Delivery conditions:
Terms Thuiswinkel (Retail)
Business Conditions click here
These Terms and Conditions of the Dutch Home Shopping Organization established in consultation with the Consumer Coordination in the context of the Self-Talk (CZ) of the Social Economic Council and enter into a January 1, 2009.
Article 1 – Definitions
In these conditions apply:
1. Entrepreneur: the natural or legal person who is a member of the Dutch Home Shopping Organization and products and / or remote services to the consumer,
2. Consumer: natural person not acting in the exercise of professional or business and enter into an agreement with the distance operator,
3. Distance contract: an agreement under which an entrepreneur by the organized system for distance selling of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;
4. Technology for distance communication: medium which can be used to conclude a contract, without consumer and business simultaneously in the same area have come together;
5. Grace period: The period within which the consumer can exercise his right of withdrawal;
6. Right of withdrawal: the ability for consumers within the waiting period to waive the contract,
7. Day: calendar;
8. Transaction Duration: a distance contract relating to a range of products and / or services, the delivery and / or purchasing in the time spread,
9. Durable medium "means any consumer or business that enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the information stored
Article 2 - Identity of the entrepreneur
Topbloemen Netherlands BV trading under the name / names: Topbloemen.nl, Bestflowers.nl, Wine & vandaag.nl
Residency-office address:
67 Pesetaweg
2153PJ New Vennep
Telephone: +31 23 562 42 02
Access : From Monday to Friday from 9:00 am to 18:00
From Saturday to Saturday from 9:00 am to 13:00 pm
E-mail: info@topbloemen.nl
KvK number: 34108906
VAT Number : NL818503051B01
Article 3 - Applicability
1. These general conditions apply to any offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
2. Before the distance contract is concluded, the text of these general conditions made available to consumers. If this is not reasonably possible, before the distance is closed, indicate that the general conditions for the entrepreneur to see and at the request of the consumer as quickly as possible, be sent free of charge.
3. If the distance is electronically closed, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions electronically to the consumer be made available in such a way that the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions in electronic form and be aware that at the request of the consumer electronically or otherwise will be sent free of charge.
4. In the event alongside these general conditions also specific product or service conditions are, is the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision for the most favorable
Article 4 - The properties
1. If an offer of limited duration or in terms of qualification, it explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to a proper assessment of the offer by the consumer as possible. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer is not binding on the entrepreneur.
3. Each offer contains such information, that the consumer is clearly the rights and obligations, to the acceptance of the offer are attached. This concerns in particular:
· The price includes taxes, any costs of delivery
· How the agreement will be achieved and what actions are required as whether to apply the right of withdrawal
· Method of payment, delivery or performance of the contract
· The deadline for accepting the offer or the deadline for the maintenance of price
· The level of the rate of distance communication if the cost of using the technique of distance communication are calculated on a basis other than the basic rate
· If the agreement after the adoption is filed, how these consumers consultation is
· How the consumer before the conclusion of the contract by him popular acts can get informed, and how he can recover before the agreement comes
· Any language which, in addition Dutch, the contract may be entered
· The conduct to which the entrepreneur has subjected and the way the consumer can conduct electronic consultation, and
· The minimum duration of the distance in case of an agreement which seeks to continuous or periodic delivery of products or services
Article 5 - The Agreement
1. The agreement is subject to the provisions of paragraph 4, to stand at the moment of acceptance by consumers of the supply and satisfy the conditions thereto.
2. If the consumer has accepted electronic properties, the entrepreneur immediately confirm the receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract
3. If the agreement is created electronically, the entrepreneur take appropriate technical and organizational measures to protect the electronic transmission of data and he creates a secure web environment. If the consumer can pay electronically, the operator with appropriate safety precautions.
4. The operator can - within the law - to inform the consumer can meet its commitments, and of all those facts and factors relevant to a sound conclusion of the distance. If the operator under this investigation was justified in the agreement not to go, he is entitled motivated an order or request to refuse or to implement specific conditions to.
5. It will be in the product or service to consumers the following information in writing or in such a way that the consumer in an accessible way can be stored on a durable medium, send:
· The visiting address of the establishment of the entrepreneur which consumer complaints,
· b. the conditions and how the consumers of the withdrawal right can be exercised, or a clear message regarding the exclusion of the right of withdrawal
· c. information about existing after sales service and guarantees
· d. in Article 4 paragraph 3 of these conditions include information, unless the operator this information to the consumer has already provided before the implementation of the Agreement
· e. the requirements for termination of the agreement if the agreement has a duration of more than one years or of indefinite duration.
6. If the entrepreneur is committed to providing a range of products or services, the provision in the previous paragraph applies only to the first delivery
Article 6 - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer to the contract without giving any reason to dissolve for 14 days. This period starts the day after receipt of the product by or on behalf of consumers.
