Terms and Conditions

Table of Contents:
Article 1 - Definitions
Article 2 - Identity of Ikhebeencactus
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Obligations of the Consumer During the Cooling-Off Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
Article 9 - Obligations of Ikhebeencactus in Case of Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Performance and Additional Warranty
Article 13 - Delivery and Execution
Article 14 - Duration Transactions: Duration, Termination, and Extension
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 – Disputes
Article 18 - Circumstances Beyond Ikhebeencactus's Control
Article 19 - Additional or Deviating Provisions


Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Additional agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by Ikhebeencactus or by a third party on the basis of an arrangement between that third party and Ikhebeencactus;
2. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Durable agreement: an agreement that extends to the regular supply of goods, services and/or digital content over a specified period;
7. Durable data carrier: any means - including email - that enables the consumer or Ikhebeencactus to store information addressed to them personally in a way that allows for future consultation or use for a period adapted to the purpose for which the information is intended, and which allows for the unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
9. Ikhebeencactus: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: a contract concluded between Ikhebeencactus and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, where, up to and including the conclusion of the contract, exclusive or partial use is made of one or more means of distance communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal for their order;
12. Means of distance communication: means that can be used for concluding a contract, without the consumer and Ikhebeencactus having to be in the same room at the same time.


Article 2 - Identity of Ikhebeencactus
Ikhebeencactus
A: Business Address Maatlat 9F, Limmen (NO VISITING ADDRESS)
E: info@Ikhebeencactus
W: www.Ikhebeencactus.nl
T: +31(0)631355299
Chamber of Commerce: 69518122
VAT NL098659728B01

Article 3 - Applicability
1. These general terms and conditions apply to every offer made by Ikhebeencactus and to every distance contract concluded between Ikhebeencactus and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Ikhebeencactus will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at Ikhebeencactus and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, either electronically or by other means, upon request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in case of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to them.
5. The application of certain delivery or payment conditions or general terms and conditions by the consumer to Ikhebeencactus is explicitly rejected.
6. The general terms and conditions also apply to a transaction with the consumer when Ikhebeencactus uses a third party to execute the transaction.
7. Deviations from or additions to the general terms and conditions during an individual transaction are only applicable to that specific transaction and do not have general validity. They are only valid when confirmed in writing by both the consumer and Ikhebeencactus.
8. If one or more parts of the general terms and conditions have been declared partially or completely invalid, the remaining conditions shall remain in force.

Article 4 - The Offer
1. If an offer has a limited validity period or is made under specific conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Ikhebeencactus uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind Ikhebeencactus.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
4. Offers and/or quotations prepared by Ikhebeencactus are non-binding, unless a term for acceptance is part of the offer.
5. Ikhebeencactus is not obliged to deliver a product at the price stated in an offer if this price is based on a printing or writing error or is based on a clear error.
6. The consumer is not entitled to a lower price if a certain item is offered at a lower price by another sales channel or another Ikhebeencactus-related company.
7. Images, drawings, dimensions and other descriptions of goods sold are as accurate as possible, but not legally binding. Small deviations are permitted and do not give the consumer any legal rights.

 
Article 5 - The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
2. If the consumer has accepted the offer electronically, Ikhebeencactus will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Ikhebeencactus, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, Ikhebeencactus will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, Ikhebeencactus will observe appropriate security measures.
4. Ikhebeencactus can - within legal frameworks - inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, Ikhebeencactus has good grounds not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to its execution.
5. Ikhebeencactus will send the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the Ikhebeencactus establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a durable transaction, the provision in the previous paragraph only applies to the first delivery.


