Terms of delivery
Article 1 DEFINITIONS
In these Terms and Conditions the following definitions apply: – General terms and conditions: These general delivery and payment terms and conditions of the VBW.
– Florist: a florist shopkeeper, natural person or legal entity, affiliated with the Association of Florist Shopkeepers, located in (6716 WC) Ede at Da Vincilaan 5 and which offers products and/or services (remotely) to consumers.
– Agreement: any agreement concluded between the florist and the consumer, any amendment or addition thereto.
– Consumer: any natural person not acting in the exercise of a profession or business and any legal entity to whom the florist makes an offer or quotation, submits a quotation, with whom the florist enters into or negotiates an agreement.
– Reflection period: the period within which the consumer can exercise his right of withdrawal
– Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
– Distance agreement: an agreement in which, within the framework of a system organized by the florist for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement. .
– Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur physically meeting in the same room at the same time
Article 2 IDENTITY OF THE FLORIST
Florist's name: Bart Wilting
trading under the name(s): Bloemenweelde
Establishment & visiting address: De Clercqstraat 114
1052 NN Amsterdam Accessibility
From Monday to Friday from 8:00 AM to 6:00 PM
From Saturday to Sunday from 8:00 AM to 5:00 PM
E-mail address: email@example.com
Phone number: 020-6168704
Chamber of Commerce number: 56917538
VAT identification number: NL852361038B01
Article 3 GENERAL
1. The version of the general terms and conditions as last filed with the Chamber of Commerce on the date the Agreement was concluded always applies to an Agreement.
2. If a provision of these general terms and conditions is void, voidable (in whole or in part) or becomes non-binding, the other provisions will remain fully in force. The florist and the consumer will then enter into consultation to agree on a new provision that is as close as possible to and takes into account the purpose and scope of the void, annulled or non-binding provision.
3. In addition to these general terms and conditions, additional conditions such as special promotional conditions may apply to certain services and/or products, whether or not in a specifically indicated period, only if this is explicitly stated. If there are any differences between the additional terms and conditions and these general terms and conditions, then, in principle, the provisions of the additional terms and conditions apply above these general terms and conditions, unless otherwise stated.
4. If the buyer refers to his general (purchasing) conditions, those conditions do not apply unless expressly agreed to in writing by the florist.
5. The florist reserves the right to change these general terms and conditions.
Article 4 APPLICABILITY
1. These general terms and conditions apply to all offers and/or to all distance agreements and agreements entered into by the florist with third parties.
2. Disclosure can be made, among other things, by providing the other party with a copy of the general terms and conditions in advance, by referring to the general terms and conditions on letterhead and invoice paper, by referring to the VBW Terms and Conditions on the quotation, price list or order confirmation. .
3. Prior to concluding the distance contract, the text of these general terms and conditions will be 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 florist and they will be sent free of charge as soon as possible at the request of the consumer.
4. 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 can be read by the consumer. consumer can be easily stored 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
5. Unless otherwise agreed in writing, the general terms and conditions announced under 1 are deemed to have been accepted by the Parties involved.
6. Deviating provisions must be expressly agreed in writing and, insofar as they do not replace the provisions of these Terms and Conditions, are deemed to supplement these Terms and Conditions.
Article 5 OFFERS/QUOTATION
1. All statements made by or on behalf of the florist verbally or in price lists, daily or weekly newspapers, periodicals, announcements, letters, faxes and online offers regarding prices, quotations, delivery times, etc. are entirely without obligation and are not binding on the florist in any way. unless expressly stated otherwise.
2. All personalized quotations issued by the florist are valid for 7 (seven) days after the date of the quotation, unless otherwise stated in the quotation.
3. Offers are only valid during the stated promotional period and while supplies last.
4. When quoting a price, there is no obligation for the florist to deliver a portion at a corresponding portion of the price quoted for the whole.
5. The sales price is in euros including VAT, but excluding any shipping or delivery costs.
6. Obvious (clerical) errors in the price or description of a product can always be corrected by the florist. However, if the consumer has decided to enter into an Agreement on this basis, he can cancel this Agreement within fourteen (14) days after the florist has made the relevant (clerical) error known.
Article 6 AGREEMENT
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
2. If the consumer has accepted the offer electronically, the florist will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the florist, the agreement can be terminated by the consumer.
3. If the agreement is concluded electronically, the florist will take appropriate technical and organizational measures to secure the electronic transfer of data and the florist will ensure a secure web environment. If the consumer can pay electronically, the florist will take appropriate security measures.
4. Based on the responsible conclusion of the agreement (distance), the florist can be informed whether the consumer can meet his payment obligations. Based on this investigation, the florist is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. Agreements (with the exception of purchase and sale for cash payment) which have been entered into through intermediaries or otherwise, only become binding upon written confirmation from the florist.