2. During this period, the care of the consumer product and packaging. He will be the product only to the extent unpacking or use to the extent necessary to assess whether it wishes to maintain the product. If he his right of withdrawal, he delivered the product with all accessories and - if reasonably possible - in the original condition and packaging to return the entrepreneur, the entrepreneur according to the instructions provided clear and reasonable
Article 7 - Costs for refund
1. If the consumer exercises his right of withdrawal, will not exceed the cost of returning to his account.
2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible and within 30 days after the withdrawal or return or refunds
Article 8 - Exclusion of withdrawal.
1. If the consumer has a right of withdrawal, the operator may only be submitted entrepreneur clearly excluded in the offer, at least in time for the conclusion of the agreement, has indicated.
2. Exclusion of the right of withdrawal is only possible for products:
o by the entrepreneur to have been made to the specifications of consumers
o b. that are clearly personal in nature;
o c. which by their nature cannot be returned
o d. which can quickly spoil or expire;
o e. whose price depends on fluctuations in the financial market on which the entrepreneur's control
o f. for individual newspapers and magazines;
o g. for audio and video recordings and computer software that the consumer has broken sale.
3. Exclusion of the right of withdrawal is only possible for services:
o on accommodation, transport, catering or leisure to carry on a specific date or during a specific period
o b. the supply with the express consent of the consumer is started before the reflection is passed
o c. betting and lotteries
Article 9 - The price
1. During the period mentioned in the offer, the prices of the products and / or services not increased, except price changes resulting from changes in tax rates.
2. In afwijking van het vorige lid kan de ondernemer producten of diensten waarvan de prijzen gebonden zijn aan schommelingen op de financiële markt en waar de ondernemer geen invloed op heeft, met variabele prijzen aanbieden. This attachment to fluctuations and the fact that any set target prices, are in the range indicated.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract only if the entrepreneur and has agreed that:
o result of these regulations or provisions, or
o b. the consumer has the power to terminate the agreement at the date the increase takes effect. 5. The supply of products or services mentioned prices include VAT
Article 10 - Compliance and Guarantee
1. The entrepreneur's winning in the products and / or services meet the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and / or usefulness and at the date of the conclusion of the agreement existing legal provisions and or government regulations.
2. By the trader, manufacturer or importer as a 'guarantee scheme does not affect the rights and claims that consumers in respect of a failure in the fulfillment of the obligations of the employer may assert against the employer under the Act and / or the distance
Article 11 - Delivery and implementation
1. It will be the greatest possible care taken when receiving and carrying out of orders and products in assessing applications for services.
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 terms and conditions listed, the Company accepted orders expeditiously but not later than 30 days unless a longer run delivery has been agreed. If delivery is delayed, or if an order or partial can be implemented, the consumer receives them within one months after he has placed the order message. Consumers in this case the right to terminate the contract without cost, and any right to damages.
4. In case of dissolution in accordance with the preceding paragraph, the employer the amount that consumers paid as soon as possible and within 30 days after termination, back pay.
5. If delivery of an ordered product proves impossible, the operator will endeavor to make available a replacement item. By the delivery will be clear and comprehensible manner reported that a replacement item is delivered. For replacement items can not exclude the right of withdrawal. The cost of return shipment are borne by the entrepreneur.
6. The risk of damage and / or loss of products is based to the time of delivery to consumers in the business, unless otherwise expressly agreed
Article 12 - Duration Transactions
1. The consumer may contract for an indefinite at any time denounce this purpose agreed termination notice rules and a maximum of one months.
2. A contract for a fixed time has entered a period of up to two years. If it is agreed that the silence of the consumer distance contract will be renewed, the agreement will continue as a contract of indefinite duration and will continue after the notice of the maximum contract amount to one months
Article 13 - Payment
1. Unless subsequently agreed, the amounts owed by the consumer to be paid within fourteen days after delivery of the goods or in case of an agreement to provide a service, within 14 days after issuance of the documents relating to this Agreement.
2. When selling products to consumers in general terms may never a prepayment of more than 50% are stipulated. If payment is agreed, the consumer may not assert any rights regarding the implementation of the relevant order or service (s) before the agreed payment has been made.
3. The consumer has the duty to errors in data supplied or specified payment promptly to notify the operator.
4. In case of default by the consumer, the operator subject to legal restrictions, the right to advance to the consumer made known to charge reasonable costs
Article 14 - Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints under the complaints procedure.
2. Complaints about the performance of the contract must within a reasonable time, fully and clearly described and submitted to the operator, after the consumer has found the defects.
3. When entrepreneur complaints within a period of 14 days from the date of receipt answered. If a complaint is a foreseeable longer processing time demands, by the operator within the period of 14 days responded with a message of welcome and an indication if the consumer can expect a more detailed answer.
4. A complaint about a product, service or service by the operator can also be submitted via a complaint form on the consumer page of the website of the Dutch Thuiswinkel Organisatie. www.thuiswinkel.org The complaint is then both the entrepreneur and the Dutch Home Shopping Organization sent.
