Terms and conditions
Please read our terms and conditions which apply to all our services, the usage of the Garden Center Guide and any offers/promotions. Click here to open our terms & conditions (PDF) or read the terms & conditions below.
Article 1. Definitions
In these terms and conditions the following terms shall have the following meanings:
1. Garden Connect: the private limited company Garden Connect B.V., trading under the names “Garden Connect”, “Tuincentrum Overzicht”, “Garden Center Guide”, “Garden Centre Guide” and “Figapro”, established at Zwanenburgerdijk 303, 1161 NM, Zwanenburg, NL registered in the Chamber of Commerce under number 55257577 in Amsterdam, NL.
2. Client: the natural or legal person, who assigns Garden Connect to execute works (or have them executed) and/or render services, or who purchases products from Garden Connect.
Article 2. Applicability
1. These general terms and conditions apply to all tenders, offers, agreements and deliveries of Garden Connect, of whatever nature, unless the applicability is wholly or in parts explicitly ruled out in writing or, unless explicitly agreed upon otherwise.
2. Any terms and conditions from the Client are explicitly rejected. Deviations from and additions to these terms and conditions will only apply if and in so far as these have been explicitly accepted by Garden Connect and in writing.
3. When Garden Connect during a shorter or longer period of time either or not tacitly allows for deviations from these general terms and conditions, this does not affect its rights to as yet demand immediate and strict compliance with these terms and conditions. The Client may never invoke (or have invoked) any rights whatsoever based on Garden Connect's flexible application of the terms and conditions in question.
4. Garden Connect retains the right to amend the terms and conditions in question at any given time. The amended terms and conditions will apply from the moment the Client is notified of the amendment, subject to the proviso that for agreements already concluded, the terms and conditions that were in force on the day the agreement was concluded will remain in force.
5. In case one or more of the provisions of these terms and conditions or any other agreement with Garden Connect would be in violation of a mandatory legal provision or any applicable statutory regulations, the provision in question will cease to apply en be replaced by a new, legally permissible and comparable provision to be determined by Garden Connect.
6. The terms and conditions in question also apply to all agreements with Garden Connect, for the execution of which the involvement of third parties is required.
7. In case by Client multiple (legal) persons or enterprises are indicated, these will be jointly and severally be obliged to comply with all obligations arising from the agreement concluded with Garden Connect.
8. The most recently filed version or as the case may be, the version that applied at the conclusion of the agreement with Garden Connect, will always be the prevalent version.
9. The Dutch text of these general terms and conditions will always take precedence concerning its interpretation.
Article 3. Offers and tenders
1. All offers and tenders of Garden Connect are subject to confirmation, unless a period for acceptance is included in the offer. In case no period for acceptance is set, in no way whatsoever may any right be derived from the offer or tender if the product or the service that the offer or tender pertains to is no longer available in the meantime.
2. Garden Connect may not be held to its offers or tenders in case the Client may reasonably understand that the offers and tenders, or portions of these contain an obvious mistake or manifest error in writing.
3. The prices stated in an offer or tender are excluding VAT and other government levies, any costs to be incurred in the framework of the agreement, which include travel and subsistence expenses, dispatch costs and administrative costs, unless stated otherwise.
4. In case the acceptance (either or not on minor points) deviates from what is stated in the offer or tender, Garden Connect will not be bound by this. The agreement will then not be concluded in accordance with this deviating acceptance, unless otherwise stipulated by Garden Connect.
5. A compound quotation does not oblige Garden Connect to carry out a portion of the assignment against a corresponding portion of the price quoted. Tenders and offers do not apply automatically to future orders.
Article 4. Contract duration, terms, execution and amendment of the agreement
1. The agreement between Garden Connect and the Client is concluded for an indefinite period of time, unless otherwise arising from the nature of the agreement or in case parties explicitly agree otherwise and in writing. Termination of the agreement of indefinite time will be effectuated only at the end of the quarter, with due observance of a term of notice of 30 days.
2. In case for the execution of certain works or the delivery of certain products a term is agreed or given, this will never be a strict deadline. In the event that a term is exceeded, the Client will therefore give Garden Connect written notice of default. In such case Garden Connect will be afforded a reasonable term to as yet carry out the agreement.
3. Garden Connect will execute the agreement to the best of its knowledge and ability and in accordance with high standards. All this based on the latest scientific and technical knowledge of that time.
