Legal
Last updated: 27 October 2026
These general terms and conditions apply to all quotes, orders and deliveries of Esverde B.V. Esverde supplies business customers only. Esverde B.V. is located at [address], [postcode and town] and registered with the Dutch Chamber of Commerce under number [number]. This is a translation; in case of any difference, the Dutch text prevails.
These terms apply to all offers, quotes, order confirmations and contracts of Esverde.
Deviations only apply if Esverde has confirmed them in writing, and then only to the contract for which they were made.
The customer's general terms and conditions do not apply; Esverde expressly rejects them.
If any provision of these terms is void or annulled, the other provisions remain in force. The provision concerned will be replaced by a valid provision that comes as close as possible to its intent.
All offers, quotes and price indications from Esverde are without obligation, unless they expressly state a period for acceptance.
Esverde supplies products from external growers. Any offer is therefore subject to availability at the supplier.
Photos, descriptions and other information on the website are indicative and do not constitute a binding offer.
A contract is formed as soon as Esverde has confirmed an order in writing, or as soon as Esverde has started to carry it out.
The order confirmation correctly reflects the contract, unless the customer objects in writing within two working days of receipt.
Changes to an order are only binding once Esverde has confirmed them in writing.
All prices are in euros, excluding VAT and excluding transport costs, unless agreed otherwise in writing.
Costs of phytosanitary inspections, certificates, import duties and other levies are borne by the customer, unless expressly stated otherwise.
Esverde may adjust prices if cost factors change after the contract is concluded, such as purchase prices, exchange rates, freight costs or government levies. Esverde will inform the customer of this as soon as possible.
Delivery takes place at the place and under the delivery terms stated in the order confirmation.
A stated delivery week or date is an indication and not a strict deadline. The products depend on cultivation, weather and international transport. A delay does not entitle the customer to compensation or termination, unless it is so long that the customer cannot reasonably be expected to keep the contract in place.
Esverde may deliver in instalments. Each partial delivery may be invoiced separately.
The risk of the products passes to the customer at the moment of delivery.
The customer ensures that the products can be received immediately on arrival and are stored properly. The costs and risk of failing to take delivery, or of taking it late, are borne by the customer.
Esverde supplies the products with the documents required under the European plant health rules, such as a plant passport or phytosanitary certificate.
The customer keeps the plant passports and related records for at least three years, as required by law, and ensures that the products remain traceable when traded further.
If a government authority takes measures after an inspection, such as quarantine or destruction, Esverde is not liable for this, unless the cause can be attributed to Esverde.
Young plants and starting material are living natural products. Small variations in size, colour, shape, rooting and uniformity are part of this and are not grounds for a complaint.
Esverde vouches for the quality of the products at the time of delivery. The result of further cultivation depends on circumstances beyond Esverde's control, such as climate, care, substrate and crop protection at the customer's premises. Esverde therefore gives no guarantee on the cultivation result.
Losses within the margins customary in the industry do not constitute a shortcoming.
The customer checks the products immediately on receipt for quantity, variety and visible defects.
The customer reports visible defects and differences in quantity in writing within 24 hours of receipt, with a clear description, photos and the order number. Other defects are reported within five working days after they were discovered or could reasonably have been discovered, and no later than ten days after delivery.
The customer keeps the products concerned available for inspection and takes proper care of them in the meantime. Complaints made after these periods, or after the products have been planted, stuck or resold, will no longer be considered.
If a complaint is justified, Esverde chooses whether to replace or supplement the products, or to credit the invoice value in whole or in part. Esverde has thereby fulfilled its obligations.
A complaint does not suspend the customer's obligation to pay.
Many products are produced to order. Once production or purchasing for an order has started, the customer can no longer cancel that order free of charge.
If the customer cancels an order, the customer reimburses all costs that Esverde has already incurred or can no longer avoid, including the purchase value of products already in production.
Payment is due within [14] days of the invoice date, without discount or set-off, unless agreed otherwise in writing.
Esverde may ask for advance payment or security, for example for a first order.
If the customer does not pay on time, the customer is in default without notice and owes the statutory commercial interest. All collection costs, judicial and extrajudicial, are borne by the customer.
As long as the customer has not paid, Esverde may suspend further deliveries.
The products delivered remain the property of Esverde until the customer has paid all amounts due under the contract in full.
Until ownership has passed, the customer may only use or resell the products in the normal course of business, and may not pledge or otherwise encumber them.
Esverde is only liable for direct damage resulting from an attributable shortcoming.
Esverde is not liable for indirect damage, including consequential damage, crop and harvest damage, lost profits and missed savings.
Esverde's liability is in all cases limited to the invoice value of the products to which the damage relates.
These limitations do not apply if the damage results from intent or deliberate recklessness on the part of Esverde.
Esverde is not obliged to perform if this is impossible due to force majeure. Force majeure includes, among other things: crop failure or losses at suppliers, weather conditions, diseases and pests, government quarantine and import measures, delays or failure of transport, strikes, pandemics and disruptions at suppliers.
If force majeure lasts longer than thirty days, either party may terminate the contract for the part not yet performed, without either party owing the other compensation.
All contracts with Esverde are governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Disputes are submitted to the competent court in the district where Esverde is located, unless the law prescribes otherwise.
In case of differences between the Dutch text of these terms and a translation, the Dutch text prevails.
