Terms of service

1. Parties
2. Sharon Flowers by Alfra: Sharon Flowers, registered with the Chamber of Commerce under number 37055526, established in Broek op Langedijk at the Marktplein 85 (1721 CK), user of these general terms and conditions.
3. Further data from Sharon Flowers:

Website: www.sharonflowers.nl

Email: info@sharonflowers.nl

Phone number: 06 – 38 14 92 48

VAT identification number: 804866466B01

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

1. Applicability
2. Sharon Flowers declares these general terms and conditions applicable to every offer from Sharon Flowers and, whether or not resulting therefrom, agreements that the parties have entered into with each other. Insofar as the content of these has not been changed, these general terms and conditions will also apply to future contractual relationships between the parties.
3. Deviations from these terms and conditions only apply insofar as they have been expressly agreed in writing by the parties.
4. General (purchase) conditions of the Customer are expressly rejected.
5. Third parties involved by Sharon Flowers in the execution of the agreement can also invoke these general terms and conditions. Sharon Flowers cannot be held liable where third-party services are used.
6. If one or more (part(s)) of the provisions of these general terms and conditions are invalid or destroyed, the other provisions of these general terms and conditions will continue to apply. The parties will then enter into consultation to agree on new rules to replace the void or voided provisions, in which the aim and purport of the void or voided provisions will be expressed as much as possible.

1. Offer and agreement
2. Every offer, in the form of a quotation, displayed on the website or otherwise, is wholly and unconditionally non-binding and revocable, unless otherwise indicated in writing by Sharon Flowers.
3. Each offer is only valid as long as stocks last. The agreement is therefore expressly entered into under the suspensive and/or resolutive condition of sufficient availability of Goods. If Sharon Flowers has to invoke this provision, the Customer is not entitled to compensation.
4. The prices as stated on the website or in another form of an offer are, unless stated otherwise, in Euro and exclusive of VAT and subject to levies, excise duties, surcharges and other factors.
5. All statements by Sharon Flowers of numbers, sizes, weights and color of the articles in the designs, drawings, images and photos shown or provided are only indications. A minor deviation from this in the delivered article does not lead to a shortcoming in the fulfillment of the agreement on the part of Sharon Flowers.
6. An offer does not automatically apply to repeat orders.
7. Obvious clerical errors and errors in the offer are not binding on Sharon Flowers.
8. The agreement is concluded:

Order via the webshop: The agreement is concluded at the moment that the Customer has correctly completed the ordering procedure on the Sharon Flowers website and after the confirmation email sent by Sharon Flowers of the agreement has been sent to the mailbox of the email address provided by the Customer. has arrived.

Order other than via the webshop: The agreement is concluded after both parties have signed a written offer, after Sharon Flowers has confirmed a written acceptance or after Sharon Flowers, or a third party on its behalf, has started the execution.

1. Delivery/Execution of the Agreement
2. Sharon Flowers will try to fulfill the agreement within the indicated/estimated term. This term is not fatal, as a result of which the Customer must always first declare Sharon Flowers in default, whereby a considerable and reasonable term must be set for compliance, before being able to proceed with any remedy.
3. If Sharon Flowers takes care of the delivery/delivery, the Customer must provide a delivery address where Sharon Flowers can deliver/deliver the Goods on the specified date. If the Customer is not present on the date specified when the Goods are delivered, the costs of presenting the Goods will be borne by the Customer at a subsequent time. The Customer will then receive a message that the order can be collected from Sharon Flowers.
4. Sharon Flowers will take custody of the Goods for one month from the time of the agreed delivery date. After the expiry of the term referred to in this article, Sharon Flowers is free to destroy the Goods or transfer them to third parties.
5. Sharon Flowers is free to have the order and/or delivery carried out by third parties. art. 7:404 Dutch Civil Code is expressly excluded in the agreement.
6. Delivery of Goods will only take place after the agreement has been concluded. The risk of loss or diminution in value of the Goods to be delivered shall pass to the Customer from the time they have been or would be made available to him, but this time has been delayed under the Customer's responsibility. This irrespective of whether the transfer of ownership has already taken place.