4. Garden Connect has the right to have certain works carried out by third parties. The applicability of Book 7, Section 404, Book 7, Section 407, subsection 2 and Book 7, Section 409 of the Dutch Civil Code are explicitly ruled out.
5. Garden Connect is entitled to execute the agreements in various phases and to invoice the executed portion separately.
6. In case the agreement is executed in phases, Garden Connect may suspend execution of the parts that belong to a following phase until the Client has approved the results of the preceding phase in writing.
7. The Client will ensure that all data, which Garden Connect points out to be necessary or which the Client should reasonably understand to be necessary for the execution of the agreement, are provided to Garden Connect in time. If the data necessary for the execution of the agreement are not provided to Garden Connect in time, Garden Connect will be entitled to suspend execution of the agreement and/or to charge the extra costs arising from the delay to the Client according to the usual rates that apply then. The lead time will not commence until after the Client has made the data available to Garden Connect. Garden Connect will not be liable for any damage, of whatever nature, for departing from incorrect and/or incomplete data provided by the Client.
8. In case during the execution of the agreement it becomes apparent that for a proper execution of this it is necessary to amend or supplement it, parties will proceed to amendment in a timely fashion and in mutual consultation. In case the nature, scope or content of the agreement, either or not at the request or stipulation of the Client, of the competent authorities etcetera, is amended and the agreement as a result of this changes in terms of quality and/or quantity, this may have consequences for what was initially agreed upon. This may also result in an increase or decrease of the amount initially agreed upon. Garden Connect will submit a quotation of his in advance, as far as possible. An amendment of the agreement may furthermore change the initially given term of execution. The Client will accept the possibility of an amendment of the agreement, including the change in price and term of execution.
9. In case the agreement is amended, which will include a supplement, then Garden Connect will be entitled to execute this, only after approval thereto is granted by the authorised person within Garden Connect and the Client has agreed to the price and other terms and conditions stated for the execution, including the time to be determined then, when execution will take place. Failure to execute the amended agreement, or failure to execute it immediately, does not constitute default by Garden Connect and provides no grounds for the Client to cancel or terminate the agreement.
10. Without being in default with this, Garden Connect may reject a request for amendment of the agreement in case in terms of quality and/or quantity, this would for instance affect the works to be performed or products to be delivered in that framework.
11. In case the Client should be in default of proper compliance with its obligations towards Garden Connect, the Client will then be liable for all damages on the part of Garden Connect which may directly or indirectly arise as a result of this.
Article 5. Prices and price changes
1. In case Garden Connect agrees on a fixed remuneration or fixed price with the Client, Garden Connect will nevertheless at all time be entitled to increase this remuneration or this price without the Client in such a case being entitled to terminate the agreement for that reason, if the increase of the price arises from competence or obligation pursuant to legislation or regulations or is caused by a rise in the price of raw materials, wages, etcetera or based on other grounds which could reasonably not be foreseen when concluding the agreement.
2. In case the price increase other than as a result of an amendment of the agreement amounts to more than 10% and takes place within three months after concluding the agreement, only the Client will be able to rely on Book 6, Title 5, Section 3 of the Dutch Civil Code and be entitled to terminate the agreement by written statement, unless Garden Connect:
a. in that case is as yet prepared to execute the agreement on the basis of what has been agreed upon initially;
b. in case the price increase arises from a competence or an obligation of Garden Connect pursuant to the law;
c. in case it is established that the delivery will take place three months after the conclusion of the agreement;
d. or, in the event of delivery of a product, in case it is established that delivery will take place later than three months after the purchase.
Article 6. Suspension, termination and early termination
1. Garden Connect is authorised to suspend compliance with the obligations or to terminate the agreement in case the Client fails to comply with its obligations under the agreement, or fails to comply with them fully or in time, in case circumstances are disclosed to Garden Connect after concluding the agreement which give good grounds to fear that the Client will be unable to with the obligations, in case the Client upon concluding the agreement is requested to provide security for the compliance with its obligations under the agreement and said security is not forthcoming or insufficient, or in case due to the delay on the part of the Client it may no longer be expected from Garden Connect to comply with the agreement under the initially agreed conditions.
2. Furthermore Garden Connect will be authorised to terminate the agreement in case of circumstances which are of such a nature that compliance with the agreement is impossible, or in case circumstances occur otherwise, which are of such a nature that it may reasonably not be expected from Garden Connect to maintain the agreement unchanged.
