General Terms & Conditions

Plan Organic B.V. – planorganic.nl

Applicable to all B2B transactions and agreements.

Article 1 – Identity of the Seller

Plan Organic NL B.V.

Website: planorganic.nl

Email: info@planorganic.nl

Phone: +31 616144135

Chamber of Commerce (KvK) Number: 92283144

VAT Number (BTW-identificatienummer): NL865975462B01

Registered Address: Zwaerdercroonstraat 14B, 3021 WS Rotterdam

Warehouse Address: van Maasdijkweg 72, 3088 EG Rotterdam

Article 2 – Applicability

  1. These General Terms and Conditions apply exclusively to all offers, quotations, agreements, and deliveries made by Plan Organic NL B.V. via planorganic.nl to professional buyers, companies, or legal entities operating in the exercise of their trade, business, or profession (B2B).
  2. The applicability of any purchase terms, purchasing conditions, or other terms supplied by the Buyer is explicitly rejected.
  3. Deviations from or additions to these conditions are only valid if explicitly agreed upon in writing between both parties.
  4. If one or more provisions of these conditions are void or annulled, the remaining provisions remain in full force and effect.

Article 3 – Offers, Prices, and Orders

  1. All offers and prices displayed on planorganic.nl are non-binding (vrijblijvend) and subject to availability, unless explicitly stated otherwise in writing.
  2. Prices listed on the webshop are in Euros (€) and exclude VAT (BTW), shipping costs, import tariffs, customs duties, and any other government-imposed levies, unless explicitly stated otherwise.
  3. Plan Organic NL B.V. reserves the right to correct manifest errors, obvious typos, or unintentional mistakes in pricing or product descriptions on the website.
  4. An agreement is concluded at the moment the Buyer completes the order process on planorganic.nl and receives an automated electronic order confirmation from Plan Organic NL B.V.

Article 4 – Payment

  1. Payment must be fulfilled via the payment methods offered on planorganic.nl (e.g., iDEAL, credit card, bank transfer, or agreed-upon invoice payment terms).
  2. If payment on account/invoice is agreed upon in writing, payment must be made within 10 working days from the invoice date, without any deduction, setoff, or suspension.
  3. If the Buyer fails to pay within the stipulated term, the Buyer is automatically in default without any notice of default being required. Plan Organic NL B.V. shall be entitled to charge statutory commercial interest (wettelijke handelsrente pursuant to Article 6:119a Dutch Civil Code) as well as extrajudicial collection costs (buitengerechtelijke incassokosten) amounting to 15% of the principal sum, with a minimum of €150.

Article 5 – Retention of Title (Eigendomsvoorbehoud)

  1. All goods supplied by Plan Organic NL B.V. remain the property of Plan Organic NL B.V. until the Buyer has fully complied with all payment obligations arising from the agreement, including interest and costs.
  2. The Buyer is not permitted to pledge, encumber, or alienate the goods subject to retention of title outside the normal course of its business.

Article 6 – Delivery and Transportation

  1. Delivery dates or estimated delivery times stated on planorganic.nl or in communications are indicative and shall never be considered strict deadlines (fatale termijnen).
  2. Risk of loss, damage, or deterioration of the goods transfers to the Buyer at the moment the goods are delivered to the Buyer's designated address, or when delivered to a third-party carrier arranged by or on behalf of the Buyer.
  3. Plan Organic NL B.V. reserves the right to make partial deliveries and invoice each delivery separately.

Article 7 – Inspection, Complaints, and Return Policy

  1. The Buyer must inspect the delivered products immediately upon delivery for damage, defects, or discrepancies in quantity or specifications.
  2. Any visible defects, shortfalls, or transit damage must be noted on the transport documents and reported in writing to Plan Organic NL B.V. within 48 hours after delivery.
  3. Hidden defects must be reported in writing immediately upon discovery, but no later than 7 calendar days after delivery.
  4. No Statutory Right of Withdrawal: As this is a strictly business-to-business (B2B) webshop, the legal statutory right of withdrawal / cooling-off period (herroepingsrecht) for consumers does not apply. All sales are final unless otherwise agreed upon in writing or in cases of justified quality complaints.

Article 8 – Warranty and Conformity

  1. Plan Organic NL B.V. warrants that products comply with the stated specifications, organic certifications (where applicable under EU laws), and relevant Dutch/EU food safety and legal regulations.
  2. The warranty does not cover defects resulting from improper storage, handling, transport, or processing by the Buyer or third parties after delivery.

Article 9 – Limitation of Liability

  1. Plan Organic NL B.V.'s total liability for direct damage arising out of or in connection with the agreement or performance thereof shall at all times be limited to the net invoice value of the specific order that caused the damage.
  2. In all cases, Plan Organic NL B.V.'s total cumulative liability shall never exceed the amount paid out by its commercial liability insurance policy for the event in question.
  3. Plan Organic NL B.V. is never liable for indirect, consequential, or punitive damages, including but not limited to loss of profit, business interruption, loss of savings, or damage to goodwill or third-party claims.

Article 10 – Force Majeure (Overmacht)

  1. Plan Organic NL B.V. is not liable for any failure to fulfill its obligations if such failure is due to force majeure (overmacht), as defined in Article 6:75 of the Dutch Civil Code.
  2. Force majeure includes, but is not limited to: severe weather, natural disasters, raw material shortages, supplier default, crop failure, transport disruptions, labor strikes, government measures, epidemics, or electrical/network outages.
  3. If the period of force majeure lasts longer than 60 consecutive days, either party has the right to dissolve the agreement in writing without any obligation to pay damages.

Article 11 – Applicable Law and Jurisdiction

  1. All legal relationships between Plan Organic NL B.V. and the Buyer are governed exclusively by Dutch law.
  2. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG / Vienna Sales Convention) is explicitly excluded.
  3. Any disputes arising out of or related to agreements between Plan Organic NL B.V. and the Buyer shall be submitted exclusively to the competent court in the district where Plan Organic NL B.V. has its registered seat.
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