Our General Terms of Sale – Last Updated december 11th, 2021
1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply products to you, when you order via our website www.potted.nl, including regional/language subdomains (our "Website") and/or by telephone, website chat, using our Client Service team.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1. Who we are. We are Potted B.V. a Dutch company with registered office at 313 Legmeerdijk, 1431 GB Aalsmeer, Netherlands, and/or its affiliates (“Potted”). You can get the name and address of the entity acting in your jurisdiction, here.
2.2. How to contact us. You can contact us by telephone, website chat and/or contact form in the Client Service section of our website, Monday to Friday from 9 am to 9 pm, excluding public holidays or by writing to us at Potted Customer Client Service, 313 Legmeerdijk, 1431 GB Aalsmeer or by sending us an email using firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails and SMS. When we use the words "writing" or "written" in these terms, this includes emails and SMS.
3. Our products
3.1. Information about our products. Information about the range of products sold via our telephone order service or via our Website is available, with product references, on our Website.
3.2. Personalised Products. In these terms, where we refer to “Personalised Products” we mean any products that are made to your order and instructions including any alterations to our standard products carried out for you.
3.3. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and/or sizes accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4. Placing orders and our contract with you
4.1. Placing orders. All orders are subject to availability. Orders can be placed as follows:
4.1.1. By telephone: Orders can be placed in English or in Dutch with our Client Service team by calling tel. no. +31 85 208 17 76 (local rate), Monday to Saturday from 9.30 am to 8.00 pm, and Sunday from 9.30 am to 5.30 pm, excluding public holidays.
4.1.2. By email: Orders can be placed with our Client Service team by mailing email@example.com and/or personal emails of Client Service team.
4.1.3. By chat: Orders can be placed with our Client Service team by chatting with Client Service team on our website.
4.1.3. Via our Website: Orders can be placed on our Website (including regional/language subdomains).
4.2. We deliver around the world excluding restrictions. Unfortunately, we do not deliver some products to some countries according the restriction, for example, house plants with ground to the USA.
4.3. You must be 18 or over. We only accept orders from customers aged 18 and over.
4.4. We only sell our products to final customers and professionals with no time and/or quantities limits.
4.5. Making sure your personalisation details are accurate. If we are personalising products in accordance with details you have given us you are responsible for ensuring that these details are correct.
4.6. Your account with us: When placing an order for the first time, you may either check in as a guest or open an account with us. If you place a telephone order we will take the necessary details from you by telephone. Otherwise, all steps necessary for placing an order are detailed on our Website.
4.7. Order acknowledgement. We will acknowledge receipt of your order without delay by sending a confirmation email, but this confirmation email does not constitute acceptance of your order.
4.8. How we will accept your order. Our acceptance of your order will take place when we email you and tell you we have accepted it, at which point a contract will come into existence between you and us.
4.9. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified, or if the order is considered to be fraudulent or otherwise made in breach of these Terms of Sale. In such case, you will be notified in Writing and we will not charge you for the product(s).
4.10. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5. Price and payment
5.1. Where to find the price for the product. The price of the product in different currencies which includes VAT (and, except where otherwise stated on our Website or notified to you by telephone, delivery costs) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Condition 5.4 for what happens if we discover an error in the price of the product you order.
5.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
5.3. We will not provide VAT-refund services. We do not provide VAT-refund service for orders placed on our Website or by telephone.
5.4. What happens if we got the price wrong. It is always possible that, despite taking all reasonable care, some of the products we sell may be incorrectly priced. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order at the correct price. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
5.5. How you must pay. We accept payment by credit card (Visa, MasterCard and American Express), PayPal, or other payment methods as they become available from time to time by notice on our Website. We will place on our Website details of other payment methods as they become available from time to time. Payment must be made in your preferred currency. In case of a payment by bank transfer, we will send you Potted’s bank details by email.
5.6. When you must pay. You must pay before goods are dispatched to you. You will be debited once you have placed your order and it has been accepted by us, except that for payment by Sofort Bancontact or Ideal, you will be debited immediately as your order is received by us. If we do not accept your order, we will refund any payments received within 14 business days. We will inform you by email once the Products have been dispatched.
5.7. Failure to pay. If your payment cannot be processed for any reason (including, for example, stopped payment, refusal by the issuer of the card), your order will be cancelled and the contract with you ended immediately. We will inform you of this in writing.
5.8. Security measures.
5.8.2. To ensure that your credit, debit or charge card is not being used without your consent, we will validate the name, address and other personal information supplied by you during the order process against appropriate third party databases. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
5.8.3. If an order placed by you is considered to be fraudulent or otherwise made in breach of this Terms of Sale, the sale will be cancelled immediately, and in the event that any sums have already been debited to you, they will be refunded within 14 business days after such notification.
6. Providing the products
6.1. Delivery costs. The costs (if any) of delivery will be as displayed to you on our website.
6.2. When we will provide the products. For all products: During the order process we will let you know when we will provide the products to you, and if no deadlines are given, within 2-10 days depending on the region and/or method of delivery from order confirmation, subject to full payment of the price.
