General Terms and Conditions Flower Service Netherlands – Christmas Tree Service Netherlands
Article 1 - Definitions
In these terms and conditions the following definitions apply:
1. Entrepreneur: the natural or legal person who is a member of the Dutch Thuiswinkel Organization and who offers products and/or services to consumers and business customers at a distance;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement in which, 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 techniques for communication on distance;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room;
5. Reflection period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur
VAT no: NL 002178988B59 Chamber of Commerce no: 27324128 ABN AMRO: NL61 ABNA 044.01.93.125 Opening hours: Tue to Sat. 09.00 - 17.00 by appointment
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it is consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that applies to him. is most favorable.
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 offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
3. 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:
o any costs of delivery;
o the manner in which the agreement will be concluded and which actions are required for this;
o whether or not the right of withdrawal applies;
o the method of payment, delivery or performance of the agreement;
o the term for acceptance of the offer, or the term for keeping the price unconditional;
o 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 basic rate;
o if the agreement is archived after its conclusion, how it can be consulted by the consumer;
o the way in which the consumer can become aware of acts that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
o any languages in which, in addition to Dutch, the agreement can be concluded;
o 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
o the minimum duration of the distance contract in the event of an agreement that extends to continuous or periodic delivery of products or services.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer orally or electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer orally or electronically. As long as the receipt of this acceptance has not been confirmed verbally or in writing, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
o a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
oh b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; (We exclude Corona or other pandemics and do not fall under force majeure)
o c. the information about existing after-sales service and guarantees;
o.d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
oh. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. If the entrepreneur has undertaken to deliver a series of products or services, 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 option to dissolve the agreement without stating reasons during 2 days because this concerns a fresh product. This period starts on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and the 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 accessories supplied 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.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 - Exclusion right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
o a. that have been established by the entrepreneur in accordance with the consumer's specifications;
oh b. which are clearly personal in nature; (such as a custom flower creation for the customer)
o c. which by their nature cannot be returned;
o.d. that can spoil or age quickly such as flowers and plants;
oh. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
3. Exclusion of the right of withdrawal is only possible for services:
o a. concerning accommodation, transport, restaurant business, wedding flowers, Christmas decorations or leisure activities to be performed on a specific date or during a specific period;
oh b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
o c. concerning betting and lotteries.
Article 9 - Cancellation conditions for wedding flowers
In case of cancellation of the approved order confirmation/order, the following applies:
-If the order is canceled between that which has been approved by the customer and where the execution date is 8 weeks or longer, we will bring
25% of the contract value.
-If the order is canceled between 8 and 6 weeks, the customer is obliged to pay 30% of the order value to Bloemenservice Nederland.
- In case of cancellation of the order between 6 and 4 weeks, the customer is obliged to pay 40% of the order value to Bloemenservice Nederland.
-If the order is canceled between 4 and 3 weeks, the customer is obliged to pay 50% of the order value to Bloemenservice Nederland.
-If the order is canceled between 3 and 2 weeks, the customer is obliged to pay 60% of the order value to Bloemenservice Nederland.
-If the order is canceled between 2 and 1 weeks, the customer is obliged to pay 75% of the order value to Bloemenservice Nederland.
- In the event of cancellation or relocation of the order within 1 week, the customer is obliged to pay 100% of the order value to Bloemenservice Nederland.
Moving an existing wedding flower assignment: (For example due to the Corona Virus or a variant of this virus)
If a wedding date is postponed, you can keep half of the cancellation table on the basis of the time that elapses between passing on the relocation and the original wedding date plus 50 euros administration costs. If the date shifts to a popular wedding date or a date that we already have a booking, we will still do everything we can to be available for you. That new date must therefore be confirmed with us as soon as possible. A (made) deposit remains with Bloemenservice Nederland. We charge a Sunday rate for deliveries on Sundays and public holidays.
Article 10 – Cancellation policy for Christmas decorations
A. General Cancellation Policy for Christmas Decorations
Christmas decorations are purchased and reserved early. In case of cancellation of the approved order confirmation/order, the following applies:
(multi-year contracts are excluded from this, when canceling a multi-year contract, the customer is obliged to pay 75% of the order value)
- In the event of cancellation of the one-off order after more than 14 weeks, the customer is obliged to pay 25% of the order value to Bloemenservice Nederland.
