Terms and Conditions

1. Applicability of General Terms and Conditions

1.1. These General Terms and Conditions apply to all offers and quotations, in any form or manner whatsoever, submitted by Plantline, hereinafter referred to as ‘Plantline’, and to all agreements concluded with it. 'Agreement’ refers to the agreement between the parties and the orders referred to in Article 2.1.

1.2. In addition to these General Terms and Conditions, additional conditions may also apply to certain goods and/or work, provided that these are agreed on in writing. If there are differences between the additional conditions and these General Terms and Conditions, the provisions of the additional conditions will prevail over these General Terms and Conditions, unless agreed otherwise in writing.

1.3. The provisions of these General Terms and Conditions may only be deviated from if agreed in writing, in which case the other provisions of these General Terms and Conditions will remain in full force. The agreed deviations will only apply to the agreement in which those deviations were agreed.

1.4. If any provision of these General Terms and Conditions should be void, is declared void or is otherwise declared inapplicable, the other provisions of these General Terms and Conditions will remain in full force and, to replace the provision that is void, declared void or declared inapplicable, the parties will agree on an alternative provision that as much as possible complies with the object and purport of the provision that is void, declared void or declared inapplicable.

1.5. Plantline is authorised to engage third parties in the performance of the agreement. In such a situation, these General Terms and Conditions will also apply.

1.6. Any communication between Plantline and the client can take place electronically, unless this is deviated from in these General Terms and Conditions and/or the agreement and/or the law. The version of the communication in question saved by Plantline will be regarded as evidence, unless the contrary is proved by the client.

1.7. Any advice, recommendation or representation given by Plantline or its employees or agents to the client or its employees or agents as to the storage, application or use of the goods or otherwise which is not confirmed in writing by Plantline is followed or acted upon entirely at the client’s own risk, and, accordingly, Plantline shall not be liable for any such advice, recommendation or representation which is not so confirmed.

1.8. Nothing in these General Terms and Conditions shall affect the statutory rights of any client dealing as a consumer.

2. Offers / agreement

2.1. All offers made shall not bind Plantline, unless they specify a time limit. If a non-binding offer is accepted by the client, Plantline may revoke the offer within two working days of receipt of the acceptance.

2.2. Offers are once-only and will not apply to repeat orders.

2.3. The order is formed when the client has placed an order, either verbally or in writing, and Plantline has received this order. The burden of proof with respect to the contents and receipt of the order will at all times be on the client.

2.4. Every order will be confirmed in the invoice drawn up for the order. The invoice contains all information with regard to the order that has been or will be carried out and must be regarded as an order confirmation, unless the order was confirmed in a separate order confirmation.

3. Packaging

3.1. The goods will be packaged in the manner customary in the line of business, unless the parties agree otherwise in writing.

3.2. With respect to durable packaging material, such as trolleys, containers, and pallet boxes, provided on loan to the client, Plantline reserves the right to charge the client for the costs of this packaging material if the client has not returned the packaging material to Plantline within 30 days.

3.3. The statement provided by Plantline will be the principal reference for the number of packing materials that the client owes Plantline.

4. Delivery

4.1. The goods are deemed to have been delivered at the time that Plantline makes these available to the client at a location indicated for that purpose by the client. The client shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery. It is not necessary for an employee of the client to have taken actual receipt of the goods.

4.2. A delivery time stated by Plantline will be without obligation, will be approximate only, and will never be regarded as a strict deadline.

4.3. If the goods ordered by the client are available, but Plantline is not given the opportunity to deliver these at or after the agreed delivery time, the goods are deemed to have been delivered and will be stored by Plantline at the client’s expense and risk.

4.4. If the client fails to accept delivery of goods on the delivery date or within 3 days of notification that they are ready for dispatch whether prior to or after the delivery date, Plantline reserves the right to invoice the goods to the client and charge him therefore. In addition, the client shall then pay reasonable storage charges or demurrage as appropriate in the circumstances until the goods are either dispatched to the client or disposed of elsewhere.

4.5. Plantline shall be entitled to deliver the goods by instalments and where the goods are so delivered, each delivery shall constitute a separate contract and failure by Plantline to deliver any one or more of the instalments in accordance with these General Terms and Conditions or any claim by the client in respect of any one or more instalments shall not entitle the client to treat any other related contract as repudiated.

4.6. A delay in the delivery is only allowed with the explicit written consent of Plantline. Any costs and losses for Plantline resulting from a delay will be payable by the client. The statement of costs to be provided by Plantline in this respect will be binding on the client.

4.7. As long as one or several invoices of Plantline have not been paid by the client, delivery will not entail transfer of title. The risk of the goods will pass to the client at the time of delivery.

