soon as possible, no later than 14 days after the notification, in its original condition and packaging, with all accessories.
• The direct costs of the return shipment are borne by the consumer, unless the entrepreneur reimburses them or the product differs from what was agreed.
• The entrepreneur repays all amounts already paid — including delivery costs — as soon as possible and no later than 14 days after receiving the notification, using the same payment method as the original payment, unless the consumer agrees to another method.
• The entrepreneur may wait with repayment until the product has been received or the consumer proves they have returned it.
• The consumer is only liable for depreciation of the product resulting from handling that goes beyond what is necessary to assess the nature, characteristics and functioning.

Article 6 — Exclusion of the right of withdrawal (living plants)

Pursuant to Art. 7:46(2)(d) of the Dutch Civil Code (goods that can spoil or age quickly) the right of withdrawal for living plants is fully excluded. Plants are perishable, living products whose shelf life, health and growth are irreversibly affected once the packaging is opened, the plant is unpacked or planted. For this reason the entrepreneur never takes plants back.

• For all living plants (trees, shrubs, roses, climbers and heather) the right of withdrawal does not apply; the consumer cannot return these.
• The entrepreneur informs the consumer of this expressly before or at the conclusion of the agreement, on the product page, in the order confirmation and in these terms.
• Exempted from this exclusion are non-living goods (such as physical gift cards and non-living accessories), provided they are not used or custom-made; for these the right of withdrawal of Article 5 applies, unless another statutory exclusion ground applies.
• Products made entirely to the consumer's specifications (such as custom-made packages or quotes) are also excluded from the right of withdrawal.
• Gift cards are excluded from withdrawal after the card has been activated or the code used.

If a delivered plant does not arrive as agreed or damage or loss occurred during transport, report this within 2 working days of receipt to administratie@hsmn.nl with a photo. The statutory transport protection and conformity arrangement of Article 8 remain fully applicable; this exclusion only concerns the right of withdrawal and the return option due to perishability.

Article 7 — Prices and price changes

• During the validity period of an offer, the prices of the offered products are not increased, except for price changes due to changes in VAT rates.
• By way of exception to the previous paragraph, the entrepreneur may offer products whose prices are subject to financial market fluctuations at variable prices. These are clearly stated prior to delivery.
• Price increases after the conclusion of the agreement are not permitted, except for statutory VAT changes or express agreements with the consumer.

Article 8 — Conformity and warranty

• The entrepreneur supplies products that conform to the agreement, of sound quality and suitable for the use known or indicated to the entrepreneur.
• Plants are living products whose growth depends on local conditions such as soil, water, light, weather and care. An appropriate plant warranty means we deliver the plants healthy and well-rooted; we do not compensate for failure to establish or growth damage after delivery due to an unsuitable location or care.
• If a product does not conform to the agreement (defect), the consumer may report this within the statutory limitation period (for consumers at least 2 years after delivery) to administratie@hsmn.nl. The entrepreneur offers an appropriate solution, such as delivery of a replacement product, repair or — if reasonable — cancellation and refund.
• For consumers the statutory transport protection applies: the risk only passes to the consumer once the product has been handed over to them. In case of damage or loss during transport, the entrepreneur takes care of handling and resolves it with the carrier.

Article 9 — Delivery and transfer of risk

• The entrepreneur delivers as soon as possible, no later than 30 days after the order, unless a different delivery period has been agreed.
• If delivery is delayed because a product is no longer in stock, the entrepreneur informs the consumer and offers them the option to cancel the agreement free of charge or choose a replacement product.
• In case of late delivery, the consumer may give the entrepreneur a reasonable period to still deliver; if delivery still fails, the consumer may cancel the agreement and reclaim amounts paid.

Article 10 — Payment

• The purchaser pays the amounts owed via the offered payment methods. The entrepreneur uses Stripe as a secure payment service; card details are processed by the payment service and not stored by us.
• Insofar as the consumer prepays an amount, this is only permitted up to a maximum of 50% of the purchase price if it concerns a custom-made agreement (such as quotes or custom-made packages), in accordance with the statutory deposit restriction. For regular orders of directly deliverable products, full prepayment may be requested.
• In case of late payment, the entrepreneur may charge the statutory commercial interest and reasonable out-of-court collection costs, after the purchaser has been put in default by a notice of default or an equivalent written reminder.

