General Terms and Conditions Florafy

Table of Contents:

Article 1 Definitions
Article 2 Applicability
Article 3 Registration and Ordering
Article 4 The Agreement
Article 5 Right of Withdrawal
Article 6 Exercise of the Right of Withdrawal by the Consumer and Costs
Article 7 Conformity & Warranty
Article 8 Price and Payment
Article 9 Delivery and Execution
Article 10 Liability
Article 11 Force Majeure
Article 12 Complaints
Article 13 Intellectual Property
Article 14 Site Security and Privacy
Article 15 - Miscellaneous
Article 16 - Disputes, applicable law, competent court
Article 17 - Identity of Florafy

Annex I: Model withdrawal form

Article 1 - Definitions
In these General Terms and Conditions, the following terms are understood as:

General Terms and Conditions: the General Terms and Conditions of Florafy;
Reflection Period: the period during which the Customer can exercise the statutory Right of Withdrawal;
Order(s): an order registered in the name of the Customer via the Site for one or more Main products and/or Products;
Day(s): calendar day;
Right of Withdrawal: the Customer's option to cancel the Agreement within the Reflection Period;
Main product: artificial plants and artificial flowers that can be ordered by the Customer via the Site;
Customer(s): the natural person and/or legal entity who enters into an Agreement with Florafy via the Site;
Delivery: the handing over of a Shipment;
Model form: the form the Customer can use, among other things, to exercise the Right of Withdrawal;
Agreement: the agreement between Florafy and the Customer concluded by ordering via the Site;
Product(s): products, other than the Main product, that can be ordered by the Customer via the Site;
Site: florafy.eu
Working day(s): Monday through Friday, excluding public holidays as mentioned in article 3 of the General Time Limits Act;
Shipment(s): an Order in packaging provided by Florafy.

Article 2 - Applicability

These General Terms and Conditions apply to every offer from Florafy

and on every Agreement concluded via the Site between Florafy and the Customer.

These General Terms and Conditions will be made available to the Customer electronically and in such a way that the Customer can easily save them on a durable data carrier. If this is not reasonably possible, Florafy will, at the Customer's request, send the General Terms and Conditions free of charge as soon as possible before the Agreement is concluded.

Article 3 - Registration and Ordering

The Customer can, but is not required to, register on the Site in Florafy’s Customer database. After registration, the Customer will be assigned an account, making it easy to view their details, Orders, and Deliveries at a later time. The Customer can also subscribe to receive a newsletter. Florafy
If the Customer registers and is assigned an account, the Customer is responsible for the use of their username and password. The Customer is responsible for the accuracy of the information in their account and is not allowed to let others use it.
Placing an Order is done according to the procedure outlined below:

Step 1: Click ‘Add to Cart’ on the desired Main Product/Product;

Step 2: Then click ‘Continue Shopping’ if you want to order more Main Products/Products. When you want to complete the order, click ‘Complete Order’;

Step 3: You will then be asked to enter your billing address, choose the shipping method, and select your preferred payment method, and finally check your order details and click ‘Buy’ if everything is correct.

Step 4: After completing the payment, the Order will be final.

Step 5: Within a few minutes, you will receive an order confirmation by email. If this does not happen, please contact customer service.

If different or additional conditions apply to ordering, delivering, and/or returning specific Main Products and/or Products offered via the Site, this will be explicitly communicated.
If a Main Product/Product ordered by the Customer is found to be out of stock, Florafy is entitled to cancel the Order or dissolve the Agreement without being liable for any compensation. In such cases, Florafy will inform the Customer as soon as possible after the Order.

The Customer has the right to cancel the Order before 3:00 PM on the day the Order was placed.

Article 4 - The Agreement

The Agreement is concluded as soon as the Order is completed in accordance with the procedure set out in article 3 paragraph 3. Florafy will promptly confirm the conclusion of the Agreement by sending an order confirmation (email) to the Customer.
Florafy reserves the right to refuse an Order for its own reasons or to impose additional conditions. This may include the Customer’s failure to meet payment obligations or other circumstances that could affect the responsible conclusion of an Agreement via the Site.

