General Terms And Conditions
The use of these general terms and conditions, no rights can be derived from it, can this format help in drafting your own terms and conditions. You should check the terms, however, is always to adapt to the activity and performance of your company. The VBW legal service can help you with this support.
TERMS OF DELIVERY AND PAYMENT FOR THE RETAIL SALE OF FLOWERS AND PLANTS, ADOPTED BY THE ASSOCIATION FLORIST RETAILERS, LOCATED AT (6716 WC EDE THE DA VINCILAAN 5, AS DEPOSITED AT THE CHAMBER OF COMMERCE FOR CENTRAL GELDERLAND UNDER NUMBER 40409736
Article 1 DEFINITIONS
In these terms and Conditions is understood under:
– General terms and conditions: These general delivery and payment conditions of the VBW.
– Florist: a bloemistwinkelier, natural person or legal entity, affiliated with the Association Florist Retailers, located at (6716 WC Ede the Da Vincilaan 5, and which products and/or services to (remote) consumers.
– Agreement: any agreement between the florist and the consumer, every amendment thereof or addition thereto.
– Consumer: every natural person not acting in the exercise of a profession or business and any legal entity, to whom the florist an offer or a price quote, does, quote reports, with whom the florist enters into an agreement, or about negotiating.
– Cooling-off period: the period within which the consumer may use his right of withdrawal
– Right of withdrawal: the possibility for the consumer to within the cooling-off period of the distance contract
– Distance: an agreement whereby in the framework of a by the florist system organized for the distance sale of products and/or services, until the conclusion of the agreement exclusive use of one or more techniques for distance communication.
Technique for distance communication: means that can be used for concluding an contract, without the consumer and trader are physically in the same room together
Article 2 IDENTITY OF THE FLORIST
Naam bloemist: Naturals Nederland BV
handelend onder de naam: Naturals
Vanaf maandag t/m vrijdag van 08:30 uur tot 17:00 uur
Article 3 GENERAL
- An Agreement is always that version of the terms and conditions as most recently filed with the Chamber of Commerce at the date of the conclusion of the Agreement.
- If a provision of these general conditions is null and void, in whole or in part) is void or ineffective, the remaining provisions will remain in full force and effect. The florist and the consumer will enter into negotiations for a new provision to agree, that as far as possible with and take account of the purpose and effect of the invalid, void or void said provision.
- In addition to these general terms and conditions – only if this is expressly indicated additional conditions such as special terms and conditions applicable to certain services and/or products in a specific specified period of time. Should there be between the additional conditions and these general terms and conditions differences than apply, in principle, those provisions of the additional conditions shall prevail over these general terms and conditions, unless otherwise specified.
- If the buyer to his own general (purchasing)terms and conditions refers to those conditions do not apply, unless expressly agreed in writing by the florist is agreed.
- The florist reserves the right to change these terms and conditions.
Article 4 APPLICABILITY
- These general terms and conditions apply to all offers and/or all contracts and distance contracts concluded by the florist entered into with third parties.
- Disclosure may be made through the advance to the other party a copy of the general conditions, by a reference to the general terms and Conditions on letter - and factuurpapier, by referencing the POSSIBLE Conditions on quotation, price list or order confirmation.
- Prior to the conclusion of the distance contract, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, be indicated that the general terms and conditions with the florist to see and at the request of the consumer as soon as possible be sent free of charge.
- If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions electronically to the consumer be made available in such a way that the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions electronically can be taken and that at the request of the consumer electronically or otherwise without charge will be sent.
- Unless otherwise agreed in writing, the under 1 announced general terms and Conditions shall be deemed by the Parties to be accepted.
- Any varying provisions must be expressly agreed in writing and, to the extent that it does not take the place of the provisions of these terms and Conditions, deemed these Conditions to complete.
Article 5 PROPOSALS/QUOTATION
- All by or on behalf of the florist orally or in price lists, daily or weekly newspapers, periodicals, notices, letters, faxes and online offers in respect of prices, quotations, delivery terms e.d. are not binding and the florist in no way binding, unless explicitly stated otherwise.
- All by the florist, was released on personal quotations have a validity period of 7 (seven) days after the date of the quotation, unless the quotation states otherwise
- Offers are only valid during the specified promotional period and while stocks last.
- At the time the quotation is no obligation for the florist to supply of a part against a corresponding part of the quoted price for the whole.
- The sale price is denominated in euros, inclusive of VAT, but exclusive of any shipping or delivery charges.
- Obvious (write)errors in price or description of a product can by the florist always be corrected. If the consumer, however, on the basis thereof, to enter into an Agreement should have decided, he can this Agreement within fourteen (14) days after the florist the on (write)error has made known to cancel.
Article 6 AGREEMENT
- The agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and meet the corresponding conditions.
