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Terms and conditions

General Terms and Conditions of Thuiswinkel.org

These General Terms and Conditions of Thuiswinkel.org were drawn up in consultation with the Consumers’ Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will become operable as of 1st June 2014.

 


Article 1 - Definitions
In these conditions the following terms shall have the following meanings:
Organisation / Entrepreneur: Euroflorist België BVBA
Consumer: the client who concludes an on-line agreement with the entrepreneur;

Article 2 - Identity of the entrepreneur
Name of organisation: Euroflorist België BVBA
Also trading under the name: Euroflorist Belgium

Contact & registration address:
Euroflorist Belgium
Pegasuslaan 5
1831 Diegem
Belgium

Ch. of Comm. no.: 228.103
VAT identification number: BE0422.154.985

 

Article 3 - Applicability
These General Conditions apply to any offer by Euroflorist België BVBA and to any agreement concluded on-line between the Entrepreneur and the consumer. Before the on-line agreement is concluded, the text of these General Conditions will be made available to the consumer.

Article 4 - Offer
If an offer has a limited period of validity or is made subject to terms and conditions, this will be explicitly stated in the offer. The offer contains a full and accurate description of the products offered, showing clearly which rights are applicable and which obligations are attached. The description is sufficiently detailed to allow the consumer a proper assessment of the offer. Prices are shown with taxes included. Service- and delivery fees are combined.
Euroflorist België BVBA flowercards are available for purchase in all membershops. The cards can be used as payment instead of cash. To find the local or closest florist, the consumer can look up address details on the website under the tab “search florist”.

Article 5 - The Agreement
Subject to approval of the provisions in paragraph 4, the agreement is concluded at the time of acceptance of the offer by the Consumer and the fulfillment of the conditions set for that purpose. If the Consumer has accepted the offer electronically, the Entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. When the purchase has been completed, the consumer will see an order confirmation directly on screen. An order confirmation is also sent to the given e-mail address registered during the order process. In case the order confirmation is not received, the consumer could contact the Customer Service. The consumer has the right to dissolve the agreement as long as the receipt of this acceptance has not been confirmed.
Within legal frameworks the Entrepreneur may inform whether the Consumer is able to meet his payment obligations, as well as whether all facts and factors that matter for a responsible on-line conclusion of the agreement. On the basis of this investigation, if the Entrepreneur has solid grounds not to conclude the agreement, he will be entitled to refuse an order or application stating reasons or to attach special conditions to the execution.
The Entrepreneur will include the following information for the product or service to the Consumer, in writing or in such a manner that this can be stored by the consumer in an easily accessible manner on a sustainable information carrier: a. the contactinformation of the Entrepreneur where the Consumer can lodge any complaints; b. the conditions under which and the way in which the Consumer may use the right to revoke, or a clear notification on being refused the right to revoke.

Article 6 - Right to revoke on delivery of products
The consumer can cancel the order until one weekday before the original date of delivery. In case of the fact that the florist has already made costs for the production of the order, only restitution for a certain part will be possible. A delivered order cannot be cancelled when incomplete or incorrect delivery information is given.
Due to raised prices, availability and different seasons, the delivered bouquet might differ from the photo pictured on the website.
If the consumer makes use of his right to revoke, he will return the product including all accessories and if reasonably possible in the original state and packaging to the Entrepreneur, in accordance with the reasonable and clear instructions provided by the Entrepreneur. In case of refunds, the Entrepreneur will repay this amount as soon as possible, yet at the latest within 30 days.

