Terms and conditions

Article 6 - Right of Withdrawal
Article 7 - Obligations of the Consumer During the Reflection Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
Article 9 - Obligations of the Entrepreneur in Case of Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Performance and Additional Warranty
Article 13 - Delivery and Execution
Article 14 - Duration Transactions: Duration, Termination, and Extension
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Deviating Provisions
Article 19 - Amendment of the General Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

• Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are provided by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
• Reflection period: the period during which the consumer can exercise their right of withdrawal;
• Consumer: the natural person who does not act for purposes related to their trade, business, craft, or professional activity;
• Day: calendar day;
• Digital content: data produced and supplied in digital form;
• Continuous contract: a contract that entails the regular delivery of goods, services, and/or digital content over a certain period;
• Durable data carrier: any tool - including email - that allows the consumer or entrepreneur to store information addressed personally to them in a way that allows future reference or use for a period that is appropriate to the purpose for which the information is intended, and which allows the unaltered reproduction of the stored information;
• Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
• Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers remotely;
• Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby, up to and including the moment of the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
• Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; Annex I does not need to be provided if the consumer does not have a right of withdrawal regarding their order;
• Means of distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same space at the same time.

Article 2 - Identity of the Entrepreneur

Name entrepreneur: Bloemenhuis Hofman VOF
Trading under the name/names: Bloemenhuis Hofman

Telephone number: 085 - 4015413

Availability:
Monday to Friday from 09:00 to 16:00
Saturday from 09:00 to 13:00

Email address: info@bloemenhuishofman.nl

Chamber of Commerce number: 04032899
VAT number: NL800597734B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, in deviation from the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions can 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, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the consumer's request electronically or otherwise.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.

Article 4 - The Offer

If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products, services, and/or digital content. Apparent mistakes or apparent errors in the offer are not binding on the entrepreneur.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may 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 observe appropriate security measures.

The entrepreneur may, within legal frameworks, 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 the entrepreneur has good grounds on the basis of this investigation 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.

At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur will provide the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

• the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• the information about guarantees and existing after-sales services;
• the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or implementation of the distance contract;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
• if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of Withdrawal

For products:

The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige them to state their reason(s).

The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:

• if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order of several products with different delivery times;
• if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
• in agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not delivered on a tangible medium:

The consumer can dissolve a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium during 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige them to state their reason(s).

The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services, and digital content not supplied on a tangible medium if not informed about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.

If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer has received that information.

Article 7 - Obligations of the Consumer During the Reflection Period

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.

The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.

The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

If the consumer exercises his right of withdrawal, he shall notify the trader within the reflection period by means of the model withdrawal form or in an unequivocal manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) the trader. This is not required if the trader has offered to collect the product himself. The consumer has observed the return period if he returns the product before the reflection period has expired.

The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

The consumer bears the direct costs of returning the product. If the trader has not reported that the consumer has to bear these costs or if the trader indicates to bear the costs himself, the consumer does not have to bear the costs for return shipping.

If the consumer withdraws after having first explicitly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or quantity commence during the reflection period, the consumer shall owe the trader an amount that is proportionate to that part of the obligation which has been fulfilled by the trader at the time of withdrawal, compared to the full performance of the obligation.

The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

1. the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;
2. the consumer has not explicitly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.

The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

1. he has not explicitly consented to the commencement of the performance of the contract before the end of the reflection period prior to its delivery;
2. he has not acknowledged that he loses his right of withdrawal when giving his consent; or
3. the trader has failed to confirm this statement by the consumer.

If the consumer exercises his right of withdrawal, all supplementary agreements are terminated by operation of law.

Article 9 - Obligations of the Trader in Case of Withdrawal

If the trader makes the notification of withdrawal by the consumer possible electronically, he shall promptly send a confirmation of receipt after receiving this notification.

The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, promptly but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait to refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.

