Terms and conditions
Last updated: 15/06/2026
These terms and conditions apply to all orders, sales, invoices, deliveries and services by:
Taerwe Tropicals, located in Belgium
VAT number: BE0716774372
Email: info@taerwetropicals.com
Website: www.taerwetropicals.com
By placing an order through our webshop, by email, by social media or by any other sales channel, the customer confirms that these terms and conditions have been read and accepted.
If the customer is a consumer, these terms apply without prejudice to mandatory consumer protection rights under Belgian and European law.
1. Definitions
In these terms and conditions:
“Seller”, “we”, “us” or “Taerwe Tropicals” means the business identified above.
“Customer” means any person or business placing an order with Taerwe Tropicals.
“Consumer” means a natural person acting for purposes outside his or her trade, business, craft or profession.
“Business customer” means any customer acting for professional, commercial or business purposes.
“Goods” means all products sold by Taerwe Tropicals, including live plants, cuttings, seedlings, plant material, accessories and related products.
2. Scope
These terms and conditions apply to all offers, quotations, orders, sales, invoices and deliveries by Taerwe Tropicals, unless otherwise agreed in writing.
Any terms or conditions of the customer are excluded, unless expressly accepted in writing by Taerwe Tropicals.
If one provision of these terms is found to be invalid or unenforceable, the remaining provisions remain valid. The invalid provision will be replaced by a valid provision that comes as close as possible to the original intention.
3. Product information
Taerwe Tropicals sells live plants and related goods.
Live plants are natural products. Their size, colour, shape, pitcher development, root development and overall appearance may vary depending on season, age, growth stage, growing conditions and transport conditions.
Photos on the website, social media or other sales channels are generally representative. They show the type, quality or potential appearance of the plant, but do not always show the exact plant that will be delivered.
If a product is sold as “exact plant”, “specimen plant”, “the plant shown” or similar wording, the customer will receive the specific plant shown or clearly identified.
Product names, clone names, cross names, parentage information and descriptions are given as accurately as possible. Small differences, spelling variations or taxonomic changes do not automatically give the customer the right to cancel or claim compensation, unless the product delivered is clearly not the product ordered.
4. Availability
All offers are subject to availability.
Live plants may become unavailable due to growth issues, damage, disease, poor rooting, seasonal conditions, crop failure or quality concerns.
If a product is no longer available after an order has been placed, Taerwe Tropicals may offer an alternative product, issue a store credit or refund the amount paid for the unavailable product.
Taerwe Tropicals has the right to refuse or postpone the sale of a plant if, in our reasonable opinion, the plant is not fit for safe shipment.
5. Prices
All prices are shown in euros, unless stated otherwise.
Prices displayed on the webshop exclude VAT where applicable, unless explicitly stated otherwise.
Shipping costs, phytosanitary costs, customs costs, import duties, taxes and any other additional costs are not included in the product price unless explicitly stated.
The applicable shipping costs are shown during checkout or communicated before the order is confirmed.
Taerwe Tropicals may correct obvious pricing errors, typing errors or technical errors. If such an error affects an order, the customer will be informed and may either accept the corrected price or cancel the affected item.
6. Orders
An order is only confirmed once Taerwe Tropicals has accepted the order and, where applicable, payment has been received.
Taerwe Tropicals may refuse or cancel an order in the following cases:
– the product is unavailable;
– payment is not received in time;
– the customer provided incorrect or incomplete information;
– shipping is not possible or not legally allowed;
– phytosanitary or customs requirements cannot reasonably be met;
– the order appears fraudulent, abusive or commercially unreasonable;
– the destination country or region has import restrictions for the ordered goods.
Cancellation by Taerwe Tropicals does not give the customer the right to compensation beyond refund of the amount already paid for the cancelled goods.
7. Payment
All invoices must be paid within 14 calendar days after the invoice date, unless otherwise agreed in writing.
Webshop orders are only processed and shipped after full payment has been received.
If payment is not received within 14 calendar days, Taerwe Tropicals may cancel the order without further notice.
Partial delivery is allowed when not all ordered goods are ready or available at the same time. Each partial delivery may be invoiced separately and must be paid according to the payment terms stated on the invoice.