1. Customer Commitments
2. 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, among other things:
3. a) Ensure that Sharon Flowers has timely access to the approvals required for the assignment and the information to be provided for the assignment;
4. b) Ensure that work and/or deliveries to be performed by third parties, which do not belong to the assignment of Sharon Flowers, are carried out in such a way and in such a timely manner that the execution of the assignment is not delayed;
5. c) Setting up the (workshop) place in such a way, in connection with the work on site, so that Sharon Flowers can immediately start with the assignment upon arrival;
6. d) Sharon Flowers must be able to enter the object on which or in which the work is performed at all times. The Client must therefore be present during the execution of the order or provide an access option, for example by making a key available.
7. If the obligations in paragraph 1 are not fulfilled (on time), the Customer must inform Sharon Flowers about this in good time. Sharon Flowers is entitled to charge the Customer for the additional costs involved, such as storage, travel or wage costs as a result.
8. If the obligations in paragraph 1 are not fulfilled (on time), Sharon Flowers is not obliged to compensate the damage as a result of a delay in the delivery or completion to the Customer.
9. Prior to the execution, the Customer must provide Sharon Flowers with the agreed and required information. Sharon Flowers will assess these to the best of its knowledge and warn the Customer if there are inaccuracies. However, Sharon Flowers is not liable for damage that arises because work was carried out without delay on the basis of incorrectly provided matters and information by the Customer.
10. The Customer expressly bears the risk for damage caused by:
11. a) Inaccuracies in the constructions and working methods required by the Customer;
12. b) Defects in the (im)movable property to which or in which the assignment is performed;
13. c) Defects in materials or aids made available by the Customer.
14. Art 7:408 and 7:764 of the Dutch Civil Code is expressly excluded in the agreement; early termination is not possible without being bound by the financial obligations.

1. Rental of Goods

The following provisions also apply specifically to the rental of Goods:

1. Non-acceptance or late acceptance by the Customer of the Goods to be rented on the date of delivery does not affect the commencement of the rental period and thus also the obligations of the Customer – including expressly the payment obligation with regard to the rental periods – under the agreement.
2. The Customer is obliged to inspect the Goods for defects as far as possible upon delivery. Any deviations, such as existing damage or defects, will be noted on a pre-inspection form and signed by both parties. If no pre-inspection form has been drawn up, the assumption is that the Goods have been handed over in perfect, undamaged and undamaged condition. It is only possible to deviate from this if the product photos of the offer (for example quotation or website) clearly show otherwise.
3. The Customer will take care of the Goods as a good manager, including, but not limited to, clean storage protected from the weather, effective security and only use in accordance with the nature and purpose of the Good.
4. Changing the nature or appearance of the Goods, including the application of decorations, is only permitted with the prior written consent of Sharon Flowers.
5. If the Customer wishes to move Goods, for example because it will have its office elsewhere, the express written permission of Sharon Flowers is required. The Customer must inform Sharon Flowers about this in good time. Due to the expertise of Sharon Flowers and the fragility of the Goods, these actions are performed by or on behalf of Sharon Flowers, unless otherwise indicated by Sharon Flowers. The costs, labor and necessary resources involved are for the account of the Customer.
6. The Customer is not free to sublet the Goods to third parties or to give them in (joint) use under any name whatsoever.
7. In connection with the property rights of Sharon Flowers, the Customer must serve Sharon Flowers

timely information in the event of an imminent bankruptcy or suspension of payments or when

third parties threaten to seize the Goods or to assert other rights thereto.

If third parties wish to assert rights with regard to the Goods, the Customer is obliged to immediately inform these third parties of the property rights of Sharon Flowers. The Customer must take all necessary and reasonable measures to limit infringements of the property rights of Sharon Flowers as much as possible. The possibly from this

ensuing costs are for the account of the Customer.

