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Terms & Conditions

General Terms and Conditions Roses & Lilies

Table of Contents

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Compliance and Warranty
Article 11 – Delivery and execution
Article 12 – Continuing performance: duration, termination and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Grace period: The period within which the consumer can make use of his right of withdrawal;
  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. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and / or services, whereby the delivery and / or purchase obligation is spread over time;
  5. Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that makes future consultation and unaltered reproduction of the stored information possible.
  6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  7. Model form: the model form for withdrawal which the trader makes available and which a consumer may fill in if he wishes to exercise his right of withdrawal. 
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
  9. Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
  10. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time
  11. General Terms and Conditions: the present General Terms and Conditions of the Entrepreneur.

Article 2 – Identity of the entrepreneurs

Susan Verwayen, Rosanne Bal; Roses & Lilies;
Prinsestraat 75a, 2513 CB, The Hague
E-mail address: info@rosesandlilies.nl
Chamber of Commerce number: 80468268
Btw-identificatienummer: NL861682580B01

Article 3 – Applicability 

  1. These General Terms and Conditions apply to every offer made by the trader and to every distance contract and order concluded between Roses & Lilies and the consumer.
  2. Before the distance contract is concluded, the text of these General Terms and Conditions shall be made available to the Consumer. If this is not reasonably possible, Roses & Lilies shall indicate, prior to the conclusion of the distance selling agreement, that the general terms and conditions are available for inspection at Roses & Lilies and that they will be sent free of charge to the consumer, 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 General Terms and Conditions shall be made available to the Consumer electronically, in such a way that it can be easily stored by the Consumer on a long-term data carrier. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
  4. In case specific product- or service conditions apply in addition to these general conditions, the second and third paragraphs apply accordingly and the consumer can always rely on the applicable provision that is most favourable to him in case of conflicting general conditions.
  5. If one or more provisions in these general terms and conditions are null and void or annulled in part or in full at any time, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be replaced without delay, in mutual consultation, by a provision that approaches the scope of the original provision as closely as possible.
  6. Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
  7. Any lack of clarity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

 

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 is without obligation. Roses & Lilies is entitled to change and amend the offer.
  3. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images these are a true reflection of the products offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
  4. All images, specifications and data in the offer are indicative and can not lead to compensation or dissolution of the agreement.
  5. Images of products are a true representation of the products offered. Roses & Lilies cannot guarantee that the colours shown will exactly match the actual colours of the products. 
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
    • the price including taxes;
    • the possible costs of shipment;
    • the way in which the agreement will be brought about and which actions are required for this;
    • whether or not the right of withdrawal is applicable;
    • the method of payment, delivery and implementation of the agreement;
    • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • the size of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
    • whether the agreement is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
    • the manner in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
    • any other languages besides Dutch in which the contract can be concluded;
    • the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
    • The minimum duration of the distance contract in the event of an extended transaction.
    • Available sizes, colours, type of materials.

Article 5 – The agreement

  1. The agreement is, subject to that which is stated in paragraph 4, made at the moment the consumer accepts the offer and fulfils the conditions set.
  2. If the consumer has accepted the offer electronically, Roses & Lilies shall immediately confirm receipt of electronic acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
  3. If the agreement is made electronically, Roses & Lilies will take appropriate technical and organisational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer is able to pay electronically, the trader will take appropriate security measures.
  4. Roses & Lilies may – within legal limits – obtain information about the consumer’s ability to fulfil his payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the distance contract. If Roses & Lilies has good reason, based on this research, not to enter into the agreement, it is entitled to refuse an order or request, or to attach special conditions to its execution.
  5. Roses & Lilies shall include the following information with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:

    a. the visiting address of the Entrepreneur’s business establishment where the Consumer may lodge complaints;
    b.the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    c. the information on guarantees and existing after-sales service;
    d. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;
    e. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.

  6. In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
  7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned. 

Article 6 – Right of withdrawal

  1. When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during a period of 30 days. This cooling-off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
  2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions. Only returns are accepted within 30 days of purchase. The product must be in its original state, intact, not worn, not washed, with all labels and hangtags attached, and without damage. Roses & Lilies may ask the consumer for the reason of withdrawal, but may not require the consumer to provide any reasons. 
  3. When the Consumer wishes to make use of its right of withdrawal, it is obliged to make this known to the Entrepreneur within 30 days of receiving the product. The consumer must make this known by means of the model form. After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 30 days. The consumer has to prove that the delivered goods have been returned on time, for example by means of a proof of sending. 
  4. If the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to Roses & Lilies by the end of the periods stated in paragraphs 2 and 3, the purchase shall be deemed to have taken place. 