8. Late payment
For business customers, unpaid invoices automatically and without prior notice accrue late payment interest of 1% per month from the due date.
For business customers, non-payment or partial payment on the due date also gives rise to fixed compensation of 10% of the unpaid invoice amount, with a minimum of EUR 50 per invoice, without prejudice to the right of Taerwe Tropicals to claim higher proven damages.
For consumers, late payment interest, reminder costs and fixed compensation will only be charged in accordance with mandatory Belgian consumer debt collection rules.
For consumers, the first payment reminder is free of charge. After this reminder, the consumer has at least 14 calendar days to pay before any late payment interest, reminder cost or fixed compensation can be charged.
9. Retention of title
All goods remain the property of Taerwe Tropicals until full payment has been received, including any costs, interest or compensation due.
Until ownership has passed to the customer, the customer may not resell, pledge, commercially propagate or otherwise dispose of the goods without written permission from Taerwe Tropicals.
Retention of title does not affect mandatory legal rules on risk transfer, especially for consumers.
10. Shipping
All packages are packed with care and shipped with tracking information where available.
Taerwe Tropicals decides when live plants are shipped. Shipment may be postponed due to:
– low or high temperatures;
– frost, heatwaves or extreme weather;
– public holidays;
– courier delays or disruptions;
– strikes;
– phytosanitary inspections;
– customs procedures;
– plant health concerns;
– any circumstance that may endanger the plants or the delivery.
Shipping estimates are given in good faith. They are not guaranteed delivery dates unless explicitly agreed in writing.
Taerwe Tropicals may split an order into multiple shipments if this is necessary or advisable for availability, quality or phytosanitary reasons.
11. Delivery address and failed delivery
The customer is responsible for providing a complete, correct and deliverable address.
The customer is responsible for being available to receive the package or for collecting the package in time from a pickup point, parcel shop, post office or carrier depot.
Taerwe Tropicals is not responsible for damage, delay, loss or deterioration caused by:
– incorrect or incomplete address details;
– absence of the recipient;
– refusal of delivery;
– late collection;
– failure to follow tracking information;
– delivery instructions given by the customer to the carrier;
– the customer redirecting the package;
– the customer requesting delivery to a risky location.
If a package is returned to Taerwe Tropicals because of an error, refusal, absence or late collection by the customer, the customer remains responsible for the shipping costs and any damage or deterioration of the live plants, unless mandatory consumer law provides otherwise.
12. Risk during transport
For business customers, goods travel at the customer’s risk from the moment they are handed over to the carrier, unless otherwise agreed in writing.
For consumers, the risk of loss or damage passes to the consumer only when the consumer, or a third party designated by the consumer other than the carrier, has physically received the goods, in accordance with mandatory consumer law.
Nothing in these terms limits the mandatory legal rights of consumers.
13. Transport damage and complaints
The customer must inspect the goods immediately upon delivery.
Any complaint about damaged packaging, damaged plants, missing items, incorrect items or visible quality issues must be reported to Taerwe Tropicals within 24 hours after delivery.
The complaint must include clear photos of:
– the outside of the package;
– the shipping label;
– the opened package;
– the plant or product;
– the reported issue.
For live plants, late reporting may make it impossible to determine whether the problem was caused before, during or after delivery. Taerwe Tropicals may refuse claims that are reported too late or without sufficient evidence, unless mandatory consumer law provides otherwise.
For business customers, visible defects must be reported within 24 hours after delivery. Hidden defects must be reported within 48 hours after discovery and no later than 7 calendar days after delivery.
14. Live plants
Live plants are perishable and sensitive goods.
The condition of live plants may deteriorate due to transport duration, temperature, humidity, lack of light, rough handling, delayed unpacking or unsuitable care after delivery.
The customer must unpack live plants immediately after delivery and provide suitable growing conditions.
Taerwe Tropicals is not responsible for damage, decline or death of live plants caused by:
– delayed unpacking;
– incorrect watering;
– unsuitable humidity;
– unsuitable temperature;
– unsuitable light;
– poor ventilation;
– fertiliser misuse;
– pesticide misuse;
– repotting stress;
– acclimatisation stress;
– unsuitable growing conditions;
– neglect or incorrect cultivation after delivery.
