Terms and Conditions

1. Parties
2. Sharon Flowers by Alfra: Sharon Flowers, registered with the Chamber of Commerce under number 37055526, located in Purmerend at Vleetstraat 14d 1446AP, user of these general terms and conditions.
3. Further details of Sharon Flowers:

Website: www.sharonflowers.nl

Email: info@sharonflowers.nl

Telephone number: 06 - 38 14 92 48

VAT identification number: 804866466B02

3. Customer: the (potential) customer of goods offered from Sharon Flowers.
4. Consumer: the customer who is natural person and who acts for purposes that fall outside his business or professional activities.
5. Good (ren): flower arrangement (s) and accessories as the subject of the agreement concluded between Sharon Flowers and the customer.

 

2. Applicability
3. Sharon Flowers declares these general terms and conditions applicable to any offer of Sharon Flowers and, whether or not arising from it, agreements entered into with each other. Insofar as the content thereof has not been changed, these General Terms and Conditions will also apply to future compulsory relationships between the parties.
4. Deviations from these terms and conditions only apply insofar as they have been explicitly agreed in writing by the parties.
5. General (purchasing) conditions of the customer are expressly rejected.
6. Third parties involved in the implementation of the agreement by Sharon Flowers can also invoke these general terms and conditions. Sharon Flowers cannot be held liable where use is made of third -party services.
7. If one or more (part (s)) of the provisions of these General Terms and Conditions are invalid, or are annulled, the other provisions of these General Terms and Conditions will continue to apply. The parties will then enter into consultation to replace the invalid or destroyed provisions, in which as much purpose and scope of the invalid or destroyed provisions will be expressed as much as possible.

 

3. Offer and agreement
4. Every offer, in the form of a quotation, shown on the website or on the other hand, is entirely and unconditionally without obligation and revocable, unless otherwise indicated in writing by Sharon Flowers.
5. Each offer only applies insofar as supplies last. The agreement is therefore explicitly entered into under the suspensive and/or resolutive condition of adequate availability of goods. If Sharon Flowers must rely on this provision that the customer does not have a right to compensation.
6. The prices as stated on the website or in another form of an offer are, unless otherwise indicated, in Euro and excluding VAT and present on taxes, excise duties, surcharges and other factors.
7. All tasks of Sharon Flowers of numbers, sizes, weights and color of the articles in the designed or provided designs, drawings, images and photos are only indications. A slight deviation of this in the delivered article does not lead to a shortcoming in the fulfillment of the agreement on the part of Sharon Flowers.
8. An offer does not automatically apply to repeat orders.
9. Obstant changes and mistake errors in the offer are not binding towards Sharon Flowers.
10. The agreement is concluded:

Order via the webshop: The agreement is concluded when the customer has completed the order procedure on the Sharon Flowers website correctly and after the confirmation email of the agreement sent by Sharon Flowers in the mailbox of the e-mail address specified by the customer has arrived.

Order other than via the webshop: the agreement is concluded after both parties have signed an offer, after Sharon Flowers has confirmed a written acceptance or after Sharon Flowers, or a third party on her, has started with the implementation.

 

4. Delivery/implementation of the Agreement
5. Sharon Flowers will try to fulfill the agreement within the indicated/estimated period. This period is not fatal, which means that the customer must always give Sharon Flowers in default, whereby a large and reasonable period of compliance must be stated, before being able to proceed with any remedy.
6. If Sharon Flowers takes care of the delivery/delivery, the customer must provide a delivery address where Sharon Flowers can deliver/deliver the goods to be delivered on the specified date. If the customer is not present on the specified date at the time the goods are delivered, the costs for offering the goods will be borne by the customer at the next time. The customer will then receive a message that the order can be collected from Sharon Flowers.
7. Sharon Flowers will take the goods in custody for one month from the moment of the agreed delivery date. After the expiry of the period referred to in this article, the Sharon Flowers is free to destroy or transfer the goods to third parties.
8. Sharon Flowers is free to have the order and or delivery carried out by third parties. Art. 7: 404 of the Dutch Civil Code is explicitly excluded in the agreement.
9. Delivery of goods only takes place after the agreement is concluded. The risk of loss or depreciation of the goods to be delivered is transferred to the customer from the moment they have been made available to him, but this moment has been delayed under the responsibility of the customer. This is whether the transfer of ownership has already taken place.

