This document contains our General Terms and Conditions. These General Terms and Conditions, which include important information for you as a buyer, shall always apply if you use our Website or place an order through it, so please read them carefully. We would also advise you to save or print a copy of these General Terms and Conditions so that you can consult them at a later date.
Article 1: Definitions
1.1 CactusPlaza: having its official seat in Roden and registered with the Chamber of Commerce under registration number KVK 69379726, trading under the name CactusPlaza.
1.2 Website: the CactusPlaza website, which can be viewed at www.cactusplaza.com, and all associated subdomains.
1.3 Customer: the natural person or legal entity who/that concludes an Agreement with CactusPlaza and/or has registered on the website.
1.4 Agreement: every arrangement or agreement between CactusPlaza and the Customer, of which the General Terms and Conditions shall form an integral part.
1.5 General Terms and Conditions: these general terms and conditions.
Article 2: Scope of General Terms and Conditions
2.1 All offers, agreements and deliveries by CactusPlaza shall be governed by the General Terms and Conditions, unless explicitly agreed otherwise in writing.
2.2 If, in their order, confirmation or notification of acceptance, the customer includes provisions or conditions that deviate from or do not appear in the General Terms and Conditions, those provisions or conditions will be binding on CactusPlaza only if and insofar as they have been explicitly accepted in writing by CactusPlaza.
Article 3: Prices and Information
3.1 All prices stated on the Website and in other materials originating from CactusPlaza are inclusive of VAT and other government-imposed levies.
3.2 If shipping costs are to be charged, this will be stated clearly in a timely manner before the conclusion of the Agreement. These costs will also be specified separately during the order process. If no shipping costs are to be charged or if they are included in the price, this will also be stated in the manner referred to in this article.
3.3 The content of this Website has been compiled with the greatest possible care. However, CactusPlaza cannot guarantee that all information on the website will be complete and accurate at all times. All prices and other information on the Website and in other materials originating from CactusPlaza are therefore subject to obvious programming or typing errors.
3.4 CactusPlaza cannot be held liable for any deviations in color or other issues resulting from monitor quality.
Article 4: Formation of Agreement
4.1 The Agreement shall be formed at the time of acceptance by the Customer of the offer made by CactusPlaza and compliance with the conditions stipulated by CactusPlaza in this connection.
4.2 If the Customer has accepted the offer electronically, CactusPlaza will immediately confirm receipt of the acceptance of the offer in the same manner. As long as the receipt of the acceptance has not been confirmed, the Customer can dissolve the Agreement.
4.3 If it transpires that inaccurate information has been provided by the Customer, whether upon acceptance or otherwise, CactusPlaza will be entitled to adjust its prices accordingly.
Article 5: Registration
5.1 In order to make optimal use of the Website, the Customer can register using the registration form on the website.
5.2 During the registration procedure, the Customer will choose a user name and password with which to log on to the website following registration. The Customer is responsible for choosing a sufficiently secure password.
5.3 The Customer must keep their log-in details, user name and password absolutely confidential. CactusPlaza is not liable for misuse of the log in details and is always entitled to assume that a Customer who logs on to the Website is in fact the Customer. Everything done using the Customer’s account will be for the risk and responsibility of the Customer.
5.4 If the Customer knows or suspects that their log-in details have been obtained by unauthorised parties, they must change their password as soon as possible and/or notify CactusPlaza in order to allow CactusPlaza to take the appropriate steps.
Article 6: Performance of Agreement
6.1 Upon receiving the order, CactusPlaza will dispatch the products as quickly as possible, with due observance of paragraph 3 of this Article.
6.2 CactusPlaza is entitled to engage third parties for the fulfilment of the obligations arising from the Agreement.
6.3 The Website will describe clearly, in a timely manner before the conclusion of the Agreement, how delivery will be made and the period within which the products will be delivered. If no delivery period has been agreed, the products will in any case be delivered within 30 days.
6.4 CactusPlaza will inform the Customer if it is unable to deliver the products within the agreed period. In that case the Customer may agree to a new delivery date or dissolve the Agreement free of charge.
6.5 CactusPlaza advises the Customer to inspect the delivered products and to give notification of any defects discovered, preferably in writing or by e-mail, within a reasonable period. See the article on Warranty and Conformity for more details.
6.6 Once the products to be supplied have been delivered to the specified delivery address, the risk in the products will pass to the Customer.
