General terms and conditions of sale and delivery

  1. As soon as the buyer has placed an order with Wuloplant, he/she accepts present general terms and conditions of sale and delivery. The buyer cannot appeal to his/her own general terms of purchase.
  2. All offers are subject to change.
  3. Wuloplant considers an order, even placed by a third party, to be legally binding only after having received a confirmation in writing. The presentation of a pro forma account is not valid as a confirmation in writing.
  4. 3. Wuloplant has the right to cancel an order without any compensation, even after having received a confirmation in writing:
    • In case of non-observance of a previous agreement;
    • In case the information obtained is considered to be unsatisfactory by Wuloplant;
    • In case it concerns an Act of God or a bad crop
      • In other words: war, strike, rebellion, mutiny, unfavourable climatic circumstances or prospects or any circumstances because of which a normal delivery and/or shipment cannot be assured.
  5. 4. In case the buyer should cancel an order partially or completely, he/she is compelled to reimburse Wuloplant for the lost earnings, as agreed in the contract, which is 20% of the cancelled amount.
  6. Prices are fixed in EURO, unless stated otherwise. Prices are subject to change.
  7. Further growth and bloom of the plants bought and delivered are not guaranteed. The plant pathology certificate, issued by the Belgian Services for the Protection of Plants, is considered to be valid for both parties, even if the services of the destination do not recognise the certificate to be legitimate.
  8. In case the ordered and confirmed goods cannot be delivered according to the varieties and measures the client asked for, Wuloplant has the right to replace the ordered plants by equivalents, unless stated otherwise.
  9. The goods should be received at Wuloplant’s offices. All dispatching details are to be supplied with the order. In case the buyer does not give all necessary instructions with his/her order, the delivery of the order occurs in the best interest of the buyer to the best of Wuloplant’s abilities.
  10. Packaging costs and all other costs will be taken into account. COD parcels: The goods will be dispached at the expense of the buyer. Moreover, the goods are only insured, either against regular transport damages, either against “ALL RISKS” (as described in the insurance policy), when explicitly requested for by the buyer at his/her expenses, and if the insurance order is accepted by a local insurance company.
  11. Complaints: In case of transport damages, the buyer should, immediately after arrival of the goods inform the conveyor and the insurance company via an attached average agent. Other complaints will only be taken into account if confirmed in writing, at the latest, eight days after arrival of the goods.
  12. Payments: All invoices are payable at Kalken, net without any discounts, either reimbursements, either documentary credit, unless stipulated otherwise. In the absence of an explicit agreement, payment shall be carried out within thirty days after the invoice date, net without any discounts. In case of a delayed payment, the amount due will increased with an interest of 1% a month, legally and without reminder. Moreover, the buyer remains legally liable for any exchange losses due to the delay. In case the buyer does not pay the amount due within 8 days after having sent a reminder, the amount due will be increased with a compensation of 10% as stipulated, with a minimum of 50 euros, exclusive of any legal costs and any delay interests.
  13. Judicial authority: The legal Courts of Ghent are authorised to settle any dispute. The buyer has the right to deposit a dispute at the Court of his/her place of residence or any other legal Court.
  14. B/E: The buyer is authorised to draw a bill on Wuloplant. The fact of drawing of a bill does not implicate a review of a debt nor a deviation of present terms and conditions of sale.
  15. The delivered goods remain the sole possession of Wuloplant until the buyer has settled all claims. In case of justified misgivings concerning the financial means of the buyer, Wuloplant is authorised to postpone all services, until the buyer has provided Wuloplant with enough payment security, or to end the agreement by termination and/or to retrieve the goods at once in case the buyer is unable to provide payment security within 14 days after notice to pay.