5. If the complaint can be resolved by mutual agreement creates a dispute that is susceptible to the dispute
Article 15 - Disputes
1. Agreements between the entrepreneur and the consumer which these general conditions apply, only Dutch law.
2. Disputes between consumers and entrepreneurs on the creation or implementation of agreements relating to such business by supplying or supplied products and services, may, subject as provided below, both the consumer and trader disputes submitted to the Commission Thuiswinkel , PO Box 90600, 2509 LP The Hague (www.sgc.nl)
3. A dispute by the Disputes Committee discussed only if the consumer his complaint within a reasonable time to the operator's request.
4. By three months after the dispute arose, the dispute in writing to the Complaints Board to be valid.
5. If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. When the entrepreneur that wants to do, consumers will end within five weeks after a request by the operator in writing, writing, to speak if he so desires or the dispute will be treated by the competent court. The entrepreneur learns the consumer choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
6. The Arbitration Committee's decision under the conditions as laid down in the Rules of the Arbitration Board. The decisions of the Arbitration Board is as binding advice
7. The Disputes Committee will not deal with a dispute or discontinue, if the operator has been granted suspension of payments, the state has become bankrupt or its business has actually ended, before a dispute by the Committee on the session and addressed a final decision was delivered.
8. If in addition the Disputes Committee or other authorized Thuiswinkel a dispute with the Foundation for Consumer Affairs (SGC) or the Financial Services Complaints Institute (Kifid) member arbitration committee has jurisdiction over disputes concerning essentially the method of sale or service on the remote Thuiswinkel Disputes Commission has exclusive jurisdiction . For all other disputes or other Kifid approved by SGC member arbitration committee
Article 16 - Warranty Industry
1. The Dutch Home Shopping Organization will, quickly, the obligations of the operator to the consumer, respect of one to him by the "Commission Thuiswinkel imposed binding opinion on where these entrepreneurs are not obligations within the time period prescribed in the binding opinion is fulfilled . The takeover by the Dutch Home Shopping Organization obligations of the operator is suspended if and to the extent that binding opinion within two months of the date thereof in accordance with the Rules of the Arbitration Board for review and submitted to the court is forfeited by the force of res range from the verdict which the court has declared ineffective binding opinion.
2. For purposes of this guarantee requires that the consumer a written appeal to this end, the Dutch Home Shopping Organization and that his claim to the operator over to the Dutch Home Shopping organization
Article 17 Supplementary
Additional or different terms or conditions deviating from these general rules should not disadvantage the consumer and should be put in writing or in such a way that the consumer in an accessible way can be stored on a durable medium
Article 18 - Amendments to the General Conditions Thuiswinkel
1. The Dutch Home Shopping Organization will not change these general conditions in consultation with the Consumer Association.
2. Changes in these conditions are effective only after it published an appropriate way, with the proviso that appropriate amendments for the duration of an offer to the consumers most favorable determination will prevail
Dutch Home Shopping Organization
Address: PO Box 7001, 6710 CB EDE.
Additional information:
- Right of withdrawal: For flowers is exclusion of the right of withdrawal.
- Delivery Costs: Within Netherlands € 6.95, outside the Netherlands € 15.00
- Order: An order is placed after the final completion of the ordering process, agreeing to the terms and conditions, choose a payment method and the message on your screen that your order is placed
- Change: After the conclusion of the agreement, you only have to pass those changes do not affect the total amount paid or payable, provided that your order has not been processed. If a change can not be processed because you (during office hours) message asap. Changes can be sent by email or telephone are transmitted.
- Email: With the conclusion of the agreement gives consumers consent to receive email on confirmation of order and progress. Also, consumers can receive email with offers of similar products previously by the consumer in Topbloemen decreased. If consumers are not more generous than price can be made known through the mail or by Unsubscribing in an email to info@topbloemen.nl
- Cancel: After the conclusion of the contract cancellation is only possible if ordered with a delivery address within the Netherlands and at least 48 hours before the delivery date. A cancellation by email or telephone can be passed. Cancellation fee 10% of the principal amount with a minimum of
€ 7.00
- Complaints: Complaints regarding the delivered quality of fresh products (flowers) are in direct observation and within 7 days after delivery to an entrepreneur to be published. At the request of the entrepreneur, the recipient of the flowers to show customer, or to submit a photo or mail to replace the flowers for eligibility. The tones of the flowers may also be in the delivery of fresh flowers. Complaints concerning the delivery of direct observation should be made known to the operator and within 21 days after original delivery date. Reporting a complaint by email, phone or in writing. Consumer gets within 1 business day response
- Payment methods: iDeal (internet banking), Credit Card and e-bill (on account). With e-bill payment is € 2.50 fee. You have a payment period of 7 days after receipt of the invoice by email. The handling of this payment is made by McFactor. In late payment and may incur additional administrative or collection fees are charged. Click here for more information
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