Terms and Conditions

Index:

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 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9- Obligations of the entrepreneur in the event of withdrawal

Article 10 - Exclusion right of withdrawal

Article 11 - The price

Article 12 - Conformity and Warranty

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, cancellation and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Industry guarantee

Article 19 - Additional or different provisions

 

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Reflection period: the period within which the consumer can make use of his right of withdrawal;

  2. Consumer: the natural person who does not act in the course of a profession or business and who enters into a distance contract with the entrepreneur;

  3. Day: calendar day;

  4. Duration transaction: a distance contract with regard to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;

  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

  6. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;

  7.  

  8. Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.

  9. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

  10. Distance contract: an agreement in which, in the context 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 distance communication;

  11. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room.

  12. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

Firenze Bloemenatelier BV

Heidestatiestraat 44

2920 (Heide) Kalmthout

België 

 

E-mail: [email protected]

Phone number: 0032 3 658 26 00

 

Company number: 0811.181.603

VAT number: BE0811.181.603

RPR (register of legal entities): Antwerp

 

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and 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 the consumer can 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 apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.

  5. If at any time one or more provisions in these general terms and conditions are wholly or partially void or destroyed, the remainder of the agreement and these terms and conditions will remain in force and the relevant provision will be replaced by a provision in mutual consultation without delay. of the original as closely as possible.

  6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these terms and conditions.

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 is without obligation. The entrepreneur is entitled to change and adjust the offer.

  3. 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 representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

  4. All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

  5. Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.

  6. 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 the special:

    • the price including taxes;

    • any shipping costs;

    • the manner in which the agreement will be concluded and which actions are required for this;

    • whether or not the right of withdrawal applies;

    • the method of payment, delivery and execution of the agreement;

  • the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;

  • 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 regular base rate for the means of communication used;

  • whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;

  • the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;

  • any other languages ​​in which, in addition to Dutch, the agreement can be concluded;

  • 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

  • the minimum duration of the distance contract in the case of a long-term transaction.

  • Optional: available sizes, colours, type of materials.

Article 5 - The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the associated conditions.

  2. If the consumer has accepted the offer electronically, the entrepreneur 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.

  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 about 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:

  • the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

  • 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;

  • the information about warranties and existing after-sales service;

  • 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; or  the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract

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

  • If the consumer has a right of withdrawal, the model withdrawal form.

    • In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

  1. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

  2. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

For products:

The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).

  1. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:

  2. 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. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.

  3. 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;

 

  1. in the case of agreements for 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 provided on a tangible medium:

  1. The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for a minimum of 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).

  2. The reflection 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 is not delivered on a material medium if you do not inform about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.

  2. 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 cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

  1. During the cooling-off 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 determine the nature, characteristics and functioning 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.

  2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.

  3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.

  3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.

  6. If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or certain quantity starts during the cooling-off period, the consumer owes the entrepreneur a an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.

  7. The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

  8. 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 model form for withdrawal, or;

  9. the consumer has not expressly requested the commencement of the performance of the service or the delivery of gas, water, electricity or district heating during the reflection period.

    1. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

    2. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

    3. he has not expressly agreed to commence fulfillment of the agreement before the end of the cooling-off period prior to its delivery;

    4. he has not acknowledged to lose his right of withdrawal when granting his consent; or

    5. the entrepreneur has failed to confirm this statement from the consumer.

Article 9- Obligations of the entrepreneur in the event of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receipt of this notification.

  2. 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 with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.

  3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

  4. 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 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 in time for the conclusion of the agreement:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period

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

  3. Service agreements, after full performance of the service, but only if:

  4. the execution has started with the express prior consent of the consumer; and

  5. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;

    1. Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;

    2. Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation;

    3. Products manufactured to consumer 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;

    4. Products that spoil quickly or have a limited shelf life;

    5. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;

    6. Products that are irrevocably mixed with other products after delivery by their nature;

  1. Alcoholic drinks, the price of which was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;

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

  3. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;

  4. The supply of digital content other than on a tangible medium, but only if:

  1. the execution has started with the express prior consent of the consumer; and

  2. the consumer has declared that he loses his right of withdrawal.

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 products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned 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:
  • they are the result of statutory regulations or provisions; or
  • the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
  1. The prices stated in the offer of products or services include VAT.
  2. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
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 statutory provisions and/or usability existing on the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, his supplier, 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.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 7 days after delivery. The products must be returned in the original packaging and in new condition.
  4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
  • The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or processed by third parties;
  • The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
  • The defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
  1. An extra guarantee is understood to mean any obligation by the entrepreneur, his supplier, importer or producer in which he grants 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
  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 entrepreneur will execute accepted orders expeditiously but at the latest within 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 be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
  5. After 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 14 days after dissolution.
  6. 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 any return shipment are for the account of the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Duration transactions: duration, cancellation and extension
Cancellation
  1. The consumer can cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, with a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite term, subject to the agreed cancellation rules and a notice period of at least maximum one month.
  3. The consumer can conclude the agreements referred to in the previous paragraphs:
  • cancel at any time and are not limited to cancellation at any particular time or period;
  • at least cancel in the same way as they entered into by him;
  • always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
  1. An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period.
  2. Notwithstanding the previous paragraph, a contract that has been entered into for a definite period of time and which extends to 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 opposes this extended contract. can terminate the end of the extension with a notice period of no more than one month.
  3. An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is allowed to cancel 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 extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Article 15 - Payment
  1. The customer agrees that the entrepreneur is entitled to request an advance up to a maximum of 50% of the sales price. If the customer does not pay the requested advance within the term set by the entrepreneur, the entrepreneur will be entitled to suspend the delivery of his services and/or products until the customer has fulfilled his payment obligations towards the entrepreneur and can provide proof of this. present.
  2. 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.

 

  1. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. 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.
  2. If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to            € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
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 implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, 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 notification 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.
  5. In the event of complaints, a consumer must first turn to the entrepreneur. If the web store is affiliated with Stichting WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an ongoing membership via https://www.webwinkelkeur.nl/leden/. If a solution is not yet reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Article 17 - Disputes
  1. Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
  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