GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY of Decofora (trade name of Aquarella), established in Destelbergen, Belgium.

Article 1. Applicability

These general terms and conditions apply to all offers, quotations, orders, and agreements between Decofora (hereinafter: "Seller") and the purchaser (hereinafter: "Buyer"), unless agreed otherwise in writing.
The applicability of any purchase conditions or other terms of the Buyer is explicitly rejected.
By placing an order, the Buyer accepts these terms and conditions without reservation.
Article 2. Offers and Agreements

All offers made by the Seller are non-binding unless a period for acceptance is explicitly stated. Offers may be revoked if products (particularly living plants) are sold out in the meantime.
An agreement is concluded only after written confirmation (via email/order confirmation) by the Seller.
Images, dimensions, and descriptions in catalogs or on the website are indicative. Given the nature of living products (hydroculture plants), deviations in growth, color, and size may occur; this does not entitle the Buyer to dissolution or compensation.
Article 3. Prices

All prices are in Euros, excluding VAT, transport costs, import duties, levies, and costs for phytosanitary certificates (for export outside the EU), unless stated otherwise.
If price-increasing circumstances occur after the offer date (such as increases in purchase prices, transport rates, or currency fluctuations), the Seller is entitled to adjust the prices.
Article 4. Delivery and Transport (Export)

Delivery takes place according to the agreed Incoterm (e.g., EXW - Ex Works or DAP - Delivered at Place), in accordance with Incoterms® 2020.
If "Ex Works" is agreed, the risk transfers to the Buyer as soon as the goods leave the Seller's warehouse or are ready for collection.
Stated delivery times are indicative and are never to be regarded as a strict deadline, unless explicitly agreed otherwise. Delays in delivery, for example due to phytosanitary inspections during export, do not entitle the Buyer to compensation.
Article 5. Packaging (CC Trolleys and Pallets)

Reusable packaging, such as Danish trolleys (CC containers) and shelves, remains the property of the respective pool organization or the Seller.
CC containers are exchanged immediately upon delivery ("one-for-one"). If the Buyer cannot return equivalent empty containers upon delivery, the costs for rental or purchase of these containers will be charged to the Buyer.
Article 6. Quality and Complaints

The Buyer is obliged to inspect the delivered goods immediately upon receipt for quantity and visible defects.
Living products (Plants): Complaints regarding the quality of plants must be reported to the Seller in writing (preferably via email with photos) within 24 hours of receipt. After this period, the delivery is deemed to be accepted correctly.
Hard materials (Pots/Planters): Complaints regarding non-living materials must be reported in writing within 5 working days of receipt.
A complaint does not suspend the Buyer's payment obligation.
Returns are only accepted after prior written approval by the Seller.
Article 7. Retention of Title

All goods delivered by the Seller remain the property of the Seller until the Buyer has fulfilled all its payment obligations (including any interest and costs).
The Buyer is not permitted to pledge or otherwise encumber the goods subject to retention of title.
For export: If the law of the destination country offers more extensive possibilities for retention of title, those provisions shall apply in addition to the above.
Article 8. Payment

Payment must be made within 30 days of the invoice date, unless agreed otherwise (e.g., prepayment for new export clients).
If the payment term is exceeded, the Buyer is legally in default and owes statutory commercial interest. All judicial and extrajudicial collection costs shall be borne by the Buyer.
Article 9. Liability

The Seller is not liable for damage resulting from improper use or care of the plants after delivery (e.g., incorrect placement, watering, temperature).
The Seller's liability is at all times limited to the invoice amount of the relevant delivery.
The Seller is never liable for indirect damage, such as consequential damage, lost profits, or missed savings.
Article 10. Force Majeure

In the event of force majeure (including: harvest failures, extreme weather conditions, transport strikes, pandemics, or government measures), the Seller is entitled to suspend the execution of the agreement or to dissolve the agreement without being liable for compensation.
Article 11. Applicable Law and Disputes

All legal relationships to which the Seller is a party are exclusively governed by Belgian law. The applicability of the Vienna Sales Convention (CISG) is excluded.
Disputes shall be exclusively settled by the competent court in the district where Aquarella (headquarters) is established.