Last updated on: 05.06.2023 (version 1.0)
Terms and Conditions
Below you will find our General Terms and Conditions. These always apply if you use or place an order via our Website. The General Terms and Conditions contain important information for you as a buyer. Therefore, read this carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
Article 1. Definitions
1.1. Go Tulip B.V: established in Arnhem and registered with the Chamber of Commerce under registration number 75554631 trading under the name Go Tulip B.V
1.2. Website: the website of Go Tulip B.V, which can be consulted via www.selana.nl and all associated subdomains.
1.3. Customer: the customer who, whether or not acting in the exercise of a profession or business, enters into an Agreement with Go Tulip B.V and/or has registered on the Website.
1.4. Agreement: any agreement or agreement between Go Tulip B.V and the Customer, of which agreement the General Terms and Conditions form an integral part. 1.5. General Conditions: the present General Conditions.
Article 2. Applicability of General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, Agreements and deliveries of Go Tulip B.V, unless expressly agreed otherwise in writing.
2.2. If the Client includes provisions or conditions in its order, confirmation or notification containing acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding on Go Tulip B.V if and insofar as they have been expressly accepted by Go Tulip B.V in writing.
2.3. In the event that specific product or service conditions also apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions, the Customer can always invoke the applicable provision that is most favourable to him.
Article 3. Prices and information
3.1. All prices stated on the Website and in other materials originating from Go Tulip B.V include VAT and, unless stated otherwise on the Website, other levies imposed by the government.
3.2. If shipping costs are charged, this will be clearly stated in good time before the Agreement is concluded. In addition, these costs will be shown separately in the ordering process.
3.3. The content of the Website has been compiled with the greatest care. However, Go Tulip B.V cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Go Tulip B.V are therefore subject to obvious programming and typing errors.
3.4. Go Tulip B.V cannot be held responsible for (color) deviations as a result of screen quality.
Article 4. Conclusion of Agreement
4.1. The Agreement is concluded at the moment of acceptance by the Customer of the offer of Go Tulip B.V and compliance with the conditions set by Go Tulip B.V.
4.2. If the Customer has accepted the offer electronically, Go Tulip B.V will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
4.3. If it appears that when accepting or otherwise entering into the Agreement, the Customer has provided incorrect information, Go Tulip B.V has the right to fulfill its obligation only after the correct information has been received.
4.4. Go Tulip B.V can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If Go Tulip B.V has good reasons not to enter into the Agreement on the basis of this investigation, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution, such as advance payment.
Article 5. Execution of the Agreement
5.1. As soon as the order has been received by Go Tulip B.V, Go Tulip B.V will send the products as soon as possible with due observance of the provisions of paragraph 3 of this Article.
5.2. Go Tulip B.V is entitled to engage third parties in the performance of the obligations arising from the Agreement.
5.3. If Go Tulip B.V cannot deliver the products within the agreed term, it will inform the Customer. In that case, the Customer can agree to a new delivery date or he is given the option to dissolve the Agreement free of charge.
5.4. Go Tulip B.V advises the Customer to inspect the delivered products and to report any defects found within a reasonable time, preferably in writing. See Article 9. on warranty and conformity in more detail.
5.5. As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Customer. If expressly agreed otherwise, the risk will pass to the Customer sooner. If the Customer decides to collect the products, the risk is transferred upon transfer of the products.
5.6. Go Tulip B.V is entitled to deliver a similar product of similar quality to the ordered product, if the ordered product is no longer available. The Customer is then entitled to dissolve the Agreement free of charge and to return the product free of charge.
Article 6. Right of withdrawal
6.1. This article only applies to the Customer, who is a natural person who is not acting in the exercise of his profession or business.
6.2 The Customer has the right to dissolve the Agreement concluded at a distance with Go Tulip B.V within 14 days of receipt of the product, without stating reasons, free of charge.
6.3. The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or:
If the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product;
If the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part;
In the case of Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.
6.4. The customer must bear the return costs himself, if these costs are higher than the regular postal rate, Go Tulip B.V will provide an estimate of these costs. The shipping costs incurred by the Customer when purchasing the product are not included in the return costs and remain at the Customer's own expense.
6.5. Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and packaging with care. The customer will only open the packaging and only use the product to the extent necessary to check the nature, characteristics and functioning of products. The basic principle here is that this inspection may not go beyond what the Customer could do in a physical store.
6.6. Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in the previous paragraph.
6.7. The Customer can dissolve the Agreement in accordance with the term set in Article 6.2 by sending the model withdrawal form (digitally) to Go Tulip BV, or by making it known to Go Tulip BV in another unambiguous way that it is canceling the purchase. In the event of a digital notification, Go Tulip BV will confirm receipt of that notification. After dissolution, the Customer has 14 days to return the product. It is also possible to return the product immediately within the cooling-off period specified in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous statement for withdrawal is enclosed.
Products can be returned to:
Jupiterkade 7, 2516BS Den Haag
6.8. Amounts already paid (in advance) by the Customer will be repaid to the Customer as soon as possible, but at the latest within 14 days after dissolution of the Agreement. Unless Go Tulip B.V offers to collect the product itself, Go Tulip B.V may withhold payment until Go Tulip B.V has received the product or until the Customer demonstrates that he has returned the product, whichever is earlier.
