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GENERAL

The following terms are an integral part of all agreements and are agreed upon by the act of ordering. This offer is without obligation and supersedes all our previous catalogues and other offers. All previous stipulations on discounts are no longer valid.

PRICES

Prices are indicated in EURO (€). All prices in the on-line plant catalogue and in the printed catalogue are given both excluding VAT (at the moment of appearance of this catalogue 6%) and also including VAT. The VAT will be charged to all customers of the EU unless a valid EU VAT registration number is provided at the moment of placing the order. Prices in the Garden Center always include the VAT. Due to the EU regulations this VAT cannot be avoided in the Garden Center. Orders shipped outside the EU will not be charged any VAT. The prices mentioned in this catalogue for books and are including VAT (also 6%).

Price changes can occur, but will be avoided as much as possible. If VAT rates or other government rates change prices will change accordingly. The catalogue as it appears on our Internet site www.esveld.nl/engels.php is always the valid one, all changes are listed there.

DISCOUNTS

The complete system of discounts is found on this page.

PAYMENT

All accounts are due 2 weeks net after date of invoice. 1% interest per month will be charged on overdue accounts. All collecting charges are at purchaser's expense. New orders will not be executed until all previous due invoices have been paid. All goods delivered remain our property until payment in full is received.

Payment can be made to our account with the ABN-AMRO Bank, Boskoop, account IBAN: NL32ABNA0469521597. BIC: ABNANL2A, or to our ING Bank account IBAN: NL32INGB0001315055, BIC: INGBNL2A, PIN for Maestro cardholders or cash when collecting your plants.

Credit Card payments can be accepted, but ONLY in de Garden Centre when used electronically, they can NOT be accepted by mail, fax or telephone. You can also use the secure Internet server of Paypal starting at this page if you want to use your creditcard for a payment to us.

All goods remain our property until payment in full is received. If invoices remain unpaid all legal charges will be at the expense of the buyer.

PICKING UP / SHIPMENT

We generally ship our orders yearround, except when the weather does not permit it. In summer the risks are higher, we try to avoid hot weather, but we can not be held responsible for losses due to hot conditions during transit. We can not ship during frost periods.

It is of course possible to collect plants during our opening hours.

Extreme weather conditions can cause damage to certain plants, also to already sold and confirmed, but not yet delivered plants. In those circumstances we are not obliged to supply.

It takes a minimum of 1 week to prpare orders.

Orders to be picked up will be in the Garden Centre.

Collecting your ordered plants is possible during the above periods to save packing cost. Shipping small quantities is extremely expensive and should be avoided if possible. We only send small orders if the customer agrees to cover the cost, which can amount to 100% of the value of the plants or even more.

SHIPPING

All goods are sent at purchaser's risk and expense from seller's nursery. The plants will be professionally packed and packing material will be charged to the buyer at cost. An indication of shipping costs for several countries can be found here. Small shipments (up to 30 Kg inside the EU and 20 Kg outside the EU and below 125 cm in length) are sent by postal service. an indication of the postage charges can be found here.

Shipments containing only one or a very few large plants are very difficult, expensive and risky for damage. These orders are not executed unless the buyer explicitly accepts the high costs and risks.

Any questions about the shipping should be directed to us, it may however take a day to answer questions regarding shipments.

Shipping costs are charged at cost. We often can give estimates for shipping, but that is all they are: estimates! Actual shipping cost may deviate from this depending on final weight and size.

Large packing material (like crates and pallets) cannot be taken back, unless brought back by the purchaser without cost to us and undamaged. Please see this page for indications on the costs of packing materials.

All extra charges like cost of examination by the Phytosanitary Service will be for buyer's account. The charge for this service is 2% of the amount of the invoice with a minimum of EURO 125.-- and is mandatory for all exported plants outside the EU or Switzerland. Costs due to other Governmental regulations will be charged to the buyer.

Books are sent by bookpost, for costs of shipping see the bookshop on-line. Books may be returned within 2 weeks of receipt, the customer will be credited for the value of the books provided the books are returned undamaged and at no expense to us. The shipping costs made by us can not be credited.