The trader shall use the same means of payment that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of Right of Withdrawal

The trader can exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in time for the conclusion of the contract:

• Products or services whose price is subject to fluctuations in the financial market that the trader cannot control and that may occur within the withdrawal period
• Contracts concluded during a public auction. A public auction is defined as a sales method whereby products, digital content, and/or services are offered by the trader to the consumer who is personally present or has the possibility to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
• Service contracts, after full performance of the service, but only if:

1. the performance has begun with the consumer's explicit prior consent; and
2. the consumer has declared that he loses his right of withdrawal once the trader has fully performed the contract;

Package holidays as referred to in Article 7:500 BW and contracts of passenger transport;

Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services, and catering;

Contracts related to leisure activities, if the contract provides for a specific date or period of performance;

According to consumer specifications, products manufactured that are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;

Products that spoil quickly or have a limited shelf life;

Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;

Products that are, after delivery, according to their nature, inseparably mixed with other products;

Alcoholic beverages, the price of which has been agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market that the trader cannot influence;

Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;

Newspapers, periodicals or magazines, with the exception of subscriptions to them;

The supply of digital content other than on a tangible medium, but only if:

1. the performance has begun with the consumer's explicit prior consent; and
2. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The Price

During the validity period 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.

Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and which the trader cannot control, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the trader has stipulated this and:

1. they are the result of statutory regulations or provisions; or
2. the consumer has the power to terminate the contract as of the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 12 - Fulfillment of Agreement and Extra Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.

An extra warranty provided by the trader, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the trader under the contract if the trader has failed to fulfill his part of the contract.

An extra warranty is understood to mean any obligation of the trader, his supplier, importer, or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do if he has failed to fulfill his part of the contract.

Article 13 - Delivery and Execution

The trader will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the trader.

With due observance of what is stated in Article 4 of these general terms and conditions, the trader will execute accepted orders expeditiously but at the latest within 30 days unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after he placed the order. In such a case, the consumer has the right to dissolve the contract without costs and the right to any compensation.

After dissolution in accordance with the previous paragraph, the trader will refund the amount that the consumer has paid without delay.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated and made known to the trader representative, unless explicitly agreed otherwise.

Article 13 - Delivery and Execution

The trader will take the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the trader.

With due observance of what is stated in Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed but no later than 30 days, unless another 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 be informed of this no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the contract without cost and the right to any compensation.

After dissolution in accordance with the previous paragraph, the trader will promptly refund the amount that the consumer has paid.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated representative made known to the trader, unless explicitly agreed otherwise.

Article 14 - Continuous Performance Contracts: Duration, Termination, and Renewal

Termination:

The consumer can terminate an open-ended contract that has been entered into for the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate a fixed-term contract that has been entered into for the regular delivery of products (including electricity) or services at any time at the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

1. at any time and not be limited to termination at a specific time or during a specific period;
2. at least in the same way as they were entered into by him;
3. always terminate with the same notice period as the trader has stipulated for himself.

Renewal:

A fixed-term contract that has been entered into for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.

Contrary to the previous paragraph, a fixed-term contract that has been entered into for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months if the consumer can terminate this renewed contract at the end of the renewal with a notice period of no more than one month.

A fixed-term contract that has been entered into for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the contract is for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A limited-duration contract for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

Unless otherwise provided in the contract or supplementary conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this term starts on the day after the consumer has received the confirmation of the contract.

When selling products to consumers, the consumer may never be obliged in general terms and conditions to prepay more than 50%. When prepayment is stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated prepayment has taken place.

The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.

If the consumer does not fulfill his payment obligation(s) in time, he is, after being reminded by the trader of the late payment and after the trader has granted the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, on the outstanding amount, owes the statutory interest and the trader is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500; and 5% on the next €5,000 with a minimum of €40. The trader may deviate from the stated amounts and percentages for the benefit of the consumer.

Article 16 - Complaints Procedure

The trader has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the contract must be submitted fully and clearly described to the trader within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.

The consumer must give the trader at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 - Disputes

Contracts between the trader and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 18 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and 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.

Article 19 - Amendment of the General Terms and Conditions

Amendments to these terms and conditions are only effective after they have been published in an appropriate manner, provided that in the event of applicable changes during the term of an offer, the most favorable provision for the consumer will prevail.

Annex I: Model Withdrawal Form

(fill in and return this form only if you wish to withdraw from the contract)

To: Bloemenhuis Hofman
Hoofdstraat 73, 7981AD Diever
info@bloemenhuishofman.nl

I/We* hereby inform you that I/We* withdraw from our contract of sale of the following products: [product description]*
the delivery of the following digital content: [digital content description]*
the provision of the following service: [service description]*

Ordered on*/received on* [date of order for services or receipt for products]
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is notified on paper)

* Delete as appropriate or fill in as appropriate.