Terms & Conditions
The following terms and conditions govern your use of the Flower Power fertilizers services and the materials available therein ("Materials"):
The following words shall mean:
Customer / Buyer: Buyer
Conditions: the terms and conditions set out in this document.
Consumer: an individual who buys or agrees to buy Products and/or Services from Flower Power fertilizers for private use
Contract: any contract between the Buyer and Flower Power fertilizers for the sale and purchase of the Goods.
Delivery Point: the place at which the Buyer collects the Goods.
Indemnify: promise to be responsible for another's loss, damage, liability or penalty including promise to compensate for any loss, damage, liability or penalty which occurs.
Order: request by Customer to purchase Product or Services from Flower Power fertilizers.
Products / Goods: the goods that the Buyer agrees to purchase from Flower Power fertilizers.
Price: the price for the goods excluding carriage, packing and insurance, including VAT shall be the price set out in the current price list at the date on which an order is made.
Seller: Flower Power fertilizers.
Working Day: Monday to Friday excluding bank and other public holidays.
Application of terms
The Contract shall be on these Conditions to the exclusion of any other terms and conditions. Any order for Goods from the Buyer shall be deemed to be an offer to purchase the Goods subject to these Conditions. No terms or conditions endorsed upon, delivered with or contained in any Seller's/Sellers' purchase order, confirmation of order, specification or other document shall form part of the Contract. The Conditions shall not be varied unless any agreement to vary is recorded in writing and signed by the Seller and Buyer. No order placed by the Buyer will be accepted by the Seller until he/she/it/they have/has sent to the Buyer acknowledgement and acceptance of the order on the website. Upon the Seller sending the acknowledgement and acceptance of the order, the Seller and the Buyer will have a binding contract between them. The Buyer warrants that all the details in the order are complete and accurate. The Conditions shall apply to the sale of all Goods. Save as has been specifically provided for in the Conditions, any representations relating to the Goods shall not be effective unless expressly agreed in writing and signed by both the Seller and the Buyer.
The Buyer acknowledges that they have entered into the Contract as a result of their inspection or knowledge of the Goods and not in reliance upon any description given by the Seller. All drawings, descriptive matter, specifications and advertising issued by the Seller are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and shall not form part of the Contract.
Collection of the goods
Unless otherwise agreed in writing by the Seller, he/she/it/they shall make the Goods available for collection at place. The Buyer shall collect the Goods within 14 Working Days of the Seller giving notice to the Buyer that the Goods are ready to be collected. Any date specified by the Seller for collection of the Goods is intended to be an estimate and time for collection is not and shall not be made of the essence of the contract. If no date is so specified, delivery shall be within 30 days. The Seller shall not be liable for any loss (including any loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in making the Goods (even if caused by his/her/its/their negligence). If the Seller fails to make the Goods available for collection by any estimated date for collection or if no estimated date for collection is given, within 30 days, the Buyer may terminate or rescind the Contract upon giving notice to Seller for delivery days notice.
Title and risk
Title and ownership to the Goods shall not pass from the Seller to the Buyer until the Seller has received the Price in full together with all other sums payable by the Buyer to the Seller.
The Goods shall be at the risk of the Seller up until he/she/it/they give/gives notice that the Goods are available for collection and after signing for receipt they shall be at the risk of the Buyer.
Acceptance of products on delivery, "cooling off" and rights of return and cancellation
Customer should notify Flower Power fertilizers promptly: following delivery of any missing, incorrectly delivered, incorrect specification, or otherwise not as ordered Products or Products which are either in damaged packaging or are visibly damaged, following discovery of any non-visible damage or defect in Product supplied. Where Product can be returned to Flower Power fertilizers by Customer under the terms of this Agreement, it should be made available for collection at a time which is mutually convenient insofar as possible. Customers should act reasonably in complying with a request by Flower Power fertilizers to collect Product at a particular time.