Article 7: Right of Withdrawal
7.1 If the Customer is a natural person not acting in the course of a business or profession, he/she will be entitled to dissolve the distance selling Agreement with CactusPlaza free of charge within 14 calendar days after receiving the product, without being required to state reasons. Only the direct costs for the return shipment will be for the Customer’s account. Upon returning the entire order, the Customer will be refunded for the original shipping costs paid by the Customer and for the amount paid for the product.
7.2 The Customer will take due care in handling the product and the packaging within the period referred to in paragraph 1. The Customer will only open the packaging and use the product insofar as is necessary in order to establish the nature and features of the product and that it is in working order.
7.3 The Customer may dissolve the agreement in accordance with paragraph 1 of this article by returning the product to CactusPlaza within the period stipulated in paragraph 1 or by notifying CactusPlaza within that period that the Customer has decided not to buy the product, whereupon the Customer shall return the product as quickly as possible.
Products can be returned to:
- Jachtlaan 21
- 9301 KN Roden
- The Netherlands
7.4 Sums already paid by the Customer (including sums paid in advance) will be refunded to the Customer as quickly as possible but by no later than 30 days after dissolution of the Agreement.
7.5 The right of withdrawal does not apply to products:
- that were produced by the entrepreneur in accordance with the consumer’s specifications;
- that are clearly of a personal nature;
- that by their nature cannot be returned;
- that can perish or age quickly;
- the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
- that are individual newspapers and magazines:
- that are audio and video recordings and computer software on which the consumer has broken the seal.
7.6 The Website will provide information on the applicability or otherwise of the right of withdrawal and on any procedural formalities that should be followed in a clear and timely manner before the Agreement is concluded.
Article 8: Payment
8.1 The Customer shall make payments to CactusPlaza in accordance with the order procedure and using the payment methods indicated on the Website. CactusPlaza has the discretion to decide which payment methods to offer and may change them from time to time. General information on payment methods will be provided to the Customer by CactusPlaza in a timely manner before the Agreement is concluded.
Article 9: Warranty and Conformity
9.1 CactusPlaza warrants that the products and/or services conform to the Agreement, the specifications stated in the offer, the reasonable requirements of fitness and/or usability and the statutory provisions and/or government requirements in force at the time of formation of the Agreement. If so agreed, CactusPlaza also warrants that the product is suitable for use in ways other than its normal use.
9.2 A warranty provided by CactusPlaza, the manufacturer or importer will not detract from the statutory rights and claims that the Customer has under the Agreement.
9.3 If the product that is delivered does not conform to the Agreement, the Customer shall notify CactusPlaza within a reasonable period after discovering the defect.
9.4 If CactusPlaza considers the complaint to be well founded, the relevant products will be repaired, replaced or a refund will be given following consultation with the Customer. The maximum amount payable will be the price paid by the Customer for the product.
Article 10: Complaints Procedure
10.1 If the Customer has a complaint about a product (in accordance with the article on Warranty and Conformity) and/or other aspects of the services of CactusPlaza, the Customer can submit that complaint to CactusPlaza by e-mail or post. CactusPlaza contact details can be found below these General Terms and Conditions.
10.2 CactusPlaza will respond to the Customer’s complaint as quickly as possible, but in any case within two working days after receipt thereof. If it is not yet possible to respond to the substance of the complaint or give a definitive response, CactusPlaza will confirm receipt of the complaint within two working days and give an indication of the period within which it expects to be able to respond to the Customer’s complaint or provide a definitive response.
Article 11: Personal Data
11.1 CactusPlaza will process the personal data of customers in accordance with the privacy statement published on the Website.
Article 12: Final Provisions
12.1 The Agreement shall be governed by Dutch law.
12.2 Insofar as not stipulated otherwise by legal rules from which no deviation is permitted, all disputes that may arise as a result of the Agreement shall be submitted to the competent Dutch court in the district in which CactusPlaza is based.
12.3 If a provision of these General Terms and Conditions proves to be null and void, that nullity will not affect the validity of the General Terms and Conditions as a whole. In that event the parties will agree on one or more replacement provisions that match the intention of the original provision insofar as is legally possible.
12.4 In these General Terms and Conditions, the term “writing” shall also include communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
If you have any questions, comments or complaints after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail.
- Jachtlaan 21
- 9301 KN Roden
- The Netherlands
Chamber of Commerce number: 69379726
VAT number : NL857852784B01