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Allgemeinen Geschäftsbedingungen

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:

1. Retraction period: the term within which consumers can use their right to retract
2. Consumer:the natural person, not trading for purposes pertaining to their trading, company, craft or professional activities
3. 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
4. Right to retract: the consumer’s opportunity to retract from the distance contract within the retraction period
5. 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
6. 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
7. 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:

• mydutchflowers.com

De Ree Holland offers consumers products mainly consisting of flower bulbs, which can be purchased through the above website.

Location:
Royal De Ree Holland B.V.
Lisserbroekerweg 60
2165 BG Lisserbroek
The Netherlands

Contact details:
Telephone number (Monday to Friday 9:00 am to 5:00 pm): +31 (0) 252 417751
Email address: mail@deree-holland.nl
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

1. 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.
2. 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

1. The consumer has the opportunity to select and order products on/from mydutchflowers.com.
2. 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.
3. 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.
4. 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.
5. 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

1. The catalogue prices listed in the webshop at the time of ordering apply.
2. The prices listed in the offer include btw and shipping costs.
3. 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

1. 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.
2. 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

1. 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).
2. 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:
• 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.
3. 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.

Article 8 - Consumer obligations during the retraction period

1. 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.
2. 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

1. If the consumer wishes to exercise their right to retract, they should get in touch by emailing: info@mydutchflowers.com during the retraction period.
2. 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.
   Lisserbroekerweg 60
   2165 BG Lisserbroek
   The Netherlands
   
   
3. The risk and burden of proof for the correct and timely exercising of the right retract is lodged with the consumer.
4. 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

1. After receiving the report of retraction by the consumer, De Ree Holland will send a confirmation of receipt inside 3 days.
2. 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.
3. 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.
4. 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.
5. 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

1. 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.
2. 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.
3. 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

1. De Ree Holland will exercise the utmost care when receiving and executing product orders.
2. The delivery location is the address the consumer has made known to De Ree Holland.
3. 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.
4. After dissolution in accordance with the above, De Ree Holland will immediately reimburse the sum the consumer paid.
5. 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

1. 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.
2. 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

1. 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’.
2. 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

1. Comprehensive, clearly described complaints concerning the fulfilment of the contract should be submitted to De Ree Holland by emailing info@mydutchflowers.com expeditiously after the consumer has observed the issue they wish to complain about.
2. 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.
3. 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

1. 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.
2. 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.

Datenschutzerklärung

Privacy statement of My Dutch Flowers

Date: 1 april 2020

Introduction

My Dutch Flowers is part of Royal De Ree Holland B.V., the Netherlands’ leading bulb exporter since 1919. It is very important to My Dutch Flowers that your personal details are protected. We ensure that your personal details are handled in a confidential manner, in accordance with the applicable laws and regulations including the Algemene Verordening Gegevensbescherming [General Data Protection Regulation] or AVG.

This privacy statement applies to the use of our website and the accompanying services provided by My Dutch Flowers. This privacy statement describes which personal details we collect, what this data is used for and under which conditions this data may be shared with which third parties. We also explain how we store your data and protect it from abuse as well as which rights you have with regard to data processing.

Should you have any questions concerning our privacy statement please contact us using the details provided at the end of this privacy statement.

Legal basis

My Dutch Flowers processes personal details on the basis of one or more of the following legal bases:

• permission from the party involved;
• the processing is essential to safeguarding the justified interests of My Dutch Flowers;
• the processing is essential for the performance of a contract with the party involved;
• the processing is essential to meet My Dutch Flowers’ statutory obligations.

If processing is based on your permission, then you are entitled to withdraw this at any time (though not retroactively). To do so, contact us using the details provided at the end of this privacy statement.

Personal details

The AVG defines a personal detail as all information on the basis of which a person can easily be identified. My Dutch Flowers processes the following personal details for the purposes listed in this privacy statement:

• Name and address details;
• Email address;
• Bank details.

Purposes

My Dutch Flowers collects and processes the abovementioned personal details for predetermined, clearly defined purposes because this is necessary to:

• complete the order placed and fulfil the contract concluded;
• update you about the flower bulbs;
• answer questions about our products and services;
• invoice you;
• comply with a court order;
• conduct targeted marketing.

Provision of Data to Third Parties

My Dutch Flowers will only – if necessary – use third parties to perform its services and activities. If these third parties thereby gain access to your personal details we always implement suitable measures to ensure your details are sufficiently secured and are used solely for the intended purposes. These third parties are all sworn to confidentiality on the basis of agreements concluded with My Dutch Flowers or by means of an oath or statutory obligation.

We use the following third parties with whom we possibly share your personal details to perform our services and activities:

• Bureau aan Zee B.V.
  Our webshop was built using software developed and also hosted by Bureau Aan Zee B.V. (hereinafter to be referred to as Aan Zee) in Noordwijk, the Netherlands. Personal details you make available to us to enable the performance of our services are shared with this party. Aan Zee has access to your details in order to provide (technical) support. Aan Zee will never use your details for any other purpose. Aan Zee is obliged to implement suitable security measures on the basis of the processing agreement we have concluded with them. These security measures consist of implementing SSL encryption and a strong password policy. Aan Zee uses cookies to collect technical data with regard to your use of the software for analytic purposes. The cookies collect and/or store no personal details.
  