-If the order is canceled between 14 and 10 weeks, the customer is obliged to pay 30% of the order value to Bloemenservice Nederland.
- In the event of cancellation of the order between 10 and 8 weeks, the customer is obliged to pay 40% of the order value to Bloemenservice Nederland.
-If the order is canceled between 8 and 6 weeks, the customer is obliged to pay 50% of the order value to Bloemenservice Nederland.
-If the order is canceled between 6 and 4 weeks, the customer is obliged to pay 60% of the order value to Bloemenservice Nederland.
-If the order is canceled between 4 and 2 weeks, the customer is obliged to pay 75% of the order value to Bloemenservice Nederland.
-If the order is canceled within 14 days of the date from 5 December (Christmas construction week), the customer is obliged to pay Bloemenservice Nederland 100% of the order value.
B. Cancellation policy for Christmas decorations due to a virus/Covid-19
These cancellation conditions apply to all approved (both officially signed and orally or by e-mail) Christmas offers 2021. Due to the ongoing corona measures and the exceptional situations resulting from this, these cancellation conditions have been drawn up. These apply at all times in the event of consequences due to
measures against the Covid-19 virus. Even if there was a lock-down. The reason for this is that your order is specially made to measure. Various cancellation options are available for different situations and time frame. The closer we get to December, the further your custom order is finished, which is why we work with a graduated scale. All stated percentages apply to amounts exclusive of VAT.
Based on the given situations, the options below apply.
Situation: If it is desirable to carry out the Christmas order but payment difficulties have arisen.
Option 1 - reduction The Christmas items will be delivered on location, the styling will be picked up by you. The packaging of the items is neatly stored at your location. The dismantling is also handled by you. We will collect the items from you on a date to be determined. Instead you will receive a reduction of 25% on the total price of the quotation.
Option 2 - payment arrangement The full order amount is paid. 50% of this must be paid no later than 15/11/2021. 25% must be paid no later than 01/03/2022 and 25% should be paid no later than 01/06/2022. A condition for this payment arrangement is a guaranteed purchase of Christmas decorations in 2022 with a minimum order amount equal to the total order amount of the Christmas order 2021. If it concerns an ongoing multi-year contract, an additional year is added with an indexation option.
Situation: The Christmas order is canceled in whole or in part.
The following is valid until November 1, 2021
Option 3: 30% of the canceled total amount will be invoiced to partly cover the work already done behind the scenes and reservations / purchases. In addition, we will shift your canceled amount to purchase before 2022, which the customer will then be guaranteed to purchase. This decrease will then be an exact copy of the order 2021. (with a multi-year contract, one year will be added)
The following is valid from 2 to 8 November 2021
Option 4: 35% of the canceled total amount will be invoiced to partly cover the work already done behind the scenes and reservations / purchases. In addition, we will shift your canceled amount to purchase before 2022, which the customer will then be guaranteed to purchase. This decrease will then be an exact copy of the order 2021.
The following is valid from 9 to 22 November 2021
Option 5: 40% of the canceled total amount will be invoiced to partially cover the work already done behind the scenes and reservations/purchases. In addition, we will shift your canceled amount to purchase before 2022, which the customer will then be guaranteed to purchase. This decrease will then be an exact copy of the order 2021.
The below is valid from November 23, 2021 to December 2021
Option 6: 50% of the canceled total amount will be invoiced to partially cover the work already done behind the scenes and reservations/purchases. In addition, we will shift your canceled amount to purchase before 2022, which the customer will then be guaranteed to purchase. This decrease will then be an exact copy of the order 2021.
from December 1st we are already enjoying ourselves and the teams are already on their way, from this date we will keep the 100% of the agreed amount.
Article 11 - 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 as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
o a. these are the result of statutory regulations or provisions; or
oh b. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
5. The prices stated in the range of products or services are inclusive of VAT for consumers who pay directly with IDEAL and exclusive of VAT for the business market that places its orders on an invoice basis.
Article 12 - Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement. and/or government regulations.
2. A scheme offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the entrepreneur's obligations towards the entrepreneur on the basis of the law. and/or the distance contract.
