Terms and Conditions

1. Scope of application

The invoicing and sales conditions of Scapedesign bvba (VAT BE 0718 796 229, Jufferstraat 13, 3806 Velm, Belgium; gilles@planted-box.com) apply in full and without exception to all its offers, orders, invoices and legal relationships, regardless of their designation. The customer formally acknowledges having read these conditions and accepts them without reservation.

2. Placing and acceptance of orders

2.1  Scapedesign bvba’s offers are always non-binding and without any commitment on its part.

2.2  All orders placed via the Scapedesign bvba website are immediately payable via electronic payment methods as described on the Scapedesign bvba website. If the customer opts to pay by bank transfer, the order will only be dispatched once the full order amount has been credited to Scapedesign bvba’s account. If Scapedesign bvba has not received the full amount within 15 days, the order will be cancelled.

2.3  Scapedesign bvba’s products are supplied while stocks last. In the event of depletion, the customer will be notified in writing.

3. Right of withdrawal for non-traders

3.1  The consumer (non-trader) has the right to withdraw from the purchase without paying a penalty and without stating any reason, within a period of 15 calendar days from the day following delivery of the product to the consumer.

3.2  The consumer must notify Scapedesign bvba in writing of their decision to withdraw from the contract before the 15-calendar-day withdrawal period expires, either by returning a completed and signed withdrawal form or by sending an email to Scapedesign bvba (gilles@planted-box.com).

3.3  During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product with all accessories supplied and, where reasonably possible, in its original condition and packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.

3.4  The burden of proof for the exercise of the right of withdrawal lies with the consumer.

3.5  After the consumer has notified their intention to exercise the right of withdrawal, the customer must return the product within 15 days. The consumer must prove that the delivered items were returned in time, for example by means of proof of dispatch.

3.6  If the customer has not notified their intention to exercise the right of withdrawal within the periods referred to in points 3.1 and 3.5, or has not returned the product to the seller, the sale is final.

3.7  If the consumer correctly exercises their right of withdrawal and returns the goods to Scapedesign bvba in their original and undamaged condition, Scapedesign bvba will refund the full purchase amount (including shipping costs) to the consumer within 14 days of withdrawal. This is subject to the condition that the product has already been returned to the web retailer or that conclusive proof of complete return can be provided.

3.8  The cost of returning goods to Scapedesign bvba is borne by the consumer.

3.9  Cancellation or withdrawal is not possible for sealed goods (e.g. fertilisers), products made to order, products that have been damaged or rendered unusable.

3.10  Cancellation or withdrawal is not possible for purchases made by traders or businesses.

3.11  For complaints that could not be resolved by mutual agreement, the consumer was directed to the Stichting WebwinkelKeur (www.webwinkelkeur.nl), which provided free mediation. If no resolution was reached, the consumer had the option of having their complaint handled by the Stichting GeschilOnline (www.geschilonline.com), whose ruling was binding. It was also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

4. Deliveries, timescales and risk

4.1  Delivery timescales are purely indicative. Late deliveries can never give rise to termination of the agreement or payment of any compensation to the customer.

4.2  All shipments to and from the customer are always at the customer’s expense (free of charge however for orders from €65.00) and at the customer’s risk, regardless of the manner in which transport is carried out, even if this is done by Scapedesign bvba. Risk passes at the moment the goods leave Scapedesign bvba’s warehouse. For deliveries to consumers, risk passes at the moment the consumer takes possession of the order.

5. Warranty

5.1  For every purchase of a good by a consumer (private individual), a statutory warranty of two years applies. The warranty lapses if sealed goods (e.g. fertilisers) have been opened, if the goods have been damaged by the customer or rendered unusable.

5.2  For CO2 pressure regulators, a statutory warranty of three years applies. This warranty covers the entire pressure regulator with the exception of the solenoid valve, bubble counter and other accessories.

6. Force majeure

6.1  Scapedesign bvba is not obliged to fulfil any obligation under the agreement if it is prevented from doing so by force majeure, understood in the broadest sense of the term (including strikes, blockades, energy shortages, transport restrictions, weather conditions, natural disasters, war or threat of war, failure of suppliers to meet their obligations, etc.).