Article 6 - Right of Withdrawal
For products:
1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
2. Exchanges are not possible with living products. All our cacti, succulents and other plants fall under this. This is because the quality of the plants cannot be guaranteed with frequent back and forth shipping.
3. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.
o if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
o in contracts for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not delivered on a tangible medium:
3. The consumer can dissolve a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium within 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
4. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not delivered on a tangible medium if information about the right of withdrawal is not provided:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to ascertain the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if Ikhebeencactus has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises their right of withdrawal, they must report this to Ikhebeencactus within the cooling-off period using the model withdrawal form or by other unambiguous means.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) Ikhebeencactus. This is not necessary if Ikhebeencactus has offered to collect the product itself. The consumer has complied with the return period in any case if they return the product before the cooling-off period has expired.
3. The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Ikhebeencactus.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If Ikhebeencactus has not stated that the consumer must bear these costs or if Ikhebeencactus indicates that it will bear the costs itself, the consumer does not have to bear the costs for returning the product.
6. If the consumer withdraws after having first explicitly requested that the performance of the service or the supply of gas, water or electricity, which are not made ready for sale in a limited volume or specific quantity, commences during the cooling-off period, the consumer owes Ikhebeencactus an amount that is proportional to that part of the obligation that has been fulfilled by Ikhebeencactus at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer does not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
a. they have not explicitly consented to the commencement of the performance of the agreement before the end of the cooling-off period;
b. they have not acknowledged losing their right of withdrawal when giving their consent; or
c. Ikhebeencactus has failed to confirm this statement from the consumer.
8. If the consumer exercises their right of withdrawal, all additional agreements are dissolved by operation of law.

Article 9 - Ikhebeencactus's obligations upon revocation
1. If Ikhebeencactus enables the consumer to declare revocation electronically, it shall immediately send an acknowledgement of receipt upon receiving such declaration.
2. Ikhebeencactus shall refund the consumer's purchase price, including any delivery costs charged by Ikhebeencactus for the returned product, without delay, but within 14 days following the day on which the consumer notifies him of the revocation. Unless Ikhebeencactus offers to collect the product itself, it may wait to refund until it has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
3. If the returned items are part of an order and other items are kept, only the amount of the returned item will be refunded.
4. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
6. Ikhebeencactus will use the same payment method for reimbursement as the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
7. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Ikhebeencactus is not obliged to reimburse the additional costs for the more expensive method.

 
Article 10 - Exclusion of the right of withdrawal
Ikhebeencactus may exclude the following products and services from the right of withdrawal, but only if Ikhebeencactus has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:
1. Products or services whose price is subject to fluctuations in the financial market over which Ikhebeencactus has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method where products, digital content and/or services are offered by Ikhebeencactus to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the performance has begun with the consumer's explicit prior consent; and
b. the consumer has declared that he loses his right of withdrawal as soon as Ikhebeencactus has fully performed the agreement;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
5. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
6. Agreements relating to leisure activities, if the agreement provides for a specific date or period for their performance;
7. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that are irrevocably mixed with other products after delivery due to their nature;
11. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which Ikhebeencactus has no influence;
12. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
14. The delivery of digital content other than on a tangible medium, but only if:
a. the performance has begun with the consumer's explicit prior consent; and
b. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The Price
1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, subject to price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, Ikhebeencactus may offer products or services whose prices are subject to fluctuations in the financial market and over which Ikhebeencactus has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if Ikhebeencactus has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement on the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12 - Performance of the agreement and extra guarantee
1. Ikhebeencactus guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, Ikhebeencactus also guarantees that the product is suitable for other than normal use.
2. An extra guarantee provided by Ikhebeencactus, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Ikhebeencactus on the basis of the agreement if Ikhebeencactus has failed to fulfill its part of the agreement.
3. An extra guarantee means any commitment by Ikhebeencactus, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do if it has failed to fulfill its part of the agreement.
4. Ikhebeencactus delivers live plants. The warranty on these products expires after 7 days if they have arrived alive and well at the consumer's.


