Terms and Conditions
Delivery, payment, and selling conditions of the Epric Foundation , doing business as epiphyllum.online, from here on out being named Epiphyllum.online for the purpose of closing deals long distance.
In these conditions the following means:
Time of reconsideration: The length of time that the buyer has to reconsider his/her purchase as described in article 4.
The Consumer: A person who is not involved in a similar business as Epiphyllum.online and wants to make a purchase long distance.
Day: Calendar day.
Lasting information carrier: Any means that enables either the consumer or Epiphyllum.online to file personal information for the purpose of future reference and enables unchanged reproduction of the filed information.
Right of reconsideration: The right of the consumer to cancel a purchase within certain time limitations.
Long distance transaction: A transaction that uses a sales system which has been established by Epiphyllum.online for the purpose of selling long distance and that uses the web store of Epiphyllum.online to finalize the sale, or a transaction that is being conducted by means of back and forth e-mails using among others the “contact-me” button, or transactions that can be made through telephone contact between the consumer and Epiphyllum.online.
Article 1: Applicability
1.1 On all transactions conducted with epiphyllum.online (the seller) the present general conditions are applicable
1.2 Before any long distance transaction takes place the text of the general conditions has been made available to the consumer
1.3 The text of the general conditions will be made available to the consumer either by regular mail, or by electronic mail in such a way that the consumer can easily file it for future reference. In case this is not possible in a reasonable manner then instructions will be given where to find the general conditions electronically before the long distance transaction takes place and that at the request of the consumer these will be sent either electronically or by other means at no cost to the consumer.
1.4 The applicability of certain delivery or payment conditions or general conditions by the buyer to epiphyllum.online is explicitly rejected
1.5 The general conditions are also applicable on a transaction with the consumer when epiphyllum.online is using a third party to execute the transaction
1.6 Deviations or additions to the general conditions during any individual transaction are only applicable to that specific transaction and do not have any general validity. They are only valid if there is written confirmation.
1.7 In case one or more of the general conditions have been declared partially or completely invalid, the other conditions will continue to be applicable.
Article 2: Offers and/or tenders
2.1 Offers and/or tenders by the seller are non committal unless a time period for acceptance is part of the offer.
2.2 An offer or tender includes a complete and detailed description of the offered product. The description is detailed enough to enable the consumer to make an educated decision in regard to the offer.
2.3 The seller is not obliged to deliver a product for the price that is quoted in an offer if such price is based on a printed or written error or is based on an obvious mistake.
2.4 Images, drawings, measurements, and other descriptions of sold merchandise are as accurate as possible, though not legally binding. Small deviations are allowable and do not give the consumer any legal rights.
Article 3: Agreement
3.1 An agreement takes place, without prejudice of what is stated in 3.4, with the acceptance of the consumer and completion of the agreed upon conditions. Orders by phone are not accepted.
3.2 In case the consumer has accepted an offer via electronic methods, epiphyllum.online will immediately confirm acceptance via the same method.
3.3 In case the agreement takes place electronically and the consumer pays electronically, epiphyllum.online will take care of the appropriate security measures.
3.4 Epiphyllum.online has the right not to accept an order or to add special conditions to an agreement.
3.5 During the execution of the agreement epiphyllum.online has the right to ask the consumer for proof of credit worthiness.
3.6 Products sold by epiphyllum.online are for the consumer’s personal use only. Personal use includes the use by immediate family members. The consumer may not resell purchased products, or give away to others, without explicit and written approval by epiphyllum.online in advance or to consign it to dealers or resellers, which is punishable immediately by a Euro 10,000 fine for each transgression and epiphyllum.online will continue to have a right to indemnification.
Article 4: Right of return
4.1 While purchasing a product the consumer has the right to cancel the agreement without the need for a reason for a period of seven working days unless it is a personalized product. This seven day period commences on the day after receiving the product either by the consumer or by his/her representative. If the product has been altered to accommodate specific wishes of the consumer thenit is considered a personal product. In this case the consumer does not have a right of return. In general our cuttings are specially cut for your order and therefore be considered a personal product.
4.2 During the seven working days period the consumer must handle the product and its packaging with care. He/she will only unwrap and use the product for the purpose of determining if he/she wants to keep it to the necessary extent. In case the consumer wants to make use of the right of return he/she will return the product with all that comes with it to epiphyllum.online in the way that has been instructed.
Article 5: Returning expenses
5.1 In case the consumer is making use of the right of return all expenses to return the product will be his/her responsibility.
Article 6: Delivery
6.1 Epiphyllum.online will make the delivery either by shipment or by handing over the product to the consumer or his/her representative.
6.2 Place of delivery will be the address given by the consumer to epiphyllum.online.
6.3 Epiphyllum.online will make delivery of accepted purchases expeditiously and certainly within thirty days, unless a later delivery date has been agreed upon. If there is a delivery delay or if a product cannot be delivered or only partially the consumer will be notified within thirty days. In this case the consumer has a right of cancellation without any money being due.
6.4 Terms of delivery as quoted by epiphyllum.online are not to be considered absolute. In case a delivery is delayed by a reasonable amount of time and not the fault of epiphyllum.online then the consumer cannot claim compensation.
6.5 However in case Epiphyllum.online is liable to pay compensation for a delay of delivery then the maximum amount due is the profit that Epiphyllum.online would be making on the particular product. Epiphyllum.online will never be liable to pay for loss of profit, incurred losses, expenses, or immaterial damage such as emotional or stagnation.
