General Terms and Conditions PlantConnect
Read the general terms and conditions PlantConnect for Catalogue and webshop.
General Terms and Conditions PlantConnect
Article 1. Definitions
In the General Terms and Conditions in question, the following
terms have the following meanings:
1. PlantConnect.nl: the PlantConnect.nl Internet portal developed by Royal FloraHolland that contains the supply of ornamental plants and flowers from suppliers and/or growers' associations affiliated with Royal FloraHolland that can be immediately traded.
2. Rules of Play: additional rules and regulations that refer to the (operational) data and requirements with regard to participation in PlantConnect.nl, its Catalog and/or Webshop.
3. User(s): the supplier(s), growers' association(s) and/or buyer(s) who are affiliated with Royal FloraHolland and who have subscribed and/or registered in this capacity for participation in PlantConnect.nl.
4. User-supplier: the supplier(s) and/or growers' association(s) affiliated with Royal FloraHolland and who have subscribed and/or registered in this capacity for participation in PlantConnect.nl.
5. User-Buyer: the buyer(s) who are affiliated with Royal FloraHolland and who have subscribed and/or registered in this capacity for participation in PlantConnect.nl.
Article 2 Admission; Applicable Terms and Conditions
1. PlantConnect.nl is available to Users who have
registered with Royal FloraHolland with the exception of the Users
that Royal FloraHolland has excluded from participation as stated
in these General Terms and Conditions.
2. Registration for PlantConnect.nl occurs when the completed and signed agreement for participation in PlantConnect.nl is made available to Royal FloraHolland. Royal FloraHolland will make an access code available to the User as soon as possible after receipt thereof.
3. The usernames and related passwords that have been issued to the User are strictly personal. The User shall always be deemed liable for acts that take place through the username and/or password that has/have been issued to him/her, including unauthorized use.
4. In the event of an amendment of representative authority of/at the User, the User is required, regardless of registration in the public records, to indicate such amendment to Royal FloraHolland in writing, in the absence of which such amendment cannot be held against Royal FloraHolland.
5. The provisions made in the Rules of Play, the provisions made in the Royal FloraHolland Auction Regulations and in, in particular, the provisions made in the General Terms and Conditions of Royal FloraHolland Connect apply in addition to the provisions made in these General Terms and Conditions with regard to the use of PlantConnect.nl, its Catalog and/or Webshop and the agreements between Users amongst themselves that arise from this. Should there be any contradictions between the different provisions, terms and conditions, the following order of priority shall apply:
- The provisions made in the PlantConnect.nl General Terms and Conditions;
- The provisions made in the Rules of Play;
- The provisions made in the Royal FloraHolland Connect General Terms and Conditions and/or in the Royal FloraHolland Auction Regulations.
Article 3 Maintenance/correction of defects/reporting defects
1. Maintaining PlantConnect.nl will occur only by or on behalf
of Royal FloraHolland. Royal FloraHolland will endeavor at all
times to correct any defects as soon as possible.
2. If no data are available or in the event of defects in or of PlantConnect.nl, the User must report this by telephone to Royal FloraHolland Connect Info help desk during business hours. The telephone numbers are: +31 (0)17 463-5555 or +31 (0)29 739- 3003.
Article 4 Term & Termination
1. The participation in or subscription to PlantConnect.nl
becomes operative on the day in which Royal FloraHolland receives
from the User the completed and signed agreement for participation
in PlantConnect.nl for the agreed term, namely:
a.) In the case of a User-supplier for an indefinite period, with the exception of cancellations. A User-supplier's cancellation must be made in writing by e-mail, fax or letter with due observance of a period of notice of three (3) months.
b.) In the case of a User-buyer for:
- Four (4) weeks in the case of a trial subscription that has been issued once;
- Three (3) months in the case of a three month subscription;
- Six (6) months in the case of a six month subscription;
- One (1) year in the case of an annual subscription.
The trial, 3 month and 6 month subscriptions may not be cancelled early. A User-buyer's cancellation of the annual subscription must be made in writing by e-mail, fax or letter, with due regard for a notice period of three (3) months before the end of the annual subscription.
2. Royal FloraHolland is entitled to terminate with immediate effect the participation or subscription, without judicial intervention, without further notice and without being required to make any damage compensation and/or restitution of any amounts already paid, regardless of any rights further accruing to Royal FloraHolland, in the event of:
a) bankruptcy, suspension of payment of the User or an application to that effect;
b) a significant portion of the User's business assets being attached;
c) termination or liquidation of the User's business;
d) on merger and/or acquisition of the user;
e) an abuse or attempted abuse and/or electronic infiltration (hacking) of the system by the User;
f) an action and/or omission on the part of the User with respect to Royal FloraHolland contrary to the law and/or the applicable Royal FloraHolland General Terms and Conditions, Rules of Play and/or Royal FloraHolland Auction Regulations as well as if the User's actions or omissions gives cause to that end in other respects.