Consumers may cancel their Orders for any reason until, but no later than: the end of the 7th "working day" (days other than weekend days and public holidays) after the day of receipt of the Product and/or of the Service Order Confirmation (as applicable); or the end of the 7th working day after the date when all such information required by law is supplied.
On cancellation of Products Consumer is obliged to return the goods to Flower Power fertilizers in their original condition, undamaged and at the cost of Consumer. Consumer shall take reasonable care to ensure that the goods are not damaged whilst in transit using means arranged by Consumer. Whilst in possession of the goods Consumer shall be under a duty to take reasonable care of them. Flower Power fertilizers shall take action against Consumer for goods returned which have been made unfit for resale or damaged whilst in the possession of Consumer.
On cancellation of the Order Flower Power fertilizers will refund the price paid, within a period of 30 days from date of cancellation.
Payment shall be made before supply of Product or Service. Flower Power fertilizers may suspend delivery of Product or Service until full payment is received. If Flower Power fertilizers has delivered Product and/or Services and the Product and/or Services remain neither paid for nor made available for collection when reasonably demanded then Flower Power fertilizers may recover the outstanding payment and/or Product and the recovery costs are to be paid by the Buyer.
If the Seller is not the manufacturer of the Goods, he/she/it/they shall transfer the benefit of any warranty or guarantee that he/she/it/they have/has been given. The Buyer accepts that he/she/it/they buys or is deemed to buy the Goods as seen and in the condition they are at the time the order is placed. The Seller warrants that the Goods shall be: of satisfactory quality within the meaning of the dutch law and reasonably fit for their purpose. If any of the Goods do not conform with the warranty in condition. the Seller shall collect the Goods and may: carry out repairs to the Goods; replace the Goods or any defective part; or refund the price of such Goods. The Seller shall deliver any repaired or replacement Goods to the Buyer's premises.The Seller's liability for breach of warranty as set out in clause LIMITED WARRANTY shall be limited to complying with condition and shall not have further liability.
Flower Power fertilizers represents and warrants that it has the right and authority to make the Goods available pursuant to these General Terms and Conditions. All services and materials are provided on an "As Is", "As Available" basis and Flower Power fertilizers and each third party supplier of materials expressly disclaim all warranties, including the warranties of merchantability and fitness for a particular purpose.
Limitation of liability
The Seller shall not have any liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Seller or in any other way out of or in connection with the performance or purported performance of or failure to perform the contract except: for death or personal injury resulting from the Sellers negligence; and as expressly stated in these conditions. The Seller shall not be liable for any defect arising from any design or specification provided or made by the Seller or if any adjustments, alterations or other work has been done to the Goods by any person except the Seller or his/her/its/their authorized agent.
Only individuals authorized by Flower Power fertilizers may access and use the website www.flowerpowerfertilizers.com. You may not use an ip address to access www.flowerpowerfertilizers.com from outside the country for which it was issued. Your ip address may be restricted from accessing certain Materials otherwise available in www.flowerpowerfertilizers.com. Materials and features may be added to or withdrawn from www.flowerpowerfertilizers.com and the Services otherwise changed without notice.
You agree to use Flower Power fertilizers websites in accordance with the following Rules. These apply across all Flower Power fertilizers websites and services.
About the law:
You may not submit any defamatory or illegal material of any nature in Flower Power fertilizers websites. This includes text, graphics, video, programs or audio. Contributing material with the intention of committing or promoting an illegal act is strictly prohibited.
If you're under 18:
Flower Power fertilizers does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Flower Power fertilizers websites only with involvement of a parent or guardian. Flower Power fertilizers and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
If you fail to abide by these website Rules (and/or any variations in the relevant local house rules) when taking part in a Flower Power fertilizers website, you will be sent an e-mail which informs you why your contribution has been failed or edited. This mail will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. This action may include your relevant account or accounts being placed into pre-moderation or a temporary or permanent suspension of your ability to participate in any or all of Flower Power fertilizers websites.If you post or send offensive or inappropriate content anywhere on or to Flower Power fertilizers websites or otherwise engage in any disruptive behavior on Flower Power fertilizers websites, and the Flower Power fertilizers network considers such behavior to be serious and/or repeated, Flower Power fertilizers may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement/s. Flower Power fertilizers reserves the right to delete any contribution, or take action against any account, at any time, for any reason.
