Terms and conditions

General Terms and Conditions Florafy

Table of Contents:

Article 1 Definitions
Article 2 Applicability
Article 3 Registration and Order
Article 4 The Agreement
Article 5 Right of Withdrawal
Article 6 Exercise of the Right of Withdrawal by the Consumer and Costs thereof
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 Website Security and Privacy
Article 15 - Other Provisions
Article 16 - Disputes, Applicable Law, Competent Court
Article 17 - Identity Florafy

Annex I: Model Withdrawal Form

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

General Terms and Conditions: the General Terms and Conditions of Florafy;
Cooling-off Period: the period within which the Customer can exercise the statutory Right of Withdrawal granted to him;
Order(s): an order registered on the Site in the name of the Customer of one or more Main Products and/or Products;
Day(s): calendar day;
Right of Withdrawal: the Customer's right to cancel the Agreement within the Cooling-off Period;
Main Product: flowers and plants that can be ordered by the Customer via the Site;
Customer(s): the natural and/or legal person who enters into an Agreement with Florafy via the Site;
Delivery: the delivery of a Shipment;
Model Form: the form that the Customer can use, among other things, to exercise the Right of Withdrawal;
Agreement: the agreement between Florafy and the Customer that is concluded by placing an order via the Site;
Product(s): products other than the Main Product that can be ordered by the Customer via the Site;
Site: www.green-bubble.com
Business Day(s): Monday through Friday, excluding public holidays as mentioned in Article 3 of the General Terms Act;
Shipment(s): an Order in packaging provided by Florafy.

Article 2 - Applicability

  1. These General Terms and Conditions apply to every offer from Florafy

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

  1. These General Terms and Conditions will be made available to the Customer by electronic means and in such a manner that the Customer can easily save them on a durable data carrier. If this is not reasonably possible, Florafy will, upon request from the Customer and before the Agreement is concluded, send the General Terms and Conditions as soon as possible free of charge.

Article 3 - Registration and Order

  1. The Customer may, but is not required to, register on the Site in the Customer database of Florafy. After registration, the Customer will be assigned an account that makes it easy for the Customer to view his data, Orders, and Deliveries at a later time. The Customer can also subscribe to receive a newsletter. Florafy
  2. If the Customer registers and is assigned an account, the Customer is responsible for the use made of his username and password. The Customer is responsible for the accuracy of the data in his account and is not permitted to allow others to use it.
  3. Placing an Order is done according to the procedure outlined below:

step 1: click 'Add to Cart' for the desired Main Product/Product;

step 2: then click 'Continue Shopping' if you wish 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 your shipping method and indicate your desired payment method, and finally check your order details and click 'Buy' if they are 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 is not the case, please contact customer service.

  1. To the extent that different or additional conditions apply to the ordering, delivery, and/or return of specific Main Products and/or Products offered via the Site, this will be explicitly indicated.
  2. If a Main Product/Product ordered by the Customer is out of stock, Florafy is entitled to cancel the Order or terminate the Agreement without being obligated to pay any compensation. In this case, Florafy will inform the Customer as soon as possible after the Order is placed.

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

Article 4 - The Agreement

  1. The Agreement is concluded as soon as the Order has been completed in accordance with the procedure as set out in Article 3, Section 3. Florafy immediately confirms the conclusion of the Agreement to the Customer by means of an order confirmation (email).
  2. Florafy reserves the right to refuse an Order for reasons on its part, or to impose further conditions. This may include the Customer's failure to meet his payment obligations or other circumstances that may affect the responsible conclusion of an Agreement via the Site.

Article 5 - Right of Withdrawal

For Main Products:

  1. The Customer cannot cancel an Agreement relating to the purchase of a Main Product, as Main Products are subject to deterioration.