Article 5 Fees/Subscription charges
1. A User does not owe Royal FloraHolland any usage charge or
subscription fee for the use of PlantConnect.nl.
2. For each transaction the User arranges or conducts via PlantConnect.nl, the User owes Royal FloraHolland the standard commissions, cost and/or levies, etc. If a usage charge is owed, the payment will be collected by Royal FloraHolland from the User at the end of every 4-week period throughout the duration of the agreement.
3. Royal FloraHolland is entitled to settle the payments specified in this article against the User's account.
4. Royal FloraHolland is entitled to change the specified payments. Royal FloraHolland will inform the User of such a change in an adequate manner.
Article 6 Liability; Indemnification
1. Royal FloraHolland cannot be held liable for any damage
caused by and/or in connection with the use of PlantConnect.nl by
the User and/or the late or incorrect provision of information or
details, with the exception of intent or willful recklessness by
Royal FloraHolland and/or its staff.
2. Royal FloraHolland is not liable for the consequences of defects in the data/telecommunication infrastructure (including PlantConnect.nl software).
3. Royal FloraHolland cannot be held liable for indirect damage.
4. In the event of a dispute between Users, Royal FloraHolland can only act as a mediator.
5. The User shall indemnify Royal FloraHolland for claims from third parties that arise from acts or omissions by the User that are contrary to the General Terms and Conditions and PlantConnect Rules of Play, Royal FloraHolland Auction Regulations and/or legislation and regulations in question.
Article 7 Exclusion
1. Royal FloraHolland retains the right to exclude the
User from using and/or participating in PlantConnect.nl for a
specific or indefinite period of time in accordance with the
requirements of reasonableness and fairness should he or she act
contrary to these General Terms and Conditions and/or if the User's
acts or omissions should give cause to this in some other way. This
exclusion can be conditional or unconditional.
2. Royal FloraHolland shall be entitled to immediately exclude the User unconditionally for an indefinite period of time should the User (attempt to) abuse and/or electronically hack the system. The User is fully liable for all losses due to abuse or electronic hacking.
Article 8 Final Stipulations
1. Royal FloraHolland retains the right to charge for
costs rising from the use of PlantConnect.nl as well as to amend
the General Terms and Conditions and/or the Rules of Play. Changes
are announced through the publication in the Royal FloraHolland
announcements newsletter and apply as from four weeks after the
date of publication. If the User does not agree to or with the
amendment concerned, then the User has the right to cancel the
use/the agreement within a period of four weeks before the date on
which the amendment goes into effect. If Royal FloraHolland does
not receive a written communication from the User within this
period, Royal FloraHolland shall assume that he/she agrees.
2. The User shall refrain from making announcements, passing on information or making data available to others indirectly or directly regarding whatever information whatsoever that they have become aware of through PlantConnect.nl and regarding which they understand or should have understood in all reasonableness that this information can cause another party to suffer damages in some way and/or is not otherwise intended to be made known to third parties. This shall, in any case, include the offers of other User-suppliers.
3. The intellectual property (rights) of PlantConnect.nl is vested in Royal FloraHolland. Data and/or other information of or originating from PlantConnect.nl may not be issued to third parties without permission from Royal FloraHolland.
4. By using PlantConnect.nl, the User grants permission to have his or her name and address data and telephone, fax and administration numbers made known to third parties, should this be beneficial to the trade in ornamental plants and flowers, as well as when this is required based on civil or criminal law. Furthermore the User assents to the registration and processing of his/her details, transaction details and log-in behavior by Royal FloraHolland and their provision to the User-supplier(s) whose product(s) it regards, if it so benefits marketing purposes and to control and be able to control improper use. The User is aware that other suppliers and buyers registered with Royal FloraHolland can become aware of the data included on PlantConnect.nl by the User.
5. Any complaints must be submitted to Royal FloraHolland Connect. Obligations with regard to PlantConnect.nl and any disputes that may arise from this shall only be governed by Dutch law. Any disputes between Users amongst themselves can be submitted to the arbitration board appointed by the Association of Flower Auctions in the Netherlands (VBN) and the Association of Wholesalers in Flower Nursery Products (VGB) regarding which the secretariat is established at the following address: Postbus 220, 2670 AE Naaldwijk, the Netherlands.
6. Only Dutch law applies to these General Terms and Conditions and/or PlantConnect.nl Rules of Play. All disputes that may arise between Royal FloraHolland and the User(s) shall only be resolved by the competent court in Amsterdam.