Terms and Conditions Euroflorist Europe B.V.


General Terms and Conditions of Thuiswinkel (English)

Table of Contents:
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 – Obligations of the Consumer During the Reflection Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Related Costs
Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Performance and Additional Guarantee
Article 13 – Delivery and Execution
Article 14 – Long-Term Contracts: Duration, Termination and Renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Sector Guarantee
Article 19 – Additional or Deviating Provisions
Article 20 – Amendments to the Thuiswinkel General Terms and Conditions

 

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are delivered by the trader or by a third party based on an agreement between that third party and the trader;
  2. Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital form;
  6. Long-term contract: a contract for the regular supply of goods, services and/or digital content over a certain period of time;
  7. Durable medium: any tool – including email – that enables the consumer or trader to store information addressed personally to them, in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and that enables unchanged reproduction of the stored information;
  8. Right of withdrawal: the consumer’s right to withdraw from a distance contract within the cooling-off period;
  9. Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;
  10. Distance contract: a contract concluded between the trader and the consumer as part of an organised system for selling products, digital content and/or services at a distance, whereby up to and including the conclusion of the contract, only or also one or more means of distance communication are used;
  11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal in relation to their order;
  12. Means of distance communication: any method that can be used to conclude a contract without the consumer and the trader being physically present in the same space at the same time.

 

Article 2 – Identity of the Trader
Name of trader: Euroflorist Nederland B.V.
Trading under the name(s): Euroflorist
Business address: Hullenbergweg 250, 1101 BV Amsterdam
Chamber of Commerce number: 01062931
VAT number: NL 804902768 B 01

 

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall, prior to the conclusion of the distance contract, indicate how the general terms and conditions can be inspected at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the trader shall, before concluding the distance contract, indicate where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise to the consumer free of charge upon request.
  4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.

 

Article 4 – The Offer

  1. If an offer is subject to a limited period of validity or is made under certain conditions, this shall be explicitly stated in the offer.
  2. The offer shall contain a complete and accurate description of the products, digital content, and/or services offered. The description shall be sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the trader uses images, these must be a truthful representation of the products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the trader.
  3. Each offer shall contain such information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer.

 

Article 5 – The Agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set forth therein.
  2. If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer is able to pay electronically, the trader shall observe appropriate security measures for this purpose.
  4. The trader may, within the limits of the law, verify whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the trader has good reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to its performance, provided this decision is duly motivated.
  5. The trader shall provide the consumer, at the latest upon delivery of the product, service or digital content, with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
    a. the address of the trader's business premises where the consumer can lodge complaints;
    b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    c. information regarding guarantees and existing after-sales services;
    d. the total price including all taxes of the product, service or digital content; where applicable, delivery charges; and the method of payment, delivery or performance of the distance contract;
    e. the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration;
    f. if the consumer has a right of withdrawal, the model withdrawal form.
  6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

 

Article 6 – Right of Withdrawal

For products:

  1. The consumer may dissolve a contract relating to the purchase of a product within a cooling-off period of at least 14 days without stating any reason. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to provide it.
  2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
    a. if the consumer has ordered multiple products in a single order: the day on which the consumer, or a third party designated by them, has received the final product. The trader may, provided that they have clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times;
    b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the final shipment or the final part;
    c. for contracts involving regular delivery of products over a specific period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not delivered on a tangible medium:
3. The consumer may dissolve a service agreement and an agreement for the supply of digital content not delivered on a tangible medium within a period of at least 14 days without giving any reason. The trader may ask for the reason for withdrawal, but may not require it.
4. The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

Extended cooling-off period in the event of failure to inform about the right of withdrawal:
5. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period as determined in accordance with the previous paragraphs of this article.
6. If the trader provides the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.

 

Article 7 – Obligations of the Consumer During the Cooling-Off Period

  1. During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may handle and inspect the product only as they would be allowed to do in a physical store.
  2. The consumer is only liable for any diminished value of the product resulting from handling the product in a manner beyond what is permitted under paragraph 1.
  3. The consumer shall not be held liable for any reduction in the value of the product if the trader failed to provide all legally required information about the right of withdrawal before or at the time of concluding the contract.