Article 13 - Delivery and execution
1. Ikhebeencactus will observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to Ikhebeencactus.
3. With due observance of what is stated about this in Article 4 of these general terms and conditions, Ikhebeencactus will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge.
4. After dissolution in accordance with the previous paragraph, Ikhebeencactus will immediately refund the amount paid by the consumer.
5. Delivery conditions as indicated by Ikhebeencactus should not be considered absolute. In the event that a delivery is delayed by a reasonable amount of time and is not Ikhebeencactus's fault, the consumer cannot claim compensation.
6. The risk of damage and/or loss of products rests with Ikhebeencactus until the moment of delivery to the consumer or a pre-designated and made known to Ikhebeencactus representative, unless expressly agreed otherwise.
7. If Ikhebeencactus is liable for compensation for a delay in delivery, the maximum amount due is the profit that Ikhebeencactus would make on the product in question. Ikhebeencactus will never be liable for loss of profit, losses, costs or immaterial damage, such as emotional or stagnation.
8. If it is no longer possible to order a product, Ikhebeencactus will make every effort to deliver a replacement product. The consumer will be informed that the delivered product is a replacement. The consumer has the right to dissolve the purchase of the product if the consumer does not want a replacement product.

Article 14 - Duration transactions: duration, termination and extension
Termination:
1. The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
- at any time and not be limited to termination at a specific time or in a specific period;
- at least in the same manner as they were entered into by him;
- always with the same notice period as Ikhebeencactus has stipulated for itself.
Extension:
4. An agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a definite period and which provides for the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months in cases where the agreement provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration:
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
9. Delivery options
When placing an order, the customer can choose between home delivery or collection at a PostNL pick-up point.
10. Home delivery
For home delivery, the package will be sent to the address provided by the customer. This does not guarantee that the package will actually be delivered to the specified address. PostNL reserves the right to decide on the day of delivery to take the package to a nearby pick-up point. Reasons for this may include, but are not limited to: closed roads, absence of the recipient, or delivery restrictions such as lack of time or traffic problems. By taking the package to a pick-up point, the customer can still collect the package on the same day.
11. Pick-up point
If a pick-up point is chosen, the package will generally be taken to the pick-up point chosen by the customer. If the chosen pick-up point or parcel locker is full, PostNL reserves the right to take the package to another nearby pick-up point.
12. Communication and deadlines
The customer will receive messages from PostNL via email about the status of the package, including reminders to pick up the package. Packages that are not picked up within 7 days will be returned to the seller. Orders are shipped within 1 business day and provided with track & trace information. If the customer has not received a message after 3 business days, the customer should contact the seller.
13. Return shipment for non-collection
If the customer does not pick up a package at the PostNL pick-up point, the package will be returned to the seller after 7 days. The shipping costs charged by PostNL to the seller will not be refunded to the customer.
14. Processing costs
For uncollected packages that are returned, the seller charges €5 in processing costs. These costs cover administrative handling, product inspection, and the inability to reuse packaging materials, which are often returned damaged. These processing costs do not apply to regular returns submitted by the customer in accordance with the return policy.
15. Depreciation of plants
Plants that are not picked up after 7 days and are returned may have deteriorated in quality due to the length of time they spent in the packaging and two transport journeys. The seller reserves the right to charge a depreciation fee upon reimbursement. For products such as soil and nutrients, no depreciation applies.
16. Resending
The customer can choose to have the package resent. For this, the customer will receive a payment link for the shipping costs. After payment, the package will be sent. In this case, no processing costs will be charged. The customer can choose between shipping the plants in their current state or paying an additional amount for new, fresh plants.


Article 15 - Payment
1. The aim is that all goods sold by Ikhebeencactus have been paid for by the consumer before delivery, unless expressly agreed otherwise by both parties.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer is obliged to immediately report inaccuracies in provided or stated payment details to Ikhebeencactus.
4. All prices quoted by Ikhebeencactus include VAT and any insurance against damage, loss and/or theft up to the moment of delivery to the consumer or
his/her representative, unless otherwise agreed.
5. If the consumer does not meet his payment obligation(s) on time, he will, after being reminded by Ikhebeencactus of the late payment and Ikhebeencactus having granted the consumer a period of 14 days to still meet his payment obligations, owe the statutory interest on the outstanding amount after the expiry of this 14-day period, and Ikhebeencactus is entitled to charge the extrajudicial collection costs incurred by him. 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. Ikhebeencactus may deviate from the aforementioned amounts and percentages to the benefit of the consumer.
6. The seller has the right of possession of the goods purchased by the consumer until payment has been made.

