Voorwaarden

Terms and Conditions Kunstbloemenplus

Contents:

Definitions
Identity of the entrepreneur
Applicability
The offer
The agreement
Right of withdrawal
Obligations of the consumer during the reflection period
Exercise of the right of withdrawal by the consumer and costs thereof
Obligations of the entrepreneur in the event of withdrawal
Exclusion of the right of withdrawal
The price
Performance and additional warranty
Delivery and execution
Duration transactions: duration, termination, and extension
Payment
Complaints procedure
Disputes
Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement where the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur.
Reflection period: the period during which the consumer can exercise the right of withdrawal.
Consumer: a natural person not acting for purposes related to trade, business, craft, or profession.
Day: calendar day.
Digital content: data produced and supplied in digital form.
Continuing performance contract: a contract for the regular delivery of goods, services, and/or digital content over a specified period.
Durable data carrier: any tool, including email, that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future consultation or use during a period that matches the purpose for which the information is intended, and that allows unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the reflection period.
Entrepreneur: the natural or legal person offering products, (access to) digital content, and/or services to consumers at a distance.
Distance contract: a contract concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content, and/or services, whereby up to and including the moment of the contract's conclusion, exclusive use is made of one or more means of distance communication.
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions.
Means of distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time.

Article 2 - Identity of the entrepreneur

Kunstbloemenplus or Kunstbloemenplus.nl
Bovenkruier 37, 3738WB Maartensdijk
Phone: +3134 623 31 08 (weekdays 09:00 - 12:00)
Email: info@kunstbloemenplus.nl
Chamber of Commerce number: 72605561
VAT number: NL213921650B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before concluding the distance contract, how the general terms and conditions can be viewed and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, then, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before concluding the distance contract where the general terms and conditions can be viewed electronically and that they will be sent free of charge upon request either electronically or otherwise.
In cases where specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in case of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to them.

Article 4 - The offer

If an offer has a limited validity or is made under specific conditions, this will be explicitly mentioned in the offer.
The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the offered products, services, and/or digital content. Apparent errors or mistakes in the offer are not binding on the entrepreneur.
Every offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions thereby stipulated.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can, within legal frameworks, inform whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.
The entrepreneur will, at the latest upon delivery of the product, service, or digital content, provide the consumer with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier: a. the visiting address of the business location of the entrepreneur where the consumer can lodge complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about existing after-sales services and guarantees; d. the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance contract; e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite; f. if the consumer has a right of withdrawal, the model withdrawal form.
In 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: a. The consumer can dissolve a contract regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige them to state their reason(s). b. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
- if the consumer has ordered multiple products in one order: the day on which the consumer or a third party designated by them has received the last product. The entrepreneur may, provided they have informed the consumer prior to the ordering process in a clear manner, refuse an order of multiple products with different delivery times.
- if the delivery of a product consists of various shipments or parts: the day on which the consumer or a third party designated by them has received the last shipment or part.
- in agreements for regular delivery of products during a certain period: the day on which the consumer or a third party designated by them has received the first product.
For services and digital content that is not supplied on a tangible medium: a. The consumer can dissolve a service contract and a contract for the delivery of digital content that is not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige them to state their reason(s). b. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services, and digital content not provided on a tangible medium if not informed about the right of withdrawal: a. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period determined according to the previous paragraphs of this article. b. If the entrepreneur has provided the information referred to in the previous paragraph within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and the packaging with care. They will 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 only handle and inspect the product as they would be allowed to do in a shop.
The consumer is only liable for depreciation of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or upon the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises their right of withdrawal, they will report this to the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the reflection period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs, or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of returning the product.
If the consumer withdraws after first expressly requesting that the provision of a service or the supply of gas, water, or electricity not ready for sale commence in a limited volume or specified quantity during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
The consumer does not bear the costs for the performance of services or the supply of water, gas, or electricity not ready for sale in a limited volume or quantity, or for the supply of district heating, if: a. the entrepreneur has not provided the consumer with the legally required information about 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 the commencement of the performance of the service or supply of gas, water, electricity, or district heating during the reflection period.
The consumer does not bear the costs for the full or partial delivery of digital content not supplied on a tangible medium if: a. prior to delivery, they have not expressly agreed to commence fulfillment of the agreement before the end of the reflection period; b. they have not acknowledged losing their right of withdrawal when giving consent; or c. the entrepreneur has failed to confirm this statement by the consumer.
If the consumer exercises their right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, they will send an acknowledgment of receipt immediately after receipt of this notification.
The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to reimburse the consumer until they have received the product back or until the consumer demonstrates that they have returned the product, whichever is earlier.
The entrepreneur uses the same payment method that the consumer used for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in time before concluding the agreement:

Products or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction means a method of sale whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is present in person or has the possibility to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services;
Service agreements, after full performance of the service, but only if: a. the performance has begun with the consumer's prior express consent; and b. the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
Products made to consumer specifications, which are not prefabricated, and which are made on the basis of an individual choice or decision by the consumer, or that are clearly intended for a specific person;
Products that can spoil or age quickly;
Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
Products that are, after delivery, by their nature, inseparably mixed with other products;
Alcoholic beverages, the price of which has been agreed upon at the conclusion of the sale, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals, or magazines, with the exception of subscriptions to them;
The delivery of digital content other than on a tangible medium, but only if: a. the performance has begun with the consumer's prior express consent; and b. the consumer has declared that they thereby lose their right of withdrawal.

Article 11 - The price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur can offer products or services with variable prices whose rates are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: a. they result from legal regulations or provisions; or b. the consumer is authorized to terminate the agreement on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 12 - Performance and additional warranty

The entrepreneur 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 legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
By additional warranty is meant any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have failed to fulfill their part of the agreement.

Article 13 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be informed about this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without any costs and the right to possible compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur unless expressly agreed otherwise.

Article 14 - Duration transactions: duration, termination, and extension

Termination:

The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of at most one month.
The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite term, with due observance of the agreed termination rules and a notice period of at most one month.
The consumer can terminate the agreements mentioned in the previous paragraphs: a. at any time and not be limited to termination at a specific time or in a specific period; b. at least in the same way as they were entered into by them; c. always with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of at most one month.
An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of at most one month. The notice period is at most three months if the agreement extends to the regular delivery of daily, news, and weekly newspapers and magazines, but less than once a month.
An agreement with a limited duration for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in the general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not meet their payment obligation(s) on time, they are, after being reminded by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still meet their payment obligations, after failing to pay within this 14-day period, owe statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The entrepreneur can deviate from these amounts and percentages in favor of the consumer.

Article 16 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
The complaints submitted to the entrepreneur are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur responds within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur 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

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 18 - Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the consumer's detriment 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 data carrier.