Contribution to Flower Power fertilizers OR www.flowerpowerfertilizers.com
The Seller may sub-contract the performance of any of its obligations under the Agreement to any parent, subsidiary or associated Company but the sub-contracting shall not relieve it of any liability under the Contract. The Seller and the Buyer shall not assign, delegate or otherwise deal with all or any of their rights and obligations under the Contract.
If the performance of the Contract or any obligation under it is prevented, restricted, or interfered with by reason of circumstances beyond the reasonable control of the Seller and he/she/it/they gives prompt notice to the Buyer, the Seller shall be excused from the performance to the extent of the prevention, restriction, or interference, but the Seller shall use his/her/its/their best endeavors to avoid or remove the causes of non-performance and shall continue performance under the contract with the utmost dispatch whenever the causes are removed or diminished.
If there is any conflict between these terms and specific terms appearing elsewhere (including local house rules) then the latter shall prevail. Each right or remedy that the Seller and the Buyer has under the Contract is without prejudice to any other right or remedy that may exist. In the event that any provision of the Contract is declared by any judicial or other competent authority to be void, void able, illegal, or otherwise unenforceable or if an indication to that effect is received by either the Buyer or the Seller from any competent authority, the Buyer and the Seller shall amend that provision in such reasonable manner as achieves the intention without illegality. If the Seller or the Buyer: fails or delays to exercise any right or remedy, it shall not operate as a waiver of it; and partially exercises any right or remedy, neither of them shall be precluded from further exercising the right, remedy or other power. Any waiver of a breach of any provision of the Contract shall not: be deemed to be a waiver of any subsequent breach or default; and affect the other terms of the Contract. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. These terms shall be governed by and interpreted in accordance with the laws of The netherlands.
The names, images and logos identifying the Flower Power fertilizers, or third parties and their products and services are subject to copyright, design rights and trade marks of the Flower Power fertilizers and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of the Flower Power fertilizers or any other third party.
These General Terms and Conditions, including the Additional Terms, may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your applicable price schedule; all other provisions may be changed by Flower Power fertilizers immediately upon notice. If the price for a product is changed to a lower price when the product is in transit to the buyer and the buyer has not signed for receipt, Flower Power fertilizers will refund the difference to the buyers account. Flower Power fertilizers may terminate the subscription for access to the website www.flowerpowerfertilizers.com. The effective date of termination shall be ten days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. Flower Power fertilizers may suspend or discontinue providing the Services to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Services by the provider thereof. The failure of the provider of the Services or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. The subscribing organization or individual may not assign its rights or delegate its duties under the subscription to access the Services without the prior written consent of the provider of the Online Services. These General Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of the Netherlands. Each third party supplier of Materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.
This agreement, the interpretation and execution thereof, and the relationship between you and FlowerPowerFertilizers.com, shall be governed by, and construed in accordance with, the laws of the Netherlands. Any claim or dispute arising either directly or indirectly out of this agreement shall be brought before the competent court of Amsterdam, which court shall have exclusive jurisdiction. Notwithstanding the foregoing, FlowerPowerFertilizers.com shall have the right to institute any legal proceedings against you before the competent court in your home jurisdiction or elsewhere.
All our orders are regulated by the dutch law for buying on distance. Click here to read the dutch text.
Disclaimer of warranties and limitation of liability
THIS SITE IS PROVIDED BY FlowerPowerFertilizers.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. FlowerPowerFertilizers.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
FlowerPowerFertilizers.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FlowerPowerFertilizers.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FlowerPowerFertilizers.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.