Terms and conditions
This is an English rendering of the Dutch original published by Clearworld BV, adapted for GrowGreen. It has not been reviewed by a lawyer. Where the two differ, the Dutch original prevails, except where a note says how a GrowGreen order works; those notes apply to GrowGreen orders. The clauses below come from terms written for a buyer who takes plants away, and are marked where the GrowGreen purchase works differently.
GrowGreen is operated for Clearworld BV (BE 1005.600.483), which sells the trees, pays the yearly amount and holds your contract. When you order through GrowGreen, your purchase agreement is with BV Clearworld and the terms below apply to it.
The following terms apply to prices, offers, orders, agreements and other documents from which obligations could arise for BV Clearworld, to the exclusion of the customer's own terms.
An amendment or addition is binding only after written agreement between BV Clearworld and the customer.
This sales agreement takes effect on payment of the order placed. Before paying, the customer accepts BV Clearworld's contract and these terms electronically inside the GrowGreen checkout, together with the information note of the project the trees are allocated to. GrowGreen records who accepted what, when, and which version, and passes that record to BV Clearworld with the order. Acceptance is that record, not the act of ordering.
01Paulownia trees
BV Clearworld makes every effort to ensure that the information made available is complete, accurate and up to date. It is intended to give the buyer an idea of what the product will look like. Photographs are taken depending on the season and are only an indication. All details stated on the site, such as dimensions and colours, may be subject to change and are not binding unless expressly confirmed in writing by BV Clearworld.
All prices on our site are subject to printing errors; no liability is accepted for the consequences of printing errors. Photographs may not be copied or used for any purpose without the prior written consent of BV Clearworld. BV Clearworld reserves the right to claim damages where infringements are found.
02Prices
All prices are expressed in euro including VAT, in accordance with the conditions set out in the contract signed between the parties. BV Clearworld reserves the right to adjust the price list according to market conditions, except for agreements already concluded. The invoice price is based on the price shown on the site at the time the order is registered.
All plant prices are valid while stocks last and provided the conditions of the offer and the contract are met, in particular the minimum and maximum purchase amounts stated at checkout.
03Orders
The right to withdraw from a distance purchase within 14 days does not apply to products that are liable to die or deteriorate rapidly (Belgian Code of Economic Law, art. VI.53, 4°). Cancelling or changing an order must therefore be done within 24 hours of the order being registered. If you withdraw from your order, 25% of your purchase amount excluding VAT is charged. The new delivery date takes effect after registration of the amended order.
BV Clearworld reserves the right to refuse an order that contains irregularities. The customer is informed within 48 hours.
Note: the paragraph on cancelling above is Clearworld BV's published text. For orders placed through GrowGreen the legal 14-day cooling-off period applies: you can withdraw from your order within 14 days, without giving a reason.
04Making the trees available
Your trees are not delivered to you. They stay on land BV Clearworld owns, in Belgium or France, and BV Clearworld plants, maintains and harvests them.
After payment your order is allocated: BV Clearworld assigns your trees to the plantation it has open and returns their individual tree numbers, normally within 2 to 3 days, together with your purchase confirmation and invoice; the individual tree numbers follow as each tree is registered. Until then your order shows as allocating; after that it shows as planted, with the project, the tree numbers and the location.
Note: the Dutch original of this clause is written for a buyer who takes plants away. What is described above is what actually happens to your trees.
05Force majeure
BV Clearworld is released from its obligations to deliver plants in the event of crop failure, abnormal weather conditions or other cases of force majeure. Force majeure means: strikes, fire, energy failures, business interruptions, failures in the telecommunications network, or an unforeseen and insurmountable event caused by third parties. BV Clearworld will notify the buyer in writing or by email where applicable.
06Checking your allocation
Because the trees stay on BV Clearworld's land, there is nothing for you to inspect on receipt. What you should check is the allocation: when your tree numbers, project and planting date appear, tell GrowGreen straight away if anything does not match your order, and we take it up with BV Clearworld.
The condition of the trees themselves is BV Clearworld's responsibility. It replaces damaged trees from its reserve plantations when those reserves allow; GrowGreen is a third party and never decides or promises a replacement. What happens if a tree dies and cannot be replaced is set out in the risk factors.
Note: the Dutch original of this clause requires the buyer to inspect the goods within 24 hours of receipt. No GrowGreen customer receives goods, so that duty is described here as it can actually be performed.
07Privacy
Customer data provided to BV Clearworld is used only to carry out its core tasks: orders, offers, newsletter and the like. This data is not passed on to third parties. You can always object to receiving mailings, proposals and information letters by email. BV Clearworld cannot be held responsible for data problems caused by external factors.
08Growth guarantee on the tree, not on your money
This guarantee covers the tree itself. It is not a guarantee of your money and not a guarantee of your return. The yearly return is promised by Clearworld BV, never guaranteed, and the buyback at harvest is a right of Clearworld BV and not an obligation. Read the risk factors.
Within that limit, Clearworld BV guarantees the authenticity of the Paulownia tree. Your trees are grown in open ground on Clearworld BV's own plantations, which is the condition the growth guarantee in the Dutch original attaches to. The growth guarantee runs from the moment your trees are allocated and planted.
Excluded from that guarantee is the death of the tree as a result of drought, infection by insects or fungi, incorrect use of pesticides, and severe winters.
09Acceptance
These general terms, together with the signed agreement, form the entirety of the arrangements and agreements between the parties. They cannot be applied separately and form one continuous whole.
Every amount is promised by Clearworld, not guaranteed; you can lose all or part of what you paid.