- These General Terms and Conditions apply to all offers made by Flourish Products (“Flourish“) and to al agreements online or offline between a consumer, a natural person acting in performance or business or legal entity on the one hand, and Flourish on the other.
- Beside these gerneral terms and conditions, additional terms and conditions may apply where this is indicated expressly.
- If you as the buyer refer to your general terms and conditions too, these terms and conditions shall not apply, unless Flourish expressly agrees to this.
- Flourish may change these general terms and conditions at any time without prior notice. Any changes made by Flourish shall not affect orders that were placed before the change was made.
2. Contact information
- Trader’s name: Flourish Products
- Registered office: Meeuwenlaan 12, 4306 BS, Nieuwerkerk
- Telephone number: +31 85 083 0032
- Contactability: contactable on Mondays, Wednesdays and Fridays between 10 a.m. and 12 a.m.
- Email address: firstname.lastname@example.org
- Chamber of Commerce number: 80291821
- VAT number Netherlands: NL003424919B74
- An offer of a product will include a complete and accurate description of the product, to allow you to make a good assessment of the offer. The offer also contains information about your rights and obligations if you buy the product.
- Each offer is subject to stock availability. If the offer has a limited validity or specific conditions, Flourish will mention this.
- Flourish uses images on its website. Please note that the display of colours, models and products on your screen may deviate from the actual appearance or actual size of the products offered on the website.
- Flourish shall not be liable for obvious mistakes or obvious errors in the offer, i.e. where it is clear to an average consumer that the offer contains a mistake or error. In such circumstances, Flourish will have the right to cancel your order after the agreement has been concluded. Flourish may also do so after the conclusion of the agreement.
4. Placing an order and formation of an agreement
- You can place an order via the website by placing the product in the shopping cart and following the steps as indicated.
- After placing an order, you will receive your personal order number via the website and in your e-mail. Receipt of an order number does not mean that Flourish has accepted your order. Flourish may or may not accept your offer or adjust your order. If we are unable to accept your order for any reason, we will notify you of by e-mail.
- An agreement between you and Flourish will be formed if an order confirmation has been sent by e-mail to the e-mail address provided by you. An ordinary signature is not required for the formation of the agreement.
5. Delivery and delivery time
- Flourish will deliver the product ordered to the delivery address you have indicated in the order form. In principle, Flourish aims to deliver the order within thirty (30) days after the order was placed at the delivery address indicated by you. However, please note that this term is a target term. which means that the delivery time may be longer. Flourish shall not be liable in any way for any loss, damage, costs or expenses resulting from non-delivery according to the delivery dates or shipment dates provided.
- A product may be temporarily out of stock. In that case, Flourish will inform you by e-mail when the product is expected to be available again.
- Bij levering van een product aan de vervoerder (DHL, PostNL, UPS) via MyParcel ontvang je per e-mail een bevestiging van verzending.
- The average delivery time in the Netherlands is 3 days, for foreign countries it is 7 days.
- All payments are made in euros.
- Orders via the website may be paid in the following ways via Mollie:
- Credit Card
- Apple Pay
- SEPA Transfer
3. If any new payment methods will be added, Flourish will announce this on the website. If the payment information provided by Flourish contains any inaccuracies or errors, you are obliged to report this to us.
The title and risk of loss of ordered products will pass to you upon delivery of the products at the delivery address provided by you.
8. Returns and Refunds
- If you as a consumer have purchased a product via the website, you may return the product to Flourish without owing payment and without giving reasons within fourteen (14) calendar days after receiving the product. You may use this right of withdrawal by notifying Flourish thereof using the Model Withdrawal Form (Appendix 1) or by making another unequivocal statement (e.g. in writing by post or e-mail). Flourish will then send you a confirmation of your request.
- You may return the product to Flourish Products, Meeuwenlaan 12, 4306 BS, Nieuwerkerk. In order to make the return process run as smoothly as possible and to ensure that the product arrive at Flourish in good condition, you have to:
- (i) use a solid transport packaging;
- (ii) state the return address clearly;
- (iii) put robust wrapping around the transport packaging; and
- (iv) State your own name and address as the sender on the package.
- The shipping costs of returns will be payable by you. You will find these costs on the website.