Article 16 - Complaints Procedure
1. Ikhebeencactus has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to Ikhebeencactus fully and clearly described, within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to Ikhebeencactus will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Ikhebeencactus will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give Ikhebeencactus at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer should first turn to Ikhebeencactus. If the webshop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check if this webshop has an active membership via https://www.webwinkelkeur.nl/leden/. If no solution is reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint by the consumer of clearly visible shortcomings or damage to delivered goods is only valid if the consumer has described these shortcomings or damage on the receipt of the delivering party or the airway bill or if the sender has drawn up a report.
7. The burden of proof that the delivered goods do not correspond to what was agreed upon lies with the consumer.
8. Small deviations in dimensions, color, shape or packaging of delivered goods do not give the consumer the right to cancel or refuse delivery or a claim for compensation.
9. Complaints reported by the consumer, after which it appears that the consumer or a third party has made changes to the delivered goods, will be declared unfounded. This means that the consumer's right to cancellation or a claim for compensation lapses.
10. those made within 14 days will not be considered at all if a third party has made changes or repairs to the delivered goods.

Article 17 - Disputes
1. Agreements between Ikhebeencactus and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes that may arise between Ikhebeencactus and the consumer will be submitted to the competent court of the Court of Haarlem.
3. The seller's liability will be lifted in case of incapacity, in which case, as a result of temporary or ultimate inability to deliver, the seller has the right to cancel the agreement in whole or in part.
4. Ikhebeencactus is never liable for damage or wear caused by the use of sold goods.
5. In any case, the seller's liability will be limited to a maximum of 100% of the received amount. The seller is never liable for loss of profit, loss or expenses, immaterial damage such as emotional or stagnation for the consumer.
6. Ikhebeencactus is not liable for damage caused by software failure, including the presence of a virus, unless the damage is caused by the seller or one of its employees through intent or gross negligence.

Article 18 – Circumstances beyond Ikhebeencactus's control.
1. Circumstances beyond control mean: Any situation in which the seller cannot fulfill its obligations due to a situation over which the seller has no control and for which the seller can be held liable based on laws or guarantees.
2. If, after an agreement, it appears that delivery by the seller will be difficult or restricted due to uncontrollable circumstances, the seller has the right to cancel the agreement or postpone delivery, in which case the seller will notify the consumer as soon as possible, depending on the circumstances.
3. Conditions beyond control, if not already clear from point 1, specifically include war, threat of war, civil war, riots, illness, natural disaster, new laws affecting imports, new laws affecting the supply of parts, materials, raw materials, semi-finished products, transport problems, including traffic jams, strikes or labor unrest, interruption of energy supply, fire and other malfunctions at Ikhebeencactus or its suppliers. It is also explicitly stated that Ikhebeencactus's suppliers do not deliver.
4. In case of uncontrollable circumstances and in case of non-performance by Ikhebeencactus, Ikhebeencactus has the right to postpone delivery until the circumstances have changed or, if delivery has not yet taken place, to cancel the agreement without being liable for any compensation as described in Article 78 of Book 6 of the Civil Code.
5. Ikhebeencactus cannot be held liable if the import of goods does not comply with the legislation of the country of import. This risk is borne by the consumer.

Article 19 - Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.




 
Appendix I: Model withdrawal form


Model withdrawal form

(Only complete and return this form if you wish to withdraw from the contract)

- To: [ name Ikhebeencactus ]
[ geographical address Ikhebeencactus ]
[ fax number Ikhebeencactus, if available ]
[ email address or electronic address of Ikhebeencactus ]

- I/We* hereby inform you that I/we* wish to withdraw from our contract concerning
the sale of the following products: [description of product]*
the supply of the following digital content: [description of digital content]*
the provision of the following service: [description of service]*,
withdraw/withdraw*

- Ordered on*/received on* [date of order for services or receipt for products]

- [Name of consumer(s)]

- [Address of consumer(s)]

- [Signature of consumer(s)] (only if this form is submitted on paper)


* Delete where inapplicable or fill in what is applicable.



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