General Terms and conditions of My Dutch Flowers
Table of Contents
Article 1 Definitions
Article 2 De Ree Holland’s identity
Article 3 Applicability
Article 4 The range
Article 5 The price
Article 6 The contract
Article 7 Right to retract
Article 8 Consumer obligations during the retraction period
Article 9 Exercising the right to retract by the consumer and the attendant costs
Article 10 De Ree Holland’s obligations in the event of retraction
Article 11 Contract fulfilment and additional guarantee
Article 12 Delivery and execution
Article 13 Payment
Article 14 Liability
Article 15 Force majeure
Article 16 Data protection
Article 17 Complaints procedure
Article 18 Disputes
Article 19 Additional or deviant stipulations
Article 20 Modifications to the General Terms & Conditions
Article 1 - Definitions
In this General Terms & Conditions, the terms listed below are defined as follows:
- Retraction period: the term within which consumers can use their right to retract
- Consumer:the natural person, not trading for purposes pertaining to their trading, company, craft or professional activities
- Durable Data Carrier: every medium – including email – that enables Royal de Ree Holland B.V. consumers to store information personally addressed to them in a manner which enables future reference or use during a term attuned to the purpose for which the information is intended and which enables the unaltered reproduction of the information
- Right to retract: the consumer’s opportunity to retract from the distance contract within the retraction period
- Distance contract: a contract between Royal de Ree Holland B.V. and the consumer concluded in the framework of an organised system for the remote sales of products
- Product: the product or products that is or are to be delivered to the consumer within the term agreed as a result of the distance contact concluded between Royal de Ree Holland B.V. and the consumer and for which the consumer pays the price agreed
- Royal De Ree Holland B.V. (hereinafter to be referred to as: ‘De Ree Holland’): the legal entity remotely offering products to consumers.
Article 2 - De Ree Holland’s identity
De Ree Holland has been active in the development, packaging, distribution and export of flower bulbs for the retail trade since 1919. Among other things, the company operates a website with the following domain name for commercial purposes:
De Ree Holland offers consumers products mainly consisting of flower bulbs, which can be purchased through the above website.
Royal De Ree Holland B.V.
2165 BG Lisserbroek
Telephone number (Monday to Friday 9:00 am to 5:00 pm): +31 (0) 252 417751
Email address: firstname.lastname@example.org
Fax number: +31 (0) 252 411343
KvK [Dutch chamber of commerce] number: 34069612
Btw [Dutch VAT] identification number: NL 0094.86.860.B01
Article 3 - Applicability
- These General Terms & Conditions apply to every offering made by De Ree Holland on mydutchflowers.com and to every distance contract concluded between De Ree Holland and the consumer on mydutchflowers.com as well as the fulfilment of the distance contract.
- The text of these General Terms & Condition will electronically be made available to the consumer before the conclusion of the distance contract in such a way that these can easily be stored by the consumer on a durable data carrier. If this is not, in all fairness, an option, the consumer will be informed where they can peruse these General Terms & Conditions electronically before concluding the distance contract and that, upon the consumer’s request the latter will be sent to them free of charge either electronically or in some other way.
Article 4 - The range
- The consumer has the opportunity to select and order products on/from mydutchflowers.com.
- Every product has its individual product description on the website. The description is sufficiently detailed to enable the proper assessment of the range by the consumer. De Ree Holland is not liable for apparent mistakes or apparent mistakes in the range.
- The consumer can click the products desired on the website. These are then collected in a virtual shopping cart and, after placing their order, the consumer will receive an overview of the products stating a total price including btw and shipping costs.
- Preceding payment for the order, De Ree Holland gives consumers the opportunity to re-check their order, whether the order’s composition is correct, particularly as far as price and quantity are concerned and to, if necessary, correct the order.
- If an offer has a limited term of applicability or is provided subject to conditions, this will be emphatically stated in the offer.
Article 5 - The price
- The catalogue prices listed in the webshop at the time of ordering apply.
- The prices listed in the offer include btw and shipping costs.
- During the term of validity stated in the offer, the prices of the products on offer will not be raised with the exception of pricing changes resulting from changing btw rates.
Article 6 - The contract
- The contract is concluded, at no detriment to that stated under 2, when the consumer has completed an order and De Ree Holland has sent the consumer a conformation email.
- De Ree Holland can – within the statutory framework – assure itself that the consumer can meet their payment obligations as well as of all the facts and factors important to responsibly entering into a distance contract. If De Ree Holland, on the basis of the above, has good grounds to not enter into the contract, it is entitled to refuse an order or request as long as it motivates this or to attach special conditions to the fulfilment of the contract.
Article 7 - Right to retract
- The consumer can withdraw from a distance contract concerning the purchase of a product without stating reasons during a 14-day retraction period. De Ree Holland is entitled to ask the consumer why they have retracted the contract, but may not compel the latter to give their reason(s).
- The retraction period mentioned under 1 comes into effect the day after the consumer or a third party the consumer has appointed in advance, that is not the shipper, has received the product or:
The right to retract does not apply to contracts concerning the delivery of products that spoil quickly or have limited lifespans such as agricultural products.
- If the consumer has ordered multiple products as part of a single order: the day on which the consumer or a third party they have indicated, has received the final product. De Ree Holland may, as long as it clearly informs the consumer to this effect preceding the ordering process, refuse orders for multiple products with different delivery times.
- If the delivery of a product consists of various shipments: the day on which the consumer or a third party appointed by the latter has received the final shipment.
- For contracts concerning the regular delivery of products during a particular period: the day on which the consumer or a third party appointed by the latter received the first product.