- Within fourteen (14) calendar days after receiving the product, Flourish will refund the amount paid by you (including shipping costs) to your bank account, if you paid via iDEAL.
- If a product has been misdeliverd, is incomplete or defective, and you believe that you are entitled to replacement or repair, also after the right of withdrawal period has expired, you may contact Flourish. Within the term of the right of withdrawal you should handle the product and the packaging with care. As a basic principle, you can only handle and inspect the product as you would do in a shop.
- If you handle the product in a different than described in paragraph 8.6, it is possible that you will refunded less money for the product.
- Except where expressly indicated otherwise, all prices for products are in euros and are inclusive of taxes.
- The current prices are the prices as published on the website at the time when you place the order, with due observance of Article 3.4 of these general terms and conditions.
- The prices quoted are exclusive of shipping costs, which are payable by you. You will find the amounts of shipping costs on the website. The shipping costs will be quoted in the order confirmation and added to the total price of the order. The total price you will have to pay is the overall amount of the ordered products, plus shipping costs.
10. Warranty and liability
- Unless provided otherwise by law, these general terms and conditions contain the full extent of obligations and liabilities of Flourish.
- The products thst Flourish offers meet what a consumer meet the reasonable expectations a consumer may have of these products. Flourish cannot guarantee the specific functioning of any product. A product may work for one person, whereas it may not work or work less for another person.
- Flourish shall not liable for payment any compensation to you or to others, save in the event of wilfil misconduct or gross negligence by Flourish. Flourish shall not be liable for any consequential damage or trading loss, indirect damage, loss of profits or loss of turnover, unless a provision of mandatory law dictates otherwise.
- Should Flourish be obliged for any reason to compensate any damage, the damages will never exceed the amount quoted on the invoice of the product concerned that has caused the damage, or to the extent it is compensated by Flourish’s insurance, unless the law provides otherwise.
- Flourish makes every effort to publish the information on its website as completely and accurately as possible. Nevertheless, it may happen that information is incomplete and/or incorrect. Flourish cannot be held liable for this and this constitutes no ground for terminaton beyond the withdrawal period.
- Flourish shall be indemnified against any claims third parties may have against Flourish on account of the performance of the agreement, as far as the law does not prevent that such damage and costs are payable by you.
- Flourish sometimes uses links on its website to refer to other websites in order to give you additional information. Flourish is not responsible for the completeness and accuracy of the content on the websites to which it refers.
- If you wish to file a complaint, please contact [info@flrsh .nl], or send a Whatsapp message to +31 85 083 0032. You may also send a complaint by post to Flourish Products, Meeuwenlaan 12, 4306 BS Nieuwerkerk.
- Flourish will do its best to respond to a complaint as soon as possible, but no later than within fourteen (14) days after receiving of the complaint.
- If you are not satisfied with the handling of your complaint by Flourish, you may apply to the European Online Dispute Resolution Platform.
12. Personal data
13. Force Majeure
- Flourish cannot be kept to its obligations to you in the event of force majeure. In that event, the obligations of Flourish will be suspended for as long as the force majeure continues.
- Force majeure means any circumstance independent of the will of Flourish, which prevents the performance of its obligations to you in whole or in part. Such circumstances shall include in any case, but without limitation: strikes, war, armed conflict, fire, floods or other natural disasters, business interruptions, power failures, pandemics, acts or omissions of governmental agencies (including customs authorities in the country of origin of the (raw materials of) products or the destination), changes in applicable currency laws or regulations, or other adverse economic or financial developments in or related to the country of origin of the (raw materials of) products, changes in sanctions legislation with respect to the country of origin of the (raw materials of) products, non-delivery or late delivery of suppliers or other third parties engaged, and the absence of any permit to be obtained from the public authorities. Force majeure also means failures in a (telecommunication) network or connection, or communication systems used, and/or the unavailability of the website at anytime.
14. Applicable Law and Competent Court
- All offers and agreements shall be governed exclusively by the laws of the Netherlands.
- The UN Convention on International Sale of Goods shall not apply to offers or agreements with Flourish.
- All disputes that in connection or arising out of offers of Flourish or agreements concluded with Flourish shall be presented to the Court of Zeeland-West-Brabant, location Middelburg, unless the law expressly and imperatively designates another court as having jurisdiction.