 

5. Customer commitments
6. The customer gives Sharon Flowers the opportunity to carry out the assignment. The customer undertakes to provide the necessary cooperation for the implementation of the agreement by Sharon Flowers. This includes:
7. a) Ensure that Sharon Flowers can have the approvals required for the assignment and the data to be provided for the assignment;
8. b) Ensure that work and/or deliveries to be carried out by third parties do not belong to Sharon Flowers' assignment are performed in such a way and in this way that the execution of the assignment is not delayed;
9. c) setting up the (work) place in such a way, in connection with the work on site, so that Sharon Flowers can immediately start with the assignment on arrival;
10. d) Sharon Flowers must at all times be able to enter the object to which or in which the work is being done. The customer must therefore be present during the execution of the assignment or to provide an access option, for example by making a key available.
11. If the obligations in paragraph 1 are not fulfilled (on time), the customer must inform Sharon Flowers in time. Sharon Flowers is entitled to charge the customer the additional costs involved, such as storage, travel or wage costs.
12. If the obligations in paragraph 1 are not fulfilled (on time), Sharon Flowers is not obliged to compensate the damage as a result of delay in the (OP) delivery to the customer.
13. Prior to implementation, the customer must provide the agreed and required information to Sharon Flowers. Sharon Flowers will assess this according to his best and warn the customer if there are inaccuracies. However, Sharon Flowers is not liable for damage that arises because work was nevertheless done immediately on the basis of incorrect goods and information by the customer.
14. The customer explicitly bears the risk of damage caused by:
15. a) inaccuracies in the constructions and methods required by the customer;
16. b) defects in the (in) movable property that or in which the assignment is carried out;
17. c) defects in materials or aids made available by the customer.
18. Article 7: 408 and 7: 764 of the Dutch Civil Code is explicitly excluded in the agreement; Interim cancellation is not possible to remain without the financial obligations.

 

6. Rental of goods

The provisions below also apply specifically for the rental of goods:

1. Not or late decrease by the customer of goods to be rented per delivery date, the start of the rental period does not affect the start of the rental period and therefore also the obligations of the customer - including the payment obligation with regard to the rental periods - under the agreement.
2. The customer is obliged to check the goods as possible upon delivery for defects. Any deviations, such as existing damage or defects, are noted on a forecast form and signed by both parties. If no a pre -inspection form is made up, the starting point applies that the goods have been issued in perfect, gift and undamaged condition. This can only be deviated from if the product photos of the offer (for example, quotation or website) can be clearly different.
3. As a good manager, the customer will take care of the goods, including, but not limited to, a clean storage protected from weather influences, efficient security and only use in accordance with the nature and destination of the good.
4. Changing the goods in nature or appearance, including the installation of decorations, is only permitted after prior written permission from Sharon Flowers.
5. If the customer wishes to move goods, for example because it will keep the office elsewhere, the express written permission of Sharon Flowers is required for this. The customer must inform Sharon Flowers in time about this. Due to the expertise of Sharon Flowers and the vulnerability of the goods, these actions are indicated by Sharon Flowers in the event of a relocation, by or on behalf of Sharon Flowers. The costs, work and necessary aids involved are borne by the customer.
6. The customer is not free to hide the goods to third parties or to give it (partly) use under whatever name.
7. In connection with the ownership of Sharon Flowers, the customer serves Sharon Flowers

to inform in time in the event of an imminent bankruptcy or suspension of payment or when

Third parties are in danger of losing the goods or wanting other rights to apply to it.

If third parties wish to assert rights in relation to the goods, the Customer is obliged to inform these third parties of the property rights of Sharon Flowers immediately. The customer must take all necessary and reasonable measures to limit breaches of the property right of Sharon Flowers as much as possible. Any possible

The costs arising are for the account of the customer.