COMPLAINTS

Complaints re the quality of the plants can only be accepted within one month of receipt of the goods, in writing only. Complaints re the transport must be made immediately upon receipt and on the CMR that accompanies each shipment, in writing only to us and to the shipping company. We can mediate with the insurance company if you give full details on damaged plants and the circumstances in which the damage occurred. No complaint shall be honored without proof of purchase!

OTHER

When an order placed is canceled by the customer we have the right to a damage payment. If the cancellation arrives longer than a month before the planned delivery date the damage payment will be equal to 15% of the value of the cancelled order. If the cancellation comes within a month but longer than 2 weeks before the planned delivery date the damage payment will be equal to 25%; if the cancellation comes within 2 weeks of the planned delivery date the damage payment will be 50% of the value of the cancelled order.

In all cases where the above terms of sale do not apply Dutch Law applies. In case of dispute the Court of Law in the Netherlands rules.

Our VAT-Identification Number is NL 007321466B01.

ABBREVIATIONS

Some abbreviations and symbols have been used:

pot = All plants marked 'pot' are containergrown. The sizes of these varieties are not relevant. Many of these have to be pruned back in spring, like many summer-flowering shrubs. The length of climbers like Clematis is not relevant as well. If applicable the sizes are mentioned, even if the plants are containergrown. Our range of varieties is very wide, making it impossible to list all container sizes. Unless noted, the minimum container size is 14 cm.

B/L = Limited supply, the number of plants available is limited and often sold out early in the season. It is often not possible to get these varieties at one of our suppliers.

-/- = Novelty or rarity, not yet in cultivation. These varieties are usually not yet for sale. It is sometimes possible to supply one plant, if ordered very early. We look for and introduce new varieties regularly. We like to publish these names as soon as possible. If you want, we can put your wishes on a waiting list. Our computer system allows us to do so.

DT = Half standard, length of the stem is 120 centimeters (4 feet). We use this also for lower standards like dwarf forms of Salix, Euonymus etc. grafted on 60-80 cm. Most half standards have a circumference of 5-6 or 6-8 cm.

HT = Full standard, length of the stem is 180-200 cm (6-7 feet). Circumference is ususally 8-10 cm. For larger sizes we charge higher prices. Prices for these are on demand.

(00/00) Months in which the plant normally flowers. In those cases where other features of the plant are more important (like the fruit) months in which these other features are there.

Examples: (05/06) = flowers in May and June
(08) = flowers in August

Please note that these are always estimates, this is not an exact science as it is often highly dependent on all sorts of conditions, like weather and soil.

SIZES

The sizes are indicated in centimeters and must be applied to the height or the diameter of the plant depending on its habit.

We supply a well-grown shrub in those cases that no size is indicated.

If a certain size is not available we will, if possible, supply a plant of a higher or lower size.

SUBSTITUTE VARIETIES

Sometimes we get orders for plants already sold out. It is often possible to substitute such varieties with very similar ones. If you won't allow any substitute please indicate this on your order.

WAITING LIST

It is possible to have plants not available on our waiting list. If and when the plant becomes available we will supply it automatically, if possible combined with a new order. Please indicate clearly on your order if you want to use this service. If it is not indicated on your order, unavailable plants will not be placed on the waiting list.

WINTER HARDINESS AND PLANT DESCRIPTIONS

We do indicate the hardiness of our plants on our website along with many other plant characteristics such as autumn colour, height and more. It must be noted that all these are based on our local experiences and climate and may differ elsewhere. It is impossible to give these characteristics for all climatic conditions customers may have as they are are widespread all over Europe and the rest of the world. The climatic conditions are too different. Therefor no claims based on the plant descriptions on the site will be honored.

EXPLANATION OF THE WAY OF LISTING OF THE PLANTS IN THIS CATALOGUE

All plants except the Rhododendrons and the Perennials in this catalogue are listed in the same way. The method of listing is described here. For the method of listing of the Rhododendrons and the perennials, see the applicable chapters.

The first line for each genus contains the following:

1. The name of the genus. Always in a large font and bold.

2. Name of the family it belongs to. Always normal font and in brackets.

When good literature is available for this genus, it is mentioned and priced here.

Directly below this line is a line with general information on the genus in a few keywords.