Article 5 - Right of Withdrawal

The Customer has the right to dissolve the Agreement within 14 Days after receipt of the Main Product and/or Product without giving reasons. Florafy’s artificial plants and flowers, unlike real plants, are not perishable; therefore, the Right of Withdrawal fully applies to all products. Withdrawal can be done via the online withdrawal form on the Site or by means of another unequivocal statement to Florafy.
The reflection period mentioned in paragraph 1 starts the day after the Customer, or a third party designated in advance by the Customer who is not the carrier, has received the Main Product and/or Product.
During the period mentioned in the previous paragraph, the Customer is obliged to handle the Main Product/Product and packaging carefully, failing which Florafy may recover any depreciation from the Customer. If a Customer wishes to exercise their Right of Withdrawal, they will return the Main Product/Product with all delivered accessories and - if reasonably possible - in original condition and packaging, in accordance with the reasonable and clear instructions set by Florafy. Any depreciation of the Main Product/Product caused by the Customer is at the Customer’s expense.
When the Customer exercises their Right of Withdrawal, the costs of return shipping are at most borne by the Customer.
When the Customer exercises their Right of Withdrawal, the owed order amount will be refunded within 14 days after notification of the return, provided the Main Product/Product has already been received back in good condition.
Exclusion of the Right of Withdrawal applies only to products exempted by law, such as custom-made or clearly personalized products, provided this is explicitly stated in the offer or at least before the conclusion of the Agreement.

Article 6 - Exercise of the Right of Withdrawal

The Customer can exercise their Right of Withdrawal by notifying within the Reflection Period via info@florafy.eu, whether or not by using the Model Form.
After exercising the Right of Withdrawal, the Customer shall return the Product as soon as possible, but no later than 14 Days after notification.
The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lies with the Customer.

Article 7 - Conformity and Warranty

Florafy guarantees the conformity of the Main Product/Product, in accordance with the product description as stated on the Site. If a specific warranty scheme applies to Main Products/Products, this will be explicitly stated on the Site.
The Customer can only invoke the warranty if the Customer uses the Main Product/Product carefully and in accordance with the manner indicated on the Site.

Article 8 - Price and Payment

Florafy is entitled to change the prices of offered main products and/or products.
The prices listed on the site are in euros and include VAT.
The customer will pay the amount owed to Florafy for an order using one of the payment methods accepted (or agreed) by Florafy, within the term set (or agreed) by Florafy.
For payment by credit card, delivery will only take place after clearing of the order amount. This may take some time.
If the customer does not meet their payment obligations on time, after being reminded by Florafy and given a period of 14 days to fulfill their payment obligations, the customer will owe statutory interest on the outstanding amount if payment is not made within this period, and Florafy is entitled to charge extrajudicial collection costs incurred.
Only after full payment by the customer of the amount due for an order will ownership of the main product/product transfer from Florafy to the customer. Damage and/or loss of the main product/product, while ownership reservation still applies, is entirely at the customer's expense and risk.

Article 9 - Delivery and execution

Florafy will exercise the greatest possible care when receiving and executing orders.
Florafy will deliver the shipment(s) to the customer in a manner determined by Florafy at the address provided by the customer.
If delivery at the agreed address proves impossible, Florafy will handle the shipment according to the applicable procedure and, if possible, inform the customer.
Florafy will strive to execute accepted orders with due speed. If delivery is delayed, or if an order cannot be fulfilled or only partially fulfilled, the customer will be informed as soon as possible after placing the order. In that case, the customer has the right to terminate the agreement without costs.
In case of termination in accordance with the previous paragraph, Florafy will refund the amount paid by the customer as soon as possible, but no later than 30 days after termination.
Florafy has an obligation to make efforts to meet the agreed delivery time. However, such a term is not fatal, and exceeding it does not entitle the customer to claim compensation.
The risk of damage and/or loss of main products/products rests with Florafy until the moment of delivery to the customer, unless expressly agreed otherwise.
The customer is obliged to accept the shipment upon arrival at the address specified by the customer.
If delivery is not possible at the address provided by the Customer—for example, due to an incorrect address, absence at delivery, or refusal to accept without valid reason—Florafy reserves the right to charge the Customer for the return costs and any additional delivery costs. If the shipment is returned as a result, only the order value minus the return costs will be refunded. A new delivery will only be scheduled after the additional costs have been fully paid.

