Terms and Conditions of Delivery for Olaf Nijenkamp Wholesale Garden Plants, B.V.

For our terms of delivery and payment, please refer to: 

• HBN Terms and Conditions: https://www.raadvoordeboomkwekerij.nl/HBNvoorwaarden.html (These will be sent to you upon request).

• Additional Terms of Delivery from Olaf Nijenkamp Tuinplanten BV. These apply to all our prices, quotes, orders, and delivered orders. You can read them below, and they will be sent to you upon request.

Additional Terms and Conditions of Delivery for Olaf Nijenkamp Tuinplanten BV

Version 3.0
Effective Date: August 1, 2026

These supplementary terms and conditions of delivery apply to all offers, quotations, agreements, orders, and deliveries by Olaf Nijenkamp Tuinplanten BV. Unless otherwise specified herein, the most current HBN terms and conditions also apply.

1. Offers, Prices, and Quotations

1.1 All offers for trees, plants, and other products are non-binding and valid while supplies last.

1.2 All prices, sizes, images, descriptions, and other information listed on the website, in quotations, price lists, catalogs, and other communications are subject to printing errors, typographical errors, availability, growing conditions, and changes made in the meantime.

1.3 All prices are exclusive of VAT and packaging, unless expressly stated otherwise.

1.4 Quoted prices are based on the purchase of the full quantities offered. In the event of partial purchases or partial deliveries, Olaf Nijenkamp Tuinplanten BV reserves the right to adjust the prices.

1.5 All quotations are subject to interim sales to third parties and to the growth and availability of the trees and plants offered.

2. Delivery and Transportation

2.1 Free delivery applies to orders totaling €450.00 or more, excluding VAT and packaging, for addresses within the Netherlands, with the exception of the Wadden Islands.

2.2 Deliveries to the Wadden Islands and other special locations are made exclusively upon request and under terms to be agreed upon.

2.3 Deliveries within areas with access restrictions, including Amsterdam’s 7.5-metric-ton zones, are made exclusively upon request.

2.4 If a delivery location is inaccessible or only partially accessible to standard freight transport, Olaf Nijenkamp Tuinplanten BV reserves the right to use alternative transportation. The resulting additional costs amount to €20.00 per pallet space, unless otherwise agreed upon in advance.

2.5 The driver of Olaf Nijenkamp Tuinplanten BV or a carrier engaged by the company shall independently assess whether a location is safely and reasonably accessible and suitable for unloading. The driver is authorized to designate an alternative unloading location if circumstances so warrant.

2.6 Driving pallet trucks over gravel, unpaved surfaces, speed bumps, or other obstacles is not possible and will not be done.

3. Packaging

3.1 Packaging, pallets, and containers will be accepted for return in accordance with the registered packaging balance on the customer’s account.

3.2 Packaging must be returned clean, empty, and in good condition. Damaged packaging will not be credited.

3.3 It is not possible to return more packaging than was delivered by Olaf Nijenkamp Tuinplanten BV during the relevant season.

3.4 Packaging will be picked up free of charge during a regular delivery or at a scheduled pickup time. The pickup time will be determined and scheduled by Olaf Nijenkamp Tuinplanten BV.

3.5 If packaging must be picked up separately without a new delivery, a transportation fee of €100.00 per trip will be charged.

4. Orders and Obligation to Purchase

4.1 Orders placed and accepted by Olaf Nijenkamp Tuinplanten BV are binding.

4.2 Ordered trees, plants, and other products must be accepted by the customer in accordance with the applicable HBN terms and conditions.

4.3 Olaf Nijenkamp Tuinplanten BV is entitled to supply equivalent alternatives if the ordered species, cultivars, or sizes prove to be unavailable, unless otherwise agreed in writing in advance.

5. Complaints

5.1 Complaints regarding visible defects, quantities, or quality must be reported in writing within six business days of delivery.

5.2 After this period has expired, the delivery is deemed to have been accepted in full and in accordance with the agreement.