3. In case the agreement is terminated, the amounts due to Garden Connect from the Client will become immediately payable. If Garden Connect suspends compliance with the obligations it will retain its entitlements under the law and the agreement.
4. In case Garden Connect proceeds to suspension or termination it will in no way whatsoever be obliged to compensate for damages and any other costs that may have arisen in any which way.
5. In case the termination is attributable to the Client, Garden Connect will be entitled to compensation of the damages, including there within the costs, which directly and indirectly arose from this.
6. In case the Client fails to comply with its obligations arising from the agreement and this failure to comply justifies termination, Garden Connect will be entitled to terminate the agreement forthwith and with immediate effect without any obligation on its part to pay for any damages or indemnification, while the Client, pursuant to attributable failure to perform, will be obliged to pay for damages or indemnification.
7. In case the agreement is terminated early by Garden Connect, it will, in mutual consultation with the Client, ensure delegation of works to be carried out to third parties. This, unless the termination is attributable to the Client. in case the delegation of works involves extra costs for Garden Connect, these will be charged to the Client. The Client will be obliged to pay these costs within the term set for that purpose, unless otherwise stipulated by Garden Connect.
8. In case of liquidation, of (a request for) suspension of payments or bankruptcy, of attachment - if and in so far as the attachment is not lifted within three months - in the name of the Client, of debt restructuring or any other circumstance which prevents the Client to freely dispose of its capital, Garden Connect will be free to forthwith and with immediate effect terminate the agreement, or as the case may be, to cancel the order or the agreement, without any obligation on its part for payment of damages or indemnification. The claims Garden Connect holds over the Client will be immediately due and payable in that case.
9. In case the Client cancel an order it had placed in full or in part, the works that were carried out and the goods ordered and prepared for that purpose, increased by any costs made in the framework of the agreement and the labour time reserved for the execution of the agreement will integrally be charged to the Client.
Article 7. Payment and collection costs
1. Payment must be made within 14 days after the invoice date, in a manner to be stipulated by Garden Connect, in the currency used on the invoice, unless Garden Connect states otherwise in writing. Garden Connect will be entitled to invoice periodically.
2. In case the Client remains in default concerning timely payment of an invoice, the Client will be in default by operation of the law. The Client will in that case owe an interest of 1% per month, unless the statutory commercial interest is higher, in which. The interest of the due and payable amount will be calculated from the moment that the Client is in default until the moment that the full amount owing is paid.
3. Garden Connect is entitled to apply the payments made by the Client firstly to settle the costs, then the interest that has fallen due and finally the principal sum and the current interest. Garden Connect may, without being in default as a result, refuse an offer for payment if the Client indicates an alternative sequence of settling debts. Garden Connect may refuse repayment in full of the principal sum, in case the interest that has fallen due and current interest and collection costs are not also paid then.
4. The Client will never be entitled to settlement of the amount payable to Garden Connect. Objections against the amount of the invoice do not suspend the obligation to pay. The Client, who may not rely on Section 6.5.3 (the Sections 231 up to and including 247 of Book 6 of the Dutch Civil Code) is also not entitled to suspend payment of an invoice for another reason.
5. In case the Client remains in default or fails to (timely) comply with its obligations, all reasonable costs incurred to an out-of-court settlement shall be borne by the Client. The extra-judicial costs are calculated based on the common practice of Dutch collection services, currently the calculation method according to the Voorwerk II report. However, if Garden Connect has incurred higher costs for collection which were necessary within reason, the actual costs incurred will be eligible for reimbursement. Any judicial costs and execution costs will also be recovered from the Client. The Client will also owe interest over the collection costs outstanding.
Article 8. Liability
1. In case Garden Connect is liable, this liability will be limited to the stipulations in this provision.
2. Garden Connect will not be liable for damages of whatever nature, which may arise from Garden Connect acting on incorrect and/or incomplete data provided by or on behalf of the Client.
3. In case Garden Connect is liable for direct damage, this liability will be limited to no more than the amount of the invoice, or at least that portion of the agreement to which the liability pertains. If the damage pertains to a subscription service, this damage will not exceed the invoice value of one 12- month period.
4. Direct damage will exclusively mean:
a. the reasonable costs to determine the cause and extent of the damage, in so far as the determination pertains to damage in the sense of these general terms and conditions.
b. Any reasonable costs incurred to have the faulty performance from Garden Connect conform to the agreement, unless these cannot be attributed to Garden Connect.
c. Reasonable costs incurred for the prevention or limitation of damage, in so far as the Client proves that these costs have caused a limitation of direct damage in these general terms and conditions.
