Terms & Conditions Regiobloemist.be

General Terms and Conditions


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 – Consumer obligations during the Cooling-off Period

Article 8 – Exercise of the Right of Withdrawal by the consumer and the associated costs

Article 9 – Obligations of the Entrepreneur in case of withdrawal

Article 10 – Exclusion of Right of Withdrawal

Article 11 - Price

Article 12 – Compliance and additional warranty

Article 13 – Delivery and execution

Article 14 – Continuing Performance Contracts: duration, termination and extension

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Additional or different provisions


Article 1 - Definitions

The following definitions apply in these terms and conditions:

Additional Agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are delivered by the Entrepreneur or by a third party based on an agreement between this third party and the Entrepreneur;

Cooling-off Period: the period within which the consumer may exercise his right of withdrawal;

Consumer: the natural person who is not acting for purposes related to his trade, business, craft or professional activities;

Day: calendar day;

Digital Content: data produced and delivered in digital form;

Continuing Performance Contract: an agreement for the regular delivery of goods, services and/or Digital Content during a certain period;

Durable Medium: every device, including email, that enables the consumer or Entrepreneur to store information addressed to him personally in a way that future consultation or use during a period that is geared to the purpose for which this information is intended and which enables the unaltered reproduction of the stored information;

Right of Withdrawal: the possibility for the consumer to waive the distance contract within the Cooling-off Period;

Entrepreneur: the natural person or legal entity that offers these products, Digital Content and/or services, or access to digital content and/or services, to consumers at a distance;

Distance Contract: an agreement concluded between the Entrepreneur and the consumer in the context of an organized system for the sale of products, Digital Content and/or services at a distance, involving the exclusive or partial use of one or more techniques for communication at a distance up to and including the conclusion of the agreement;

Standard Withdrawal Form: the European Standard Withdrawal Form included in Appendix I of these terms and conditions. Appendix I does not have to be made available if the consumer has no Right of Withdrawal in respect to his order;

Means for Distance Communication: the means that can be used for concluding an agreement, without the consumer and Entrepreneur needing to be in the same space at the same time.


Article 2 - Identity of the Entrepreneur

World of Flowers BV (commercial name Regiobloemist, World of Flowers) Dreef 34

4175 AH HAAFTEN

Telephone number: 0032 3 808 11 80 (Monday-Friday from 09:00 to 17:00 and Saturdays from

09:00 to 13:00).

Email address: info@regiobloemist.be

Chamber of Commerce number: 30242545

VAT number: NL819596413B01, BE0807369503

If the Entrepreneur’s activities are subject to a relevant licensing system: the details of the supervisory authority.

If the Entrepreneur practices a regulated profession:

  • the professional association or organisation with which he is registered;
  • the professional title, the place in the EU or the European Economic Area where this was granted;
  • a reference to the professional rules of practice that apply in the Netherlands and instructions as to where and how these professional rules can be accessed.


Article 3 – Applicability

These general terms and conditions apply to every offer made by the Entrepreneur and to every distance contract that has been concluded between the Entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the Entrepreneur will indicate before the distance contract is concluded how the general terms and conditions may be inspected at the Entrepreneur’s location and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, in derogation of the previous paragraph, the text of the general terms and conditions can be made available to the consumer electronically in such a way that the consumer can store this in a simple way on a Durable Data Carrier before the distance contract is concluded. If this is not reasonably possible, before the distance contract is concluded, an indication will be given of where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise, at the request of the consumer.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis; and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to him.


Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the products, Digital Content 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 reflection of the offered products, services and/or Digital Content. Obvious mistakes or errors in the offer do not bind the Entrepreneur.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.


Article 5 – The agreement

Subject to the provisions in paragraph 4, the agreement is concluded when the consumer accepts the offer and fulfills the corresponding conditions.

If the consumer has accepted the offer electronically, the Entrepreneur will immediately confirm receipt of the 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.

If the agreement is concluded 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 can pay electronically, the Entrepreneur will take appropriate security measures.

Within the statutory parameters, the Entrepreneur can ascertain if the consumer can meet his payment obligation, as well as all those facts and factors that are important for a responsible conclusion of a distance contract. If based on this investigation, the Entrepreneur has valid grounds not to enter into the agreement, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution thereof.

