General sales conditions
Terms and conditions of www.thuisbloemist.be
Thuisbloemist takes care of the order and delivery of flowers and plants and related gift items. On all offers are the following terms and conditions of Thuisbloemist applicable. The conditions are accessible to everyone and included on our website. On request Thuisbloemist sends you a written copy without charge.This request you can send by e-mail (firstname.lastname@example.org) to us or through our contact form on our website www.thuisbloemist.be or per telephone numberr +31 (0)6 4257 4527.
Article 1 - Definitions
In these conditions the following terms shall have the following meanings:
Organisation / Entrepreneur: Thuisbloemist;
Consumer: The natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur concludes;
Cooling off period: The period within which the consumer can make use of his right of revoke;
Right of revoke: The ability for consumers to renounce the contract on distance within the cooling-off period;
Contract on distance: An agreement whereby in the context of an organized system for selling of products
and / or services on distance organized by the entrepreneur, untill the concluding of the of the agreement,
makes exclusive use of one or more means of communication on distance;
Technology for distance communication: Means that can be used for closing a agreement, without the
consumer and entrepreneur being in the same room;
Recipient or also addressee: The person for which the order is intended for; this can be the consumer who
has ordered for delivery to the own home address, or another person (addressee) wherefore a consumer has
ordered as a surprise, for delivery at the address of this person.
Article 2 - Identity of the entrepreneur
Name of organisation: Thuisbloemist
3144 CH Maassluis
Tel. +31 (0)6 4257 4527
Ch. of Comm. no.: 50605984
VAT identification number: NL8228.33.487.B01
Article 3 - Applicability
These general conditions apply to any offer by Thuisbloemist and to any agreement concluded on-line between the entrepreneur and the consumer. Before the on-line agreement is concluded, the text of these general conditions will be made available to the consumer. Personal data are used mainly for the correct processing of the orders and for sending a newsletter or making personal offers (after your approval to be informed of information provided by Thuisbloemist). Thuisbloemist will not place at someone's disposal your personal data and will only be made available to third parties who are involved in processing your order. Our employees and hired third parties by us, are obliged to respect the confidentiality of your information.You consent to provide honest and accurate information about yourself and you consent to keep this information up to date and as circumstances change, to adapt or update your information. If it appears that information you provides is inaccurate or incomplete, Thuisbloemist reserves the right for your subscription to terminate and refuse further access to the website.
Article 4 - Offer
If an offer has a limited period of validity or is made subject to terms and conditions, this will be explicitly stated in the offer.
The offer contains a full and accurate description of the products offered, showing clearly which rights are applicable and
which obligations are attached. The description is sufficiently detailed to allow the consumer a proper assessment of the
offer. Prices are shown with taxes included in Euros, exclusive costs as service- and delivery fees. Price changes,
corrections and typographical errors reserved.
The images and photos used by the entrepreneur, are a true reflection of the products and / or services.
Obvious mistakes or errors in the offer are not binding.
Thuisbloemist giftcards are available for purchase on the webshop and can be used only in our webshop.
Article 5 - The Agreement
Subject to approval of the provisions in article 4, the agreement is concluded at the time of acceptance of the offer
by the consumer and the fulfillment of the conditions set for that purpose. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. When the purchase has been completed, the consumer will see an order confirmation directly on the website. An order confirmation is also sent to the given e-mail address registered during the order process. In case the order confirmation is not received, the consumer could contact the Customer Service. The consumer has the right to dissolve the agreement as long as the receipt of this acceptance has not been confirmed.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the Eentrepreneur will take appropriate safety precautions.
Within legal frameworks the entrepreneur may inform whether the consumer is able to meet his payment obligations, as well as whether all facts and factors that matter for a responsible on-line conclusion of the agreement. On the basis of this investigation, if the entrepreneur has solid grounds not to conclude the agreement, he will be entitled to refuse an order or application stating reasons or to attach special conditions to the execution.
The entrepreneur will include the following information for the product or service to the consumer, in writing or in such a manner that this can be stored by the consumer in an easily accessible manner on a sustainable information carrier:
a. The contact form of the entrepreneur where the consumer can lodge any complaints where
also information about guarantees and after sales service are available.
b. The conditions under which and the way in which the consumer may use the right to revoke,
or a clear notification regarding the exclusion of the right to revoke.