6. Changes to the original agreement, of whatever nature, made in writing or verbally by or on behalf of the other party, which cause higher costs than could be expected in the quotation, may be charged additionally by the florist to the other party.
Article 7 PRIVACY & GDPR
Florist is obliged to comply with the GDPR Implementation Act and other laws and regulations regarding the processing of personal data and to act accordingly.
In the distance contract, reference is also made to the Privacy statement on the website (enter website name).
Article 8 RIGHT OF WITHDRAWAL
All fresh products, including flowers, from the florist cannot be returned, because these products have a limited lifespan. When purchasing products other than fresh products, the consumer has the option to terminate the agreement without giving reasons within 14 days, in accordance with Article 6:230o paragraph 1 of the Dutch Civil Code, if it concerns a distance purchase.
Article 9 FORCE MAJEURE
1. If delivery cannot be made in accordance with the agreement due to force majeure, the florist must inform the consumer of this as soon as possible by email, fax or telephone with written confirmation, without being obliged to pay any compensation.
2. Force majeure is understood to mean: All external causes, foreseen or unforeseen, over which the florist has no influence, but as a result of which the florist cannot fulfill its obligations or part thereof and which circumstances are also not permitted by law, an guarantee given by the florist whether the common views can be attributed to the florist.
3. In the event of force majeure, the florist can - after consultation with the buyer - cancel the agreement or suspend delivery until the time at which the force majeure situation ceases to exist.
4. If delivery is delayed by more than five days in the event of suspension, the buyer is entitled to notify in writing that the purchase agreement is considered dissolved.
In any case, the following circumstances, but not exhaustive, apply as force majeure:
a) late or unacceptable quality delivery from one or more supply companies.
b) restrictive government measures
c) total or partial strike or disruption of internal and external transport equipment.
d) riots and other disturbances that prevent the timely execution of the agreement.
e) complete or partial stagnation in the production apparatus of - or strikes or lockouts in - the company or in that from which goods based on raw materials or products are obtained.
Article 10 DELIVERY
1. Delivery is always deemed to take place at the florist's company, unless otherwise stated. Transport to the customer's address takes place at the expense and risk of the customer and, if the florist does not transport himself, the carrier. Unloading is also entirely at the expense and risk of the buyer.
2. Unless agreements have been made between the florist and the buyer, the route and means of transport are chosen to the best of our knowledge. The florist will not be liable for the choice made, unless the customer proves that the florist is attributable to intent or gross negligence.
3. Any insurance costs are borne by the buyer.
4. Agreed delivery times will be observed by the florist as much as possible, taking into account the usual tolerance inherent to the nature of the industry or trade. The florist is not liable for any delay in delivery and the delay cannot give rise to compensation or termination of the agreement.
5. The florist reserves the right not to execute orders if the consumer has not paid for previous deliveries within the agreed payment term. The florist is not liable for any damage suffered by the buyer as a result of non-delivery. The application of this right must be communicated to the consumer in a timely manner.
6. The consumer can cancel his order within 24 hours of the placement date, by send an email to the florist: (enter email address) or by telephone. If the delivery has already been prepared or carried out, it can no longer be canceled.
Article 11 PACKING, DELIVERY AND ADMINISTRATION FEE
The florist has the right to charge the costs of packaging and a surcharge for delivery and administration in addition to the sales price. The consumer must agree in advance to charging the aforementioned surcharges.
Article 12 PAYMENT
1. Sales are made against immediate payment in advance or upon delivery or execution, unless agreed upon after receipt of the invoice.
2. Unless expressly agreed otherwise, the buyer must pay the amounts owed by the consumer under the Agreement at the time and in the manner agreed, without any discount, settlement and/or suspension. Payment must be made to a bank or giro account specified by the florist, in the manner and within the term stated on the invoice. If no term is stated on the invoice, a payment term of 14 days will apply.
3. The florist is entitled to require an advance payment from the consumer, in which case this will be communicated to the consumer.
4. If the payment term is exceeded, the consumer is deemed to be in default by operation of law and the florist has the right to charge statutory interest from the day payment should have been made until the day of full payment. This is without prejudice to any further rights accruing to the florist.
5. In the event of non-payment or late payment, the extrajudicial costs in accordance with the Extrajudicial Collection Costs Standardization Act as laid down in the Extrajudicial Collection Costs Reimbursement Decree will be borne by the buyer. All legal costs incurred by the florist in connection with the collection of his claim will also be borne by the consumer.
6. No discharging payment can be made to persons employed by the florist who do not have express authority to do so.
7. The florist has the freedom to determine to which debts the buyer's payments will be attributed, but in any case payments will first be deducted from interest and extrajudicial collection costs.
8. All payments must be made without deduction or debt settlement, the latter except in the event of bankruptcy or granting of a suspension of payments to the consumer, at the office of the florist or by deposit or transfer to a bank or postal account to be designated by him. .