No later than upon delivery of the project, service or Digital Content, the Entrepreneur will send the consumer the following information in writing, or in such a way that this information can be stored in an accessible manner on a Durable Data Carrier:

the visiting address of the business location of the Entrepreneur where the consumer can go with complaints;

the conditions under which and the manner in which the consumer can exercise the Right of Withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal;

information about guarantees and existing service after purchase;

the price of the product, service or Digital Content including all taxes, the costs of delivery insofar as applicable, and the method of payment, delivery or execution of the distance contract;

the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;

if the consumer has a Right of Withdrawal, the Standard Withdrawal Form.

In the case of a Continuing Performance Contract, the provision in the previous paragraph only applies to the first delivery.


Article 6 – Right of Withdrawal

For products:

The consumer can terminate an agreement regarding the purchase of a product without giving any reason during a Cooling-off Period of at least 14 days. The Entrepreneur can ask the consumer about the reason for the withdrawal but not oblige him to state his reason(s).

The Cooling-off Period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

if the consumer has ordered several products in the same order, the day on which the consumer, or a third party designated by him, has received the last product. Provided he has informed the consumer in a clear manner prior to the ordering process, the Entrepreneur may refuse an order of several products with a different delivery time.

if the delivery of a product consists of several shipments or parts, the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

for agreements for the regular delivery of products during a certain period, the day on which the consumer, or a third party designated by him, has received the first product.

For services and Digital Content that is not delivered on a tangible medium:

The consumer can terminate a service agreement and an agreement for delivery of Digital Content that is not delivered on a tangible medium within at least 14 days without giving reasons. The Entrepreneur can ask the consumer about the reason for the withdrawal but not oblige him to state his reason(s).

The Cooling-off Period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended Cooling-off Period for products, services and Digital Content that has not been delivered on a tangible medium when not informed about the Right of Withdrawal:

If the Entrepreneur has not provided the consumer with the legally required information about the Right of Withdrawal or the Standard Withdrawal Form, the Cooling-off Period will expire twelve months after the end of the original Cooling-off Period as determined in accordance with the previous paragraphs of this article.

If the Entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original period of Cooling-off Period, the Cooling-off Period expires 14 days after the day on which the consumer has received this information.


Article 7 – Consumer obligations during the Cooling-off Period

During the Cooling-off Period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

The consumer is only liable for the value reduction of the product that is the result of a handling of the product that goes beyond that allowed in paragraph 1.

The consumer is not liable for the value reduction of the product if the Entrepreneur has not provided him with any legally required information about the Right of Withdrawal prior to or at the conclusion of the agreement.


Article 8 - Exercise of the Right of Withdrawal by the consumer and the associated costs

If the consumer exercises his Right of Withdrawal, he will notify the Entrepreneur within the Cooling-off Period by means of the Standard Withdrawal Form or in another unambiguous way.

The consumer will return the product or hand it over to the Entrepreneur or an authorized representative of the Entrepreneur as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1. This is not necessary if the Entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the Cooling-off Period has expired.

The consumer will return the product with all accompanying accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Entrepreneur.

The risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal lie with the consumer.

The consumer bears the direct costs of returning the product. If the Entrepreneur has not mentioned that the consumer must bear these costs or if the Entrepreneur has indicated he will bear the costs himself, the consumer does not have to bear the costs for return.

If the consumer withdraws after having explicitly requested that the provision of the service or the supply of gas, water or electricity that are not ready for sale commences in a limited volume or quantity during the Cooling-off Period, the consumer will owe the Entrepreneur an amount proportional to that part of the obligation that the Entrepreneur has fulfilled at the time of the withdrawal, as compared to the full fulfillment of the obligation.

The consumer will not incur any costs for the provision of services or the supply of water, gas or electricity which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

the Entrepreneur has not provided the consumer with the legally required information about the Right of Withdrawal, the reimbursement of costs in the event of withdrawal or the Standard Withdrawal Form, or;

the consumer has not expressly requested that the execution of the service or delivery of gas, water, electricity or district heating be commenced during the Cooling-off Period.