8. The customer will strictly comply with all regulations, user regulations and instructions applicable to the goods, user instructions and instructions in these general terms and conditions and user manual of the goods. The customer is liable for all damage resulting from not or not fully complying with the above -mentioned user regulations and instructions.
9. In the event that the customer cannot use the goods, this is for his risk and therefore has no influence on his payment obligations, unless this impediment is the result of circumstances that can mainly be charged Sharon Flowers.
10. Until the time when the goods are back in the actual power of Sharon Flowers, the risk of loss, damage caused by or to the goods or destruction thereof is for the account of the customer. If Sharon Flowers cannot freely dispose of the goods at her first request in one of the aforementioned cases, the damage resulting for Sharon Flowers will be borne by the customer.
11. Without the permission of Sharon Flowers, the customer is not entitled to return the goods prematurely. Sharon Flowers is not obliged to accept the goods earlier than initially agreed. In the event of premature return of the goods, the customer is not entitled to partial refund.
12. Unless otherwise agreed, the customer himself is responsible for the return of the goods at Sharon Flowers. If the customer does not deliver the goods with all corresponding goods and documentation on time after termination of the agreement or the rental period, the customer owes Sharon Flowers a immediately due and payable fine of € 100 ex. VAT for each day or part thereof that he does not meet his delivery obligation. This fine applies without prejudice to Sharon Flowers' right to recover the actual damage suffered from the customer.
13. Immediately after termination of the agreement, the customer will deliver the goods at his expense and in good and original condition, with exempt to normal wear, to Sharon Flowers or a person designated by Sharon Flowers at the time and address to be specified by Sharon Flowers.
14. If the goods are in a different state at intake, then in the event of careful use and maintenance, and with due observance of the age of the goods, Sharon Flowers is entitled to charge the customer the value that results from this.

 

7. Retention of title
8. The ownership of the goods sold will only transfer to the customer, in contrast to the actual provision of power, after it has fully paid Sharon Flowers in this regard to the customer in this regard. This therefore not only includes the purchase price, but also any additional costs and extrajudicial collection costs.
9. Pursuant to this retention of title, the customer is therefore not entitled to alienate or objection the goods with, for example, a lien.
10. In connection with the effectiveness of the retention of title, the customer undertakes to inform Sharon Flowers in time and adequately in the event of an imminent bankruptcy, suspension of payment, debt restructuring or when third parties are in danger of seizing one of the goods delivered with retention of title. The Customer is also obliged to adequately insure it for damage and theft for the goods delivered under retention of title.
11. If the customer is in default in the fulfillment of any obligation under the agreement, the customer is obliged to provide all the necessary cooperation at the request of Sharon Flowers, so that Sharon Flowers can once again dispose of the delivered goods. This also means that at the request of Sharon Flowers, this means that the goods return at the expense of the customer.

 

8. Right of withdrawal
9. This article only applies to sale to a consumer and the agreement is not in the physical store, but remotely, for example via the webshop.
10. In principle, the consumer has the right to withdraw the agreement within a period of 14 days without giving reasons. However, the consumer does not have a right of withdrawal in the event that the purchase relates to goods manufactured according to the specifications of the consumer are not prefabricated and that are made on the basis of an individual choice or decision of the consumer, or that clearly for a specific person are intended. Neither does the consumer have a right to withdrawal in the event that it concerns the delivery of things that spoil quickly or that have a limited shelf life, such as flowers. Nor has the consumer a right to withdrawal in others in art. 6: 230o of the Dutch Civil Code.
11. The withdrawal period expires 14 days after the day on which the consumer or a third party designated by the consumer, who is not the carrier, is physically in possession or, for agreements in which the consumer has ordered several goods in the same order that are delivered separately, The day on which the consumer or a third party designated by the consumer, who is not the carrier, is physically in possession of the last delivered.
12. To exercise the right of withdrawal, the consumer must inform Sharon Flowers, via an unambiguous statement (eg in writing by post, fax or e-mail) of the decision to revoke the agreement. The consumer can use the attached model form for cancellation such as display at the bottom of these general terms and conditions and also through these linkCan be downloaded, but is not obliged to do so.
13. The cancellation has taken place within the specified period if the notification of the exercise of the right of withdrawal was sent by the consumer before the withdrawal period has expired.
14. If the consumer revokes the agreement, the consumer receives all payments that the consumer has made up to that moment, including delivery costs (with the exception of any additional costs as a result of the delivery chosen by the consumer other than the standard delivery offered by Sharon Flowers) Delicious and in any case no later than 14 days after Sharon Flowers has been informed of the consumer's decision to revoke the agreement, from Sharon Flowers back. Sharon Flowers pays the consumer back with the same means of payment as with which the consumer has performed the original transaction, unless the consumer has explicitly agreed to payment to a different means of payment; In any case, the consumer will not be charged any costs for such a reimbursement.
15. Sharon Flowers is entitled to suspend the reimbursement until the moment she has reclaimed the goods, or the consumer has shown that the consumer has returned the goods, depending on what time it first falls. Sharon Flowers will pick up the goods or the consumer must immediately, but in any case no later than 14 days after the day on which the consumer has communicated the agreement to Sharon Flowers, to send or hand over to Sharon Flowers returns to Sharon Flowers . The period for return shipment is met if the consumer returns the goods before the 14 -day period has expired. The direct costs of returning the goods are for the account of the consumer. The consumer is only liable for the value reduction of the goods that is the result of the use of the goods that goes beyond the nature, characteristics and operation of the goods.

