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General Terms And Conditions

 

 

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General Delivery Terms Flowers

1 July 2011

General terms and conditions of delivery GetFlowers 2

General Terms And Conditions Of Delivery GetFlowers

Article 1 Definitions

In these conditions the following terms have the following meaning:

Buyer: the natural person or legal person who, with a GetFlowers

supply agreement is going to.

Supply Agreement: the agreement between GetFlowers and the customer on the basis of which

GetFlowers to the buyer provides the right for a certain period, against a

pre-agreed price, with a certain frequency cut flowers delivered to get.

GetFlowers: the legal person GetFlowers, registered at the Chamber of Commerce in

Lead under number 50668552. Atjehstraat 2315CN GetFlowers, 45.

Flowers service: GetFlowers by the purchaser delivered product and/or service (delivering

of cut flowers), established under the specific in the supply agreement

conditions and the general terms and conditions of delivery.

General Delivery Conditions: the conditions contained in the below

and provisions that apply to all supply agreements between

Buyer and Getflowers

Article 2 Applicability

1. The general terms and conditions apply to all supply agreements

between the customer and GetFlowers, regardless of whether the flowers service oral or

concluded in writing. With the shutdown of the flowers service explains the recipient

agreement with these conditions.

2. The content of these general terms and conditions of delivery can only by means of a

written agreement between GetFlowers and the customer may be waived. In such a

case, the provisions of the General conditions of delivery which is not explicitly

waived in full force and effect.

3. These general terms of delivery are available for inspection for the buyer and

will be sent on request. General delivery conditions are also via

to consult via internet www.get-flowers.eu.

4. GetFlowers reserves the right for these General delivery terms

to adapt. The alteration must be introduced as soon as possible, published on

www.get-flowers.eu. The amended general terms and conditions of delivery from the date of

entry into force apply to all existing and future supply agreements,

even if this before the change of the general terms of delivery are closed.

5. If one or more provisions of these general terms of delivery contrary

prove to be with provisions of imperative law, the corresponding provision replaced

General terms and conditions of delivery GetFlowers 3

by a legally permissible provision that most closely matches the intent of the

lapse provision.

Article 3 Establishment supply agreement

1. all offers made are without engagement and GetFlowers of subject

availability.

2. The supply agreement can both in writing, by telephone, electronically and in

presence of a representative of GetFlowers and the customer will be closed.

3. Is the creation of a supply agreement in writing or by GetFlowers

confirmed purchaser electronically. The confirmation includes a description of

the chosen Flowers service and the contact details of the customer service of Getflowers.

4. customer may not derive rights from an automatically sent order confirmation.

5. GetFlowers is entitled, if necessary, without giving any reason, to refuse an order,

or additional conditions to closing to the supply agreement

connect.

6. the delivery agreement comes up at all times under the resolutory condition

Customer accepts the order of not GetFlowers that. If an order is not

accepted, GetFlowers will this within ten (10) working days after receipt of the order

inform the purchaser in writing or via email.

Article 4 addressing

1. the purchaser is obliged upon acquisition of the supply agreement proper (address)

information. Changes and/or inaccuracies in this data, including

both delivery if billing address, to timely serve GetFlowers to be reported.

2. implementation of the supply agreement, and all the supply agreement

communications and notices relating to the Customer takes place by

specified address.

3. in order to ensure an efficient delivery, the delivery address of the

Customer visibility to be situated in the geographical area where GetFlowers is active. If this

not the case GetFlowers can invoke article 3 (paragraph 5) or (6) of these General

Delivery Terms.

4. GetFlowers reserves the right to the supply agreement

dissolve, if in the view of GetFlowers, the delivery address of Buyer leads to a

inefficient delivery.

General terms and conditions of delivery GetFlowers 4

Article 5 prices and payment

1. all prices are in euros, excluding VAT, other taxes or levies, and

excluding postage, unless otherwise stated or agreed in writing.

2. GetFlowers expressly reserves the right of prices offered

To modify products and/or services, including on the basis of annual inflation indexation

And in particular when that, on the basis of (legal) regulations

Is necessary. GetFlowers are required to communicate to the buyer in a timely manner the rate changes,

This can be either orally, in writing if via email. The amended rate is from the

Next pay period applies to all current supply agreements.

3. If a listing has a limited validity period will the price during that

Term not be changed unless due to a change in the VAT rate.

3. the offered payment methods can, depending on how the

Delivery agreement is reached, differences. If a certain mode of payment

Fee, this is clearly indicated.

4. payment must take place directly in the web shop.

5. correcting It by a GetFlowers (automatic) cashed amount does not relieve Buyer

not of his payment obligation.

6. If Customer is in default with a payment, is entitled GetFlowers (the

implementation of) the relevant supply agreement to suspend or dissolve.

7. a payment term is exceeded, the customer is in default by operation of law and he is

the statutory interest from the due date, calculated over the outstanding amount owed,

where a portion of the month is counted as the entire month. Moreover,

GetFlowers entitled to set up a direct debit procedure. The overhead of the

entirity of the amount due, both inside and outside straight, are for the account of

Recipient, whereby the extrajudicial costs at least 15% of the principal

amounts plus interest, with a minimum of € 125,-(euros).