- If the consumer accepts the offer electronically accepted, confirms the florist immediately electronically receiving the acceptance of the offer. Until receipt of this acceptance by the florist is confirmed, the agreement by the consumer to be dissolved.
- If the contract is concluded electronically, the florist will take appropriate technical and organisational security measures for the electronic transfer of data and provides the florist a secure web environment. If the consumer can pay electronically, the florist with appropriate safety precautions.
- On the basis of the responsible conclusion of the agreement (at a distance), the florist is up to the consumer can meet the payment obligations. On the basis of this research, the florist is entitled to a reasoned order or request or to refuse to implement special conditions attached.
- Agreements (except for purchase and sale against a cash payment) which, whether or not through mediation of brokers who have entered into, first by written confirmation from the florist for him binding.
- Changes in the original agreement, of whatever nature, in writing or orally by or on behalf of the other party, which higher costs cause then on which the task could be counted, can the other party by the florist in charge.
Article 7 right of WITHDRAWAL
All fresh products,including flowers ,the florist can not be returned, because these products have a limited lifespan. When purchasing products, other than fresh produce, the consumer has the right, without giving reasons, to dissolve the agreement during 14 days, in accordance with section 6:230o paragraph 1 of the civil code, if the distance purchase relates to.
Article 8-force MAJEURE
- When supremacy can not be provided in accordance with the agreement, the florist this is the consumer as soon as possible by email, fax or telephone with written confirmation messages, without payment of any compensation.
- Under force majeure is understood to mean: All external causes, foreseen or unforeseen, which the florist can exert no influence but which prevent the florist her obligations or a part thereof is unable to perform and any conditions or on the basis of the law, a by the florist guarantee given or the verkeersopvattingen to the florist can be allocated.
- The florist may in cases of force majeure, after consultation with the buyer, cancel the agreement or postpone delivery, until such time as the force majeure ceases to exist.
- If in case of suspension of the delivery more than five days of delay, the buyer may in writing notify the purchase contract as dissolved.
In any case, the following circumstances, but are not limited to, force majeure:
- to late or qualitatively unacceptable delivery of one or more suppliers.
- restrictive measures imposed by the government
- whole or partial strike or interference in the in - and external transport apparatus.
- riots and other civil disturbances that the timely performance of the agreement impossible.
- whole or partial stagnation in the production of or strikes or lockouts in the company or in which goods raw materials c.q. products are involved.
Article 9 DELIVERY
- The delivery is still deemed to be effected on the business of the florist, unless otherwise specified. The transport to the address of the customer shall be effected for the account and risk of the customer and the florist is not itself transported, the carrier. Also the unloading shall take place entirely for the account and risk of the customer.
- Except insofar as this between the florist and the customer agreements have been made, the route and means of transport to the best chosen. The florist for the made choice not be held liable, unless the consumer would show that the florist wilful intent or gross negligence can be blamed.
- Any insurance costs shall be for the account of the buyer.
- Agreed delivery times will be provided by the florist as much as possible be respected, 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 may not give rise to damages or rescission of the contract.
- The florist reserves the right to orders not to perform if the consumer for previous deliveries within the agreed payment period. The florist is not liable for any loss incurred by the buyer as a result of non-delivery. The application of this right, the consumer should be timely notified.
- The consumer may order to dissolve, this should be within 24 hours after job age, d.m.v. an e-mail to send to the florist: email@example.com or by phone 010-1412002. If the delivery has already been prepared or executed, it can no longer be dissolved.
Article 10 PACKAGING
delivery and administration fee
The florist has the right above the sales price the costs of packaging and a surcharge for delivery and administration to calculate. The consumers must advance to agree with the charge of the aforementioned surcharges.
Article 11 PAYMENT
- Sale shall be made against immediate payment in advance or on delivery c.q. execution, unless agreed upon after receipt of the invoice.
- Unless otherwise expressly agreed, the buyer must by the consumer under the Agreement to pay the amounts due at the time and in the manner as agreed, without any discount, set-off and/or suspension. The payment must be made by the florist bank or giro account designated, in the manner and within the term as stated on the invoice. If no term is specified on the invoice, payment terms of 14 days apply.
- The florist is entitled to a payment from the consumer desire, in which case the consumer will be notified.
- If the payment term is exceeded, the consumer is deemed to be ipso jure in default and the florist the right the legal to charge interest from the day on which the payment should have been made until the date of payment in full. This is without prejudice to the florist further rights.
- In case of non or late payment, the extrajudicial costs according to the Law, the standardisation of extrajudicial collection costs as laid down in the Decision compensation for extrajudicial collection costs for the account of the buyer. Also all legal costs, that the florist in connection with the collection of his claim, are for the account of the
- To persons, in the service of the florist, that no express power of attorney, not a liberating way to be paid.
- The florist has the freedom to determine to which debts payments of the buyer to be allocated, but in each case, payments will first be deducted on interest and extrajudicial collection costs.