6. Payment

6.1 Invoices must be paid within eight days of the invoice date, unless otherwise agreed in writing.

6.2 Payment shall be made by direct debit or net within eight days.

6.3 If the payment term is exceeded, the customer is automatically in default and is liable for statutory commercial interest.

6.4 All reasonable judicial and extrajudicial collection costs shall be borne in full by the customer.

7. Retention of Title

7.1 All delivered goods remain the property of Olaf Nijenkamp Tuinplanten BV until the customer has fully fulfilled all payment obligations.

7.2 As long as ownership has not been transferred to the customer, the goods may not be pledged, encumbered, or provided as security to third parties.

8. Liability

8.1 Olaf Nijenkamp Tuinplanten BV is not liable for damage resulting from drought, frost, flooding, improper handling, improper planting, improper maintenance, soil conditions, plant diseases, or other circumstances beyond its control.

8.2 Any liability on the part of Olaf Nijenkamp Tuinplanten BV is limited to the invoice amount of the relevant delivery, excluding VAT, packaging, and shipping costs.

8.3 Olaf Nijenkamp Tuinplanten BV is never liable for indirect damage, consequential damage, business interruption, loss of revenue, loss of profits, damage due to business stagnation, or other forms of financial loss.

9. Force Majeure

9.1 Olaf Nijenkamp Tuinplanten BV is not obligated to fulfill its obligations if it is prevented from doing so by force majeure.

9.2 Force majeure includes, but is not limited to: frost, storms, hail, drought, flooding, plant diseases, crop failure, supplier failures, transportation problems, traffic disruptions, strikes, sick leave, power outages, government measures, and other circumstances beyond the reasonable control of Olaf Nijenkamp Tuinplanten BV.

9.3 In the event of force majeure, Olaf Nijenkamp Tuinplanten BV has the right to suspend, amend, or terminate the agreement in whole or in part without being liable for any compensation.

10. My Customer Portal

10.1 Access to My Customer Portal is granted exclusively to business users following verification of company information and registration with the Chamber of Commerce.

10.2 Olaf Nijenkamp Tuinplanten BV reserves the right to temporarily deactivate accounts if the ordering service has not been used for a period of six months.

10.3 Use of My Customer Portal is at the user’s own risk.

11. Olaf Nijenkamp Online Subscription

11.1 Users who wish to use Olaf Nijenkamp Online exclusively as a reference tool, price guide, or plant database may take out a subscription.

11.2 The subscription fee is €450.00, excluding VAT, per calendar year.

11.3 The subscription is billed in advance and provides access to the available modules, prices, and features during the subscription period.

12. Intellectual Property

12.1 All intellectual property rights to texts, images, databases, plant information, product range overviews, prices, software, logos, trade names, corporate identity, and other content are exclusively held by Olaf Nijenkamp Tuinplanten BV or its licensors.

12.2 Without the prior written consent of Olaf Nijenkamp Tuinplanten BV, it is not permitted to copy, publish, distribute, or use this information commercially, either in whole or in part.

13. Privacy

13.1 Olaf Nijenkamp Tuinplanten BV processes personal data in accordance with applicable privacy laws.

13.2 The processing of personal data is governed by the privacy statement of Olaf Nijenkamp Tuinplanten BV, as published on the website.

14. Governing Law and Jurisdiction

14.1 All legal relationships with Olaf Nijenkamp Tuinplanten BV are governed exclusively by Dutch law.

14.2 Disputes shall be submitted exclusively to the competent court in the District Court of Overijssel, unless mandatory provisions of law require otherwise.

Olaf Nijenkamp Tuinplanten BV reserves the right to amend these supplementary terms and conditions of delivery. The most current version is available on the website of Olaf Nijenkamp Tuinplanten BV and will be sent free of charge upon request.

Olaf Nijenkamp Garden Plants Wholesale BV

Almelosestraat 88

8102 HE Raalte

Phone 0572 352 131

www.olaf-nijenkamp.nl

verkoop@olaf-nijenkamp.nl