1. The Customer will strictly comply with all regulations, usage instructions and instructions applicable to the Goods, including the instructions given in these general terms and conditions and the instructions for use of the Goods. The Customer is liable for all damage resulting from non-compliance or incomplete compliance with the above instructions for use and instructions.
2. In the event that the Customer is unable to use the Goods, this is at his risk and therefore does not affect his payment obligations, unless this impediment is the result of circumstances that can mainly be attributed to Sharon Flowers.
3. Until the time when the Goods are again in the actual control of Sharon Flowers, the risk of loss, damage 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 its first request in one of the aforementioned cases, the resulting damage for Sharon Flowers will be borne by the Customer.
4. The Customer is not entitled to return the Goods prematurely without Sharon Flowers' permission. 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 a partial refund.
5. Unless otherwise agreed, the Customer is responsible for the return of the Goods to Sharon Flowers. If the Customer does not deliver the Goods with all associated items and documentation on time after termination of the agreement or the rental period, the Customer owes Sharon Flowers an 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 the right of Sharon Flowers to recover the actual damage suffered from the Customer.
6. Immediately after termination of the agreement, the Customer will deliver the Goods at his expense and in good and original condition, with the exception of normal wear and tear, to Sharon Flowers or a person designated by Sharon Flowers at the time and address to be indicated by Sharon Flowers.
7. If the Goods are in a different condition upon receipt, than may be expected with careful use and maintenance, and taking into account the age of the Goods, Sharon Flowers is entitled to charge the Customer for the depreciation resulting from this.

1. Retention of title
2. The ownership of the sold Goods, in contrast to the actual transfer of power, only transfers to the Customer after he has fully paid all that which the Customer owes or will owe to Sharon Flowers under the agreement. This therefore includes not only the purchase price, but also any additional costs and extrajudicial collection costs.
3. Pursuant to this retention of title, the Customer is therefore not entitled to alienate or encumber the Goods with, for example, a pledge.
4. In connection with the effectiveness of the retention of title, the Customer undertakes to timely and adequately inform Sharon Flowers in the event of an impending bankruptcy, suspension of payment, debt restructuring or when third parties threaten to seize one of the Goods delivered with retention of title. The Customer is also obliged to adequately insure the goods delivered under retention of title against damage and theft.
5. If the Customer is in default in the fulfillment of any obligation under the agreement, the Customer is obliged to provide all necessary cooperation at the request of Sharon Flowers, so that Sharon Flowers can again dispose of the delivered Goods unencumbered. This also includes any obligation to return the Goods at the request of Sharon Flowers at the expense of the Customer.

1. Right of withdrawal
2. This article only applies to sales to a Consumer and the agreement is not concluded in the physical store, but at a distance, for example via the webshop.
3. In principle, the Consumer has the right to withdraw from the agreement within a period of 14 days without stating reasons. However, the Consumer has no right of withdrawal in case the purchase relates to Goods that are manufactured according to the Consumer's specifications, are not prefabricated and that are manufactured on the basis of an individual choice or decision of the Consumer, or that are clearly for a intended for a specific person. Nor does the Consumer have a right of withdrawal in the event that it concerns the delivery of items that spoil quickly or that have a limited shelf life, such as flowers. Nor does the Consumer have a right of withdrawal in other terms in art. 6:230o BW mentioned cases.
4. 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, takes physical possession of the Good or, for agreements where 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, takes physical possession of the last Good delivered.
5. In order to exercise the right of withdrawal, the Consumer must inform Sharon Flowers of the decision to withdraw from the agreement by means of an unambiguous statement (eg in writing by post, fax or e-mail). The Consumer can use the attached model withdrawal form as shown at the bottom of these general terms and conditions and which is also available through theselinkcan be downloaded, but is not required to do so.
6. The revocation has taken place within the specified period if the communication concerning the exercise of the right of withdrawal has been sent by the Consumer before the withdrawal period has expired.
7. If the Consumer withdraws from the agreement, the Consumer will receive all payments made by the Consumer up to that point, including delivery costs (with the exception of any additional costs resulting from the delivery chosen by the Consumer other than the standard delivery offered by Sharon Flowers). immediately and in any event no later than 14 days after Sharon Flowers has been informed of the Consumer's decision to withdraw from the agreement, from Sharon Flowers. Sharon Flowers will refund the Consumer with the same payment method as the Consumer used for the original transaction, unless the Consumer has expressly agreed to payment in another payment method; in any event, the Consumer will not be charged for such reimbursement.
8. Sharon Flowers is entitled to suspend the refund until it has received the Goods back, or the Consumer has demonstrated that the Consumer has returned the Goods, whichever comes first. Sharon Flowers will collect the Goods or the Consumer must return or hand over the Goods to Sharon Flowers without delay, but in any case no later than 14 days after the day on which the Consumer has notified Sharon Flowers of the decision to withdraw from the agreement. . The return period is met if the Consumer returns the Goods before the 14-day period has expired. The direct costs of returning the Goods will be borne by the Consumer. The Consumer is only liable for any diminished value of the Goods resulting from the use of the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