6.2  Once force majeure arises, Scapedesign bvba is unilaterally entitled to extend the agreed timescales to a reasonable degree in relation to the force majeure factor that has occurred. The customer has no right to dissolve the agreement in the event of force majeure.

7. Complaints

7.1  The customer must immediately take delivery of and inspect the goods. Complaints regarding deliveries must always reach Scapedesign bvba in writing within 24 hours of receipt of the delivery, with a detailed and complete description of the defects. A complaint can in no case give rise to the suspension or deferral of payment of an invoice.

7.2  Complaints regarding invoicing must always be submitted within 8 days of receipt of the order by registered letter or email.

8. Liability

8.1  Scapedesign bvba is not liable for visible defects that were not notified to it by the customer in writing with a detailed and complete description of the defects within 24 hours of receipt of the delivery. Visible defects can at no time give rise to Scapedesign bvba’s liability or to any compensation once the goods have been put into use by the customer.

8.2  Hidden defects must be notified to Scapedesign bvba by the customer within 15 days of receipt of the delivery by registered letter or email, with a detailed and complete description of the defects.

8.3  For both visible and hidden defects, as well as non-conforming deliveries, where Scapedesign bvba’s liability is established, its liability remains limited to a maximum of the amount of the invoices issued for the relevant delivery, as well as the specific coverage provided by its insurer.

8.4  The customer of Scapedesign bvba shall not make any claim for minor or serious fault committed by the latter, its agents or interim personnel. The customer must take out the necessary insurance for this purpose. Scapedesign bvba is also not liable for wilful misconduct on the part of its personnel. Scapedesign bvba cannot be held liable, directly or indirectly, for the actions of its subcontractors.

9. Retention of title

Goods that have not been paid for or have only been partially paid for remain the property of Scapedesign bvba at all times until full payment of the sale price plus interest and costs has been made. In the event of non-payment by the customer, Scapedesign bvba is entitled, without prejudice to its other rights, without further notice or notice of default, at any time to reclaim its goods from wherever they are located, entirely at the customer’s expense.

10. Resale

Products purchased by the customer may not under any circumstances be offered for sale to third parties under a name other than Scapedesign bvba’s original brand name or in packaging other than the original packaging from Scapedesign bvba (in any manner whatsoever, such as repackaging, sale in smaller quantities, etc.). In the event of non-compliance with this article, Scapedesign bvba is entitled, without prejudice to its right to compensation, to immediately suspend its delivery obligation.

11. Termination

Scapedesign bvba may, without notice of default and without judicial intervention, by written notification with immediate effect terminate its own obligations in whole or in part if the customer has filed for or been declared bankrupt or subject to judicial reorganisation (whether at the customer’s own request or not), in the event of attachment or threatened attachment or payment difficulties on the part of the customer. Scapedesign bvba will never be obliged to pay any compensation to the customer as a result of such termination.

12. Confidentiality

Unless prior written consent has been given, the customer is bound not to use personally or to disclose to third parties any data obtained directly or indirectly in connection with the assignment in the broadest sense (including manufacturing methods, etc.).

13. Payment terms

Scapedesign bvba’s invoices are payable in cash and without any discount at its registered office and no later than the due date, being 30 days from the invoice date.

14. Late payment, costs and penalties

Any amount not paid by the due date, being 30 days from the invoice date, will automatically, by operation of law and without any prior notice of default being required, be increased by a default interest rate of 10% per year from the due date. In addition, any invoice not paid by the due date will automatically, without any notice of default being required, be increased by 10%, with a minimum of €100.00, as a fixed and irreducible penalty. In the event of non-payment of the invoice by its due date, Scapedesign bvba reserves the right to revise any agreed conditions or payment terms and may cancel or hold orders that have already been placed until the invoice has been paid.

15. Severability

The potential invalidity of any one of the clauses of these general terms and conditions does not affect the validity of the remaining clauses.

16. Jurisdiction and applicable law

For all disputes, only the courts of the judicial district of Antwerp have jurisdiction, or the court of Scapedesign bvba’s choosing. Belgian law always applies.