 

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs

  1. If the consumer exercises their right of withdrawal, they shall notify the trader of this within the cooling-off period by means of the model withdrawal form or by making another clear and unambiguous statement.
  2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the trader (or an authorised representative of the trader). This obligation does not apply if the trader has offered to collect the product themselves. The consumer has observed the return period if the product is returned before the end of the cooling-off period.
  3. The consumer shall return the product together with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
  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 shall bear the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that they will bear the costs, then the consumer is not required to pay them.
  6. If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or quantity begin during the cooling-off period, the consumer shall pay the trader an amount proportional to that part of the obligation already fulfilled at the time of withdrawal, compared to the full performance of the obligation.
  7. The consumer shall not bear any costs for the performance of services or the supply of water, gas, or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
    a. the trader has failed to provide the legally required information concerning the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form; or
    b. the consumer has not expressly requested that the service or supply begin during the cooling-off period.
  8. The consumer shall not bear any costs for the full or partial supply of digital content not delivered on a tangible medium if:
    a. the consumer has not expressly agreed to commence performance of the contract before the end of the cooling-off period;
    b. the consumer has not acknowledged losing their right of withdrawal upon giving consent; or
    c. the trader has failed to confirm this declaration by the consumer.
  9. If the consumer exercises their right of withdrawal, all supplementary agreements shall be legally dissolved by operation of law.

 

Article 9 – Obligations of the Trader in Case of Withdrawal

  1. If the trader enables the consumer to notify withdrawal electronically, the trader shall promptly send an acknowledgment of receipt upon receiving such notification.
  2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and no later than 14 days following the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product themselves, they may withhold reimbursement until they have received the product or until the consumer has provided proof of having returned the product, whichever occurs first.
  3. The trader shall use the same means of payment for the reimbursement as was used by the consumer, unless the consumer agrees to a different method. The reimbursement shall be free of charge to the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the standard delivery offered by the trader, the trader shall not be obliged to reimburse the additional costs.

 

Article 10 – Exclusion of the Right of Withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this in the offer, or at least in good time before the conclusion of the contract:

  1. Products or services whose prices are subject to fluctuations in the financial market beyond the trader's control, and which may occur within the withdrawal period;
  2. Contracts concluded during a public auction. A public auction is defined as a method of sale in which products, digital content and/or services are offered by the trader to the consumer who is present in person or has the opportunity to be present in person at the auction, led by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service contracts, after full performance of the service, but only if:
    a. performance has begun with the consumer’s prior express consent; and
    b. the consumer has acknowledged that they lose their right of withdrawal once the trader has fully performed the contract;
  4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for the transport of persons;
  5. Service contracts for the provision of accommodation, where the contract provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
  6. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
  7. Products made to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
  8. Products that deteriorate rapidly or have a limited shelf life;
  9. Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
  10. Products that, by their nature, are irrevocably mixed with other items after delivery;
  11. Alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations beyond the trader's control;
  12. Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
  13. Newspapers, periodicals, or magazines, with the exception of subscriptions thereto;
  14. The supply of digital content not delivered on a tangible medium, but only if:
    a. the execution has started with the consumer’s prior express consent; and
    b. the consumer has acknowledged that they thereby lose their right of withdrawal.

Article 11 – The Price

  1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
  2. Contrary to the previous paragraph, the trader may offer products or services with prices subject to fluctuations in the financial market over which the trader has no control, at variable prices. This susceptibility to fluctuations and the fact that any prices quoted are target prices shall be 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 trader has stipulated this and:
    a. they result from statutory regulations or provisions; or
    b. the consumer has the right to terminate the agreement effective from the date on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

 

Article 12 – Performance of the Agreement and Additional Guarantee

  1. The trader 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 government regulations existing on the date of conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
  2. An additional guarantee provided by the trader, their supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer may assert against the trader based on the agreement if the trader has failed to fulfil their part of the agreement.
  3. An additional guarantee means any commitment by the trader, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what is legally required if they fail to fulfil their part of the agreement.

 

Article 13 – Delivery and Execution

  1. The trader shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery shall be the address that the consumer has made known to the trader.
  3. With due observance of the provisions of Article 4 of these general terms and conditions, the trader shall execute accepted orders promptly but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
  4. Following dissolution in accordance with the previous paragraph, the trader shall promptly refund the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated by the consumer and made known to the trader, unless expressly agreed otherwise.

 

Article 14 – Long-Term Contracts: Duration, Termination and Renewal

Termination:

  1. The consumer may terminate a contract concluded for an indefinite period and which provides for the regular delivery of products (including electricity) or services, at any time, subject to the applicable termination rules and a notice period of no more than one month.
  2. The consumer may terminate a contract concluded for a definite period and which provides for the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the applicable termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements referred to in the preceding paragraphs:
    • at any time and not be limited to termination at a specific time or during a specific period;
    • at least in the same manner as they were entered into by the consumer;
    • always with the same notice period as the trader has stipulated for themselves.