4.8. Plantline will not be liable for any loss incurred as a consequence of non-delivery.

4.9. Pre-order Articles and Delivery Windows:

• For pre-order articles, the indicated delivery window represents an estimated timeframe rather than an exact delivery date.
• Plantline will confirm the exact delivery date 2-4 weeks prior to the actual delivery. The exact delivery date depends on the plant's visual and growth stage, which are influenced by weather conditions and may vary by 1-2 weeks earlier or later.
• We appreciate your understanding and patience regarding these variations.

5. Retention of Title

5.1. Plantline remains the owner of all goods supplied to the client until the client has made all payments with respect to any claims that Plantline should have or acquire pursuant to all agreements with the client and any goods delivered in that context.

5.2. The goods will remain the property of Plantline and the client will store them so that they are readily identifiable as Plantline’s goods until such time as payment for them and for all other goods agreed to be sold to the client have been received in full.

5.3. If the goods have been resold, Plantline’s beneficial entitlement will be attached to the proceeds of the resale and Plantline will be able to claim the full purchase price of the proceeds received.

5.4. Where ownership of any goods remains vested, Plantline will be entitled to repossess any goods supplied at any time.

5.5. Plantline may for the purpose of recovering its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.

5.6. It is the sole responsibility of the client to ensure that all goods received from Plantline are fully insured until such time as ownership of said goods has passed to the client.

5.7. Should goods become damaged in any way after they have been received by the client, the client will be liable to pay to Plantline the full purchase price of the goods.

6. Prices

6.1. The prices stated by Plantline will always be in British pounds, unless explicitly stated otherwise. The prices include value-added tax (VAT) and delivery costs.

6.2. If, after the order has been accepted, circumstances occur that influence the cost price, Plantline reserves the right to pass on these price changes to the client.

7. Advance payments

7.1. Plantline will at all times be authorised to require that the client, with respect to the payment obligations arising for the client from the agreement, pay an advance up to at most the sum arising from the agreement for the client.

7.2. If the client refuses to pay an advance on request as referred to in the previous paragraph, Plantline will be entitled to terminate the agreement in writing with immediate effect and/or to cancel any outstanding orders, without prejudice to Plantline’s right to compensation for loss suffered by Plantline due to the termination and/or cancellation.

8. Payment

8.1. A term of payment of Payment on receipt of invoice applies if no other payment conditions have been agreed on in writing.

8.2. The client will not be entitled to set off any outstanding invoices against any claim whatsoever on Plantline.

8.3. If the client has any complaints regarding the invoice received, it must inform Plantline of those complaints in writing within seven working days after the date of invoice, failing which the invoice is deemed to be correct.

8.4. If the client has not paid within the term referred to in paragraph 1, the client will be deemed to be in default by operation of law and Plantline will be entitled, without any demand or notice of default being required, to charge the client interest at the statutory rate on the amount payable, commencing from the date on which payment was due.

8.5. If payment is not made by the due date, the client will also be liable for all costs, both judicial and extrajudicial, including those of legal and other experts, incurred by Plantline to obtain or enforce payment.

9. Liability

9.1. Plantline’s liability is limited to direct damage suffered by the client, which damage is attributable to Plantline.

9.2. Plantline will never be liable for indirect damage, including consequential damage, loss of profit, missed savings, damage resulting from business interruptions or damage resulting from claims by third parties.

9.3. Plantline will not be liable for damage caused by the client’s own negligence or any third party’s negligence.

9.4. In the event that Plantline is found liable, its liability will be limited to an amount equal to the invoice value of the goods or services that caused the damage, or at most to the amount of the insurance payment, if Plantline is covered by insurance for the damage in question.

10. Complaints and Returns

10.1. Complaints regarding visible defects of the goods must be made to Plantline in writing within 3 days of delivery.

10.2. Complaints regarding hidden defects must be made to Plantline in writing within 3 days after the defect was discovered or reasonably could have been discovered.

10.3. The client must return any defective goods to Plantline in the condition in which they were received, together with a written statement of the defects.

10.4. Goods may only be returned to Plantline with the prior written consent of Plantline.

10.5. No return will be accepted and no refund will be made for goods that have been specially ordered or manufactured for the client.

10.6. Pre-order Article Returns:

• For pre-order articles, please note that return policies are subject to the specific terms provided at the time of purchase. Returns of pre-order articles are subject to Plantline’s discretion and may involve additional terms and conditions.

11. Force Majeure

11.1. In the event of force majeure, Plantline will be entitled to suspend its obligations under the agreement or to terminate the agreement in writing, without the client being entitled to any compensation.

11.2. Force majeure includes but is not limited to, circumstances beyond Plantline’s control such as, but not limited to, war, riots, natural disasters, strikes, or other disruptions in its own business operations or those of its suppliers.

12. Governing Law and Dispute Resolution

12.1. All agreements and disputes to which these General Terms and Conditions apply are governed by English law.

12.2. Disputes between Plantline and the client will be settled by the competent court in the district in which Plantline is established.