Terms and Conditions

The terms and conditions of MyFlowers.shop (part of B2B Flowers B.V., located in Lisse, Netherlands). Transparent and clear regarding our rights, obligations, and service.

Table of Contents

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
2. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or profession and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that makes future consultation or unaltered reproduction possible.
6. Right of withdrawal: the consumer's option to renounce the distance contract within the cooling-off period;
7. Model form: the model withdrawal form that the entrepreneur makes available which a consumer can fill in when they want to use their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products and/ch services, up to the conclusion of the contract making exclusive use of one or more techniques for distance communication;
10. Technique for distance communication: means that can be used for concluding a contract, without consumer and entrepreneur being together in the same room at the same time.
11. Terms and Conditions: these present Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

MyFlowers.shop
2e Poellaan 30-32
2161 CJ Lisse ZH
Netherlands
T: +31 6 8300 8125
E: [email protected]

Article 3 - Applicability

1. These terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the terms and conditions can be inspected at the entrepreneur's premises before the contract is concluded.
3. If the distance contract is concluded electronically, the text of these terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium.
4. In the event that specific product or service conditions apply in addition to these terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them in the event of contradictory terms.
5. If one or more provisions in these terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will otherwise remain in full force.
6. Situations not regulated in these terms and conditions shall be assessed "in the spirit" of these terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms shall be explained "in the spirit" of these terms.

Article 4 - The Offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.
3. The offer contains a complete and accurate description of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images and specifications 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, though minor color deviations may occur.
6. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer, including the price inclusive of taxes and any shipping costs.

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically.
3. The entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment.
4. The entrepreneur may, within legal frameworks, check whether the consumer can fulfill their payment obligations.
5. The entrepreneur will supply specific information with the product or service, such as the visiting address for complaints and the conditions regarding the right of withdrawal.

Article 6 - Right of Withdrawal

For products:

1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer.
2. During the cooling-off period, the consumer will handle the product and packaging with care.
3. If the consumer wishes to use their right of withdrawal, they must make this known within 14 days using the model form and return the product within 14 days.

For services:

1. When supplying services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days starting from the day of entering into the agreement.

Article 7 - Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, at most the costs of return shipment shall be for their account.
2. The entrepreneur will refund the amount paid as soon as possible, but no later than 14 days after withdrawal, provided the product has been received back or conclusive proof of complete return has been provided.
3. The consumer is liable for any diminished value of the product resulting from handling it other than what is necessary to establish its nature and characteristics.

Article 8 - Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products such as:

1. Products manufactured according to the consumer's specifications (custom orders).
2. Products that are clearly of a personal nature or that can spoil or age quickly (such as fresh flowers and plants).
3. Sealed audio and video recordings, computer software, and hygiene products whose seal has been broken after delivery.

Article 9 - The Price

1. During the validity 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.
2. All prices mentioned in the offer include VAT and are subject to printing and typographical errors.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/ch services comply with the agreement, the specifications stated in the offer, and reasonable requirements of reliability.
2. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery.
3. The warranty does not apply if the consumer has repaired or processed the delivered products themselves or treated them improperly.

Article 11 - Delivery and Execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
2. Accepted orders will be executed with due expedience, but at the latest within 30 days, unless a longer delivery period was agreed upon.
3. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer.

Article 12 - Duration Transactions

1. The consumer may cancel an agreement entered into for an indefinite period at any time with due observance of agreed cancellation rules and a notice period of no more than one month.
2. Agreements concluded for a definite period may not be tacitly extended or renewed for a fixed duration.

Article 13 - Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within the agreed payment term after the order.
2. The consumer has the duty to report inaccuracies in provided payment data to the entrepreneur without delay.

Article 14 - Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the execution 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 14 days from the date of receipt.

Article 15 - Disputes

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

Article 16 - Additional Provisions

Additional provisions or deviations from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing.

Questions about our terms?

Feel free to contact our customer support team if you have any questions.