Article 7 - Price
The prices shown on the website are related to the three photos of the product. The main photo shows the “medium” product. Prices are tax and delivery fee included (6% on flowers, 21% on accessories, such as vases, cards, chocolates and teddybears). Productprices and service fees vary for orders abroad. Prices can change, depending on seasons, availability, VAT rates and regions of delivery. For this reason, pictured bouquet online might appear different when delivered.
Notwithstanding the preceding paragraph the Entrepreneur may offer products or services of which the prices are bound to fluctuations in the financial market and on which the Entrepreneur does not have any influence on variable prices. The prices mentioned in the offer of products or services include VAT.
If a consumer has received a discount code or an e-voucher, the consumer is responsible for it. Euroflorist België BVBA is not responsible for loss, theft or damage. Discount codes and vouchers can be used in the webshop, in the order process before completing the payment. In case of problems, the consumer can always contact the customer service. Note that discounts are usually valid for a limited time only. Information regarding this can be found in the information given with the discount code or e-voucher.
All acts of deception and fraudulent orders will be reported to and handled by the local police.

Article 8 - Delivery and execution
All bouquets, arrangements and plants are handcrafted by a local florist. In all products, Euroflorist België BVBA has tried to include flowers that are readily available. However, the assortment can vary between the florists, and due to seasonal availability. If a specific flower is not available, this will be replaced by a similar flower in shape and colour. The florists always aim to create a bouquet as similar as possible to the original product.
Additional products or gifts (such as chocolates, wine or champagne, vase, cellophane, teddy bears, fruit baskets) might differ from the given pictures. The florist will select a high-quality product, where the brand depends on the availability in stock at the given florist. The brand might differ from the picture, unless explicitly stated otherwise in the product description. 
In most images, flowers are shown that are in full bloom, to represent the look of the bouquet during most of its life. When the flowers are delivered they are fresh, and therefore may include flowers that are still not in full bloom. This is not something negative, but makes sure that the floral gift can be enjoyed for as long as possible, all prices are given under each product and size respectively.  Delivery fee and service fee is added to each order.
For international orders, we have selected products specifically to each country. Euroflorist België BVBA cannot guarantee product design for international orders. Delivery fee vary depending on the country you want to send the flowers to. All prices are presented to you before you complete your purchase. All prices on international orders are excluding VAT.
The time of delivery may vary due to different agreements with delivery companies. Euroflorist België BVBA cannot guarantee a specific time of delivery but will make every effort to meet the request, if any. For orders placed before 12:00 pm Monday-Friday and 12:00 am on Saturdays, we can guarantee that the product will be delivered on the same day to mainland and major cities. Euroflorist cannot guarantee deliveries on Sundays and public holidays.
Euroflorist België BVBA does not guarantee delivery on public holidays. All orders for those dates will be delivered on closest business day before or after requested date. Office is also closed on Sundays public holidays, and all emails will be answered closest business day after.
Important information:due to higher prices (especially roses), the product might slightly differ from the photo pictured on our website. Our florists will do their very best to meet your preferences as much as possible. We cannot guarantee deliveries on specific hours of the day. We deliver flowers till the 24th of December. Please read our general conditions for more information.
Funeral Sprays and wreaths are large products, and also require a large quantity of flowers. This type of product order should be placed 3 days in advance to guarantee delivery. For funeral bouquets and condolences/sympathy products, same day delivery can only be guaranteed if ordered within the given time frame (see our same day delivery policy above). Orders placed during closing hours of our office are not handled (e.g. Saturday afternoon after 13h00).
Flower orders to other countries are delivered by a local representative in that country. Flowers can be delivered to most countries in the world with a few exceptions, such as war zones. Euroflorist België BVBA cannot guarantee delivery on orders placed within 24 hours before the delivery date. All orders are handled during business hours.
During extreme weather conditions delivery cannot be guaranteed on time and on date. If the delivery is not possible, the order will be delivered as soon as possible. In those extreme cases the 100 % satisfaction guarantee is not applicable.
The flowers will be delivered to the recipient by a local florist or a local courier company if the florist works with one. In rare cases, flowers may be delivered by bus, post man or boat, due to limited accessibility of the recipient’s address. There are no deliveries by bus/post man/boat on weekends and public holidays.
The customer takes full responsibility that the given recipient information is complete and correct. If there is a delay in the delivery due to incorrect or incomplete information (including door code) provided by the customer, the order will not be refunded.
When placing an order, the consumer can indicate whether the florist can leave the product in front of the door or deliver at the neighbors, in case of absence. However, depending on the weather conditions the florist may decide not to leave the flowers at the door, if they fear the flowers will be affected in a negative way. These delivery options are not obligatory for a florist and it is up to them in each case to decide. Euroflorist België BVBA will not be held responsible if the flowers are stolen. The florist may contact the recipient to arrange delivery, in cases where delivery information is missing, or he/she suspects there might be a door code or similar to access the premises.
Euroflorist België BVBA delivers worldwide flowers thanks to their international network of more than 54.000 florists. However, Euroflorist België BVBA cannot guarantee 100% global coverage. With highly exception international orders can be cancelled due to accessibility problems according to the local florist concerned. In such a case it’s impotence of Euroflorist België BVBA In consultation with the customer the paid amount of the order (original delivery fee and price of the product) will be refund.