Article 7 – Costs in case of withdrawal 

  1. If the consumer makes use of his right of withdrawal, the maximum amount he can be charged for is the costs of return shipment.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal. Repayment will be made via the same payment method used by the consumer, unless the consumer explicitly agrees to a different payment method.
  3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
  4. The consumer cannot be held liable for a reduction in the value of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal; this must be done prior to the conclusion of the purchase agreement.

Article 8 – Exclusion of right of withdrawal

  1. Roses & Lilies may exclude the consumer’s right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal is only valid if Roses & Lilies has clearly stated this in the offer, or at least in good time prior to the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products 

    a. that have been created by the trader in accordance with the consumer’s specifications;
    b. that are clearly of a personal nature;
    c. that cannot be returned due to their nature;
    d. whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control;
    e. for hygienic products of which the consumer has broken the seal.

Article 9 – The price

  1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, subject to price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, Roses & Lilies may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices, will be mentioned with the offer. 
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and: 

    a. they are the result of statutory regulations or stipulations; or
    b.the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

  5. The prices mentioned in the offer of products or services include VAT.
  6. All prices are subject to misprints and printing errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints Roses & Lilies is not obliged to deliver the product at the incorrect price. 

Article 10 – Compliance and Warranty

  1. Roses & Lilies guarantees that the products and/or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date the agreement was made. If agreed, Roses & Lilies shall also ensure that the product is suitable for other than normal use.
  2. A guarantee provided by the trader, manufacturer or importer does not diminish the legal rights and claims that the consumer may exercise against Roses & Lilies based on the agreement.
  3. Any defects or faulty products delivered should be reported to the trader in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition.
  4. Roses & Lilies’ guarantee period corresponds to the manufacturer’s guarantee period. Roses & Lilies is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
  • The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or contrary to the instructions of the entrepreneur and/or are treated on the packaging;
  • The defectiveness is wholly or partially the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used. 

Article 11 – Delivery and execution

  1. Roses & Lilies shall take the utmost care in receiving and executing product orders and in assessing service requests.
  2. The place of delivery is the address that the consumer has made known to Roses & Lilies.
  3. Subject to what is stated in paragraph 4 of this article, the Company shall execute accepted orders expeditiously, but within 30 days, unless the Consumer has agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation. 
  4. All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates mentioned. Exceeding a term does not entitle the consumer to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
  6. Should delivery of an ordered product prove impossible, Roses & Lilies will make every effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly reported that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the entrepreneur.
  7. The risk of damage and/or loss of products shall be borne by Roses & Lilies until the time of delivery to the consumer or a previously designated representative that has been made known to Roses & Lilies, unless otherwise expressly agreed.

Article 12 – Payment

  1. Unless otherwise agreed, the amounts payable by the consumer should be paid within 7 working days after the start of the cooling off period as referred to in Article 6 paragraph 1. 
  2. The consumer is obliged to report any inaccuracies in payment details provided or stated immediately to Roses & Lilies.
  3. In the event of non-payment by the Consumer, Roses & Lilies shall be entitled, subject to statutory limitations, to charge any reasonable costs previously made known to the Consumer.
  4. Roses & Lilies offers the consumer various payment options: IDEAL, Klarna, PayPal, Credit Card and Apple Pay.

Article 13 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement should be submitted to the entrepreneur within 7 days after the consumer has found the defects, fully and clearly described.
  3. Complaints submitted to Roses & Lilies will be answered within a period of 14 days from the date of receipt. Where a complaint requires a foreseeable longer processing time, the trader will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
  5. In case of complaints, a consumer should first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint shall not suspend Roses & Lilies’ obligations, unless Roses & Lilies indicates otherwise in writing.
  7. Should Roses & Lilies find that a complaint is justified, then Roses & Lilies will, at its discretion, either replace or repair the delivered products free of charge.

Article 14 – Disputes

  1. Agreements between Roses & Lilies and the consumer to which these terms and conditions apply, are exclusively governed by Dutch law. Even if the consumer lives abroad.
  2. The Vienna Sales Convention shall not apply.

Article 15 – Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.