5. Garden Connect will never be liable for indirect damage, including consequential damage, lost profit, missed savings and loss due to business interruption.
6. The liability of Garden Connect will in any case each time be limited to the amount of the claim of its insurer where applicable.
7. The limitations included in these general terms and conditions of the liability for direct damage will not be applicable if the damage is attributable to wilful intent or gross negligence on the part of Garden Connect.
Article 9. Force majeure
1. Garden Connect will not be bound to comply with any obligation towards the Client if it is impeded as a result of a circumstance which is not attributable to negligence, nor which it will be accountable for pursuant to the law, a legal act or according to generally accepted standards.
2. Apart from provisions to that effect included in the law and in legal precedents, in these general terms and conditions force majeure shall also be understood to mean all external causes, both foreseen and unforeseen, which Garden Connect cannot influence, but which prevent Garden Connect from complying with its obligations. This includes industrial actions in the company of Garden Connect or third parties. Garden Connect is also entitled to invoke force majeure in case the circumstance that prevents (further) compliance with the agreement occurs after Garden Connect had to comply with its agreement.
3. During the period that the force majeure continues Garden Connect suspend the obligations under the agreement. If this period lasts for more than two months, each party will be entitled to terminate the agreement, without obligations to compensate for damages to the other party.
4. In so far as Garden Connect, at the time the force majeure commences, at this point has partially complied with, or will be able to comply with its obligations under the agreement and independent value accrues to the portion complied with or to be complied with, Garden Connect will be entitled to separately invoice the portion complied with, respectively to be complied with. The Client will be obligated to pay this invoice as if this were a separate agreement.
Article 10. Indemnity
The Client indemnifies Garden Connect from any claims by third parties whom in connection with the execution of the agreement suffer damages and of which the cause is attributable to other parties than Garden Connect. In case Garden Connect is approached by third parties in that respect, the Client will be obliged to support Garden Connect both extra-judicially and judicially and to forthwith do everything that it may be expected to do in such case. If the Client remains in default of taking adequate measures, Garden Connect will be entitled to do so itself, without a notice of default. All costs and damages arising as a result of this on the part of Garden Connect and third parties will integrally be at the expense and risk of the Client.
Article 11. Intellectual property
1. Garden Connect retains the rights and privileges that accrue to it based on the Copyright Act and other intellectual legislation and regulations. Garden Connect has the right to use the increased knowledge on its part from the execution of the agreement for other purposes, in so far as no strictly confidential information of the Client is communicated to third parties here.
2. Garden Connect provides delivered goods and services, which include but are not limited to websites, web shops, digital newsletters, newsletter systems, and other related services which are delivered to the Client based on a periodic subscription, merely on loan to Client and will never relinquish ownership of intellectual property, source codes, texts, pictures, images, technical descriptions, functional designs, specifications and other related matters. After termination of the agreement, every claim from the Client to all delivered goods and services will lapse and the Client will not be authorised to continue the use of (parts of) the delivered goods and services.
Article 12. Hosting
1. In case the provision of service from Garden Connect (also) serves to provide service regarding storage and/or transfer of materials (supplied by the Client) to third parties, such as in case of webhosting services and/or e-mail services the provisions in this article will further apply.
2. The Client will not publish or offer any information through (the servers of) Garden Connect which is in violation of Dutch law. This will particularly, but not exclusively include information offered without consent from the copyright holder(s), information which may be humiliating, threatening, insulting, racist, stirring up hatred, or discriminating, information containing child pornography and information that violates the privacy of third parties or constitutes some form of stalking, also hyperlinks, torrents or other references to such information on websites of third parties, wherever in the world (even when the information is legal in the jurisdiction in question).
3. Garden Connect uses a complaints procedure which will enable third parties (to be referred to hereinafter as: "Informants") to file a complaint that in their opinion, constitutes such a violation. In case a complaint, in the opinion of Garden Connect is justified, Garden Connect will be entitled to remove the material or make it inaccessible. In such a case, Garden Connect will also be entitled to submit the personal information of the Client to an Informant or the competent authorities. Garden Connect will inform the Client of the progress of this procedure.
4. When there is a case of information possibly liable to punishment, Garden Connect will be entitled to report this. In this case Garden Connect may hand over all relevant information of the Client to the competent authorities and perform all other acts requested from Garden Connect by said authorities in the framework of the investigation.
