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General Terms and Conditions

General Terms and Conditions Florastore B.V.

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of revocation

Article 8 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Conformity and guarantee

Article 11 - Delivery and performance

Article 12 - Force majeure

Article 13 - Duration transactions: duration, termination and renewal

Article 14 - Payment

Article 15 - Complaints Mechanism

Article 16 - Disputes

Article 17 - Additional or different provisions

 

Article 1 - Definitions

For the purposes of these terms and conditions:

  1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract concerning a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
  5. Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
  6. Right of withdrawal: the possibility for the consumer to renounce the distance contract within the reflection period;
  7. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
  8. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
  9. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.

 

Article 2 - Identity of the entrepreneur

Florastore B.V. (www.florastore.com)
Venus 129
2675 LN Honselersdijk
The Netherlands

E-mail address: [email protected]

Dutch Chamber of Commerce number: 59801735

VAT-registration number: NL853649686B01

 

Article 3 - Applicability

  1. These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
  2. The text of these general terms and conditions will be made available to the consumer before the distance contract is concluded. If this is not reasonably possible, it will be indicated before the remote agreement is concluded that the general terms and conditions can be viewed by the entrepreneur and will be sent to the consumer free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
  4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.

 

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The items offered are intended for decoration and not for consumption.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the entrepreneur makes use of images, these are a true representation of the products and/or services offered. Obvious mistakes or apparent errors in the offer are not binding for the entrepreneur.
  4. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
    1. The price including taxes;
    2. the possible costs of delivery;
    3. The way in which the agreement will be established and which actions are necessary for this;
    4. whether or not the right of withdrawal applies;
    5. the method of payment, delivery and performance of the contract;
    6. The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
    7. the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
    8. whether the agreement will be archived after it has been concluded, and if so in what way it can be consulted by the consumer;
    9. the way in which the consumer, before concluding the contract, can check the data provided by him within the framework of the contract and, if desired, rectify it;
    10. any other languages in which, in addition to Dutch, the agreement can be concluded;
    11. the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
    12. the minimum duration of the distance contract in the case of an enduring transaction.

 

Article 5 - The contract

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions attached to it.
  2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is made electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can inform himself - within the legal framework - whether the consumer can meet his payment obligations, as well as all those facts and factors which are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
  5. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
    1. The visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
    2. The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
    3. the information about guarantees and existing service after purchase;
    4. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
    5. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  6. In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 - Right of withdrawal

Upon delivery of products:

  1. When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons for a period of 7 days. This cooling off period commences on the day after receipt of the product by the consumer or a representative appointed by the consumer in advance and made known to the entrepreneur.
  2. During the reflection period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

In case of delivery of services:

  1. When providing services, the consumer has the possibility to dissolve the agreement without giving reasons for at least fourteen days, starting on the day of entering into the agreement.
  2. In order to make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur at the time of the offer and / or at the latest at the time of delivery.

 

Article 7 - Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, he shall bear at most the costs of returning the goods.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 30 days after the return or withdrawal.

 

Article 8 - Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal as far as provided for in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
    1. which have been created by the entrepreneur in accordance with the consumer's specifications;
    2. which are clearly of a personal nature;
    3. which cannot be returned due to their nature;
    4. that can spoil or age quickly;
    5. the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
    6. for individual newspapers and magazines;
    7. for audio and video recordings and computer software of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    1. concerning accommodation, transport, restaurant business or leisure activities on a certain date or during a certain period;
    2. of which the delivery has started with the express consent of the consumer before the expiration of the cooling-off period;
    3. concerning betting and lotteries.
  4. Explicitly excluded from the right of withdrawal are living organisms, including in particular, but not exclusively, plants, to which paragraph 2 under a, c and d apply.

 

Article 9 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This obligation to fluctuate and the fact that any prices quoted are target prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
    1. These are the result of legal regulations or provisions; or
    2. the consumer has the right to terminate the contract from the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services are inclusive of VAT.
  6. For orders larger than 10 products, a surcharge may be added to the shipping costs automatically calculated by the system. The decision on this will be submitted to the customer. If the customer does not agree with the adjusted shipping costs, the agreement will be dissolved free of charge.

 

Article 10 - Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not detract from the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.

 

Article 11 - Delivery and execution

  1. The entrepreneur will take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
  2. The place of delivery shall be the address which the consumer has made known to the company.
  3. With due observance of the stipulations in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but at the latest within 30 days, unless a longer delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the Consumer will be informed of this within 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
  4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
  5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. By the time of delivery at the latest, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative appointed in advance and announced to the entrepreneur, unless explicitly agreed otherwise.

 

Article 12 - Force majeure

  1. When, due to force majeure, it is not possible to deliver in accordance with the agreement, the entrepreneur must inform the consumer as soon as possible by e-mail or telephone, without being obliged to pay any compensation. In case of force majeure, the entrepreneur can - after consultation with the consumer - cancel the agreement or postpone the delivery until the moment the force majeure situation ceases to exist. If, in case of suspension, there is a delay of more than five days, the consumer is authorized to inform the consumer in writing that he considers the purchase agreement to be dissolved. The following and similar circumstances shall be considered as force majeure:
    1. late or qualitatively unacceptable delivery by one or more suppliers;
    2. obstructing measures taken by the government;
    3. total or partial strike or failure of the internal and external transport equipment;
    4. riots and other disturbances that prevent the timely performance of the contract;
    5. total or partial stagnation in the production apparatus of -or strikes or lockouts in the company or in that from which goods or raw materials or products are sourced;
    6. extreme weather conditions (too high or too low temperatures) which will permanently damage the product.

 

Article 13 - Transactions of indefinite duration: duration, termination and renewal

Termination

  1. The consumer may terminate an open-ended contract for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice of up to one month.
  2. The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to the agreed termination rules and a notice of up to one month.
  3. The consumer may terminate the agreements referred to in the previous paragraphs:
    1. terminate at any time and not be limited to termination at a specific time or in a specific period;
    2. at least terminate them in the same way as they have been entered into by the consumer;
    3. always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

  1. A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  2. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed contract at the end of the renewal with a period of notice that does not exceed one month.
  3. A fixed-term contract for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time on one month's notice, with a maximum of three months' notice, where the contract is for the regular supply of daily newspapers, newspapers, magazines and periodicals, but less than once a month.
  4. Contracts of limited duration for the regular supply of newspapers, news and weekly newspapers and periodicals for information purposes (trial subscription or introductory subscription) shall not be tacitly continued and shall terminate automatically at the end of the trial period or introductory subscription.

Duration

  1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness dictate otherwise.


Article 14 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of a contract for the provision of a service, this period shall commence after the consumer has received confirmation of the contract.
  2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
  3. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
  4. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.

 

Article 15 - Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, completely and clearly described, after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved in mutual consultation, a dispute will arise which is subject to the dispute resolution procedure.

 

Article 16 - Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.

 

Article 17 - Additional or different stipulations

  1. Additional provisions or provisions deviating from these General Terms and Conditions may not be to the Consumer's detriment and must be recorded in writing or in such a way that the Consumer can store them in an accessible manner on a durable data carrier.
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