Article 13- Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
7. Photography of the creations made by us:
If Bloemenservice Nederland/Christmas Tree Service Nederland makes creations and takes pictures of them without people being recognizable in the picture, we may use them for commercial purposes at all times. It is absolutely not allowed to use our photos without written permission or to say that they were taken by yourself. For some projects we hire a professional photographer / videographer who takes pictures of our creations or behind the scenes images on location. All rights to these images belong to Bloemenservice Nederland.
8.When you give us images: When the customer provides us with images such as photos and/or videos showing our work, we may use this for commercial purposes. If we are not allowed to use this commercially, we also do not want to receive it to prevent the photographer from not agreeing to this. It is therefore extremely important that the giver/customer agrees with his photographer/videographer that we have permission to use this.
Article 14 a – Consumer Duration Transactions
1. The consumer can terminate an agreement that has been entered into for an indefinite period of time with due observance of the agreed cancellation rules and a notice period of no more than one month. The cancellation conditions apply to wedding flowers and Christmas decorations.
2. An agreement entered into for a definite period of time has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Article 14 b – Duration transactions for companies.
1. the duration of the agreement with companies is as agreed in the quotation, if BSN has drawn up a contract with the customer, the duration is described in it and also the possible notice period that we hold to each other.
For long-term Christmas contracts, I refer you to Article 9.
Article 15 - Payment
1. Insofar as not later agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after the documents relating to this agreement have been issued. .
2. When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 16 - 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 execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully 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 notice of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
Article 17 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements with regard to products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee Thuiswinkel, PO Box 90600, 2509 LP, The Hague ( www.sgc.nl ).
3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer will have to state in writing within five weeks after a written request to that effect by the entrepreneur whether he also wishes to do so or whether he wants the dispute to be handled by the competent court. If the entrepreneur is not informed of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.
7. The Disputes Committee will not deal with a dispute or will discontinue the handling if the entrepreneur has been granted a suspension of payments, has gone bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the hearing and a final verdict has been given.
8. If, in addition to the Thuiswinkel Disputes Committee, another disputes committee recognized or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee will be authorized to deal with disputes mainly concerning the method of distance selling or services. exclusion authorized. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.
Article 18 - Industry guarantee
1. The Dutch Thuiswinkel Organization will, with all due speed, take over the obligations of the entrepreneur towards the consumer with regard to a binding advice imposed on him by the Thuiswinkel Disputes Committee if this entrepreneur does not fulfill his obligations within the term set for this in the binding advice. has been fulfilled. The takeover by the Dutch Thuiswinkel Organization of the entrepreneur's obligations will be suspended if and insofar as that binding advice has been submitted to the court for review within two months of its date in accordance with the regulations of the Disputes Committee and lapses due to the decision becoming final. the judgment in which the court has declared the binding advice non-binding.
2. The application of this guarantee requires that the consumer submits a written appeal to the Dutch Home Shopping Organization and that he transfers his claim against the entrepreneur to the Dutch Home Shopping Organization.
Article 19 Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 20 - Amendment of the Thuiswinkel general terms and conditions
1. The Dutch Thuiswinkel Organization will not change these general terms and conditions except in consultation with the Consumers' Association.
2. Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, on the understanding that in the event of any applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.
Address Dutch Home Shopping Organisation: PO Box 7001, 6710 CB EDE.
- Right of withdrawal: When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This period starts on the day after receipt of the product by or on behalf of the consumer. After dissolution of the agreement, the consumer will receive the full amount paid back within 30 days. The costs for returning the products are for the account of the consumer. The right of withdrawal is excluded for flowers because this is a perishable product.
- Delivery costs for loose regular bouquets from the webshop: Within the Netherlands € 6.95, outside the Netherlands € 15.00
For customization such as weddings, styling jobs and Christmas, the delivery costs differ per job and location.
- Order: An order is definitively placed after going through the ordering process, agreeing to the terms and conditions, choosing a payment method and the notification on your screen that your order has been placed.
- Changes: After concluding the agreement, you can only pass on changes that do not affect the total amount to be paid or already paid and provided that your order has not yet been processed. If a change can no longer be processed, you will be notified asap (during office hours). Changes can be communicated by e-mail or telephone.
- Payment methods: iDeal (internet banking) or on account