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Gerneral terms and conditions of LeopoldFlora.com
LeopoldFlora.com strives to pursue a clear and transparent policy in which the rights of the buyer are clearly defined.
If you have any questions or comments about the general terms and conditions, you can contact us at any time.
Article 1 - Definitions
For the purposes of these terms and conditions:
1. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. 3. Distance contract: 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, exclusive use is made of one or more means of distance communication;
4. Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and the entrepreneur coming together in the same room at the same time;
5. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the Consumer to waive the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration of transaction: a distance contract relating to a series of products and / or services, of which the supply and / or purchase obligation is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the 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 number: +31(0) 345-622789
E-mail: [email protected]
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general 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 at the entrepreneur and they will be sent to the consumer free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur makes use of images, these are a faithful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. In connection with different colors per monitor, the colors may vary slightly
4. 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;
-The possible costs of delivery;
-The manner in which the agreement will be concluded and what actions are necessary;
-whether or not the right of withdrawal is applicable;
-The manner of payment, delivery or execution of the agreement;
-the period for acceptance of the offer, or the period for observing the price;
-The amount of the rate 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 contract will be 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 wish to take before the conclusion of the contract, as well as the way in which he can rectify these actions before the contract is concluded;
Article 5 - The contract
1. The agreement shall, subject to the provisions of paragraph 4, be concluded when the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
3. If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may - within the limits of the law - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
5. The Entrepreneur will include the following information with the product or service to the Consumer, in writing or in such a way that the Consumer can store it in an accessible manner on a durable medium:
a. The visiting address of the establishment 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 about being excluded from the right of withdrawal;
c. The information about existing after-sales service and guarantees;
d. The data included in article 4 paragraph 3 of these conditions, unless the Entrepreneur has already provided the Consumer with these data prior to the execution of the contract;
Article 6 - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of fourteen days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
2. If the consumer makes use of the right of dissolution or withdrawal, the consumer must return the product no later than fourteen days after the decision to withdraw.
2. During this period, the consumer will handle the product and 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 exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. It should be noted that the product can be resold by the entrepreneur.
Article 7 - Costs in case of revocation
1. If the consumer exercises his right of withdrawal, he shall bear at most the costs of returning the goods. The consumer is advised to send the return shipment by registered mail, because the entrepreneur cannot be held responsible for the (correct) arrival of the return shipment.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 30 days after the return or withdrawal.
3. In order to prevent possible fraudulent repayment, the account number (IBAN) that the consumer specifies for repayment should be equal to the account number (IBAN) from which the payment was made.
Article 8 - Exclusion of the right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur entrepreneur submitted clearly in the offer, at least in good time before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a) That have been brought about by the entrepreneur in accordance with the consumer's specifications;
b)That are clearly personal in nature;
c) Which cannot be returned due to their nature;
(d) that are damaged, or have been used;
(e) unsuitable for resale
Article 9 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This obligation to fluctuate and the fact that any prices quoted are target prices, will be stated in the offer.
3. Price increases will only take place per calendar year, or unless the market gives reason to do so.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations.
2. An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer may assert against the entrepreneur in respect of a shortcoming in the performance of the obligations of the entrepreneur under the law and / or the remote agreement.
Article 11 - Delivery and implementation
1. The entrepreneur will take the greatest possible care in receiving and processing orders for products. In doing so, the entrepreneur will send the orders by registered mail.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be carried out, the consumer will receive notification of this no later than one month after the order was placed. In that case, the consumer has the right to dissolve the contract free of charge.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the consumer.
6. The risk of damage and / or loss of products rests until the moment of delivery to the consumer or a previously appointed and made known to the entrepreneur representative, unless expressly agreed otherwise.
Article 12 - Force majeure
1. The Entrepreneur shall not be liable if and in so far as its obligations cannot be met as a result of force majeure.
2. Force majeure shall be understood to mean any strange cause, as well as any circumstance that should not reasonably be at its risk. Delays in the event of non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions 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 auxiliary persons, staff illness, defects in auxiliary or transport equipment, natural disasters, terrorist attacks are expressly considered as force majeure.
3. In the event of force majeure, the entrepreneur retains the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the contents of the agreement be changed in such a way that implementation remains possible. Under no circumstances is the Entrepreneur obliged to pay any fine or compensation.
4. If the entrepreneur has already partially fulfilled its obligations when the force majeure occurs, or can only 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
1. Unless agreed otherwise, the amounts owed by the consumer must be paid when ordering the products via Ideal, Bankcontact/Mister Cash or bank transfer.
2. Orders will only be processed after the payment has been processed at the entrepreneur.
3 The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
4. In case of suspicion of fraud and/or fraud, the entrepreneur reserves the right to cancel orders at any time.
5. If the trader suspects fraud and/or fraud and a payment has already been made by the consumer, this will be refunded within 30 days with a deduction of € 17.50 administration costs.
Article 14 - Protection of personal data
1. All data of the consumer will be confidentially and securely stored on the secure server of the entrepreneur. Entrepreneur complies with the Personal Data Protection Act (WBP).
2. The Dutch Data Protection Authority (College Bescherming Persoonsgegevens, CBP) personally sees to it that personal data is used carefully and that the privacy of the consumer is protected.
3.All consumer data is secured with SSL.
4. The information provided by the consumer will only be used to process an order and, if the consumer has given permission, the newsletter. Data will not be passed on to other parties, unless the authorities oblige the entrepreneur.
Article 15 - Complaints procedure
1. Complaints about the implementation of the agreement must be submitted to the entrepreneur within 30 days after receipt of the order, complete and clearly described, after the consumer has found the defects
2. 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.
3. If a complaint is found to be well-founded, the consumer has the option of exchanging the product for an equivalent one. A compensation of the purchase amount is not possible after 14 days after receipt of the order or if article 8.2a up to and including article 8.2e is applicable.
Article 16 Intellectual property.
The Purchaser expressly acknowledges that all intellectual property rights in respect of the information, communications or other expressions displayed in relation to the products and/or in relation to the Internet site rest with LeopoldFlora.com, its suppliers or other entitled parties. The web design, photos and videos used on this website are subject to copyright. When an infringement is detected, LeopoldFlora.com takes measures.
However, the choice of partners has been made consciously in order to safeguard privacy.
Article 18 - Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law. This includes the amended law as of 13 June 2014 on purchase or distance selling.
Article 19- Additional or different provisions
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 they can be stored by the consumer in an accessible manner on a durable data carrier.
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