The consumer will bear no costs for the full or partial delivery of Digital Content not supplied on a tangible medium if:

he has not explicitly agreed to commence the fulfillment of the agreement prior to the delivery before the end of the Cooling-off Period;

he has not acknowledged that he will lose his Right of Withdrawal by giving his consent, or the Entrepreneur has failed to confirm this statement from the consumer.

If the consumer makes use of his Right of Withdrawal, all Additional Agreements will be dissolved by operation of law.


Article 9 – Obligations of the Entrepreneur in case of withdrawal

If the Entrepreneur makes it possible for the consumer to report the withdrawal electronically, he will send a confirmation of receipt immediately upon receipt of this report.

The Entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the Entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he may wait to reimburse the consumer until he has received the product or until the consumer proves that he has returned the product, whichever comes first.

The Entrepreneur uses the same payment method for reimbursement that the consumer has used unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the Entrepreneur does not have to reimburse the additional costs for the more expensive method.


Article 10 – Exclusion of Right of Withdrawal

The Entrepreneur can exclude the following products and services from the Right of Withdrawal, but only if the Entrepreneur has clearly stated this in the offer, at least timely time before the conclusion of the agreement:

Products or services of which the price is subject to fluctuations in the financial market which the Entrepreneur cannot influence, and which can occur within the withdrawal period;

Agreements that are concluded during a public auction. A public auction is understood to mean a sales method where products, Digital Content and/or services are offered by the Entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in where the successful bidder is obliged to purchase the products, Digital Content and/or services;

Service contracts, after full execution of the service, but only if:

the execution has begun with the explicit prior consent of the consumer; and

the consumer has declared that he will lose his Right of Withdrawal as soon as the Entrepreneur has fully executed the agreement;

Package travel as referred to in Section 7: 500 of the Dutch Civil Code (BW) and passenger transport agreements;

Service contracts for the provision of accommodation, if a certain date or period of execution is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;

Agreements with regard to leisure activities, if a specific date or period of execution is provided for in the agreement;

Products manufactured according to the consumer's specifications which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer or which are clearly intended for a specific person;

Products that spoil quickly or have a limited shelf life;

Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;

Products which, by their nature, are inseparably mixed with other products after delivery;

Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery can only take place after 30 days, and the actual value of which depends on fluctuations in the market which the Entrepreneur cannot influence;

Sealed audio recordings, video recordings and computer software, of which the seal has been broken after delivery;

Newspapers, journals or magazines, with the exception of subscriptions to these;

The delivery of Digital Content other than on a tangible medium, however, only if:

the execution has begun with the explicit prior consent of the consumer, and the consumer has stated that he thereby loses his Right of Withdrawal.


Article 11 - Price

During the period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the Entrepreneur can offer variable prices on products or services whose prices are subject to fluctuations in the financial market, which the Entrepreneur cannot influence. This link to fluctuations and the fact that any specified prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases after 3 months following the conclusion of the agreement are only permitted if the Entrepreneur has stipulated this and,

  1. a. said increases are the result of statutory regulations or provisions; or
  1. b. the consumer is authorized to terminate the agreement effective from the day the price increase takes effect.

The prices of products or services mentioned in the offer include VAT, €5.00 for order and handling costs, and exclude €9.99 delivery charge.


Article 12 – Compliance with the agreement and additional warranty

The Entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.

An additional warranty provided by the Entrepreneur, his supplier, his manufacturer or importer never limits the statutory rights and claims that the consumer can enforce against the Entrepreneur under the agreement if the Entrepreneur has failed to fulfill his part of the agreement.

Additional warranty is understood to mean every obligation of the Entrepreneur, his supplier, importer or producer, in which it assigns to the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.


Article 13 – Delivery and execution

The Entrepreneur will take the greatest possible care when receiving and carrying out orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the Entrepreneur.

With due observance of the contents of Article 4 of these general terms and conditions, the Entrepreneur will execute accepted orders expeditiously, but within at least 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that event, the consumer has the right to terminate the agreement without costs and is entitled to possible compensation.

Following termination in accordance with the previous paragraph, the Entrepreneur will immediately reimburse the amount that the consumer has paid.

The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the Entrepreneur in advance, unless expressly agreed otherwise.


