Terms and Conditions

General Terms and Conditions of the Webshop Quality Mark Foundation

These General Terms and Conditions of the Webshop Quality Mark Foundation have been established in consultation with the Consumers' Association and NTO within the framework of the Coordination Group for Self-Regulation (CZ) of the Social and Economic Council and come into effect for the Webshop Quality Mark Foundation on July 1, 2012.

These General Terms and Conditions will be used by all members of the Webshop Quality Mark Foundation, except for financial services as defined in the Financial Supervision Act and to the extent that these services are supervised by the Financial Markets Authority.

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 the event of Withdrawal

ARTICLE 8 - Exclusion of the Right of Withdrawal

ARTICLE 9 - The Price

ARTICLE 10 - Conformity and Warranty

ARTICLE 11 - Delivery and Performance

ARTICLE 12 - Duration of Transactions, Termination, and Extension

ARTICLE 13 – Payment

ARTICLE 14 – Complaints Procedure

ARTICLE 15 - Disputes

ARTICLE 16 – Industry Guarantee

ARTICLE 17 - Additional or Deviating Provisions

ARTICLE 18 - Modification of the General Terms and Conditions

Webshop Quality Mark Foundation

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous transaction: a distance contract concerning a series of products and/or services, the delivery and/or performance obligations of which are spread over time;

Durable data carrier: any medium that enables the consumer or entrepreneur to store information addressed to them personally in a manner that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer's ability to cancel the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who is a member of the Webshop Quality Mark Foundation and offers products and/or services remotely to consumers;

Distance contract: a contract in which, as part of a system organized by the entrepreneur for remote sales of products and/or services, the agreement is concluded exclusively through one or more remote communication techniques;

Remote communication technique: a method that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Entrepreneur's name: A&A Artistics BV

Business address:

Herengracht 449A

1017 BR Amsterdam

Visiting address:

Scherpeweide 9

6921SB Duiven

Phone number: 085-2732330 from Monday to Saturday, 8:00 AM to 5:00 PM

Email address: sales@flowers.nl

Chamber of Commerce number: 09064491

VAT identification number: NL 806395965B01

If the entrepreneur's activity is subject to a relevant licensing system: details of the supervisory authority:

If the entrepreneur practices a regulated profession:

- the professional association or organization they are a member of; Coop.Fleurop Interfloral Nederland U.A.

- the professional title, the location in the EU or the European Economic Area where it was granted;

- a reference to the professional rules applicable in the Netherlands and guidance on where and how these professional rules can be accessed.

ARTICLE 3 – APPLICABILITY

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before the distance contract is concluded that the general terms and conditions are available from the entrepreneur and will be sent free of charge to the consumer as soon as possible upon request.

3. If the distance contract is concluded electronically, the text of these general terms and conditions can, by way of exception, and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, it will be stated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or in another manner upon request.

4. In case specific product or service terms and conditions also apply, the second and third sections will apply accordingly, and the consumer may, in the case of conflicting general terms and conditions, always invoke the provision that is most favorable to them.

ARTICLE 4 - THE OFFER

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make an informed judgment about the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

3. Each offer contains information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This specifically includes:

- the price including taxes;

- any delivery costs;

- the way the agreement will be concluded and the actions required;

- whether the right of withdrawal applies;

- the method of payment, delivery, and execution of the agreement;

- the period for acceptance of the offer or the period during which the entrepreneur guarantees the price;

- the rate for communication via remote techniques if the cost of using the communication technique is based on something other than the regular base rate for the used communication method;

- whether the agreement is archived after it is concluded, and if so, how the consumer can consult it;

- how the consumer can check and, if desired, correct the information provided by them in connection with the agreement before concluding the contract;

- any other languages in which, besides Dutch, the agreement can be concluded;

- the codes of conduct to which the entrepreneur is subject and how the consumer can access these codes electronically;

- the minimum duration of the distance agreement in the case of a continuous transaction.

ARTICLE 5 - THE AGREEMENT

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out therein.

2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

4. The entrepreneur may, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as any facts and factors that are relevant for responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reason or to attach special conditions to the execution.

5. The entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, along with the product or service:

a. The visit address of the entrepreneur's establishment where the consumer can submit complaints;

b. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. Information on warranties and existing after-sales service;

d. The information included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

e. The requirements for cancellation of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

ARTICLE 6 - RIGHT OF WITHDRAWAL

For the delivery of products:

1. When purchasing products, the consumer has the option to cancel the agreement without stating a reason within 14 days. This reflection period starts the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur.

2. During the reflection period, the consumer will handle the product and the packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer uses their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging, according to the reasonable and clear instructions provided by the entrepreneur.

For the delivery of services:

3. When delivering services, the consumer has the option to cancel the agreement without stating a reason for at least fourteen days, starting from the day of entering into the agreement.

4. To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.

ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL

1. If the consumer exercises their right of withdrawal, the maximum cost of returning the goods will be at their expense.