Article 9 – Payment
Several online payment options are available to consumers: credit card (VISA, Mastercard, American Express) and Paypal. All credit card payments with Euroflorist België BVBA are handled by an accredited and secure e-commerce  company, and security of payment via the website is of the highest order. To be approved for payment by invoice as a private customer, a credit check  will be ran before the first purchase. An additional charge of €2,50 is added when paying by invoice to cover administration costs. The payment terms for invoices are 14 days. Euroflorist België BVBA is entitled to set a credit limit to customers. Consumers ened to be 18 years or older to make a purchase with Euroflorist België BVBA

Article 10 - Complaints and refund
Complaints regarding non-deliveries should be mentioned within 30 days following the date of delivery. Complaints regarding other aspects should be mentioned within 7 days following the date of delivery. Consumers are kindly asked to mention complaints by e-mail ([email protected]) or by phone. Euroflorist België BVBA will reply within 2 days following the reception of the complaint. If a complaint requires a foreseeably longer processing time, the Entrepreneur will provide an acknowledgement of receipt within 7 days and give an indication of when the Consumer can expect a more detailed reply.

Article 11 - Refund policy
Refunds may occasionally be given at the discretion of the management.

  • If products are damaged or faulty

Because of the perishable nature of many products, you are advised to make any complaint within 1-2 working days of the delivery date of your products.

We guarantee seven days of freshness for your flowers, plants or associated items from the date of delivery. If any flowers arrive damaged, die or wilt within seven days of delivery you should take a digital photograph of them and send it to us via our contact page or take the flowers to the florist shop that delivered them, and we will replace the flowers and deliver them to you free of charge.

  • If we have sent you the wrong products

Refunds may occasionally be given at the discretion of the management.

Article 12 - Right of withdrawal
Flowers, fruit baskets and other perishable products are excluded from the legal right of withdrawal because of their perishable nature during the withdrawal period, as mentioned in the article VI, 53 of the Code of Economic Law. However, all flowers delivered by Euroflorist should still be fresh in the vase after seven days. If this is not the case, we ask you to send a photo of the bouquet to [email protected]. An employee will contact you and together we will find a suitable solution. More information about the  right of withdrawal, the refund policy and the return of other products can be found here.

Article 13 -  Disputes
Only Belgian law shall apply to agreements between the Entrepreneur and the Consumer to which these General Conditions relate.

Article 14 – Privacy
Euroflorist België BVBA handles all customer information as confidential. Euroflorist België BVBA does not provide customer information to third parties without the customer’s explicit consent. For more information read the Privacy Policy.

Euroflorist België BVBA regularly sends newsletters by e-mail. After placing an order, the consumer could choose to receive newsletters by e-mail. If the newsletters are no longer wanted, the consumer can always subscribe from the e-mail database.

Article 15 – Miscellaneous
Downloading content from Euroflorist België BVBA websites is at the risk of the consumer. The content, including images are protected by copyright laws. All images on the website are owned by the company, and any commercial use of display of the images and plagiarism of text, without explicit approval of Euroflorist België BVBA, is strictly forbidden.
Euroflorist België BVBA is in his right to update these conditions.
These terms and conditions are applicable to private customers. All corporate customers should place orders on the corporate website, with its own corporate terms and conditions.