 

9. Guarantee and liability
10. The customer is obliged to check the delivery and implementation immediately, but no later than within 24 hours for conformity with regard to quantity and quality of the goods. If the performance does not meet what may be expected on the basis of the agreement, and therefore there is a defect, the customer must be able to discover Sharon Flowers about this within 3 days of delivery or after she had reasonably discovered this defect.
11. After the provision of information as referred to in the previous paragraph, Sharon Flowers will repair or replace the defect free of charge free of charge. If none of the two remedies described above is sufficient to effectively remedy the defect, the customer has the right to terminate the agreement whereby the customer bears the costs for returning the delivered goods. The foregoing applies without the customer being entitled to any compensation.
12. If the defect has arisen due to an error that is attributed to the customer whether the customer has informed Sharon Flowers about the defect too late, the right to recovery, replacement or any dissolution as referred to in this article will lapse. The burden of proof regarding the allocation of the defect lies with the customer.
13. The existence of a defect does not suspend the payment obligation of the customer.
14. The customer is never entitled to any remedy if the article has been used incorrectly or carelessly.
15. If Sharon Flowers will be liable towards the customer without delay, this liability is at all times limited to the amount to which the professional or company liability insurance concluded by Sharon Flowers is entitled or, if the insurer would not be paid to the amount of any Increase invoice amount by 15%.
16. Sharon Flowers liability does not extend damage at all times and, subject to intent or gross negligence, also not to cause case damage, physical injury, immaterial damage or lost profit.
17. In all cases, the period within which Sharon Flowers for compensation for damage can be addressed is limited to 12 months after delivery.

 

10. Prices and payment
11. This agreement was concluded with mutual consent. By concluding the agreement, the parties consider the prices reasonable and fair.
12. Unless otherwise agreed, the customer must pay the sum owed in its entirety prior to delivery. If payment is made on invoice, it must be paid within 7 days of receipt by Girale transfer. Sharon Flowers is entitled to send the invoice immediately after the conclusion of the agreement.
13. If the agreed payment term is exceeded, Sharon Flowers is immediately entitled to charge the customer a default interest of 1% of the principal sum per month as well as one - not susceptible to moderation - amount for the extrajudicial collection costs. The latter costs amount to 15% of the principal sum with a minimum course of EUR. 150,- excluding VAT.
14. Without the explicit and written permission of Sharon Flowers, it is not permitted to be the customer with regard to his payment obligations settlement and/or suspension and/or deduction, the Customer cannot therefore claim any right of retention.

 