For Products

  1. The Customer has the right to cancel the Agreement within 14 Days of receipt of the Product without giving any reason. This can be done by means of a corresponding electronic notification to Florafy.
  2. The cooling-off period mentioned in Section 2 begins on the day after the Customer, or a third party designated in advance by the Customer, who is not the carrier, receives the Product.
  3. During the period mentioned in the previous section, the Customer undertakes to handle the Product and packaging with care; if the Customer fails to do so, Florafy may claim any loss of value from the Customer. If a Customer wishes to exercise his Right of Withdrawal, he must return the Product with all supplied accessories and – if reasonably possible – in original condition and packaging, and this must be in accordance with any additional reasonable and clear instructions set by Florafy. Any loss of value of the Product due to the Customer's actions is at the Customer's expense.
  4. When the Customer exercises his Right of Withdrawal, the costs of return shipping of the Product shall be borne by the Customer at the most.
  5. When the Customer exercises his Right of Withdrawal, the order amount due will be refunded within 14 days of notification of the return, provided the Product has already been returned in good condition.
  6. In addition to the Main Products, the exclusion of the Right of Withdrawal shall also apply to Products for which this is explicitly stated in the offer or, in any case, before the Agreement is concluded.
  7. within 14 days of notification of the return you must return the items

Article 6 - Exercise of the Right of Withdrawal

  1. The Customer can exercise his Right of Withdrawal by notifying Florafy within the Cooling-off Period via info@green-bubble.com, with or without using the Model Form.
  2. After exercising the Right of Withdrawal, the Customer will return the Product as soon as possible, but no later than 14 Days after notification.
  3. The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal rests with the Customer.

Article 7 - Conformity and Warranty

  1. Florafy guarantees the conformity of the Main Product/Product in accordance with the product description as stated on the Site. If a specific warranty arrangement applies to Main Products/Products, this will be explicitly stated on the Site.
  2. 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

  1. Florafy is entitled to change the prices of offered Main Products and/or Products.
  2. The prices stated on the Site are in euros and include VAT.
  3. The Customer shall pay the amount owed to Florafy in connection with an Order using one of the payment methods permitted (or agreed) by Florafy, within the period set (or further agreed) by Florafy.
  4. In the case of payment by credit card, delivery will only take place after clearing of the order amount. This may take some time.
  5. If the Customer does not meet his payment obligation(s) on time, he is, after being reminded by Florafy and given a period of 14 days to still meet his payment obligations, liable for statutory interest on the amount still outstanding after the expiration of this period and Florafy is entitled to charge the out-of-court collection costs incurred.
  6. 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 an ownership reservation rests on it is entirely at the risk and expense of the Customer.

Article 9 - Delivery and Execution

  1. Florafy will exercise the utmost care in receiving and executing orders.
  2. Florafy will deliver the shipment(s) in the manner determined by it to the customer at the address communicated to Florafy by the customer.
  3. If delivery to the agreed address is not possible, Florafy will handle the shipment in accordance with the procedure applicable to the shipment and, if possible, inform the customer.
  4. Florafy will endeavor to execute the accepted orders with due diligence. If delivery is delayed or if an order cannot or only partially can be executed, the customer will be notified as soon as possible after placing the order. In that case, the customer has the right to cancel the agreement without charge.
  5. In case of termination in accordance with the previous section, Florafy will refund the amount paid by the customer as soon as possible, but no later than 30 days after termination.
  6. Florafy is under an obligation to meet the agreed delivery period. However, such a period is not binding and exceeding it does not entitle the Customer to claim damages.
  7. The risk of damage and/or loss of main products/products remains with Florafy until the moment of delivery to the customer, unless explicitly agreed otherwise.
  8. The customer is obliged to accept the shipment upon arrival at the address indicated by the customer.

  9. If delivery is not possible at the delivery address specified by the customer - for example due to an incorrect address, absence at delivery, or refusal of receipt without valid reason - Florafy reserves the right to charge the customer for the return costs incurred and any additional delivery costs. If the shipment is returned as a result, only the order value minus return costs will be refunded. A new delivery will only be scheduled after the additional costs have been paid in full.

