Terms & Conditions
LeopoldFlora.com strives towards a clear and transparent policy, where the rights are of the consumer are clearly defined. If you have any questions or need clarification with regards to the terms & conditions, you are always welcome to contact us at any time.
Article 1 – Definitions:
For these terms and conditions, the following terms are used as follows:
- Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely.
- Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur
- Remote agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used
- Methods of distant communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having met simultaneously in the same room
- Cooldown period: the period within which the consumer can make use of his right of withdrawal
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-down period
- Day: calendar day
- Transaction duration: a distance contract relating to a range of products and/or services, the delivery and/or purchase obligation of which is spread over time
- Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of Entrepreneur
LeopoldFlora is part of Leopold House & Garden
4194 SK Meteren
Chamber of Commerce: 64957322
VAT number: NL855920890B01
IBAN: NL40 INGB 0009 2718 21
Telephone: +31(0) 345-622789
E-mail: [email protected]
Article 3 – Applicability
- These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur, and they will be sent free of charge as soon as possible at the request of the consumer.
- By way of derogation from the previous paragraph and before the distance contract is concluded, if the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge at the consumer's request by electronic means or otherwise.
Article 4 – The Offer
- If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Due to different colour schemes per monitor, the colours may vary slightly.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- The price including taxes;
- Any costs of delivery;
- The manner in which the agreement will be concluded and what actions are necessary for this purpose;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery or execution of the agreement;
- The period for accepting the offer, or the period for maintaining the price;
- The amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
- Whether the agreement is archived after its conclusion, and if so how it can be consulted by the consumer;
- The way in which the consumer can become aware of actions he does not want before concluding the contract, as well as the way in which he can restore it before the agreement is concluded;
Article 5 – The Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down therein.
- If the consumer has accepted the offer electronically, the entrepreneur immediately confirms by electronic means the receipt of the acceptance of the offer. 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 take appropriate security measures to this end.
- The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations and 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 request or to attach special conditions to the execution.
- The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. The information about existing service after purchase and warranties;
d. The data contained in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
Article 6 – Right of withdrawal on delivery of products
- When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons for fourteen days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
- If the consumer makes use of the right to dissolution or withdrawal, the consumer must return the product no later than fourteen days after the decision to withdraw.
- During this period, the consumer will handle the product and the packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer makes use of his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. It should be borne in mind that the product can be resold by the entrepreneur.
Article 7 – Cost in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs of returning the goods shall not exceed his account. The consumer is advised to send the return shipment by registered mail because the entrepreneur cannot be held responsible for the incorrect arrival of the return.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
- In order to prevent possible fraud with reimbursement, the account number (IBAN) provided by the consumer for reimbursement should be the same as the account number (IBAN) of which the payment was made.
Article 8 – Exclusion of the right of withdrawal
- If the consumer does not have a right of withdrawal, the entrepreneur can only be excluded if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- That have been created by the entrepreneur in accordance with the specifications of the consumer;
- Which are clearly personal in nature;
- Which by their nature cannot be returned;
- That are damaged, or used;
- That are not suitable for resale
Article 9 – The Price
- During the period of validity stated 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.
- By way of derogation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices quoted are target prices are stated in the offer.
- Price increases will only take place per calendar year, or unless the market gives rise to this.
- The prices mentioned in the offer of products or services include VAT.
Article 10 – Conformity and Guarantee
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
- An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert in respect of a shortcoming in the fulfilment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law and/or the distance contract.
Article 11 – Delivery and execution
- The entrepreneur will take the utmost care when receiving and executing orders for products. The entrepreneur will send the orders by registered mail.
- The place of delivery is the address that the consumer has made known to the company.
- Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than one month after he has placed the order. In that case, the consumer has the right to terminate the agreement at no cost.
- In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement article available. At the latest at the time of delivery, it will be reported in a clear and understandable manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are at the expense of the consumer.
- The risk of damage and/or loss of products rests until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur unless explicitly agreed otherwise.
Article 12 – Force majeure
- The entrepreneur is not liable if and insofar as its obligations cannot be fulfilled due to force majeure.
- Force majeure is understood to mean any foreign cause, as well as any circumstance, which should not reasonably be at its risk. Delays in the event of non-performance by our suppliers, disruptions to the Internet, disruptions in electricity, disruptions in e-mail traffic and malfunctions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and/or manufacturers of the entrepreneur as well as of auxiliaries, illness of personnel, defects in auxiliary or transport equipment, natural disasters, terrorist attacks are explicitly considered force majeure.
- In the event of force majeure, the Entrepreneur reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. Under no circumstances is the entrepreneur obliged to pay any fine or compensation.
- If the entrepreneur has already partially fulfilled its obligations upon the occurrence of force majeure, or can partially fulfil its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it were a separate agreement.
Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid when ordering the products via Ideal, Bankcontact/Mister Cash or bank transfer.
- Orders are only processed after the payment has been processed with the entrepreneur.
- The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
- In the event of suspicion of fraud and/or scams, the entrepreneur reserves the right to cancel orders at any time.
- If the entrepreneur has suspicion of fraud and/or scams and a payment has already been made by the consumer, it will be refunded within 30 days with a deduction of € 17.50 administration costs.
Article 14 – Protection of personal data
- All data of the consumer is stored confidentially and securely on the secure server of the entrepreneur. Entrepreneur complies with the Personal Data Protection Act (WBP).
- The Dutch Data Protection Board (CBP) personally ensures that personal data is used carefully and the privacy of the consumer.
- All consumer data is secured with SSL.
- The data provided by the consumer will only be used for processing an order and, insofar as the consumer has given permission for this, the newsletter. Data will not be passed on to other parties unless the authorities oblige the entrepreneur to do so.
Article 15 – Complaints procedure
- Complaints about the execution of the agreement must be submitted to the entrepreneur within 30 days after receipt of the order, fully and clearly described, after the consumer has found the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
- If a complaint is founded, the consumer has the possibility to exchange the product for an equivalent copy. A fee of the purchase amount is not possible after 14 days after receipt of the order or if article 8.2a to article 8.2e applies.
Article 16 – Intellectual Property
The buyer expressly acknowledges that all intellectual property rights of the displayed information, communications or other expressions with regard to the products and/or with regard to the internet site rest with LeopoldFlora.com, its suppliers or other rightsholders. The copyright applies to the web design, photos and videos used on this website. When finding an infringement, LeopoldFlora.com takes measures.
Article 17 – Links
The site of LeopoldFlora.com works with third parties as payment partners. Leopoldflora.com has no influence on the privacy policies of these third parties or their sites and is not responsible for them. However, the choice of partners was made deliberately to ensure privacy.
Article 18 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This includes the Purchase or Distance Act, which was amended on 13 June 2014.
Article 19 – Additional or different provisions.
The Entrepreneur reserves the right to supplement or amend these General Terms and Conditions if the circumstances give cause to do so. The general terms and conditions must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.