- All payments must be made without deduction or set-off, the latter except in the case of bankruptcy or the granting of suspension of payment to the consumer, shall be made at the office of the florist or by deposit or bank transfer to a bank or post-office account belonging.
Article 12 RETENTION of title
- All delivered products remain the property of the florist until they are paid in full.
- In the event of late payment of one or more already past due invoices and if the concrete circumstances of the case and a reasonable balancing of the interests of the parties leave no other choice, the florist the right to use the delivered products, as well as the issued packaging and other durable material to immediately take and of the place of storage.
- The consumer should be the florist for this purpose to co-operate fully, failing which the consumer against the florist a penalty forfeit of 10% of the owed by the buyer, for each day –part of a day, including that of the consumer against the florist, this remains in default, without prejudice to the obligation to surrender.
- The consumer undertakes towards the florist to within reasonable limits to cooperate with all measures that the florist for the protection of his property rights with respect to the business wants to take.
- The florist will fulfill its obligations as a company in its industry may be expected, but accepts no liability for damages, including death and personal injury, consequential loss, trading loss, loss of profits and/or stagnation damage that is the result of an act or omission of the florist, its staff or by third parties, unless mandatory legal provisions oppose this.
- The in this article mentioned limitations of liability do not apply if the damage is due to intent and/or conscious recklessness on the part of the florist, its directors and/or its managerial staff.
- Without prejudice to the provisions in the other paragraphs of this article shall be the responsibility of the florist, for whatever reason, is limited to the invoice amount for the delivered products and/or services.
- Without prejudice to the provisions in the other paragraphs of this article, the liability will at all times be limited to the maximum amount of by the insurance company of the florist in the common case to provide a benefit, for as far as the florist for this insured.
- The florist can not be held liable for the information provided on its site(s) is given. Also, no liability can be accepted for completeness, the text and typographical errors and other inaccuracies that this site may occur. The florist can not be held liable for any consequences resulting from the use of products and/or services listed on this site are described and/or offered.
- In the case of the florist, the agreed online services and/or products can not deliver, they will not be held liable, except when non-delivery of the relevant (online) services was the result of a to the florist attributable serious shortcoming within the influence spheres of the florist was. The availability of the internet depends on the internet itself, the service provider of the florist and its telecommunications supplier. Therefore, is the availability of the online services, in appropriate cases, beyond the control and responsibility of the florist, so the florist in this respect no liability will be accepted.
- The florist for the upkeep of, as well as for the accessibility of its website depending on its providers. The florist shall, to its best efforts to prevent interference in the access to its website and/or the use of its website as soon as possible to eliminate, but it can – although the florist here is striving for – in all fairness do not guarantee uninterrupted availability of its website, correct and uncorrupted data transmission, the full reliability and onkraakbaarheid of the website and/or the services.
- The florist has the right at all times to the benefit of the elimination of a fault.c.q. the performance of maintenance.c.q. the customizing of the website, the website is temporarily out of use. To the extent possible, the florist to carry out the maintenance work timely on the website.
- The consumer indemnifies the florist of claims of third parties.
Article 14 COMPLAINTS procedure
- The products to be delivered must meet the normal quality standards for the relevant floricultural products.
- Complaints concerning visible defects in products delivered must immediately after discovery, or in any case within 24 hours after receipt, by fax/email or telephone the florist to be reported.
- Complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, the florist within the period of 14 days responded with a message of receipt and an indication when the consumer a more detailed answer can expect
- Complaints, which relate to a specific delivery exert no influence on preceding or subsequent deliveries and give no right to payment for the on or prior or subsequent delivery or to refuse.
- Defects in a part of the goods give the consumer the right to reject the whole provided party.
- The evidence that the goods delivered conform to the agreement by the consumer to be delivered. With the emergence of kwaliteitsklachten the consumer, the product to show at the florist and/or a photo with the formulated complaint to send to the florist.
Article 15 APPLICABLE LAW / DISPUTES
- All agreements to which these Conditions fully or partly apply, Dutch law is applicable. All disputes (even those by only one of the parties be considered as such) that could arise as a result of these terms and conditions or further agreements resulting therefrom may be submitted to the court, unless specifically stated otherwise or agreed.
- All disputes relating to or arising from the between a florist and a foreign-based buyer agreements to which these Conditions apply, can be decided by the Dutch Court, which has jurisdiction over the area where the florist is located.
- In derogation from the provisions under 2 can the florist and the consumer at home or abroad established, may agree to submit any dispute to a VBW to set up arbitration committee, whose decision by both parties will be accepted as binding.
Article 16 final provisions
- In cases where these Conditions do not provide will also be governed by Dutch law.
- If and to the extent that any part c.q. any provision of these terms and Conditions in battle would prove to be with any mandatory provisions of national or international legislation, will, if not agreed, be considered and these Terms will otherwise continue to bind the parties