Terms and conditions

General terms and conditions – Proven Winners^®

Valkplant B.V.
Located in Hazerswoude-Dorp
Chamber of Commerce number: 29039518
E-mail: info@provenwinnersplants.com
Website: www.provenwinnersplants.com

Article 1 – Definitions

• Proven Winners®: Valkplant B.V., located in Hazerswoude-Dorp, Chamber of Commerce number 29039518.
• Customer: the party with whom Proven Winners^® enters into an agreement.
• Parties: Proven Winners^® and Customer together.
• Consumer: a Customer who is also an individual and who acts as a private person.
   

Article 2 – Applicability

1. These terms and conditions apply to all quotations, offers, orders, agreements and deliveries of products by or on behalf of Proven Winners®.
2. Deviations are only valid if agreed in writing.
3. The Customer's general terms and conditions are explicitly excluded.
    

Article 3 – Prices

1. All prices are stated in euros, including VAT and excluding shipping costs, unless otherwise indicated.
2. Proven Winners may change prices as long as no agreement has been reached.
3. If the price increase results from legal regulations, the consumer cannot terminate the agreement.
    

Article 4 – Photos and sample previews

1. Photos and descriptions on the Proven Winners website are as accurate as possible, but are indicative in nature.
2. Plants are living products. Colour, shape, size and flowering pattern may differ from the examples shown.
3. The appearance of a plant depends on the season. For example, a photo may have been taken in spring with leaves and flowers, while delivery may take place in winter when the plant is dormant and is delivered (partly) without leaves.
4. No rights can be derived from photos, descriptions or sample displays, unless expressly agreed otherwise in writing.
    

Article 5 – Payment

1. Payment shall be made using the payment methods offered on the website.
2. Payment must be made in advance, unless otherwise agreed in writing.
3. If the payment is not made on time, the Customer is immediately in default.
    

Article 6 – Right to reclaim

If the Customer is in default, Proven Winners may reclaim the delivered products. The costs of returning the products shall then be borne by the Customer.
 

Article 7 – Right of withdrawal and returns

1. Because we sell living plants, the statutory right of withdrawal does not apply in principle (Section 6:230p of the Dutch Civil Code).
2. It is therefore not possible to return plants, unless this has been agreed in advance in writing with Proven Winners.
3. If a delivery is not in order (e.g. incorrect or damaged plants), the Customer must report this within 48 hours of receipt via info@provenwinnersplants.com.
4. Proven Winners^® will assess the complaint and work with the Customer to find a solution (replacement or refund).
    

Article 8 – Shipping and return costs

If a return shipment takes place after approval by Proven Winners^®, the shipping costs are borne by the Customer, unless it concerns an error on the part of Proven Winners^®.
 

Article 9 – Transport and delivery

1. Delivery will take place at the address specified by the Customer.
2. The Customer must unpack and care for the plants immediately upon receipt.
3. Proven Winners^® is not liable for damage or loss of quality resulting from the Customer's failure to care for the plants in a timely manner.
    

Article 10 – Delivery time

1. Delivery times are indicative and depend on the season, availability and shipping options.
2. If the delivery is delayed, the Customer will be notified as soon as possible.
3. If the delivery is delayed by more than 14 days after a written reminder, the Customer may terminate the agreement.
    

Article 11 – Guarantee

1. Proven Winners supplies strong and healthy plants.
2. Are you disappointed with the growth or flowering? Please contact us, we will be happy to give you care instructions.
3. Has a plant died despite good care? After assessment, we will supply a replacement plant or find a suitable solution.
4. Damage or loss due to incorrect care, extreme weather conditions or negligence is not covered by the warranty.
    

Article 12 – Complaints

1. The Customer must inspect the delivery immediately upon receipt.
2. Complaints about damage or deviations must be reported within 48 hours of receipt via info@provenwinnersplants.com.

3. Proven Winners will handle the complaint as quickly as possible and seek a solution.

   
    

Article 13 – Retention of ownership

All plants delivered remain the property of Proven Winners^® until the invoice has been paid in full.
 

Article 14 – Liability

1. Proven Winners is only liable for damage caused by intent or gross negligence.
2. Proven Winners is not liable for damage that occurs after receipt and incorrect care or due to circumstances beyond Proven Winners' control (e.g. extreme weather).
3. Any liability is limited to the amount of the order in question.
    

Article 15 – Force majeure

Proven Winners is not liable if delivery cannot be made or cannot be made on time due to force majeure (such as bad weather conditions, transport problems or strikes).

Article 16 – Obligations of the Customer

The Customer is responsible for:
- providing correct address and contact details,
- unpacking and caring for plants immediately upon receipt.

Article 17 – Amendment of the agreement

If necessary for the execution of the agreement, the Customer and Proven Winners may amend the agreement by mutual agreement.

Article 18 – Amendment of terms and conditions

Proven Winners may amend these terms and conditions. For consumers, amendments only apply to future orders.

Article 19 – Applicable law

These terms and conditions are governed exclusively by Dutch law.
Disputes will be submitted to the competent court in the district where Proven Winners is established.
 

Drafted on 21 August 2025