1.0 Definitions

1.1 Schrama:

Schrama boomkwekerij B.V.
Prof. Zuurlaan 10
8256 PE Biddinghuizen
Chamber of Commerce number: 59980257
BTW-identificatienummer: NL853718568B01

1.2 Customer service:

Schrama's customer service .
Contact info:
Prof. Zuurlaan 10
8256 PE Biddinghuizen
Phone number: 0321 331 646
Email address: cs@schramas.com

1.3 Website:

www.schramas.com

2.0 Applicability

2.1 These general terms and conditions apply to any offer made by Schrama and to any contract concluded with Schrama. Before a contract is concluded, these general terms and conditions will be made available to the customer. Should this not reasonably be possible, Schrama will announce to the customer, prior to the conclusion of the contract, that these general terms and conditions are available for inspection at Schrama and will be sent upon request.

2.2 If the general terms and conditions have been made available electronically, this has taken place in such a way that the customer can save the general terms and conditions and they are accessible for later perusal.

3.0 The goods, purchase & delivery

3.1 The description of the goods, quantity, quality, price, VAT, insurance, environmental tax and delivery costs are described on the website, order page or order form. Illustrations, descriptions and other information relating to certain goods, with the exception of prices, VAT, shipping costs and environmental tax, are indicative and serve as guidelines only. Obvious mistakes or obvious errors in the offer and/or the contract will not bind Schrama.

3.2 Schrama may unilaterally amend the contract whereby the customer will have the option to dissolve the contract within 14 days after Schrama informs the customer of such amendment.

3.3 After the Customer has placed an order with Schrama, Schrama will confirm receipt of such order as soon as possible, if possible. If such order was placed electronically, Bakker will confirm such order electronically without delay.

3.4 Schrama aims to deliver all ordered goods within the agreed delivery time. Goods and services are always subject to availability. If your order or part of your order cannot be delivered, Schrama will inform you accordingly. If a product or order is (partly) unavailable, Schrama may deliver a substitute product of equal or higher quality, or partially deliver your order. If you do not wish to keep the replacement product, you may exercise the right of withdrawal as described in Article 4.

3.5 If the product you ordered is delivered damaged or defective, or if it is an incorrect product, you may notify customer service via e-mail or telephone within 14 days of receiving the goods. Customer Service will then arrange for a credit, refund or replacement.

3.6 Schrama will do its utmost to ensure that your order is dispatched at your desired time. If Schrama is unable to dispatch an order at your desired time, that order will be dispatched at a time as close to the desired time as reasonably possible; this may be either earlier or later than the desired time.

3.7 Schrama will deliver the goods to the address you provide in your order. It is important that this address is correct. Be precise about where you want the goods to be left, should you unexpectedly not be at home when Schrama delivers. Schrama accepts no liability, to the extent permitted by law, for loss of or damage to the goods if they have been delivered in accordance with your delivery instructions.

3.8 Live goods should be scheduled as soon as possible after receipt. We recommend that you open and care for the delivered package immediately after receipt unless you decide you want to exercise your right of withdrawal as described in Article 4.

3.9 You always have the option, without any additional surcharges, to make changes or cancel the order up to the day before the order packing process starts. To do so, please contact customer service. This is only possible if we receive your instructions before your parcel is packed.

4.0 Right of withdrawal

4.1 You have the right to cancel an order up to 14 days from the day you receive the goods ordered. If you wish to exercise this right of rescission, please contact our customer service team at cs@schramas.com we will then send you a withdrawal form with which you can arrange this. Please include all requested details including your customer number and order number. Please do not return the goods to Schrama before you have received the request to do so from Schrama (Schrama always guarantees the quality of the goods and, due to the nature of the goods, can usually not reuse them). By doing so, Schrama wishes to ensure that it does not generate any unnecessary burden on the environment. If you return the goods, they must be sent in their original packaging to the address stated on the invoice. Schrama will refund your payment including the environmental tax and shipping costs.