6.9. Information about whether or not the right of withdrawal applies and any desired procedure is clearly stated on the Website in good time before the Agreement is concluded.
Article 7. Business right of return
7.1. The previous article on the right of withdrawal applies to business orders, except that:
Business Customer must dissolve the Agreement with Go Tulip B.V within 14 days of receipt of the product.
Business Customer will only receive the purchase amount back after receipt of the return by Go Tulip BV. The customer is responsible for the return and for the costs of the return.
Business Customer must return to Go Tulip B.V an unused product in undamaged packaging. If the Business Customer does not comply with this, Go Tulip B.V is entitled to refuse a return or to charge repair costs or damage for this.
Amounts already paid (in advance) by the Business Customer will be refunded as soon as possible, but no later than 30 days after dissolution of the Agreement and receipt of the returns by Go Tulip B.V.
Article 8. Payment
8.1. The Customer must make payments to Go Tulip B.V in accordance with the payment methods indicated in the order procedure and possibly on the Website. Go Tulip B.V is free in its choice of payment methods and these may also change from time to time. In the event of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.
8.2. If the Customer does not fulfil its payment obligation(s) in time, after it has been notified by Go Tulip B.V of the late payment and Go Tulip B.V has granted the Customer a period of 14 days to still meet its payment obligations, after if payment is not made within this 14-day period, the statutory interest will be owed on the amount still owed and Go Tulip B.V is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40. Go Tulip B.V may deviate from the stated amounts and percentages in favour of the Client.
Article 9. Warranty and Conformity
9.1. This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If Go Tulip B.V gives a separate guarantee on the products, this applies to all types of Customers, without prejudice to the just stated.
9.2. Go Tulip B.V guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Go Tulip B.V also guarantees that the product is suitable for other than normal use.
9.3. If the delivered product does not comply with the Agreement, the Customer must inform Go Tulip B.V within a reasonable period of time after discovering the defect.
9.4. If Go Tulip B.V considers the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. With due observance of the Article regarding liability, the maximum compensation is equal to the price paid by the Customer for the product.
Article 10. Warranty for business purchases
10.1. Go Tulip B.V guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Go Tulip B.V also guarantees that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use.
10.2. If the delivered product does not comply with the Agreement upon delivery, the Customer must inform Go Tulip B.V of this within a reasonable period of time after discovering the defect.
10.3. If Go Tulip B.V considers the complaint to be well-founded, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer.
Article 11. Complaints procedure
11.1. If the Customer has a complaint about a product (in accordance with Article 9.) and/or about other aspects of the services of Go Tulip B.V, he can submit a complaint to Go Tulip B.V by telephone, e-mail or post. See the contact details at the bottom of the Terms and Conditions.
11.2. Go Tulip B.V will provide the Customer with a response to his complaint as soon as possible, but in any case within 5 days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, Go Tulip B.V will confirm the complaint within 5 days of receipt of the complaint and indicate the period within which it expects to provide a substantive or final response to the complaint. complaint from Customer.
11.3. Customer who is not acting in the exercise of his profession or business can also file a complaint via the European Dispute Resolution Platform, which can be reached at http://ec.europa.eu/odr/.
Article 12. Liability
12.1. This Article only applies if the Customer is a natural or legal person acting in the exercise of his profession or business.
12.2. The total liability of Go Tulip B.V towards the Customer due to an attributable shortcoming in the fulfilment of the Agreement is limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT).
12.3. Go Tulip B.V's liability towards the Customer for indirect damage, including in any case – but expressly not limited to – consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
12.4. Apart from the cases mentioned in the previous two paragraphs of this Article, Go Tulip B.V has no liability whatsoever towards the Customer for compensation, regardless of the ground on which an action for compensation would be based. However, the restrictions referred to in this Article will lapse if and insofar as damage is the result of intent or gross negligence on the part of Go Tulip B.V
12.5. The liability of Go Tulip B.V towards the Customer due to attributable shortcoming in the fulfillment of an Agreement only arises if the Customer gives Go Tulip B.V immediate and proper written notice of default, setting a reasonable term to remedy the shortcoming, and Go Tulip B.V continues to fail to fulfill its obligations after that term. The notice of default must contain as detailed a description as possible of the shortcoming, so that Go Tulip B.V is able to respond adequately.
12.6. A condition for the existence of any right to compensation is always that the Customer reports the damage in writing to Go Tulip B.V as soon as possible, but at the latest within 30 days after it has arisen.
12.7. In the event of force majeure, Go Tulip B.V is not obliged to pay compensation for any damage caused to the Client as a result.
Article 13. Personal data
Go Tulip B.V processes the Customer's personal data in accordance with the privacy statement published on the Website.
Article 14. Final provisions
14.1. Dutch law applies to the Agreement.
14.2. Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Go Tulip B.V is located.
14.3. If a provision in these General Terms and Conditions is found to be invalid, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision(s) as a replacement, which will give shape to the intention of the original provision as much as legally possible.
14.4. In these General Terms and Conditions, “in writing” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Contact details
If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us in writing or by e-mail.
Go Tulip B.V, Westervoortsedijk 73, 6827 AV, Arnhem
Email: support@selana.nl
Chamber of Commerce number: 75554631 VAT number: NL860322099B01
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