Article 8 - Consumer obligations during the retraction period
- During the retraction period the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent required to ascertain the nature and characteristics of the product. The point of departure being that the consumer may only hold and inspect the product as they might be allowed to do in a shop.
- The consumer is only liable for the value reduction of the product that results from handling the product in a manner that goes beyond that described under 1.
Article 9 - Exercising the right to retract by the consumer and the attendant costs
- If the consumer wishes to exercise their right to retract, they should get in touch by emailing: email@example.com during the retraction period.
- The consumer should then return the product and all related accessories – if reasonably possible – in their original state and packaging, as soon as possible, yet within 14 days of the day following the contact as intended under 1 to De Ree Holland. The following address must be used:
Royal De Ree Holland B.V.
2165 BG Lisserbroek
- The risk and burden of proof for the correct and timely exercising of the right retract is lodged with the consumer.
- The consumer will contribute the direct costs of returning the product. The exact costs are listed on the shipper’s website.
Article 10 - De Ree Holland’s obligations in the event of retraction
- After receiving the report of retraction by the consumer, De Ree Holland will send a confirmation of receipt inside 3 days.
- De Ree Holland will reimburse the total of the order including any possible shipping costs for returning the product inside 14 days of the report of the return, if the product has already been returned in good order.
- For the reimbursement, De Ree Holland will use the same means of payment the consumer used, unless the consumer agrees to an alternate method. Reimbursement is free for the consumer.
- De Ree Holland can refuse to reimburse the consumer until all the products have been received or until the latter has provided proof that the products were returned, depending on which comes first.
- If the consumer opts for a more expensive shipment method than the cheapest standard shipment method, De Ree Holland does not have to reimburse the additional costs for the use of the more expensive method.
Article 11 - Contract fulfilment and additional guarantee
- De Ree Holland guarantees that the products are in line with the contract, the specifications listed in the offer, meet reasonable soundness and/or utility requirements and the existing statutory stipulations and/or government regulations on the date the contract came about.
- Additional guarantees provided by De Ree Holland, its supplier, manufacturer or importer never limit the statutory rights and claims the consumer can exercise vis-a-vis De Ree Holland on the basis of the contract, if De Ree Holland is found wanting in it adherence to its part of the contract.
- Additional guarantees are taken to mean any contract by De Ree Holland, its supplier, importer or manufacturer in which the party concerned assigns certain rights or claims to the consumer which go beyond the statutory obligations of said party in the event it has been found wanting with regard to its adherence to its part of the contract.
Article 12 - Delivery and execution
- De Ree Holland will exercise the utmost care when receiving and executing product orders.
- The delivery location is the address the consumer has made known to De Ree Holland.
- In as far as the products ordered can be supplied, De Ree Holland will fulfil accepted orders expeditiously, though inside 30 days at the very latest, unless a different delivery term has been agreed. If the delivery is delayed or if an order cannot or can only partially be fulfilled, the consumer will be informed as such 30 days after placing the order at the latest. The consumer then has the right to retract the contract at no extra cost.
- After dissolution in accordance with the above, De Ree Holland will immediately reimburse the sum the consumer paid.
- De Ree Holland bears the risk of damage and/or loss of products until delivery to the consumer, unless emphatically agreed otherwise.
Article 13 - Payment
- Immediately after the ordering process has been completed, De Ree Holland will send an order confirmation for the products ordered to the consumer by email. The prices in the webshop include btw and shipping costs. These are specified in the order confirmation. The consumer hereby relinquishes their right to a paper invoice.
- The payments are transacted securely using MultiSafepay which offers consumers multiple payment options.
Article 14 - Liability
De Ree Holland is never liable if the damage is attributable to intentional and/or gross negligence and/or culpable actions or inexpert and/or incorrect use of the product(s) supplied by the consumer.
Article 15 - Force majeure
- If force majeure means De Ree Holland is incapable of providing the performance agreed, it is – for the duration of the force majeure – absolved of its performance obligations. Force majeure is taken to mean ‘all outside causes the company has no influence on’.
- If force majeure means De Ree Holland is unable to fulfil an order or provide the products or deliver these for over one month, the consumer has the right to retract the contract.
Article 16 - Data protection
The way De Ree Holland processes consumer-provided personal details has been recorded in our privacy statement. This can be perused at: https://www.mydutchflowers.com/de/datenschutzerklarung.
Article 17 - Complaints procedure
- Comprehensive, clearly described complaints concerning the fulfilment of the contract should be submitted to De Ree Holland by emailing firstname.lastname@example.org expeditiously after the consumer has observed the issue they wish to complain about.
- De Ree Holland strives to answer complaints submitted inside 14 day of the date of receipt. If a complaint demands a predictably longer processing time, De Ree Holland will respond inside 14 days indicating receipt of the complaint and when the consumer may expect a more detailed response.
- The consumer must give De Ree Holland at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute may be said to have developed which is subject to the dispute settlement scheme.
Article 18 - Disputes
- The contracts between De Ree Holland and the consumer as well as the fulfilment thereof that these General Terms & Conditions pertain to are solely subject to Dutch law.
- The court of The Hague is exclusively authorised in the event disputes are submitted to an ordinary judge.
Article 19 - Additional or deviant stipulations
Additional and/or stipulations that deviate from these General Terms & Conditions may not adversely affect the consumer and must be recorded in writing in such a manner that these can be stored on a durable data carrier by the consumer in an accessible manner.
Article 20 - Modifications to the General Terms & Conditions
De Ree Holland retains the right to modify the General Terms & Conditions. Modifications to the latter will be published in accordance with the applicable legislation and regulations under the proviso that, in the event of suitable modifications during the offer’s term of validity, the stipulations most favourable to the consumer will prevail.