Renewal:
4. A contract concluded for a definite period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
5. Contrary to the previous paragraph, a contract concluded for a definite period for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a maximum duration of three months, if the consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.
6. A contract concluded for a definite period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period shall not exceed three months in the event the contract concerns the regular, but less than monthly, delivery of daily or weekly newspapers and magazines.
7. A fixed-term contract for the regular supply of newspapers and magazines by way of a trial or introductory subscription shall not be automatically renewed and shall terminate automatically at the end of the trial or introductory period.

Duration:
8. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise before the end of the agreed duration.

 

Article 15 – Payment

  1. Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or if no cooling-off period applies, within 14 days after the conclusion of the contract. In the case of a service contract, this period begins on the day after the consumer receives the confirmation of the contract.
  2. In the case of the sale of products to consumers, the consumer may never be required to make an advance payment of more than 50% in the general terms and conditions. Where advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
  3. The consumer has an obligation to report any inaccuracies in the provided or stated payment details to the trader without delay.
  4. If the consumer fails to meet their payment obligation(s) on time, and after being reminded by the trader of the late payment and having been granted a period of 14 days to still fulfil their payment obligations, the consumer shall owe statutory interest on the outstanding amount after the 14-day period. The trader is also entitled to charge the extrajudicial collection costs incurred. These collection costs shall not exceed: 15% of outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in favor of the consumer.

 

Article 16 – Complaints Procedure

  1. The trader shall have a sufficiently publicised complaints procedure in place and shall handle complaints in accordance with this procedure.
  2. Complaints regarding the performance of the agreement must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader shall reply within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
  4. A complaint regarding a product, service or the service provided by the trader may also be submitted via the complaints form available on the consumer page of the website www.thuiswinkel.org. The complaint will then be forwarded both to the trader in question and to Thuiswinkel.org.
  5. The consumer must give the trader at least four weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

 

Article 17 – Disputes

  1. Contracts between the trader and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law. If the trader directs their commercial activities to the consumer’s country of residence, the consumer may also invoke the mandatory consumer protection rules of their own country.
  2. Disputes between the consumer and the trader regarding the formation or performance of agreements for products and services supplied or to be supplied by the trader may, subject to the following provisions, be submitted by either the consumer or the trader to the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP The Hague (www.sgc.nl).
  3. A dispute will only be taken into consideration by the Disputes Committee if the consumer has first submitted their complaint to the trader within a reasonable period.
  4. If the complaint does not result in a solution, the dispute must be submitted to the Disputes Committee no later than 12 months after the date on which the consumer submitted the complaint to the trader, in writing or in another form determined by the Committee.
  5. If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. Preferably, the consumer should first notify the trader.
  6. If the trader wishes to submit a dispute to the Disputes Committee, the consumer must state within five weeks of a written request from the trader whether they also wish this or prefer the dispute to be dealt with by the competent court. If the trader does not receive the consumer’s response within five weeks, the trader is entitled to submit the dispute to the competent court.
  7. The Disputes Committee shall deliver a decision in accordance with the rules laid down in its regulations (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee shall be binding.
  8. The Disputes Committee will not deal with a dispute or will discontinue its consideration if the trader has been granted a suspension of payment, has been declared bankrupt, or has effectively ceased its business activities before the dispute is heard and a final decision is issued.
  9. If, in addition to the Thuiswinkel Disputes Committee, another recognised or affiliated disputes committee with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee shall have preferred jurisdiction for disputes mainly concerning distance selling or service provision. For all other disputes, the other recognised committee affiliated with SGC or Kifid shall be competent.

 

Article 18 – Sector Guarantee

  1. Thuiswinkel.org guarantees the enforcement of binding decisions of the Thuiswinkel Disputes Committee by its members, unless the member decides to submit the binding decision to the court for review within two months of its issuance. This guarantee revives if the decision is upheld following judicial review and the resulting judgment becomes final. Thuiswinkel.org shall pay the consumer an amount of up to €10,000 per binding decision. For amounts exceeding €10,000, Thuiswinkel.org shall pay €10,000, and it has a best-efforts obligation to ensure that the member fulfils the binding decision for the remainder.
  2. In order to invoke this guarantee, the consumer must submit a written request to Thuiswinkel.org and transfer their claim against the trader to Thuiswinkel.org. If the consumer’s claim exceeds €10,000, they will be offered the option to transfer the claim in excess of that amount to Thuiswinkel.org, which will then pursue collection in its own name and at its own expense on behalf of the consumer.

 

Article 19 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

 

Article 20 – Amendments to the Thuiswinkel General Terms and Conditions

  1. Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, with the provision that in the event of applicable changes during the term of an offer, the most favourable provision for the consumer shall prevail.

 

Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
P.O. Box 7001, 6710 CB Ede