1. Warranty and Liability
2. The Customer is obliged to check the delivery and execution immediately, but at the latest within 24 hours for conformity with regard to the quantity and quality of the Goods. If the performance does not comply with what could be expected on the basis of the agreement, and there is therefore a defect, the Customer must inform Sharon Flowers about this within 3 days after delivery or after it could reasonably have discovered this defect.
3. After the provision of information as referred to in the previous paragraph, Sharon Flowers will reasonably repair or replace the defect free of charge. If neither of the two remedies described above is sufficient to effectively remedy the defect, the Customer has the right to dissolve the agreement, whereby the Customer bears the costs for returning the delivered goods. The foregoing applies without the Customer being entitled to any compensation.
4. If the defect is caused by an error attributable to the Customer or the Customer has informed Sharon Flowers about the defect too late, the right to repair, replacement or possible dissolution as referred to in this article lapses. The burden of proof regarding the attribution of the defect lies with the Customer.
5. The existence of a defect does not suspend the Customer's payment obligation.
6. The Customer is never entitled to any remedy if the article has been used incorrectly or carelessly.
7. If Sharon Flowers is immediately liable towards the Customer, this liability is at all times limited to the amount to which the professional or business liability insurance concluded by Sharon Flowers gives entitlement or, if the insurer does not pay out, to the amount of any invoice amount to be increased by 15%.
8. Sharon Flowers' liability does not extend to consequential damage at all times and, except for intent or gross negligence, also not to property damage, physical injury, immaterial damage or lost profit.
9. In all cases, the term within which Sharon Flowers can be held liable for compensation for damage is limited to 12 months after delivery.

1. Prices and payment
2. This agreement has been concluded by mutual consent. By concluding the agreement, the parties consider the prices reasonable and fair.
3. Unless otherwise agreed, the Customer must pay the amount due in full prior to delivery. If payment is made on invoice, it must be paid within 7 days of receipt thereof by means of wire transfer. Sharon Flowers is entitled to send the invoice immediately after the agreement has been concluded.
4. If the agreed payment term is exceeded, Sharon Flowers is immediately entitled to charge the Customer a default interest of 1% of the principal per month as well as an amount - not subject to moderation - for the extrajudicial collection costs. The latter costs amount to 15% of the principal due, with a minimum amount of EUR. 150,- excluding VAT.
5. Without the express written permission of Sharon Flowers, the Customer is not permitted to apply settlement and/or suspension and/or withholding of his payment obligations. The Customer can therefore not claim any right of retention.