6.3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4. Pickup Service. If you choose to collect your order from one of our warehouses offering the Pickup service, you can collect the order from us at any time after the date we tell you in writing, during the opening hours of the relevant warehouse. Please note that your order will be kept in-warehouse for 15 days after which period, we will end the contract, the products will be returned to us and/or disposed of, and we will not refund any sums you have paid to us for the canceled order including delivery charges.
6.5. Pickup ID checks. When using our Click & Collect service, we carry out the following checks, which are necessary to make sure that the order is collected by you or someone authorised by you:
6.5.1. you will be required to show your order delivery confirmation email, photographic ID such as a passport, Identity Card or photocard driving licence and the payment card used to pay for the order;
6.5.2. if you authorise someone to collect your order on your behalf, please make sure that they bring with them to the store, the delivery confirmation e-mail, your photographic ID, their own photographic ID, the payment card used to pay for the order and a letter of authorisation signed by you;
6.5.3. we regret that copies of the documents mentioned in Conditions 5.5.1 and 5.5.2 cannot be accepted.
6.5.4. we will make and keep copies of all photographic ID documents and we will take appropriate steps to keep your information secure.
If for any reason you do not wish to comply with the procedures set out in this Condition 5.5, we regret that you will not be able to use our Pickup service.
6.6. If you are not at home, office and/or flower shop when the product is delivered. If no one is available at your address to take delivery, we will leave you a note asking you to contact our Client Service team in order to arrange an alternative delivery date.
6.7. If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and Condition 9.2 will apply.
6.8. Delivery of gifts. In the case of a gift:
6.8.1. you may arrange for products to be delivered to a third party of your choice, provided always that the delivery address satisfies the requirements of Condition 4.2 above;
6.8.2. if you choose our Pickup Service, the third party may collect the products from one of our stores offering the Pickup service, but the third party will need to provide the documents set out in Condition 6.5.2.
6.9. Your legal rights if we deliver products late. You have legal rights if we deliver any products late or we are late in making the products available for collection by you. If we miss the delivery or collection deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
6.9.1. we have refused to deliver the products or to make them available for collection by you;
6.9.2. delivery or collection by you within the delivery deadline was essential (taking into account all the relevant circumstances); or
6.9.3. you told us before we accepted your order that delivery or collection by you within the delivery deadline was essential.
6.10. Setting a new deadline for delivery/collection. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Condition 6.9, you can give us a new deadline for delivery or for collection by you, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.11. Ending the contract for late delivery/collection. If you do choose to treat the contract as at an end for late delivery under Condition 6.9 or Condition 6.10, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must allow us to collect them from you and/or you can dispose of them yourself at our request. Please call our Client Service Team or email us to arrange collection.
6.12. Weighing products. Please note that all packages containing products to be delivered to you or collected by you will be weighed by us prior to their dispatch.
6.13. Damage. If, at the time of delivery or collection by you, the packaging is damaged, please open the package in the presence of the carrier or store assistant (where you have chosen our Pickup Service) in order to verify the condition of the products. In the case of delivery, where there is damage to the products, you should note the details on the delivery note and contact our Client Service team as set out in Condition 2.2. If we deliver products to you and products are lost or damaged by our carrier we will replace the products free of charge (including costs of re-delivery) but only where:
6.13.1. You tell us in writing within 24 hours of the actual delivery date in the case of damage and within 24 hours of the delivery date notified to you when you placed your order in the case of lost items (this is so that we will be able to meet our carrier's conditions of carriage);
6.13.2. You produce to us any receipt or other documents relating to the products and (in the case of damaged items) the photo(s) of the original packaging for the products complete with all related accessories, instruction booklets, labels, protective covers and boxes.
6.14. When you become responsible for the products. The products will be your responsibility from the time we deliver them to the address you gave us or, if you choose to collect your products from one of our warehouse offering the Pickup service, when you collect them from us.
6.15. When you own products. You own the products on the later of the following:
6.15.1. once we have received payment in full;
6.15.2. once the products have been delivered to you or collected by you using our Pickup Service.
7. Exchanging products
7.1. In addition to your legal rights, and your right to change your mind described in Condition 8, we operate an exchange policy for our customers in respect of items delivered, subject to the conditions below.
7.2. Within 30 days after the date of delivery, you may exchange the items in question by using one of the two methods below except in the case of cut flowers and house plants where the exchange may not be made. Please note that products must be returned in their original packaging, complete with any related accessories or instruction booklets, labels, protective covers and boxes, together with the original invoice and the Return Voucher. You may:
7.2.1. use our complimentary collection service as described in Condition 9.3.1, but please note that no new delivery can take place until we have received the returned products from you;
7.2.2. exchange your products within our warehouse in USA, Netherlands or Russia.
7.3. We will not accept products for exchange that are returned incomplete, damaged or soiled or without the original packaging, related accessories or instruction booklets, labels, protective covers and boxes. You must take reasonable care of products if you wish to exchange them.
