General terms and conditions

Table of contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Articele 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Withdrawal obligation upon delivery of products
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and delivery time
Clause 12 - Payment
Article 13 - Complaints procedure
Article 14 - Force majeure
Article 15 - Liability
Article 16 - Disputes

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:
1. Ancillary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuous contract: a contract for the regular supply of goods, services and/or digital content for a defined period of time;
7. Durable data carrier: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, in which, up to and including the conclusion of the contract, exclusive or joint use is made of one or more techniques for distance communication
11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;
12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 - Identity of the entrepreneur

Name: Flowerys.eu, trading under the name JONG GERUND.
Address: Planker 5, 5721 VG - Asten
Telephone number: +031 (0)6 23 49 63 94;
E-mail address: [email protected];
Chamber of Commerce number: 84117788.

Article 3 - Applicability

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.
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 shall, before the remote agreement is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, contrary to 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 stored by the consumer in a simple manner 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.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to him.

Article 4 - The offer

If an offer has a limited duration or is made subject to conditions, this shall be explicitly stated in the offer.
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 entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;
the possible costs of delivery
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period within which the trader guarantees the price;
the height of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the agreement is archived after its conclusion, and if so in which way it can be consulted by the consumer;
the manner in which the consumer, before concluding the contract, can check and, if desired, rectify the data provided by him under the contract;
any languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;
the minimum duration of the distance contract in the event of an extended transaction.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the terms and conditions stipulated.
If the consumer has accepted the offer electronically, the trader will 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.
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.
The entrepreneur may - within legal frameworks - inform himself 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 remote agreement. If, on the basis of 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 giving reasons.
With the product or service, the entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier, or place it on the website
A. the visiting address of the establishment of the entrepreneur where the consumer can go with 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 regarding 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 terms and conditions, unless the entrepreneur has already provided the consumer with these data before the implementation 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.
In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Withdrawal obligation upon delivery of products

When purchasing products, the consumer has the possibility of dissolving the contract without giving reasons for a period of 14 days. This reflection period starts the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and its packaging with care. The customer will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the customer exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original state and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. See the page: https://www.flowerys.eu/service/shipping-returns/ for the explanation and conditions of returns.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, he shall bear at most the costs of return shipment.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 - Exclusion of right of withdrawal

If the consumer does not have a right of withdrawal, this can only be excluded by Flowerys.eu, if Flowerys.eu clearly stated this in the offer, or at least timely before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
A. which are created by Flowerys.eu in accordance with specifications of the consumer.
B. which are clearly personal in nature;
C. which due to lack of care (for instance placing in a cold, light, humid place) can quickly fail; a.o. dried flowers.
D. whose price is subject to fluctuations on the financial market on which Flowerys.eu has no influence.

Article 9 - The price

All prices are expressed in Euro and are inclusive of VAT. The consumer owes - at purchase - the price in the agreement. As long as the amount due is not delivered, Flowerys.eu is not obliged to deliver the products.
Obvious errors in price quotations, including inaccuracies, can be corrected after the agreement between the customer and Flowerys.eu. Special offers are - as long as the stock lasts - valid.
Finally, packing and shipping costs can be charged. These will be shown in the total amount.

Article 10 - Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader under the agreement.

Article 11 - Delivery and delivery time

Placed orders are, when the amount due is paid, delivered at PostNL, DHL or GLS. Flowerys.eu assures that the parcel is delivered in the right way, that it is delivered on time and that it arrives in good condition. However, Flowerys.eu is not responsible for the actual delivery. The shipment and possible risks are entirely for the consumer. If it can be proven that Flowerys.eu did not deliver the package on time or not properly to PostNL, then Flowerys.eu is liable. The consumer can then redeliver the products or have the amount due refunded. The amount of the order should then be refunded by Flowerys.eu within 30 days.
If at the time of delivery nobody is present, i.e. neither the consumer nor a person designated by him or her, Flowerys.eu does not ensure the state of the delivery.
It is important that the consumer - after receiving - checks the products himself. If the consumer has received the products in such a bad state and the products therefore do not meet such quality requirements, I request that the consumer makes it known within six hours - after receipt. Making it known can be done via; [email protected].
Flowerys.eu operates a stock system. However, it is possible that products are not in stock. Flowerys.eu will make this known at least one day before delivery via the contact details provided. Possible follow-up options can be; order will be cancelled, the order will be partly cancelled and the value of the products which are missing will be refunded or the order will be sent at a later time.

Article 12 - Payment

Unless otherwise agreed, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment has been 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.
The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.

Article 13 - Complaints procedure

If the consumer receives products that do not meet the quality requirements (see article 11.4), the consumer should make it known within six hours. The six-hour period commences as soon as the products are received, Track & Trace can apply as a guarantee in this respect. Notification of the complaint can be made via: [email protected]
If the complaint is passed on, the consumer will be obliged to treat the order - in any case for five days - with all due care, so that the observed quality issues can be further investigated. A further appointment will be made between the consumer and Flowerys.eu to visit and investigate the loss of quality.
If the complaint is approved by Flowerys.eu, the consumer is entitled to a refund of the value of the order.
If the complaint cannot be solved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
Return shipments are allowed if Flowerys.eu has given its express consent.
Other complaints can be reported to [email protected]. However, these complaints can never lead to compensation.

Article 14 - Force majeure

In case of force majeure Flowerys.eu is not obliged to fulfil its obligations. Flowerys.eu may then postpone the obligations for the duration of the force majeure. Examples of force majeure are; fire, strikes, energy and business interruptions, late delivery of products by suppliers, the lack of a permit, network or connection failures or the temporary unavailability of the website.

Article 15 - Liability

Flowerys.eu is not liable for indirect damage of the consumer or third parties. This includes consequential damage, delay damage, company damage, personal injury, loss of profit or other indirect damage, for whatever cause.
The consumer indemnifies Flowerys.eu for all claims of third parties, to be named compensation for damage, interest or costs incurred in connection with the goods delivered by Cactus plant.

Article 16 - Disputes

On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law is applicable.

Article 17 - complaint handling

"We fully understand that there can always be something that may not go quite as planned. We always want to solve this for you and will of course do our utmost to do so. If you have a complaint, question or other problem, please notify us via the following e-mail address: [email protected]. If we still cannot solve the problem together, you can take another option below.

For our customers, we also have the option of submitting their complaint at European level on the ODR platform. This platform comes from the European Dispute Resolution Commission. You can find this platform and the corresponding form via the link: https://ec.europa.eu/consumers/odr. Please note: If your complaint has not yet been processed elsewhere, you are of course free to make it known via the aforementioned platform.