Article 11 — Complaints

• The consumer reports defects or complaints within a reasonable period, no later than 2 months after discovery, in writing or via administratie@hsmn.nl.
• The entrepreneur handles complaints with due care and responds within 14 days of receipt, stating a period for further handling.
• For complaints about the conformity of products, a limitation period of 2 years after delivery applies, in accordance with the Civil Code.

Article 12 — Disputes and applicable law

• Only Dutch law applies to agreements between entrepreneur and consumer, taking into account the mandatory consumer protection provisions of the place where the consumer has their residence, if these offer the consumer greater protection.
• Before a dispute is brought before a court, the consumer first has the option to submit a complaint to administratie@hsmn.nl.
• A dispute may, if the consumer so chooses, be submitted to the Webshop Disputes Committee (Stichting Geschillencommissie voor Consumenten) or to the competent court. The consumer has one month to make their choice known.

Article 13 — Liability and force majeure

• The entrepreneur is liable for damage that is the direct consequence of a failure attributable to them in the performance of the agreement.
• The entrepreneur is not liable for indirect damage, including consequential damage, nor for damage to plants after delivery as a result of weather conditions, incorrect care or planting at an unsuitable location.
• In case of force majeure — circumstances beyond the entrepreneur's control that prevent performance — the entrepreneur may suspend performance or (partially) cancel the agreement, without being obliged to pay compensation.
• The plant information stated on the website — including edibility, edible parts, scent, pruning advice, site preferences, hardiness and ecological value — is general and informational. The consumer verifies its accuracy themselves and, in case of doubt, consults an expert. The entrepreneur is not liable for damage or inconvenience arising from following this advice or from consuming plant parts based on the stated edibility; some people may be allergic to edible plants. Never eat plant parts you cannot identify with certainty.

Article 14 — Shipping costs and delivery times

• The entrepreneur delivers in the Netherlands, Belgium and Germany. The shipping costs depend on the country and plant size and are clearly shown before checkout.
• The indicative delivery time is shown during the ordering process and on the product page. If products in one order have different delivery times, the consumer can choose joint or split delivery.

Article 15 — Gift cards and packages

• Gift cards are sent by email to the beneficiary after payment and are valid for at least the statutory period. The code is personal and can be redeemed at checkout.
• Plant packages contain the composition stated on the package card. Compositions may vary per season, insofar as this is explicitly stated.

Article 16 — Community and user-generated content

• By using the community function you agree to the rules of conduct in this article.
• In communities we only show first names. We ask everyone to behave respectfully; swear words and inappropriate language are automatically blocked.
• You are yourself responsible for the content you post (messages, images, reviews) and guarantee that it does not infringe the rights of third parties — including copyright on images — and is not unlawful, discriminatory or misleading.
• The entrepreneur, as well as owners and co-owners of a community, are authorised to remove messages and remove or block members in case of abuse, without any compensation.
• The entrepreneur reserves the right to block accounts in case of repeated or serious abuse.
• You can create a maximum of 3 communities; joining existing communities is unlimited.
• The entrepreneur is not liable for the content of messages or images posted by users and does not act as a mediator in disputes between members.

Article 17 — Reviews and ratings

• Reviews are posted under your display name and may be approved for publication by the entrepreneur.
• The entrepreneur may refuse or remove reviews if they are inappropriate, incorrect or in breach of these terms.
• You only post reviews based on your own experience and do not give misleading or incorrect information.

Article 18 — Reward points and loyalty

• Reward points are personal and not transferable to third parties or exchangeable for cash, unless expressly stated otherwise.
• The entrepreneur may change or end the reward points system; on termination you get a reasonable period to redeem remaining points.
• On deletion of your account, outstanding points may lapse.

Article 19 — Amendment of the terms

The entrepreneur has the right to amend these terms and conditions. The most current version is always on the website. For ongoing agreements, the version that applied at the conclusion of the agreement applies.

Article 20 — Questions

Do you have questions about these terms and conditions? Then contact HSMN at administratie@hsmn.nl or +31 (0)6 57819705. We are happy to help.