Below this line the individual species and cultivars are listed. Each line consists of 6 columns.

1. 'Name'-column. The name of the species or cultivar. Always printed in bold letters. Wherecommonly used, but invalid names are known these are given in normal letters and the correct name is given.

2. 'Information'-column. Here some characteristics of the plant are given, for example colour, flowering period etc. This information is not translated in English due to space limitations. For the translation of the colours and several other widely used words see page 24. Also some common names are given, in Dutch only, which can not be translated.

3. 'Availability'-column. This column contains either nothing, B/L or -/-. B/L means limited availability, -/- means that this plant is only occasionally available.

4. 'Size'-column. The size of each plant is expressed in centimeters when delivered, not how big it will become. According to the habitus of the individual plant it gives the height or width of the plant. Where no size or just 'pot' is given, the size has no influence on the selling price of the plant.

5. 'Price excluding VAT'-column. Price each excluding VAT for orders of 1 to 4 of the same variety. For the discount structure see below.

6. 'Price including VAT'-column. Price each including VAT for orders of 1 to 4 of the same variety. For the discount structure see below.

GUARANTEE

We guarantee all plants to be true to name. Help us as much as you can in describing the wrongly labeled plants, or even better, bring them back. In the past we learned that there can be much confusion about plant names.

Nobody can guarantee regrowth, and neither can we. However we are always willing to help find a solution if plants are badly damaged.

We cannot take responsibility for damage caused by frost or any other extreme weather conditions.

EXPORT to all countries outside Europe and to Russia

It is in principle possible to ship plants to all countries.

The regulations of the Phytosanitary Services must always be observed; the importation of soil e.g. is almost always prohibited. Please ask for details before placing an order. If so required all plants must be washed and cleaned carefully, which is virtually impossible to do in such a way that guarantees that all plants will survive. Therefore no responsibility for losses can be taken by us. Also the cost of washing and packing is so high, that it becomes prohibitive, especially on small orders.

Due to the very high costs involved and the risks we must ask for a prepayment for orders to be washed. The amount to be prepaid is the total of the order plus 100% for the washing and packing and shipping C.I.F. If the value of the order is higher than € 5000.-- then the surcharge is 90%. If the value of the order is € 10000.-- or higher then the surcharge is 80%. Unfortunately due to the high cost of washing and shipping it is not possible to ship orders below € 2500,--, unless the customer is willing to pay the minimum surcharge, which is € 2500.--. Please wait with your prepayment until we have confirmed your order.

No shipments will be done without prepayment. You will be either debited or credited for the difference (if any) between your prepayment and the actual cost of the order including washing, handling, inspection and shipping.

Shipping usually takes place in December or early spring, depending on weather conditions and destination.

There is a list of plants not allowed entry into Canada, the U.S.A., Russia, Australia, Japan and many other countries. We can give you more information on request.

An import permit is almost always necessary. This permit, the green/yellow labels (USA) or the permit number (Canada, Australia) should be sent to us with your order if possible.

It is often not possible to send any plants to most countries outside Europe without an Import Licence. We need this at least one month before the shipping date.

Sending shipments outside Europe has proven to be extremely difficult because of the way the Customs treats shipments with plants. They tend to take a long time to clear a shipment, sometimes charging high costs for no apparent reason. Also regulations tend to suddenly change, sometimes even unnanounced. Also, even if the shipment has all the necessary paperwork and have been thoroughly inspected and certified to be free of all pests and diseases by the Dutch Phytosanitary Service local Phytosanitary Services may rule otherwise and take plants out of a shipment or even refuse an entire shipment entry. We can NEVER take any responsibility for any such incidents! All costs involved in such incidents are for the buyer. Also we can NEVER be held responsible for losses sustained during transit of a shipment even if the shipment is delayed or does not reach the customer at all for any reason whatsoever!

Recent bad experiences with the US and Canadian Phytosanitary Services cause us to warn USA and Canada customers especially that their risk is extreme.

Shipments to Russia can not be done directly by us as we are not certified by Russian AUthorities to send directly. All shipments must go through a third party. We can make the necessary arrangements, but please be advised that the shipping cost can be extremely high, especially for smaller shipments. Unfortunately we can NOT predict exact shipping costs.