Article 13 RESERVATION OF OWNERSHIP
1. All delivered products remain the property of the florist until they have been paid in full.
2. In the event of late payment of one or more invoices that have already expired and if the concrete circumstances of the case and a reasonable consideration of the interests of the parties leave no other choice, the florist has the right to return the delivered products, as well as the packaging and to immediately collect other durable material and remove it from the place of storage.
3. The consumer must fully cooperate with the florist in this regard, failing which the consumer will forfeit a fine to the florist of 10% of the amount owed by the buyer for each day - including part of a day - that the consumer owes the florist florist fails to do so, without prejudice to the obligation to issue.
4. The consumer undertakes to the florist to cooperate within reasonable limits in all measures that the florist wishes to take to protect his right of ownership with regard to the goods.
Article 14 LIABILITY
1. The florist will fulfill its obligations as may be expected of a company in its industry, but accepts no liability for damage, including death and personal injury, consequential damage, business damage, loss of profit and/or stagnation damage, resulting from of actions or omissions of the florist, its staff or third parties engaged by it, unless mandatory legal provisions prohibit this.
2. The limitations of liability included in this article do not apply if the damage is due to intent and/or deliberate recklessness on the part of the florist, its management and/or its managerial staff.
3. Without prejudice to the provisions of the other paragraphs of this article, the florist's liability, for whatever reason, is limited to the invoice amount for the products and/or services delivered.
4. Without prejudice to the provisions of the other paragraphs of this article, liability is at all times limited to a maximum of the amount of the payment to be provided by the florist's insurance in the appropriate case, insofar as the florist is insured for this.
5. The florist cannot be held liable for the information provided on its site(s). Nor can liability be accepted in any way for completeness, text and typographical errors and other inaccuracies that may appear on this site. The florist cannot be held liable for any consequences resulting from the use of products and/or services described and/or offered on this site.
6. In the event that the florist cannot deliver the agreed online services and/or products, it cannot be held liable, except when non-delivery of the relevant (online) services is the result of a serious event attributable to the florist. shortcoming that was within the florist's sphere of influence. The availability of the internet depends on the internet itself, the florist's service provider and its telecommunications supplier. Therefore, the availability of the online services in appropriate cases is beyond the influence and responsibility of the florist, so that the florist will not accept any liability in this regard.
7. The florist is dependent on its providers for the maintenance and accessibility of its website. The florist will make every effort to resolve any disruptions in access to its website and/or the use of its website as soon as possible, but - although the florist strives to do so - cannot reasonably guarantee for uninterrupted availability of its website, correct and undamaged data transmission, the complete reliability and unhackability of the website and/or the services.
8. The florist has the right at any time to temporarily decommission the website for the purpose of resolving a malfunction or carrying out maintenance work on or adjusting the website. To the extent possible, the florist will mention the (maintenance) work to be carried out on the website in a timely manner.
9. The consumer indemnifies the florist against claims from third parties.
Article 15 COMPLAINTS PROCEDURE
1. The products to be delivered must meet the normally applicable quality standards for the relevant flower nursery products.
2. Complaints regarding visible defects in delivered products must be reported to the florist by fax/email or telephone immediately after discovery or in any case within 24 hours of receipt.
3. Complaints submitted will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the florist will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. Complaints relating to a specific delivery do not affect previous or subsequent deliveries and do not give the right to refuse payment for the relevant or previous or subsequent delivery.
5. Defects in part of the delivered goods do not give the consumer the right to reject the entire delivered batch.
6. Proof that the delivered goods do not comply with the agreement must be provided by the consumer. If quality complaints arise, the consumer must show the product to the florist and/or send a photo with complaint description to the florist.
Article 16 APPLICABLE LAW / DISPUTES
1. Dutch law applies to all agreements to which these Terms and Conditions apply in whole or in part. All disputes (even those that are only regarded as such by one of the parties) that may arise as a result of these conditions or as a result of agreements that may result from them can be submitted to the court, unless expressly agreed otherwise.
2. All disputes relating to or arising from agreements concluded between the florist and a buyer established abroad to which these Terms and Conditions apply, can be decided by the Dutch court, which has jurisdiction in the area in which the florist is established.
3. Notwithstanding the provisions under 2, the florist and the consumer established at home or abroad may agree to submit any dispute to an arbitration committee to be set up by VBW, whose decision will be accepted as binding by both parties.
Article 17 FINAL PROVISION
1. In those cases not provided for in these Terms and Conditions, Dutch law also applies.
2. If and to the extent that any part or provision of these Terms and Conditions appears to be in conflict with any mandatory provisions of national or international law, this will be considered not to have been agreed and these Terms and Conditions will continue to bind the other parties.
Amsterdam, January 2024
8.00 en 18.00
8.00 en 17.00
De Clercqstraat 112-114
1052 NN Amsterdam