Article 6 - Right to revoke on delivery of floral products
You are entitled to cancel your order untill 14 (calendar) days of receipt without giving a reason (called cooling off period). You will receive the total amount, including the delivery costs credited within 14 days, if you return the items in good condition. Only the costs for returning the product(s) of your home to the address of Thuisbloemist is for your own account. If you make use of your right of revoke, the product(s) will be returned with all accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur within 14 days of notification of the return.
However, the right to revoke does not apply to contracts for delivery of products according to their properties that are not suitable for return or can spoil quickly. For flowers, vegetables, fruits and plants, it is not always possible to return, because they are subject to decay. In order to determine whether a product is subject under decay, we can say that as a product within the cancellation period of 14 days can spoil it is subject to decay. Thuisbloemist therefore can not offer a cooling off period of 14 days during which you can cancel the contract without reason, after receipt of the flowers and / or plants and / or related (fresh) products.
However the consumer can request to rescind the purchase or cancellation of the order if you observe a minimum period of two working days before the original date of delivery. In this case, Thuisbloemist will pay the cost of the purchase or order back without the transaction costs of the payment method used by the consumer for that order(s) and any costs already incurred by Thuisbloemist for the preparation of the order, only restitution for a certain part will be possible. For products and / or services from the 'deals' is the request to cancel the purchase or cancellation of the order no.
A delivered order cannot be cancelled when incomplete or incorrect delivery information is given. specified in article 3.
Thuisbloemist works with living products. The bouquet, flower arrangements, flower or plant that will be supplied may differ from the picture on the website; regarding availability, season and the fact that flowers and plants are natural products and that the flowers and plants will be delivered fresh what means in bud.
If the delivered product(s) contains defects or other shortcomings the consumer can use here/his right to revoke. The consumer may contact the customer service of Thuisbloemist telephone number 070 3698784 and/or through the return form on the website and/or by e-mail email@example.com. We ask you detailed description of the defect in the correspondence and preferably accompanied by sending a picture of the problem to firstname.lastname@example.org. The consumer will return the product including all accessories and if reasonably possible in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. In case of refunds, the entrepreneur will repay the order amount including delivery costs as soon as possible, yet at the latest within 14 days.
Article 7 - Price
The prices shown on the website are related to the photo of the product. Prices are tax included (6% on flowers and plants, 21% on addid value products), such as compositions, were the addid value exeeds the price of the flower(s) or plant(s).
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the floral market and on which the entrepreneur does not have any influence on variable prices. The prices of products and / or services mentioned prices in the offer are including VAT.
A fee is charged for the delivery, which is clearly indicated in the shop and on the order page. Prices can, depending on the season, availability and delivery region vary greatly. For this reason, the supply to the product shown in the photographic material is not guaranteed.
During the period mentioned in the offer the prices of the products and / or services do not increase, subject to price changes resulting from changes in tax rates. In case of varying prices (by fluctuations in the financial market, flower prices vary by season or influences which the entrepreneur has no influence on) the prices will be adjusted in time in the offer on the website.
If a consumer has received a discount code or an e-voucher, the consumer is responsible for it. Thuisbloemist is not responsible for loss, theft or damage. Discount codes and vouchers can be used in the webshop, in the order process before completing the payment. In case of problems, the consumer can always contact the customer service. Note that discounts are usually valid for a limited time only. Information regarding this can be found in the information given with the discount code or e-voucher.
All acts of deception and fraudulent orders will be reported to and handled by the local police.
Article 8 - Delivery and execution
All bouquets, arrangements and plants are handcrafted by Thuisbloemist. In all products, Thuisbloemist has tried to include flowers and plants that are readily available. However, the assortment can vary because we use life products, and due to seasonal availability. If a specific flower is not available, this will be replaced by a similar flower in shape and colour. Thuisbloemist always aim to create a bouquet or a plant as similar as possible to the original product.
In most images, flowers and plants are shown that are in full bloom, to represent the look of the bouquet or plant during most of its life. When the flowers and the plants are delivered they are fresh, and therefore may include flowers that are still not in full bloom. This is not something negative, but makes sure that the floral gift can be enjoyed for as long as possible, all prices are given under each product and size respectively. Delivery fee and service fee is added to each order.
The time of delivery and placing orders is indicated on the webshop and we try to deliver at the on the agreed time period.