7.4. Where products are exchanged, we will end the original contract and your payment will be applied to the sale for the new items. If the new sale is for a higher price, you must pay the difference in store or as described in Condition 5. We will not be able to provide the replacement products until we have received payment from you. If the new sale is for a lower price, we will refund you for the difference (but not for any delivery charges) by the method you used for payment.
7.5. If products are exchanged using our collection and delivery service, the new sale will be subject to these terms.
7.6. Please note that you may not exchange products which you have received as a result of a prior exchange, but this does not affect your legal rights.
8. Your rights to end the contract
8.1. Ending your contract with us. You may end your contract with us in the circumstances described below. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1. If what you have bought is damaged or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Condition 11;
8.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see Condition 8.2;
8.1.3. If you have just changed your mind about the product, see Condition 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
8.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at Conditions 8.2.1 to 8.2.3 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.2. there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.3. you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see Condition 6.11).
8.3. Exercising your right to change your mind. For most products bought online or over the phone you have a legal right to change your mind within 14 days and receive a refund without having to justify reasons and without having to pay penalties. To ensure satisfaction of our customers, we allow you to withdraw within thirty (30) days from the date of delivery of your order, without having to justify reasons and without having to pay penalties.
8.4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1. Personalised Products;
8.4.2. Cut flowers or house plants.
8.5. How long do I have to change my mind? You have 30 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receive the last delivery to change your mind about the products.
9. How to end the contract with us (including if you have changed your mind)
9.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1. Phone or email or online. Call our Client Service team Monday to Friday from 9 am to 9 pm, excluding public holidays or email us using firstname.lastname@example.org or the contact form of our Website. Please provide your name, address, details of the order and, where available, your phone number and email address.
9.1.2. By post. Write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2. Gifts. If you use our Gift Service, only you may end the contract with us and not the recipient of the gift.
9.3. Returning products after ending the contract:
9.3.1. If you end the contract for any reason after products have been dispatched to you or you have received them, we provide a complimentary collection service and you must allow us to collect the item(s) you wish to return from your preferred address. Please call our Client Service team or email us to arrange collection.
9.3.2. You may request a return via your Potted Account. First, register your return in the My Orders tab of your Potted account. Place the item(s) in the original shipping box or any other suitable box, cover the original address label with the enclosed pre-paid return label, securely seal your parcel using the adhesive strip on the inside of the original box, and drop your parcel off at any Potted warehouse in the USA, Netherlands or Russia.
To ensure our prompt processing of your return and the security of our products while in transit, we strongly advise you to use our complimentary return options described above. However, if you cannot or do not wish to benefit from our free return services, you may decide to return the product through the carrier of your choice, at your own expense and under your sole responsibility, at the following addresses:
|USA||Potted USA LLC, 6303 Blue Lagoon Drive, Suite 400, Miami, FL, 33126, USA|
|Netherlands||Potted B.V., 313 Legmeerdijk st., 1431 GB Aalsmeer, Netherlands, Door B7, Dock 48-16, Box 157-78|
|Russia||Potted Rus LLC, 142034, Moscow region, Domodedovo, Finish-Zherebyatyeva, bldg 1|
In this regard, we remind you that orders sent back from a destination that is different from the country in which they were delivered may incur additional charges for you or be delayed by customs.
9.3.3. You must return the products in their original packaging, complete with all related accessories, instruction booklets, labels, protective covers and boxes, together with the duly completed “Return Voucher” and the original invoice.
9.3.4. If you are exercising your right to change your mind by way of our complimentary collection service or pre-paid return label service described above. In all other circumstances you must pay the costs of return.
9.4. When we will pay the costs of return. We will pay the costs of return:
9.4.1. if the products are faulty or misdescribed;
9.4.2. if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
9.4.3. if you are exercising your right to change your mind by way of our complimentary collection service.
In all other circumstances you must pay the costs of return.
9.5. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.6.1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. Please note that the amount of the reduction could be equal to the full amount of the price if we are unable to sell the returned products because they do not meet our high standards of sale. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6.2. As standard delivery is complimentary, we will not refund delivery costs if you choose to have the product delivered by Express or Premium delivery.
9.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days of your telling us you have changed your mind, except that we may withhold refund if you did not permit collection of the Goods as required under these Conditions within a reasonable time after notifying us of your decision to cancel the Contract, or until you show us evidence you have dispatched the goods in case you decided not to use our collection service.
10. Our rights to end the contract
10.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1. you do not make any payment to us when it is due;
10.1.2. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2. You must compensate us if you break the contract. If we end the contract in the situations set out in Condition 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If there is a problem with the product
11.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our Client Service Team or email us.
11.2. Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
11.3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will pay the costs of collection. Please call our Client Service Team or email us to arrange collection.
12. Our responsibility for loss or damage suffered by you
12.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
12.3. We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. Other important terms
13.1. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.2. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.3. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.4. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law in countries of Potted entities and you can bring legal proceedings in respect of the products in the courts of these countries. You can get the name and address of the entity acting as supplier in your jurisdiction, here.
13.5. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you can submit a complaint for online resolution to the European Commission Online Dispute Resolution platform.