11. Termination of the agreement
12. Public agreements, which end through the course of time, such as the rental of (side) flower arrangements, the customer who acts in the conduct of his business or profession cannot be terminated in the interim and therefore only end only through the course of the agreed duration. The endurance agreements are tacitly extended for the same duration. Termination of a performance agreement takes place in writing by the end of the term with due observance of a period of at least 25% (a quarter) of the agreed duration, completed in whole months.
13. The customer has the right to terminate the agreement, not being a lasting agreement, at any time. In the event of one -sided termination, the customer owes at least the expenses mentioned in this article, without prejudice to the expenses actually incurred, damage suffered, wage or other legally regulated reimbursements. This reimbursement is based on the unexpectedly loss of the importance involved in the implementation of the agreement, such as retaining an employment for own and hired staff, which means that the associated knowledge, experience and availability can continue to be bound to Sharon Flowers or compensation for fixed Business resources so that Sharon Flowers can continue to bind the associated production capacity to her.
14. Cancellation of an assignment can be done by the customer up to a week before the agreed implementation date for an administrative reimbursement of EUR. 25,-. In the event of cancellation within a week but at the latest up to three days before the planned implementation date, 10% of the agreed principal sum is due. In the event of cancellation within three but no later than one day before the planned implementation date, 25% of the agreed principal sum is due. In the event of cancellation within a day before the planned implementation date, 50% of the agreed principal sum is due. In the event of cancellation after the execution of the assignment has already started, the customer owes at least 75% of the principal sum.
15. The execution of the assignment can be moved free of charge by the customer up to a week before the agreed implementation date, in consultation, to another date. When moving within a week but at the latest up to three days before the planned implementation date, 5% storage is due. When moving within three but no later than one day before the planned implementation date, 10% storage is due. When moving within a day before the planned implementation date, 20% storage is due. If after the relocation the assignment is still canceled, the customer will also owe the cancellation allowance in addition to the relocation allowance, from paragraph 3, whereby the first relocation date counts as a cancellation date in relation to the first planned implementation date.
16. Cancellation or relocation is only possible in the event of a written notification. The date of cancellation or relocation is the date on which the written cancellation was received by Sharon Flowers. The cancellation costs are immediately due and due and payable.
17. Sharon Flowers has the right to terminate the agreement with the customer with immediate effect for the future by means of a written notification without (further) prior notice of default if: the customer is granted (whether or not for the time being) a suspension of payment or the customer in State of Bankruptcy is stated, the customer submits a request for the application of a debt restructuring scheme whether the customer is being put under guardianship or regime.
18. In the event of termination of the agreement, all payments owed by the customer to Sharon Flowers are immediately claimable and in full. If the work is not fully completed, the customer is a proportional part, to be determined by Sharon Flowers, of the total sum of money.
19. In the event of termination of the Agreement, the customer will deliver all the necessary cooperation at the request of Sharon Flowers, so that Sharon Flowers can once again dispose of the goods delivered under retention of title.

 

12. Privacy
13. The agreement with the customer is archived for administrative obligations, among other things. The customer can request the agreement at any time by e-mail from Sharon Flowers at any time. All personal data is only used for the handling of the order and will never be made available to third parties. 
14. The Sharon Flowers site may contain advertisements from third parties or couplings to other sites. Sharon Flowers is not responsible for the privacy policy of these sites.

 

13. Force majeur
14. Force majeure is understood to mean, in addition to what is understood in this regard and case law, all external causes, foreseen or not foreseen, on which Sharon Flowers cannot influence. This will also include strikes, traffic disruptions, unforeseeable stagnation, malfunctions in the supply of energy, transport difficulties, fire, loss or damage to transport, epidemics, pandemies, illness and government measures.
    2. During force majeure, obligations of Sharon Flowers are suspended. If fulfillment due to force majeure is impossible for more than one month or there are other circumstances that make it disproportionately heavy for Sharon Flowers to meet its obligations, Sharon Flowers is authorized to fully or partially or partially without judicial intervention dissolving, without an obligation to pay compensation in that case.
    3. If Sharon Flowers has already partially fulfilled its obligations upon the occurrence of force majeure, it is entitled to credit the part already delivered or performed separately, or to partially credit in deposits.

 

14. Intellectual property rights
15. The brands, images, logos and photos that are used and shown on the Sharon Flowers website are registered or non -registered brands of Sharon Flowers or of which Sharon Flowers has the exclusive user right in the Netherlands. These trademark rights may not be used without prior permission from Sharon Flowers.
16. When the customer makes a design or Sharon Flowers instructs a specific design, Sharon Flowers assumes that the customer is entitled to start the production of the relevant (image) brand, image, logo or photo. It may therefore be the case that the Customer, if they have (image) brand, image, logo or photo upload, must have permission from a company, license holder or other copyright owner. Sharon Flowers assumes that uploaded/provided (image) brands, images, logos or photos are used lawfully. The customer is responsible for any infringements of intellectual property and indemnifies Sharon Flowers about this.

 

15. Forum, choice of law and transfer of rights
    1. Sharon Flowers is authorized to transfer its rights and obligations under this agreement to third parties. The customer is only authorized to transfer its rights and obligations to a third party with written permission from Sharon Flowers.
16. This - and other between the parties concluded - agreement (s) is exclusively governed by Dutch law, with the express exception of the Vienna Sales Convention. If an obligation arises in the future between the parties, other than arising from an agreement, then that obligation also applies Dutch law.
17. In the event that a dispute arises from the agreement between the parties, the exclusively absolutely competent court is the court of the district under which the location of Sharon Flowers falls. In the event that a dispute arises between the parties regarding non-contractual commitments, the exclusively competent court is also the judge of the district under which the location of Sharon Flowers falls.

 

a These general terms and conditions have been drawn up by Bleijerveld Legal Advice www.bleijerveldjuridischadvies.nl