Minor cosmetic damage, such as a damaged leaf, dried pitcher, small transport mark or loss of older pitchers, does not automatically make a plant defective. Live plants may need time to acclimatise after shipping.
15. Dead on arrival claims
If a live plant arrives dead or in a clearly unacceptable condition, the customer must contact Taerwe Tropicals within 24 hours after delivery.
The customer must provide clear photos as described in article 13.
If the claim is accepted, Taerwe Tropicals may, at its choice and depending on the circumstances:
– replace the plant;
– offer an alternative plant;
– issue a store credit;
– refund the affected plant.
Shipping costs are only refunded where required by law or where Taerwe Tropicals accepts responsibility for the issue.
No claim will be accepted if the plant was not collected in time, was left outside, was exposed to unsuitable conditions after delivery, or if the customer failed to report the issue within the required time, unless mandatory consumer law provides otherwise.
16. Right of withdrawal for consumers
Consumers generally have a legal right to withdraw from an online purchase within 14 calendar days, without giving a reason.
However, this right does not apply to goods that are liable to deteriorate or expire rapidly.
Live plants, cuttings, seedlings and other living plant material are perishable and sensitive goods. To the extent permitted by applicable law, the right of withdrawal does not apply to these goods.
For non-perishable goods, consumers retain their statutory right of withdrawal where applicable.
If the right of withdrawal applies, the consumer must inform Taerwe Tropicals within 14 calendar days after delivery. The goods must then be returned in unused, undamaged and suitable condition.
Return costs are borne by the consumer, unless otherwise required by law or agreed in writing.
Refunds will be made only after Taerwe Tropicals has received the returned goods or after the consumer has provided proof of return shipment, as required by applicable law.
17. Returns by business customers
Business customers do not have a right of withdrawal.
Returns by business customers are only accepted with prior written approval from Taerwe Tropicals.
Unauthorised returns may be refused.
18. Phytosanitary rules and plant passports
Taerwe Tropicals complies with applicable phytosanitary rules for the sale and shipment of plants.
Where required, plants are shipped with the necessary plant passport or phytosanitary information.
The customer must not remove, alter or misuse plant passport information where this information is legally relevant.
Business customers are responsible for maintaining any traceability records required for their own professional activities.
19. International shipping, customs and import restrictions
The customer is responsible for checking whether the ordered plants or goods may legally be imported, received, kept or cultivated in the destination country.
For shipments outside Belgium or outside the European Union, additional phytosanitary documents, (CITES) import permits, customs declarations, duties, taxes, inspections or other formalities may be required.
Unless explicitly agreed otherwise in writing, all import duties, customs charges, taxes, inspection costs and additional administrative costs are borne by the customer.
Taerwe Tropicals is not responsible for delay, seizure, destruction, quarantine, import refusal or additional costs caused by customs authorities, phytosanitary authorities or the customer’s failure to comply with import requirements.
If a shipment is refused, destroyed, delayed or returned by customs or phytosanitary authorities, the customer is not automatically entitled to a refund.
Taerwe Tropicals may refuse or cancel international orders when the legal, customs or phytosanitary requirements cannot reasonably be met.
20. Pre-orders and reserved plants
Pre-orders are orders for products that are not yet ready for immediate shipment.
Estimated availability dates for pre-orders are indicative only. Live plants may need more time to reach a safe shipping size or acceptable quality.
Taerwe Tropicals may postpone shipment of pre-ordered plants if this is necessary for plant health or quality.
If a pre-ordered plant becomes unavailable, Taerwe Tropicals may offer an alternative product, issue a store credit or refund the amount paid for the unavailable product.
Cancellation of pre-orders by the customer is only possible with written approval from Taerwe Tropicals, unless mandatory consumer law provides otherwise.
21. Vouchers, discounts and promotions
Discounts, vouchers and promotional codes are valid only under the conditions stated with the promotion.
They cannot be exchanged for cash.
They cannot be combined with other discounts unless explicitly stated.
Taerwe Tropicals may correct or cancel a discount if it was caused by a technical error, obvious mistake or misuse.