During extreme weather conditions delivery cannot be guaranteed on time and on date. If the delivery is not possible due to force majeure, the order will be delivered as soon as possible. In those extreme cases the 100% satisfaction guarantee is not applicable.
The orders will be delivered to the recipient by external distributors. The delivery terms are consistent with those of these parties. The customer takes full responsibility that the given recipient information is complete and correct. If there is a delay in the delivery due to incorrect or incomplete information (including house number) provided by the customer, the order will not be refunded.
Thuisbloemist can not be held responsible for the inability to deliver the order on the appointed day because the recipient has requested a distributor or parcel service not want to receive orders on a particular day or predetermined days. In this case, the order will not be refunded to the client.
In case of handing over the order and no one is at the indicated address of the recipient the delivery service will attempt to deliver the order at the neighbors. When the delivery is successful at the neighbors, the courier deposits in the mailbox of the original delivery address (recipient) a 'notification' with the message that the courier has delivered the order at the address of the neighbor, including the date and time and the address where the courier has delivered the order as well as the name and place of the sender. If the delivery attempt does not succeed at the neighbors the courier will leave a "notification" for the recipient after stating that the courier has attempt to deliver an order and that the order either can be picked up at an alternative address, or is attempted again or to provide another time to deliver after consultation with the recipient. If the recipient does not pick up the order at the alternate address, Thuisbloemist can not take responsibility for this and will the order be considerd as completed.
Please note there will be no delivery attempt on public holidays, Sundays and the day immediately following a public holiday.
Article 9 – Payment
You are required to pay after you have placed an order on the website of Thuisbloemist. Payment must take place by return except when ordered on the basis of paying afterwards. Payment can be completed via SOFORT Banking, Bancontact Mister Cash, Credit Card, Pay Pal, Maestro, Bank transfer and afterpay. The delivery and service fees are both added to the product value. All payments at the webshop of Thuisbloemist are handled by an accredited and secure e-commerce company, and security of payment via the website is of the highest order.
The terms of payment of orders made on the basis of afterpay is 14 days. If payment is not settled by return and or when the payment after the expiration date is not entirely received on our bank account, has this the following consequences; the customer receives an (electronic) memory in which a final opportunity is offered to settle the bill; over the outstanding period of the expiration date can be charged 1% interest per month. If the customer does not pay the bill within 5 working days, or not entirely in response to this reminder, Thuisbloemist will be forced to place the account in the hands of a bailiff without further notice for collection.
For this collection letter, the customer is therefore administration costs indebted with a maximum of € 40.00 per order payable to Thuisbloemist. If Thuisbloemist is forced to hand over the claim for collection, all judicial and extrajudicial collection costs are for the account of the customer. The extrajudicial costs include the costs of collection this is at least 15% of the principal sum with a minimum of € 40.00 and the previously mentioned 1% interest per month after the expiration date.
Article 10 - Complaints
Complaints regarding non-deliveries should be mentioned within 30 days following the date of delivery.
If during transport occur breakage, damage or loss, Thuisbloemist will ensure that a new product will be delivered as soon as possible, provided you have notified upon receipt of the product, the defect has specified and has noted on the delivery note. If you do not note the dammage or loss on the delivery note, you are by no means entitled to a replacement and / or indemnification of any kind.
Complaints regarding other aspects should be mentioned within 5 days following the date of delivery. Consumers are kindly asked to mention complaints by e-mail (email@example.com) with a foto relating the visual of the complaint. Thuisbloemist will reply within 2 days following the reception of the complaint. If a complaint requires a foreseeably longer processing time, the entrepreneur will provide an acknowledgement of receipt within 2 days and give an indication of when theconsumer can expect a more detailed reply.
Article 11 - Disputes
Only Dutch law shall apply to agreements between the Entrepreneur and the Consumer to which these General Conditions relate.
Article 12 – Privacy
Thuisbloemist regularly sends newsletters by e-mail. After placing an order, the consumer could choose to receive newsletters by e-mail. If the newsletters are no longer wanted, the consumer can always subscribe from the e-mail database.
Article 13 – Copyright
All materials on the website www.thuisbloemist.be is copyrighted. The use of photo material and plagiarism of texts is - without the written permission of Thuisbloemist - prohibited. Thuisbloemist reserves the right to modify these terms without notice.
These terms and conditions are applicable to private orders from private consumers.