1. Termination of the agreement
2. Duration agreements that end with the passage of time, such as the rental of (silk) flower arrangements, cannot be terminated prematurely by the Customer acting in the course of his business or profession and therefore only end after the expiry of the agreed term. The continuing performance contracts are tacitly renewed each time for the same duration. Termination of a continuing performance contract takes place in writing towards the end of the term, with due observance of a period of at least 25% (a quarter) of the agreed term, rounded in whole months.
3. The Customer has the right to terminate the agreement, not being a continuing performance agreement, at any time. In the event of unilateral termination, the Client owes at least the expenses referred to in this article, without prejudice to the expenses actually incurred, damage suffered, wages owed or other legally regulated compensation. This compensation is based on the unexpected disappearance of the interest involved in the execution of the agreement, such as keeping employment for own and hired personnel, so that the associated knowledge, experience and availability can continue to be bound to Sharon Flowers or compensation for permanent assets so that Sharon Flowers can continue to tie the associated production capacity to her.
4. The Client can cancel an order up to one week before the agreed execution date for an administrative fee of EUR. 25,-. In the event of cancellation within a week, but no later than 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 execution date, 25% of the agreed principal sum is due. In the event of cancellation within one day before the planned execution date, 50% of the agreed principal sum is due. In the event of cancellation after the execution of the order has already started, the Client owes at least 75% of the principal.
5. The execution of the order can be moved by the Client to another date free of charge up to a week before the agreed execution date, in consultation. In case of relocation within a week, but no later than three days before the planned execution date, a 5% surcharge is due. In case of relocation within three but no later than one day before the planned execution date, a 10% surcharge is due. In case of relocation within one day before the planned execution date, a 20% surcharge is due. If the order is canceled after the relocation, in addition to the relocation fee, the Client also owes the cancellation fee under article paragraph 3, whereby the first relocation date applies as the cancellation date in proportion to the first planned execution date.
6. Cancellation or relocation is only possible with written notice. The date on which the written cancellation is received by Sharon Flowers is considered to be the date of cancellation or relocation. The cancellation costs are immediately due and payable upon cancellation.
7. Sharon Flowers has the right to dissolve the agreement with the Customer with immediate effect for the future by means of written notification without (further) prior notice of default if: The Customer is granted a (temporary or otherwise) suspension of payment or the Customer is is declared bankrupt, the Client submits a request to apply a debt rescheduling scheme or the Client is placed under guardianship or administration.
8. In the event of termination of the agreement, all payments owed by the Customer to Sharon Flowers are immediately due and payable in full. If the work is not fully completed, the Customer owes a proportional part, to be determined by Sharon Flowers, of the total sum of money.
9. In the event of termination of the agreement, the Customer will provide all necessary cooperation at the request of Sharon Flowers, so that Sharon Flowers can once again dispose of the goods delivered subject to retention of title unencumbered.

1. Privacy
2. The agreement with the Customer is archived for administrative obligations, among other things. The Customer can request the agreement from Sharon Flowers at any time afterwards by e-mail. All personal data will only be used for processing the order and will never be made available to third parties.
3. The Sharon Flowers site may contain advertisements from third parties or links to other sites. Sharon Flowers is not responsible for the privacy policies of these sites.

1. Force majeur
2. Force majeure is understood to mean, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, on which Sharon Flowers has no influence. This will also include strikes, traffic disruptions, unforeseeable stagnation, disruptions in the supply of energy, transport difficulties, fire, loss or damage during transport, epidemics, pandemics, illness and government measures.
   2. During force majeure, Sharon Flowers' obligations are suspended. If fulfillment due to force majeure is impossible for longer than one month or if there are other circumstances that make it disproportionately difficult for Sharon Flowers to fulfill its obligations, Sharon Flowers is authorized to terminate the agreement in whole or in part by means of a notification to the Customer and without judicial intervention. terminate, without there being any obligation to pay compensation in that case.
   3. If Sharon Flowers has already partially fulfilled its obligations when the force majeure occurs, it is entitled to invoice the part already delivered or performed separately, or to partially credit it in the case of down payments.

1. Intellectual property rights
2. The brands, images, logos and photos that are used and displayed on the Sharon Flowers website are registered or unregistered trademarks of Sharon Flowers or of which Sharon Flowers has the exclusive right of use in the Netherlands. These trademark rights may not be used without prior permission from Sharon Flowers.
3. When the Customer makes a design itself or instructs Sharon Flowers to make 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 Client, if it uploads a (figurative) brand, image, logo or photo, must have permission from a company, licensee 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 in this regard.

1. 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 the written permission of Sharon Flowers.
2. This - and other agreement(s) concluded between the parties - is exclusively governed by Dutch law, with the explicit exception of the Vienna Sales Convention. Should an obligation arise between the parties in the future, other than arising from an agreement, then Dutch law also applies to that obligation.
3. In the event that a dispute arises from the agreement between the parties, the exclusive and absolute competent court is the court of the district where Sharon Flowers is located. In the event that a dispute arises between the parties regarding non-contractual obligations, the exclusive and absolute competent court is also the court of the district where Sharon Flowers is located.

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