22. Intellectual property
All photos, texts, logos, product descriptions, website content, social media content and other materials created by Taerwe Tropicals remain the intellectual property of Taerwe Tropicals or the relevant rights holder.
They may not be copied, reused, published, modified or commercially used without prior written permission.
23. Plant names, genetics and propagation
Unless explicitly agreed in writing, the purchase of a plant does not grant the customer any right to commercially propagate, tissue culture, mass produce, rename, rebrand, register, claim ownership of, license or commercially exploit the genetics.
This applies in particular to selected clones, breeding plants, named crosses, exclusive releases, imported genetics, protected varieties, licensed material and plants sold with specific restrictions.
The customer may not use Taerwe Tropicals names, cross names, clone names, photos or brand references in a misleading way.
This clause does not restrict rights that cannot legally be restricted.
24. Resale
Customers may not resell plants using Taerwe Tropicals photos, descriptions, branding or product information without prior written permission.
Business resale of plants purchased from Taerwe Tropicals must respect all applicable plant health, traceability, tax, consumer and intellectual property rules.
Taerwe Tropicals may refuse future sales to customers who misuse names, photos, genetics, plant passport information or product descriptions.
25. Warranty and legal conformity
Taerwe Tropicals delivers goods that conform to the order and to the information provided at the time of sale.
Consumers retain all mandatory legal warranty and conformity rights under Belgian and European law.
For live plants, conformity is assessed at the moment of delivery, taking into account the nature of live, perishable and sensitive goods.
Taerwe Tropicals is not responsible for problems caused after delivery by unsuitable care, unsuitable growing conditions, delayed unpacking, acclimatisation stress, pests introduced after delivery or other factors outside our control.
For business customers, any warranty is limited to replacement, store credit or refund of the affected goods, at the choice of Taerwe Tropicals.
26. Limitation of liability
Taerwe Tropicals is only liable for direct damage caused by its proven fault.
Taerwe Tropicals is not liable for indirect damage, loss of profit, loss of opportunity, loss of collection value, reputational damage, business interruption, crop loss or consequential damage.
For business customers, the total liability of Taerwe Tropicals is limited to the invoice value of the affected goods.
Nothing in these terms excludes or limits liability where such exclusion or limitation is prohibited by mandatory law.
27. Force majeure
Taerwe Tropicals is not liable for delay or non-performance caused by circumstances beyond its reasonable control.
Force majeure includes, but is not limited to:
– extreme weather;
– frost, heatwaves or storms;
– transport disruption;
– strikes;
– disease or pest outbreaks;
– crop failure;
– energy failures;
– technical failures;
– internet or payment provider failures;
– import or export restrictions;
– customs delays;
– phytosanitary measures;
– government measures;
– pandemics;
– war, terrorism or civil unrest;
– any event that reasonably prevents normal performance.
In such cases, Taerwe Tropicals may postpone delivery, cancel the affected part of the order, offer an alternative product, issue a store credit or refund the affected amount, depending on the circumstances.
28. Personal data
Taerwe Tropicals processes personal data in accordance with its privacy policy.
Customer data is used for order processing, payment, shipping, customer service, legal obligations and, where applicable, marketing communication with consent.
More information is available in our privacy policy on www.taerwetropicals.com.
29. Communication
Communication with Taerwe Tropicals takes place by email or through the contact details provided on the website.
The customer is responsible for providing a correct email address and for checking messages related to the order, payment, shipping and delivery.
30. Governing law and disputes
These terms and conditions are governed by Belgian law.
For business customers, all disputes fall under the exclusive jurisdiction of the competent courts of Ghent, Belgium.
For consumers, this choice of law and jurisdiction applies only to the extent permitted by mandatory consumer protection rules. Consumers retain any rights granted by mandatory Belgian or European consumer law.
Before starting legal proceedings, the parties will try to resolve the dispute in good faith.
31. Final provisions
Taerwe Tropicals may update these terms and conditions from time to time.
The version applicable to an order is the version available on the website at the time the order is placed, unless mandatory law provides otherwise.
These terms and conditions are written in English. If they are translated into another language, the English version prevails, unless mandatory law provides otherwise.