4.2 The customer shall bear the direct costs of returning the products.

4.3 During the period in which the customer can make use of the right of withdrawal, the customer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the customer may only handle and inspect the product as he would be allowed to do in a shop.

4.4 The customer shall be liable for depreciation of the product resulting from a way of handling the product that goes beyond that permitted in the previous paragraph.

5.0 Prices & payment

5.1 All prices quoted are in local currency and are correct at the time of publication, but may be subject to change.

5.2 Schrama may, within statutory frameworks, inquire into the Customer's ability to fulfil its payment obligations, as well as into all those facts and factors relevant to a responsible conclusion of the (distance) contract. If, based on this investigation, Schrama has good grounds for not entering into the contract, it will be entitled to refuse an order or application or to attach special conditions to its performance, giving its reasons.

5.3 The special conditions as mentioned in 5.2 include, inter alia, the obligation on (partial) prepayment or payment of due invoices that have not been paid.

5.4 All prices are exclusive of shipping costs and include VAT at the current rate. Schrama guarantees that there will be no increase in the stated prices of products in its online shop or orders received during the validity period of these offers. The prices of special offers in the online shop may vary (among themselves). In the event that VAT rates are increased during the term of an offer or price list, Schrama reserves the right to charge such additional amounts to the customer whereby the customer has the option to dissolve the contract within 14 days after Schrama informs the customer of such change.

5.5 If goods are incorrectly priced due to an obvious error or clerical error, either at unit level or as a result of the activation of a promotion, Schrama will not be obliged to supply such goods to you at the incorrect price, at least to the extent that the customer was not justified in relying on such incorrect price. In such circumstances, Schrama may inform you of the correct price and ask you whether you still agree to the changed price.

5.6 Schrama accepts payment for goods in a number of forms as indicated on the website. Payment options depend on the country and ordering channel.

Below is an overview of all payment options and affiliated procedure:

• Direct debit: this authorises Schrama to send a one-off direct debit order to your bank to collect the amount due 5 days after the invoice date, and your bank to debit the amount from your account with Bakker as the recipient. You can instruct your bank to cancel the direct debit within eight weeks of the transfer. Please contact your bank for applicable terms and conditions.
• Bank transfer: you pay the amount to Schrama's account number indicated on the website or on the invoice.
• Credit cards: Enter your card number, expiry date and 3-digit security code (found on the back of your credit/debit card), and place your signature on the order form. Your card will be charged at the time of order placement.

5.7 The Customer is obliged to immediately notify Schrama of any inaccuracies in payment details provided or stated.

5.8 If a customer fails to send the correct payment with its order or if payment is refused for any reason, Schrama will be entitled, upon notice of default, to compensation for the administrative costs of requesting payment. Schrama reserves the right to dissolve the contract or suspend further delivery to you. This is without prejudice to Schrama's other rights.

5.9 If the customer fails to fulfil its payment obligation(s) in time, Schrama will grant the customer a period of 14 days to fulfil its payment obligation(s). After this term and failure to pay, the Customer will owe statutory interest on the amount still due, and Schrama will be entitled to charge the extrajudicial collection costs it has incurred. These collection costs will amount to a maximum of:

• 15% on outstanding amounts up to €2,500;
• 10% on the following €2,500; and
• 5% over the next €5,000;

with a minimum of €40. Outstanding amounts as mentioned in this paragraph also include monetary claims in a currency other than the euro with an equivalent value.

6.0 Warranty

6.1 Schrama provides the following warranty on goods delivered by it:

• On all hardy perennials, shrubs, trees, roses and hedges that need several years to reach maturity, you have a five-year-old growth and flowering guarantee, if correctly cared for by the buyer.
• On all potted plants and annuals, you have one year long growth and flowering guarantee, if correctly cared for by the buyer. The guarantee on these products runs from the date of purchase until the end of the product's first flowering period.
• On all other products supplied, you have one year

6.2 Schrama further guarantees the quality and/or usability of the products delivered in accordance with the specifications provided. The date on the invoice shall be regarded as the effective date of the warranty. If a warranty claim is accepted by Schrama and Schrama requests you to return the product(s), the return costs will be borne by Schrama. Any costs resulting from unsubstantiated claims will be borne by the customer.