5. In case of (valid) complaints about the information offered by the Client, Garden Connect will be entitled to terminate and/or end the agreement.
6. Client indemnifies Garden Connect for all damages resulting from the above. Garden Connect will not be liable for any damage whatsoever that the Client suffers due to intervention by Garden Connect in the framework of this complaints procedure, not even when the complaint shows to be unjustified and/or the information shows not to be in violation of Dutch law.
7. Client will refrain from impeding other Clients and or internet users or from damaging the servers. Client will be prohibited from start up processes or programmes, either or not via the server, of which Client knows or may reasonably suspect that this will impede or cause damage to Garden Connect, other Clients or internet users. Garden Connect will inform Client of any measures.
8. Client will comply with the generally accepted rules of conduct on the internet as laid down in RFC1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) and future adjustments of this.
9. Without consent from Garden Connect, the Client will be prohibited from handing over the user name or user names and password or passwords provided by Garden Connect to third parties.
10. Garden Connect may set a maximum to the amount of storage space or data communications per month that the Client is allowed to use in the framework of the service provided by Garden Connect. In case of transgression of this maximum, Garden Connect will be authorised to charge an extra amount in accordance with the amounts for extra data communications stated on the website of Garden Connect. There is no liability for inability to send, receive, save or change data if an agreed limit for storage space or data communications has been reached.
11. Client will herewith grant Garden Connect an unrestricted licence to distribute, store, pass on or copy all material circulated by Client through the systems of Garden Connect in any way deemed appropriate by Garden Connect, however, exclusively in so far as this is reasonably necessary for the benefit of the compliance with the Agreement by Garden Connect.
12. In case the service provision to Client based on the agreement also comprises making back-ups of data of Client, with due observance of the periods agreed upon between parties in writing, and in absence of this, once a week Garden Connect make a full back-up of the data from Client in its possession. Garden Connect will keep the back-up during a term to be agreed upon between parties and if arrangements in this regard are lacking, during the usual terms at Garden Connect. Garden Connect will handle the back-up properly and keep it with due care and diligence.
13. Apart from the obligations arising from the law, damage arising from incompetence or failure to act in accordance with the above provisions will be at the expense of Client.
Article 13. Domain names and IP-addresses
1. In case the service provision from Garden Connect is (also) meant for Garden Connect to mediate on behalf of Client for obtaining a domain name and/or IP-address, the provisions of this article will further apply.
2. Application, granting and possible use of a domain name and/or IP-address are dependent on and subject to prevalent rules and procedures of the relevant registering authorities, among which the Foundation for Internet Domain Registration in the Netherlands (SIDN), ICANN, Nominet and RIPE. The relevant authority will decide on granting the domain name and/or IP-address. Garden Connect will play only a mediating role in the application and provides no warranties for the application to be honoured.
3. Client may solely from the confirmation via e-mail from Garden Connect, containing notification that the requested domain name has been registered, be informed of the fact of registration. An invoice for registration costs is no confirmation of registration.
4. Client indemnifies Garden Connect and keeps it free from all damages in connection with (the use of) a domain name on behalf of or by Client.
5. Garden Connect is not liable for the loss by Client of its right(s) to a domain name or for the fact that in the interim the domain name is applied for and/or obtained by a third party, except for in case of wilful intent or gross negligence on the part of Garden Connect.
6. In case Garden Connect registers a domain name in its name for the benefit of Client, Garden Connect will cooperate in case of requests from Client for moving, transferring or cancelling this domain name.
7. Client must conform to the rules set by the registering authorities for application, granting or use of a domain name and/or IP-address.
8. Garden Connect has the right to make the domain name and/or IP-address inadmissible or unfit for use, or put it (or have it put) in its own name when Client remains demonstrably in default in complying with the Agreement, however, solely and exclusively after lapse of a reasonable term for compliance set in a written notice of default.
9. In case of termination of the Agreement for breach of contract by Client, Garden Connect will be entitled to discontinue the domain name and/or IP-address or else put it (or have it put) in its own name.
Article 14. Security
1. In case Client and third parties communicate with the aid of electronic devices, such as via e-mail, websites web shop and other forms of data communication, both parties will ensure there is adequate protection against viruses. Garden Connect will make a reasonable effort to secure its systems against loss and/or any form of unlawful use and for this it will implement fitting technical and organisational measures, among other things taking due account of the state of the art. Garden Connect will not be liable towards Client for any damage resulting from the transfer of viruses and/or other irregularities in the electronic communication, nor for messages which have not been received or which are damaged.