Article 10 - Liability

  1. If the customer believes that Florafy has not properly performed the delivery of a Main Product/Product, he must notify Florafy of this within 7 Days after he has discovered the defect or reasonably could have discovered it by email, accompanied by evidence; if he fails to do so, he can no longer rely on the defect. The Customer is, except for special circumstances to be demonstrated by him, in any case deemed to be able to reasonably discover a defect from the moment he has received the Main Product/Product delivered by Florafy.
  2. If Florafy has failed to meet her Delivery obligations as referred to 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 her breach for direct damage, provided that this can be attributed to her. Any liability for indirect and/or consequential damage, including loss, lost profit, missed savings, reputational damage, and missed goodwill, is excluded.
  3. The extent of any liability of Florafy is always limited to the invoice value of the Main Product/Product delivered, through or in connection with which the liability arose.
  4. The limitation of the extent of liability described in Article 3 of this Article does not apply in case of intent or gross negligence of managers (and managing subordinates) of Florafy.

Article 11 - Force Majeure

Florafy is not obligated to perform any obligation under the Agreement if she is prevented from doing so due to a non-attributable failure. A non-attributable failure includes, among other things, the situation where Florafy is unable to meet her obligations to the Customer due to an attributable failure of third parties whose assistance Florafy uses in the execution of the Agreement and strikes.

Article 12 - Complaints

In case of questions and/or complaints regarding Product(s) from Florafy, the Customer should always contact Florafy Customer Service at https://www.green-bubble.com/nl/service/

If no solution can be reached together, the European Commission's ODR platform can be contacted at http://ec.europa.eu/odr. Complaints can also be filed with Webwinkelkeur as a dispute.

Article 13 - Intellectual Property

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

Article 14 - Website Security and Privacy

  1. Florafy undertakes to take the necessary technical and organizational measures to secure the electronic transmission of data and a secure web environment.
  2. Florafy places great value on the protection of the personal data of its Customers and has drawn up a Privacy Statement for www.green-bubble.com.

Article 15 - Other Provisions

  1. No rights can be derived from the information on this Site.
  2. Typographical errors and price changes are reserved.
  3. Florafy is entitled to modify these terms from time to time. The modified terms will apply as soon as they are published on the Site. If a Customer subsequently places an Order for a Main Product/Product as offered on the Site, he accepts the applicability of the modified terms. It is therefore advisable to consult these terms before placing an order for a Main Product/Product.
  4. If any provision of these General Terms and Conditions is null or void, the remaining provisions of these General Terms and Conditions will remain in full force and effect, and Florafy will include new provision(s) to replace the null or void provision(s), whereby the purpose and intent of the null or void provision(s) will be observed as much as possible.
  5. Florafy is entitled to engage third parties for the execution of the Agreement.

Article 16 - Disputes, Applicable Law, Competent Court

  1. In case of a dispute, the data recorded by Florafy are, subject to contrary evidence, decisive.
  2. Dutch law applies to all Agreements.
  3. Any disputes that cannot be resolved through consultation will be submitted to the competent court in The Hague by the party most interested.

Article 17 - Identity Florafy

www.green-bubble.com is a web shop of:

Florafy B.V. - Florafy

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 complete and return this form if you wish to cancel the agreement)

  • To:
    [ name entrepreneur]
    [ geographical address entrepreneur]
    [ fax number entrepreneur, if available]
    [ email address or electronic address of entrepreneur]
  • I/We* hereby notify you that I/we* cancel our agreement regarding

the sale of the following products: [product description]*
the provision of the following digital content: [digital content description]*
the provision of the following service: [service description]*,
cancel/cancels*

  • Ordered on*/Received on* [date of order for services or receipt for products]
  • [Name of consumer(s)]
    •[Address of consumer(s)]
    •[Signature of consumer(s)] (only when this form is submitted in writing)

* Delete what does not apply or fill in what applies.