General Terms and Conditions

1. These general terms and conditions of sale apply to every agreement to which Espaliers bv is a party. Our general terms and conditions of sale always take precedence over any conditions set by the buyer, unless otherwise agreed in writing in advance.
2. All our quotations are provided for information purposes only and may in no way be regarded as an obligation on our part. When placing an order, whether or not via an offer, the customer expressly acknowledges having read these terms and conditions and accepts them in their entirety without reservation. The estimates and quotations are based on the current values of wages and materials while stocks last. Should these undergo any changes, we reserve the right to adjust the prices accordingly.
3. The online plant list contains articles that are in our range, there you will see the current price.
4. Espaliers bv always reserves the right to ask the customer for full payment upon ordering from its registered office before proceeding to execute the agreement.
5. Orders and agreements may only be placed in writing via the contact form on the website or by e-mail. Orders placed by telephone are only valid after written confirmation by Espaliers bv. If applicable, a VAT number must be provided upon ordering.

6. Cancellation of the order shall only be possible if requested in writing by the buyer no later than 48 hours after the order is placed and provided it is confirmed in writing by Espaliers bv. In the event of cancellation, the buyer shall owe fixed compensation equal to 40% of the total value of the order, without the seller having to prove that it has suffered any loss as a result.
7. If the buyer fails to collect the ordered goods on the date communicated by him, the guarantee scheme shall lapse. After a period of 7 calendar days has elapsed, we reserve the right to regard the agreement as dissolved without prior notice of default. In that case, the buyer shall owe a fixed compensation equal to 40% of the total value of the order.
8. The goods/services are provided as described in the offer, e-mail or invoice. The buyer is obliged to check the delivered goods/services immediately and count them upon receipt.

9. By taking delivery of the merchandise, the buyer expressly acknowledges that the merchandise corresponds to his order and is free of any visible defect. 
When products are selected on site by the customer or signed in advance: In this case, the customer agrees to any defects in the products. Except by written agreement between buyer and seller, no goods will be taken back. A compensation of 40% will be charged on the returned merchandise. No goods sold may be returned without the prior consent of Espaliers bv. Under no circumstances shall the return of goods suspend the buyer's payment obligation. 
10. Deadlines are given by way of information only and are not binding on the seller. If we are unable to execute the contract as a result of force majeure (weather conditions, scarcity, harvest failure, strike, etc.), we reserve the right to postpone or terminate the contract without claiming any compensation. Changes to the order automatically invalidate the predetermined delivery dates.
11. No compensation can be claimed by the buyer for any reason.
 exceed that of our suppliers.

12. The goods are shipped at the buyer's risk, even when carriage-paid delivery has been agreed. Under no circumstances can the seller be held liable for damage, theft, heating, frost damage and loss during the time of transport. The transport costs as stated in the quotation shall, unless otherwise stipulated, be borne by the buyer. The goods are unloaded in the vicinity of the vehicle coming to unload the goods, unless otherwise agreed. For products from stem circumference 16/18 cm or in pot from 110 litres, machines are provided by the customer unless otherwise agreed. The contact person must be present and sign for receipt of the goods. If no one can be present at the time of delivery, photographs will be taken as proof.
13. It is the customer's responsibility to provide Espaliers bv with the correct yard address as well as any important information (road works, dead-end street, tonnage restriction, car-free/left street...) relevant to the delivery. If during delivery it becomes apparent that due to (possibly temporary) circumstances that were not reported to Espaliers bv prior to delivery, it is not possible to make the delivery in a safe and responsible manner, Espaliers bv shall be entitled to cancel the delivery. Any additional costs incurred as a result of such cancellation or change of address shall be borne in full by the customer.

14. Complaints regarding the merchandise must reach us via info@espaliers.eu including photos within 24 hours of taking delivery of the merchandise and furthermore before any use or pre-sale of the goods.
15. Our warranty obligation with regard to defects in the goods delivered does not extend beyond that of our suppliers.

16. We reserve the right to consider the agreement terminated by operation of law and without prior notice of default in case of bankruptcy, apparent insolvency as well as in case of any change in the legal situation of the buyer.
17. The end customer cannot shift/claim responsibility onto Espaliers bv if the agreement cannot proceed due to unclear photos, incorrect communication passed on by the customer/end customer.
18. In the event of disputes with third parties, Espaliers bv cannot be held responsible. The customer must enquire about the municipal statutory planting distance from the plot boundary, as well as check the subdivision regulations. Espaliers bv only has an advisory obligation regarding the permitted planting distance from the plot boundary. The location where trees are planted is always the responsibility of the client/end customer.

19. When specifying contact details, the customer agrees that invoicing is done electronically on the specified contact details.
20. The protest against the invoice shall be made by registered letter within 8 days from the invoice date, specifying the date, invoice number and detailed justification.
21. Delivered and/or placed goods, are at the risk of the buyer/customer from arrival, and remain the property of Espaliers bv until full payment of the invoice and any costs upon collection by operation of law. Advances paid remain acquired by the seller as compensation for possible losses on resale.

22. All invoices are payable by bank transfer according to due date mentioned on invoice or by bancontact on collection at the nursery. No payment discounts are allowed on the amount. Prior to receiving the goods, we would like to receive proof of transfer by e-mail. In case of a joint purchase, the person passing on the order is responsible for its full payment. Late payment of the invoice voids all after-sales service. We reserve the right to invoice the goods according to the delivery, even if it is partial.
23. If an invoice has to be made out again afterwards because of an administrative change at the customer's request (change of name, company name, address, VAT code, etc.), the administrative costs, i.e. EUR 25, shall be borne by the customer.

24. In case of full or partial non-payment of the invoice on the due date, the seller will send the customer a free reminder to pay the amount due. If the customer does not pay within this period, the outstanding amount shall be increased by an annual interest rate of 12.5%, calculated from the calendar day following the day on which the free reminder was sent to the customer, as well as by a lump-sum compensation of: 
(a) 20 euros if the balance due is less than or equal to 150 euros;
b) 30 euros plus 10% of the amount due on the tranche between 150.01 and 500 euros if the balance due is between 150.01 and 500 euros;
(c) €65 plus 5% of the amount due on the tranche above €500 with a maximum of €2,000 if the balance due is above €500. 

25. Late payment will void all our after-services & warranty.
26. In case of late payment of 1 single invoice, the due balance of all other invoices, even those not due, shall become immediately due and payable by operation of law.
27. We reserve the copyright to all documents made such as advice, sketches & designs, drawings, sketches and the like. These remain our property and may not be copied, disclosed or provided to third parties by the customer without prior consent.

28. The nullity of one or more provisions of these general terms and conditions shall not entail the nullity of the general terms and conditions as a whole.
29. All our agreements are governed by Belgian law. In the event of a dispute, only the courts where Espaliers bv's registered office is located have jurisdiction.
30. Diversion of charge. In the absence of a written dispute within a period of one month after receipt of the invoice, the buyer shall be deemed to acknowledge that he is a taxpayer required to submit periodic returns. If that condition is not fulfilled, the customer shall be liable for payment of the tax, interest and fines due in respect of that condition. 

31. We choose not to work with a standard product warranty scheme because it is time-limited and thus irrelevant to our industry. Our system is based on shared responsibility. You are responsible for the minimum attention/watering the tree needs. Especially in the first years after planting. No guarantee applies to our services. As soon as you notice anything, we ask you to send clear photos (detail photo' + photos from a distance) within 24 hours via info@espaliers.eu.