Article 14 - Continuing Performance Contract: duration, termination and extension

Termination:

The consumer may terminate an agreement concluded for an indefinite period and for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement concluded for a fixed period, for the regular delivery of products (including electricity) or services at any time at the end of the fixed period, duly observing the agreed termination rules and a notice period of not more than one month.

With regard to the agreements mentioned in the previous paragraphs, the consumer may:

  • terminate at any time and is not restricted to termination at a specific time or in a given period;
  • terminate at least in the same way as they were concluded;
  • always terminate with the same notice period as the Entrepreneur has stipulated for himself.

Extension:

An agreement that has been concluded for a definite period for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

Contrary to the previous paragraph, an agreement that has been entered into for a definite period and for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer can terminate this extended agreement as of the end of the extension with a notice period of no more than one month.

An agreement that has been entered into for a definite period and for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement is for the regular, but less than once a month, delivery of daily newspapers, weekly newspapers/magazines, and magazines.

An agreement of limited duration for introductory purposes to the regular delivery of daily newspapers, weekly newspapers/magazines, and magazines (trial or introductory subscriptions) will not be tacitly continued and ends automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, with a notice period of no more than one month, unless termination before the end of the agreed term is contrary to the principles of reasonableness and fairness.

Article 15 - Payment

Unless otherwise stipulated in the agreement or additional conditions, the consumer must pay the amounts owed within 14 days after the commencement date of the Cooling-off Period, or in the absence of a Cooling-off Period, within 14 days of the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.

When selling products to consumers, the consumer may never be obliged in the general terms and conditions to pay more than 50% in advance. If advance payment is stipulated, the consumer cannot exercise any right concerning the execution of the order or service(s) in question before the stipulated advance payment has taken place.

The consumer has a duty to report inaccuracies in the payment information stated or provided to the Entrepreneur immediately.

If the consumer does not fulfill his payment obligation(s) on time and, after he has been informed by the Entrepreneur of the late payment and the Entrepreneur has given the consumer a period of 14 days to fulfill his payment obligations, the consumer still has failed to pay within this 14-day period, the consumer must then pay the statutory interest on the amount still owing, and the Entrepreneur is entitled to charge the consumer the extrajudicial collection costs he has incurred. These collection costs amount to no more than: 15% on the outstanding amounts up to €2,500; 10% on the following

€2,500 and 5% on the next €5,000 with a minimum of € 40,00. The Entrepreneur may deviate from the aforementioned amounts and percentages in favor of the consumer.


Article 16 – Complaints procedure

The Entrepreneur has an adequately communicated complaints procedure and handles a complaint in accordance with this complaints procedure.

Complaints regarding the implementation of the agreement must be submitted with a clear and full description to the Entrepreneur within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the Entrepreneur will be answered within a period of 14 days after the date of receipt. If a complaint requires a foreseeable longer period for processing, the Entrepreneur will send the consumer confirmation of receipt within the 14-day period and an indication as to when a more detailed answer can be expected.

In any case, the consumer must give the Entrepreneur 4 weeks to resolve the complaint in consultation with one another. After this period, a dispute has arisen that is subject to the dispute settlement rules.


Article 17 - Disputes

Contracts between the Entrepreneur and consumer to which these general terms and conditions apply are governed exclusively by Dutch law.


Article 18 – Additional or different provisions

Additional provisions or provisions deviating from these terms and conditions may not be detrimental to 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 Medium.


Appendix I: Standard Withdrawal Formfulfil


Standard Withdrawal Form

(only fill in and return this form if you wish to withdraw from the agreement)

  • To: [name of Entrepreneur] [geographical address of Entrepreneur]

[fax number of Entrepreneur, if available]

[email address or electronic address of Entrepreneur]

  • I/We* hereby inform you that I/we* revoke our agreement regarding the sale of the following products: [product specification]*

the delivery of the following Digital Content: [specification of Digital Content]* the provision of the following service: [specification of service]*, withdraws/withdraw*

  • Ordered on*/received on* [date of the order for services or receipt for products]
  • [Consumer name(s)]
  • [Consumer address(es)]
  • [Consumer signature(s)] (only when this form is submitted on paper)

* Delete where not applicable or fill in what is applicable.