2. Client must secure its own computer system in such a way that third parties cannot be granted unauthorised access.
Article 15. Internet services, newsletters and support
1. In case the service provision from Garden Connect (also) means that Garden Connect provides internet services, develops websites or provides a platform to send digital newsletters for Client, the provisions in this article will further apply.
2. Garden Connect does not warrant that the websites and systems operate properly, coherent with all types of new web browsers and internet browsers and any other software. Garden Connect also does not warrant proper operation of the website in coherence with all types of equipment.
3. The Client must observe the strict letter of the law and regulations in the field of e-mail marketing and declares to comply with this through the use of the systems.
4. In case the service provision to Garden Connect based on the agreement also comprises support to Client or (end)users of the service, Garden Connect will advise via telephone or e-mail on the use and operation of the software referred to in the agreement and on the use of the service. Garden Connect may attach conditions to the qualifications and the number of contact persons that qualify for support. Garden Connect deal with properly founded requests for support within a reasonable term. Garden Connect will not warrant correctness, completeness or timeliness of reactions or support offered. Unless otherwise agreed upon in writing, support will only be rendered on work days during the usual office hours of Garden Connect.
Article 16. Advertisements
1. All visitor's numbers, displays and/or impressions set forth by Garden Connect will only serve as an indication and provide no warranties and impose no obligations whatsoever in respect of the performances to be delivered.
2. The Client is not allowed to grant rights to third parties regarding advertisements purchased by the Client, unless this is done with the explicit consent from Garden Connect. In this case, "third parties" will explicitly not mean a subsidiary of the Client, all this as referred to in Book 2, Section 24a of the Dutch Civil Code.
3. Garden Connect is also at all time entitled to refuse placing advertisements in case of technical objections, rejection of the content, the nature, the meaning or the form of the advertisement in question and also, for reasons of a principle nature in connection with the edition or other compelling reasons on the part of Garden Connect. Advertisements may not contain expressions that are in violation of the law, other regulations (including the Dutch Advertising Code), public order or public morality, nor may the contents infringe the (intellectual property) rights of third parties. The Client indemnifies Garden Connect both judicially and extra-judicially for claims from relevant third parties and all damages suffered or to be suffered by Garden Connect as a result of, or in connection with this.
4. Garden Connect will by no means be liable for the damage arising from services and/or products offered by the Client in advertisements or on its website.
5. The advertising material must be submitted to the Garden Connect in time. Garden Connect is entitled to not handle or place advertising material which is not submitted in time, notwithstanding the obligation of the Client to pay an amount, which in the opinion of Garden Connect is reasonable and which will not exceed the full amount involved in the advertisement(agreement) in question.
6. The Client warrants that digitally submitted advertisement material is safe and does not contain Trojan horses, worms or other programmes which may in any way cause damage to the computer systems, computer programmes or websites of Garden Connect. The Client also warrants that upon submitting advertisement material online it will not us equipment and/or software which may disrupt the regular operation of the websites of Garden Connect, nor to send data which because of their size and/or properties may disproportionately burden the infrastructure of the websites of Garden Connect.
7. Garden Connect does not warrant the quality of the representation of the advertisement on a website, possible deviations, differences in colour and other flaws that may occur.
Article 17. Product database
1. Garden Connect offers no warranties regarding the correctness, completeness and topicality of the (product)information it supplies or makes available. The Client is expected to inspect this (product)information on correctness, completeness and topicality itself, prior to its use and/or publication.
2. Garden Connect may use images, pictures, descriptions and other information in its product database, in which rights of third parties are vested. Client will not be entitled to distribute, multiply and/or exploit the product information in any way whatsoever, without explicit written consent from Garden Connect.
3. The Client indemnifies Garden Connect from all claims from a third party regarding images, pictures, descriptions and other information made available by Garden Connect by way of its product database.
Article 18. Applicable law and disputes
1. All legal relationships Garden Connect is party to are solely governed by Dutch law, also if an engagement is wholly or partially executed abroad or if the party involved in the legal relationship resides there.
2. The court in the place of business of Garden Connect has exclusive jurisdiction to hear all disputes, unless the law prescribes otherwise as mandatory. Nonetheless Garden Connect has the right to submit the dispute to the court which has jurisdiction according to the law.