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General terms and conditions

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 withdrawal Article 8 - Exclusion of the right of withdrawal Article 9 - The price Article 10 - Conformity and warranty Article 11 - Delivery and execution Article 12 - Duration transactions: duration, termination and renewal Article 13 - Payment Article 14 - Complaints procedure Article 15 - Disputes Article 16 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:
  1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
  3. Bye: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Durable data medium: any means that enables the consumer or trader to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to abandon the distance contract within the cooling-off period;
  7. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
  8. Remote agreement: an agreement whereby, within the framework of a system organised 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 distance communication;
  9. Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having come together in the same room at the same time.

Article 2 - Identity of the entrepreneur

Flower boutique Ton Hofman Frederikstraat 56G 2514 LL The Hague Phone number: 070-3632121 E-mail address: info@bloemenbezorgendenhaag.net Chamber of Commerce number: 57506108; Btw-identificatienummer: NL852611055B01

Article 3 - Applicability 

  1. These general terms and conditions apply to every offer by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall 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 inspected at the entrepreneur's premises and they will be sent to the consumer free of charge as soon as possible upon request.
  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 may be made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
  4. 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 general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
  • price including taxes;
  • any delivery costs;
  • the manner in which the agreement will be concluded and what actions are necessary to do so;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and performance of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the amount of the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
  • whether the agreement is archived after its conclusion and, if so, how it can be accessed by the consumer;
  • the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and, if desired, rectify them;
  • any other languages in which, in addition to Dutch, the agreement may be concluded;
  • the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a duration transaction.

Article 5 - The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
  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 concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating reasons.
  5. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
a. the visiting address of the trader's establishment to which the consumer can address complaints; b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal; c. the information on guarantees and existing after-sales services; d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  1. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

  1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
  2. During the reflection period, the consumer will handle the product and its 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 exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 - Costs in case of withdrawal 

  1. If the consumer exercises his right of withdrawal, at most the costs of return shipment will be at his expense.
  2. If the consumer has paid an amount, the operator will refund this amount as soon as possible, but no later than 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 to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader 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:
a. that have been created by the entrepreneur in accordance with consumer specifications; b. that are clearly personal in nature; c. which by their nature cannot be returned; d. which spoil or age quickly; e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; f. for loose newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal.
  1. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period; b. whose delivery has started with the consumer's express consent before the cooling-off period has expired; c. concerning betting and lotteries.

Article 9 - The price

  1. During the validity period 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 that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated with the offer.
  3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they result from statutory regulations or provisions; or b. the consumer is authorised to terminate the agreement as from the day on which the price increase takes effect.
  1. The prices mentioned in the offer of products or services include VAT.

Article 10 - Compliance 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 soundness and/or usability and the existing statutory provisions and/or government regulations 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 affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

Article 11 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
  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. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With 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 previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration transactions: duration, termination and renewal

Termination
  1. The consumer may terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time towards the end of the fixed-term, subject to agreed termination rules and a notice period not exceeding one month.
  3. The consumer may amend the agreements mentioned in the previous paragraphs:
  • terminate at any time and not be limited to termination at a particular time or period;
  • at least terminate them in the same manner as they were entered into by him;
  • always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
  1. An agreement entered into for a definite period of time and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period of time.
  2. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
  3. A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate the contract at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract relates to the regular, but less than once a month, delivery of daily or weekly newspapers and magazines.
  4. A fixed-term contract for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
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 period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period referred to in Article 6(1). In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
  2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot 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 immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
  4. In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has identified 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises which is susceptible to dispute resolution.

Article 15 - Disputes

  1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 16 - Additional or different provisions

Additional provisions or provisions deviating 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.