6.3 No claim can be made under this guarantee:

• in case of damage resulting from deliberate, culpable or negligent treatment;
• in case of misuse or poor maintenance;
• during normal wear and tear;
• if the product is damaged as a result of non-compliance with the instructions for use.
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7.0 Liability

7.1 Schrama will be liable for damage only to the extent the risk is reasonably insurable.

7.2 Schrama will not be liable for damage in the event of its own fault, culpable action, recklessness, intentional action or other conduct or negligence on the part of the Customer to the extent permitted by reasonableness and fairness.

8.0 Website disclaimer

8.1 Changes to the product range may be made at any time. Schrama will make reasonable commercial efforts to keep the website up to date, but the information and specifications provided are for information only and are subject to change without notice. Photos on the website are usually accurate, but slight variations in colour, shape and size may occur.

8.2 The content of the website is addressed exclusively to persons accessing the site from geographical locations in the delivery area. Schrama is not responsible for the content of other linked websites.

8.3 If any advice or information on the website requires clarification or addition, we recommend that you seek further information from our customer service department. Schrama is not liable for any loss, damage or injury that may arise as a result of following this help, advice or information.

9.0 Intellectual property rights

9.1 The information and advice you may find on the website or in other publications of Schrama are intended for personal use only and should be regarded as no more than a representation of best practices.

9.2 All written text, photographs, designs and content of the website and other publications, together with the selection and arrangement thereof and all software compilations are the copyright property of Schrama or of the persons who have granted a right of use to Schrama in this respect and are protected as such. All rights are hereby reserved.

9.3 No part of this website may be reproduced, mechanically, electronically, including photocopying, or in any manner whatsoever without the prior written consent of Schrama or the holder of the relevant intellectual property right.

9.4 Any names, logos, slogans, or other statements may be a trademark of us or another person or company. Any unauthorised use of a trademark is unlawful. You may not copy, reproduce, transmit, distribute, commercially exploit or create derivative works from such material or content, or assist others to do so. If you become aware of any such distribution or commercial exploitation, you agree to notify Schrama immediately.

9.5 You acknowledge that by posting materials on Schrama's website you grant both Schrama and our licensors and assigns an irrevocable, perpetual, royalty-free, worldwide licence to use the materials, whether within the Schrama domain or otherwise. This licence extends to the copying, distribution, broadcasting, and otherwise transmitting, adapting and editing of the materials.

10.0 Complaints procedure and disputes

10.1 Schrama advises the customer to e-mail complaints to cs@schramas.com. Schrama will endeavour to resolve the complaint to its satisfaction. If this does not lead to a solution, the Customer may use the European Commission's Online Dispute Resolution platform. This platform can be found at http://ec.europa.eu/odr.

10.2 Agreements between Schrama and the customer to which these General Terms and Conditions relate are governed exclusively by Dutch law.

10.3 Any disputes will be settled exclusively by the Amsterdam District Court, on the understanding that Schrama will grant a consumer at least one month's notice to choose the legally competent court.

11.0 Other

11.1 Failure by you or Schrama to enforce a right under these terms and conditions will not prevent you or Schrama from enforcing other rights or from later invoking that right.

11.2 To the extent that any provision of these terms and conditions is held by any court or competent authority to be invalid, illegal or unenforceable in any jurisdiction, that provision shall not be considered part of these terms and conditions, and shall not affect the enforceability of the rest of these terms and conditions nor shall it affect the validity, legality and enforceability of that provision in any other jurisdiction.

11.3 If you are a business user, you agree to indemnify Schrama and/or any of its affiliates and its officers, directors and employees, immediately upon request, against all claims, liability, damages, costs and expenses, including legal fees, arising from any breach of these terms and conditions by you or any other obligations arising from your use of Schrama's website.