  
• MailChimp
  

  We correspond with you using MailChimp. The latter will not use your name and email address for its own purposes. At the bottom of every email automatically sent to you through our website there is an ‘unsubscribe’ link. Click the link if you no longer wish to receive our newsletter. MailChimp stores your personal details in a secure manner. MailChimp uses cookies and other internet technologies to provide insight into whether or not an email has been opened and read. MailChimp retains the right to use your details to further improve their service and may share information with third parties in this framework.

• MultiSafepay
  

  We use the MultiSafepay platform for (some of) the payments in our webshop. MultiSafepay processes your name and address as well as your payment details such as your bank account or credit card number. MultiSafepay has implemented suitable technical and organisational measures to safeguard your personal details. MultiSafepay retains the right to use your details to further improve their service and may share (anonymised) information with third parties within this framework. All the abovementioned safeguards with regard to the protection of your personal details also apply to those parts of MultiSafepay’s service that it uses third parties for. MultiSafepay does not store your details longer than statutorily permitted.

Retention periods

My Dutch Flowers stores personal details no longer than strictly necessary i.e. we store the details as long as this is necessary for the abovementioned purposes. Furthermore, there may be a justified interest in storing your details for longer or we may have to comply with statutory (retention) obligations.

Confidential handling of personal details

My Dutch Flowers has implemented suitable technical and organisational measures to protect the personal details you have provided from wrongful use.

These measures include:

• Secure network connections (SSL);
• Compulsory confidentiality for staff and third parties enforced through the signing of a non-disclosure agreement;
• Back-ups;
• Stringent password policy.

Despite My Dutch Flowers’ far reaching efforts it cannot provide an absolute guarantee for the measures that are intended to protect your personal details. If you get the impression that your details are not properly secured or there are indications that privacy may have been compromised, please contact us using the details provided at the end of this document.

Transfer outside Europe

Your personal details will only be stored or processed outside the European Union (EU) and the EEA by My Dutch Flowers or third parties engaged by My Dutch Flowers if this is in accordance with the pertinent legislation for the transfer of your personal details to countries outside the European Union. This means that we will only transfer your personal details outside the European Union if the European Commission decides the third country concerned safeguards a suitable level of protection or offers other safeguards such as an adequacy decision or the use of unmodified standard regulations with regard to data protection that have been approved by the European Commission.

Cookies

Please refer to our cookie policy on our website for all the information on the use of cookies: read information about cookies on this website.

Third Party Websites

This privacy statement does not apply to third party websites connected to this website by links. My Dutch Flowers cannot guarantee that these third parties process your personal details in a reliable or safe manner. My Dutch Flowers therefore recommends reading these websites’ privacy and cookie statements before using them.

Your rights

On the basis of the applicable Dutch and European legislation you – a stakeholder – have certain rights with regard to personal details processed by or on our behalf. Below we explain which rights this concerns and how you can avail yourself of them. In principle we only send transcripts and copies of your personal details to you at the email address we already have on record for you. In the event you wish to receive the data at another email address or, for instance, by post, you will be asked to provide valid identification. We retain files on completed requests. In the event of a right-to-be-forgotten request we administer the anonymised data. All transcripts and copies of data are provided in a machine readable format as used on our systems.

• Right of inspection
  

  You have the right to inspect the data we (have) processed pertaining to your person or which could lead back to you. You can make a request to us to this end. You will then receive a response to your request inside 30 days. If your request is approved, we will send you a (copy of an) overview of all the data as well as of the processors of this data, stating the category we have stored this data in, to the email address we have on record for you.

• Right of rectification
  

  You have the right to have the data we (have) processed and that pertains to or could lead back to your person modified. You can make a request to us to this end. You will then receive a response to your request inside 30 days. If your request is approved, we will send a confirmation that the data has been modified to the email address we have on record for you.

• Right to limitation of processing
  

  You have the right to limit the data we (have) processed that pertains to you or could lead back to you. You can make a request to us to this end. You will then receive a response to your request inside 30 days. If your request is approved, we will send you a confirmation that the data will no longer be processed to the email address we have on record for you, until you lift this limitation.

• Right to transferability
  

  You have the right to have the data we (have) processed pertaining to or which could lead back to your person carried out by another party. You can make a request to us to this end. You will then receive a response to your request inside 30 days. If your request is approved, we will send you transcripts or copies of all the data we have processed or had processed by other processors or third parties at our request to the email address we have on record for you. In all probability we will no longer be able to continue our services to you because the safe linking of data files can then no longer be guaranteed.

• Right to object and other rights
  

  You have the right to object to the processing of your personal details by My Dutch Flowers should this occur. If you object, we will stop processing these details awaiting the handling of your objection. If your objection is justified, we will make transcripts and/or copies of the details we (have) processed available to you, then permanently stop doing so. Moreover, you have the right to not be subjected to automated, individualised decision making or profiling. We do not process your data in such a way that this right applies. If you are of the opinion that this is nevertheless the case, please contact us.

Complaints

If you have a complaint about the processing of your personal details we will discuss this with you. You also have the right to submit a complaint about the incorrect processing of your personal details to the Autoriteit Persoonsgegevens [Dutch Data Protection Authority] on the basis of privacy legislation. For further information please contact the Autoriteit Persoonsgegevens.

Modification of the privacy statement

We retain the right to modify our privacy statement. However, this page will always display the most recent version. If any new privacy statement has consequences for the way in which we process data pertaining to you, we will inform you as such by email.

Contact details

If you have any questions or requests occasioned by this privacy statement or concerning your personal details, you can contact us at any time using the details provided below.

My Dutch Flowers
Lisserbroekerweg 60
2165 BG Lisserbroek
The Netherlands

Email address: privacy@mydutchflowers.com