8. Complaints regarding invoices must within 10 hours after receipt

the Bill to be sent to GetFlowers.

Article 6 Delivery

1. GetFlowers will work throughout the duration of the supply agreement for

a timely delivery of the flowers service.

2. GetFlowers is entitled to discontinue the provision of the service Flowers if timely payment

as mentioned in article 5 of these general terms of delivery. If the location

When the delivery should take place gives rise to create extra costs, is

GetFlowers entitled to charge these costs to the customer.

General terms and conditions of delivery GetFlowers 5

3. In connection with an efficient delivery, the cut flowers on a fixed day in the

week delivered. Fixed the deliveryday for the specified in the supply agreement

delivery address communicated during entering into this agreement, or in

the order confirmation. On holidays or in a situation of force majeure, such as

referred to in article 11 may deviate from this fixed GetFlowers and deliveryday on another day

in the week.

4. complaints about the delivery of the flowers should be created to service

Getflowers customer service. If the flowers are not or not properly delivered,

This should be fixed within a day after the deliveryday to be reported. GetFlowers will

still the flowers as soon as possible, then make an effort and in any case within 2

working days after delivery. No extra costs for this are afterdelivery Buyer

connected.

5. complaints regarding delivery of the flowers give customer the right service

the payment of the price structure agreed to suspend in whole or in part.

6. GetFlowers is not liable for any damage which the customer suffers through the often than

not timely deliver the Flowers service.

7. Customer has no right to a refund of (a part of) the tariff payable if the

Flowers service during one or more days by not GetFlowers is supplied as

result of a force majeure situation persists, as referred to in article 11, that impossible delivery

create.

Article 7 content and size Flowers service

1. discretion is entitled to GetFlowers the size, content and form of the

Flowers service change.

2. in case of GetFlowers there will be changes as referred to in paragraph 1 to ensure that the

qualitatively and quantitatively on Flowers service in reasonable relation

the remains of those tariff.

Article 8 term and termination of the supply agreement

1. a supply agreement is concluded for an indefinite period of time and may, at any

time to be terminated, without notice.

2. termination of a supply agreement should preferably electronically

( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ), or by telephone, by ordinary or registered mail to

come to pass. Will GetFlowers upon receipt of the termination in writing or electronically

confirm that the supply agreement is terminated with an indication of the

final end date of the supply agreement.

3. If buyer, for whatever reason, do not wish to take off a product, he has the

right the supply agreement to dissolve within a period of 1 hour.

General terms and conditions of delivery GetFlowers 6

Article 9 temporary cessation

1. customer may in connection with absence requests for a temporary cessation of

Flowers delivery service. Such a request must be GetFlowers timely

oriented. Can GetFlowers in connection with such a request administration costs to the customer

charging and is furthermore entitled to set other conditions to the temporary

discontinuation, such as a minimum duration. Conditions for the temporary cessation of

Flowers service are listed on www.get-flowers.eu. In case of temporary cessation of

the customer has the choice between the delivery temporarily let delivering the flowers on

another address (if this address falls within the geographical area in which active GetFlowers

full stop of the flowers is) or the service. Not by temporary cessation

be settled in the delivered flowers to pay rate.

Article 10 Communications

1. GetFlowers is not liable for inaccuracies, delays, or not properly

orders and notices of Buyer to GetFlowers, unless there is

of intent or gross negligence on the side of Getflowers.

Article 11 force majeure

1. If on the side of a case of force majeure GetFlowers has the right to

to suspend execution of the supply agreement as long as this situation continues then

well, depending on the choice of GetFlowers, the supply agreement in whole or in part,

dissolve. Of force majeure, in any case, is there in case of deficit shoot through

suppliers or other relations of GetFlowers, strike, (unforeseen)

Government measures, (concrete threat to) terrorist attacks or war, fire,

natural disasters, the failure of primary assets (without GetFlowers negligent

in maintenance), hitting incapacitated staff, as well as any other situation

running GetFlowers no decisive control.

2. If the situation of force majeure on the side of GetFlowers longer than two months

Buyer has the right continues, the supply agreement in whole or in part,

dissolve.

3. In case of force majeure is not held to reimbursement of any costs or GetFlowers

damage to customer.

Article 12 Privacy

1. at the time of conclusion of the supply agreement GetFlowers collects personal data of

the buyer, in order to implement the supply agreement. All the

use of the information provided by customers shall be effected in accordance with the law

Protection Of Personal Data.

2. the data of the buyer are not without its express permission

third parties, unless that for the implementation of the supply agreement is necessary.

General terms and conditions of delivery GetFlowers 7

Article 13 Rights

1. all intellectual property rights in respect of the website and/or promotional material

of GetFlowers, including the copyrights, database rights and trademark rights,

are owned by GetFlowers and/or its supplier (s).

2. the customer is not allowed the name, contents and/or appearance of the website and/or

GetFlowers promotional material in any manner whatsoever reproduce, store

And/or disclose, unless with the prior consent of Getflowers.

Article 14 applicable law and competent court

1. On the supply agreement and these terms is exclusively Dutch law of

application.

2. In the case of disputes relating to the supply agreement and/or the General

These delivery terms shall be exclusively submitted to the competent court

Leiden.

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