Article 10 - Liability

If the Customer believes that Florafy has not properly fulfilled the Delivery of a Main Product/Product, they must notify Florafy by email within 7 days after discovering or reasonably being able to discover the defect, accompanied by evidence; otherwise, they can no longer rely on the defect. Except for special circumstances proven by the Customer, the Customer is deemed reasonably able to discover a defect from the moment they have received the Main Product/Product delivered by Florafy.
If Florafy has not fulfilled its Delivery Obligations as stated in these General Terms and Conditions, the Customer has acted in accordance with article 10.1 of these General Terms and Conditions, and the defect has not been remedied within a reasonable time, Florafy is liable for direct damage related to its shortcoming, provided it can be attributed to Florafy. Any liability for indirect and/or consequential damage, including loss suffered, lost profits, missed savings, reputational damage, and lost goodwill, is excluded.
Florafy's liability is always limited to the invoice value of the delivered Main Product/Product from which or in connection with which the liability arose.
The limitation of liability described in article paragraph 3 does not apply in cases of intent or deliberate recklessness by Florafy's management (and managerial subordinates).

Article 11 - Force Majeure

Florafy is not obliged to fulfill any obligation under the Agreement if prevented from doing so due to a non-attributable shortcoming. A non-attributable shortcoming includes situations where Florafy is unable to meet its obligations to the Customer due to a shortcoming attributable to third parties whose assistance Florafy uses in executing the Agreement, as well as strikes.

Article 12 - Complaints

In case of questions and/or complaints regarding Florafy's Product(s), the Customer should always contact the Florafy Customer Service via https://florafy.eu/pages/contact

If no solution can be reached together, contact can be made with the European Commission's ODR platform via http://ec.europa.eu/odr.

Article 13 - Intellectual Property

Unless explicitly agreed otherwise, the intellectual property rights (including copyrights) of all Main Products/Products made available to a Customer under an Agreement remain with Florafy and are not transferred to the Customer.

Article 14 - Site security and privacy

Florafy commits to taking the necessary technical and organizational measures to secure the electronic transfer of data and a safe web environment.
Florafy attaches great importance to the protection of its Customers' personal data and has drawn up a Privacy Statement for florafy.eu.

Article 15 - Miscellaneous

No rights can be derived from the information on this Site.
Typographical errors and price changes reserved.
Florafy is entitled to amend these terms and conditions from time to time. The amended terms will apply as soon as they are published on the Site. If a Customer subsequently places an Order for a Main Product/Product offered on the Site, they accept the applicability of the amended terms. It is therefore advisable to consult these terms before placing an order for a Main Product/Product.
If any provision of these General Terms and Conditions is null or voided, the remaining provisions shall remain fully in effect and Florafy will include one or more new provisions to replace the null or voided provision(s), taking into account the purpose and intent of the null or voided provision(s) as much as possible.
Florafy is entitled to engage third parties for the execution of the Agreement.

Article 16 - Disputes, applicable law, competent court

In case of a dispute, the data recorded by Florafy shall be decisive, unless proven otherwise.
All Agreements are governed by Dutch law.
Any disputes that cannot be resolved through consultation will be submitted by the most interested party to the competent court in The Hague.

Article 17 - Identity of Florafy

florafy.eu is an online store of:

Florafy B.V.

De Bruidsbogerd 3
2671 DK Naaldwijk

Email address: info@florafy.eu
Chamber of Commerce number: 88436594
VAT number: NL864625017B01

Annex I: Model withdrawal form

Model withdrawal form

(only fill in and return this form if you wish to withdraw from the agreement)

To:
[ naam ondernemer]
[ geografisch adres ondernemer]
[ faxnummer ondernemer, indien beschikbaar]
[ e-mailadres of elektronisch adres van ondernemer]
I/We* hereby inform you that I/we* withdraw our agreement concerning

the sale of the following products: [product description]*
the delivery of the following digital content: [digital content description]*
the performance of the following service: [service description]*,
withdraws/withdrawn*

Ordered on*/received on* [order date for services or receipt date for products]
[Naam consumenten(en)]
•[Adres consument(en)]
•[Consumer signature(s)] (only when this form is submitted on paper)

* Strike through what does not apply or fill in what does apply.