6.6 In case delivery of an ordered product is no longer possible then Epiphyllum.online will do its utmost to supply a substitute product. At delivery time at the latest the consumer will be informed that the delivered product is a substitute. The consumer has a right of return with such a product, unless it is a personal product as described in article 4.1.
6.7 Only in case the customer selects the registered mail and/or track and trace option,Epiphyllum.online will remain liable for damage to the product or loss of the product until delivery to the consumer or to his/her representative. After delivery the consumer becomes liable.
6.8 Shipments to countries outside the EU are send at risk of buyer, in all cases. No substitution will take place if the shipment is seized at the border.
6.9 Epiphyllum.online is not providing a cites or phtosanitary certificate for orders outside the EU.
Article 7: Payment
7.1 The goal is that all merchandise sold by Epiphyllum.online has been paid by the consumer before delivery unless explicitly otherwise agreed upon by both parties.
7.2 Receipts for the merchandise delivered by Epiphyllum.online will be mailed to the address given by the consumer.
7.3 All prices quoted by Epiphyllum.online are including VAT and if necessary insurance against damage, loss and/or theft up to the moment of delivery to the consumer or his/her representative, unless otherwise agreed upon.
7.4 The seller has the right to keep possession of the merchandise purchased by the consumer until payment has been made in full.
Article 8: Complaints
8.1 A consumer complaint that the delivered merchandise does is not what was ordered needs to be made within the seven working days period after delivery as described in article 4.1. After this period any complaint is considered past due. Complaints about used merchandise are not accepted in any case.
8.2 Each complaint must be accompanied by a receipt date and number. Furthermore the consumer has no right of claim without a properly filled out guarantee certificate belonging to the merchandise. Epiphyllum.online responsibility of guarantee never exceeds the responsibility that the manufacturer of the sold merchandise has to Epiphyllum.online
8.3 A complaint by the consumer of clearly visible shortcomings or damage to delivered merchandise is only valid when the consumer has described these shortcomings or damage on the receipt or airway bill or the shipper has made a protocol.
8.4 The burden of proof that the delivered merchandise is not equal to what was agreed upon lies with the consumer.
8.5 In case the consumer notifies the seller of a complaint on delivered merchandise, then the consumer should make it possible for the seller to inspect the merchandise as soon as possible. The seller will inspect the merchandise in the most convenient manner which the consumer will enable, if necessary by presenting the merchandise in person. All reasonable expenses made by the seller will be the responsibility of the consumer in case the complaint is considered ungrounded.
8.6 Minute deviations in measurements, colour, form, or packaging of delivered merchandise don’t give the consumer the right of cancellation after the seven working days period as described in article 4.1 has elapsed or refusal of delivery or of a claim of indemnification. The same is in effect for small modifications by the manufacturer of the merchandise in case these modifications do not change the product in a material way.
8.7 Complaints that are made within the seven working days time period will not be considered at all when a third party has made modifications or repairs to the delivered merchandise.
Article 9: Circumstances beyond control
9.1 Circumstances beyond control means: Every situation in which the seller cannot fulfil its obligations due to a situation that the seller has no control over and the seller can be held liable for based on any laws or given guarantees.
9.2 If after an agreement has been made it appears that delivery by the seller will be difficult or important because of conditions beyond control, the seller has the right to either cancel the agreement or to postpone delivery, in which case the seller will notify the consumer as soon as possible depending on the conditions.
9.3 Conditions beyond control, if not already clear from point 1, especially include war, threat of war, civil war, riots, disease, natural disaster, new laws that affect imports, new laws that affect delivery of parts, materials, raw materials, semi manufacturing, transportation problems including traffic jams, strikes or labour unrest, interruption of energy supply, fire, and other disturbances at Epiphyllum.online or at its suppliers. Also explicitly included is failure to deliver by Epiphyllum.online suppliers.
9.4 In case of circumstances beyond control as well as in case of failure to perform by the consumer Epiphyllum.onlinehas the right to choose either to postpone delivery until the circumstances have changed or if delivery has not taken place yet to cancel the agreement without being held liable for any indemnification as described in article 78 in book 6 of the Civil Code.
9.5 Epiphyllum.online cannot be hold liable if the import of merchandise does not comply with the law of the country of import. This risk is carried by the consumer.
Article 10: liability
10.1 Liability of the seller will be lifted in case of circumstances beyond its control, in which case due to temporary or final inability to deliver the seller has a right to partially or completely cancel the agreement.
10.2 Epiphyllum.online is never liable for damage or wear and tear caused by usage of sold merchandise.
10.3 In any case the liability of the seller, in any case of liability based on article 10, will be limited to a maximum of 100% of the receipt amount. The seller is never liable for loss of profit, incurred losses or expenses, immaterial damage such as emotional or stagnation to the consumer.
10.4 Epiphyllum.online is not liable for any damage caused by the failure of software including the presence of a virus unless the damaged is caused on purpose or gross negligence by the seller or one of its employees.
Article 11: Disputes
11.1 Dutch law applies to all agreements with Epiphyllum.online. The Treaty of Vienna is never applied.
11.2 Disputes that occur between Epiphyllum.online and the consumer if needed will be presented to the applicable judge of the Court of Arnhem.