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 return or withdrawal.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

1. The entrepreneur can exclude the consumer's right of withdrawal as provided in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

2. The right of withdrawal can only be excluded for products:

a. that were created by the entrepreneur according to the consumer's specifications;

b. that are clearly personal in nature;

c. that by their nature cannot be returned;

d. that can spoil or age quickly;

e. whose price is subject to fluctuations in the financial market which the entrepreneur cannot influence;

f. for single newspapers and magazines;

g. for audio and video recordings and computer software where the consumer has broken the seal.

3. The right of withdrawal can only be excluded for services:

a. relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;

b. whose delivery has begun with the express consent of the consumer before the reflection period has expired;

c. related to bets and lotteries.

ARTICLE 9 - THE PRICE

1. During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, which the entrepreneur cannot influence, at variable prices. This dependency on fluctuations and the fact that any listed prices are indicative will be mentioned in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

4. Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

a. they are the result of legal regulations or provisions; or

b. the consumer has the right to terminate the agreement as of the day the price increase takes effect.

5. The prices stated in the offer of products or services are inclusive of VAT.

ARTICLE 10 - COMPLIANCE AND WARRANTY

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement.

ARTICLE 11 - DELIVERY AND PERFORMANCE

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.

2. The place of delivery is the address specified by the consumer to the company.

3. In accordance with the provisions of Article 4 of these terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or only partially fulfilled, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the agreement without cost and is entitled to any compensation.

4. In the case of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.

5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. No later than at the time of delivery, it will be clearly and understandably indicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.

6. The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and known to the entrepreneur, unless explicitly agreed otherwise.

ARTICLE 12 - DURATION TRANSACTIONS, TERM, TERMINATION, AND EXTENSION

Termination

1. The consumer can terminate an agreement entered into for an indefinite period that is intended for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month.

2. The consumer can terminate an agreement entered into for a definite period that is intended for the regular delivery of products (including electricity) or services at any time, at the end of the definite term, subject to the agreed termination rules and a maximum notice period of one month.

3. The consumer can terminate the agreements mentioned in the previous sections:

- at any time and is not restricted to termination at a specific time or within a specific period;

- at least in the same manner as the consumer entered into them;

- always with the same notice period as the entrepreneur has set for themselves.

Extension

4. An agreement entered into for a definite period that is intended for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a definite period.

5. Notwithstanding the previous paragraph, an agreement entered into for a definite period that is intended for the regular delivery of daily, weekly newspapers and magazines may be automatically extended for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

6. An agreement entered into for a definite period that is intended for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate the agreement at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement is for the regular delivery of daily, weekly newspapers, and magazines less than once a month.

7. An agreement with a limited duration for the regular introductory delivery of daily, weekly newspapers, and magazines (trial or introductory subscription) will not be automatically extended and will terminate after the trial or introductory period ends.

Duration

8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reason and fairness prevent termination before the agreed term ends.

ARTICLE 13 - PAYMENT

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.

2. In the sale of products to consumers, advance payment of more than 50% may never be required in the general terms and conditions. If an advance payment is required, the consumer cannot claim any rights regarding the execution of the respective order or service(s) before the agreed advance payment has been made.

3. The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the provided or stated payment details.

4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs, as previously disclosed to the consumer.

ARTICLE 14 - COMPLAINTS PROCEDURE

1. The entrepreneur has a sufficiently publicized complaints procedure and will handle complaints in accordance with this complaints procedure.

2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

4. A complaint about a product, service, or the entrepreneur's service can also be submitted via the complaint form on the website of the Webshop Quality Mark Foundation at www.keurmerk.info. The complaint will be sent to both the relevant entrepreneur and the Webshop Quality Mark Foundation.

5. If the complaint cannot be resolved by mutual agreement, it will lead to a dispute that is subject to the dispute resolution procedure.

ARTICLE 15 - DISPUTES

1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

2. Disputes between the consumer and the entrepreneur regarding the formation or execution of agreements related to products and services to be delivered or delivered by the entrepreneur can, subject to the provisions below, be submitted by either the consumer or the entrepreneur to the Webshop Disputes Committee, Postbus 90600, 2509 LP, The Hague (www.sgc.nl).

3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.

4. A dispute must be submitted to the Disputes Committee within three months of the dispute arising.

5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must express in writing within five weeks whether they also wish to have the dispute dealt with by the competent court. If the entrepreneur does not hear from the consumer within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.

6. The Disputes Committee will rule according to the conditions laid down in the Disputes Committee's regulations. The decisions of the Disputes Committee will be made as binding advice.

7. The Disputes Committee will not handle a dispute or will suspend the handling of a dispute if the entrepreneur has been granted a suspension of payments, has entered bankruptcy, or has effectively ceased business activities before a dispute has been dealt with in a session and a final ruling has been made.

8. If, in addition to the Webshop Disputes Committee, another recognized or affiliated disputes committee under the Consumer Disputes Foundation (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Webshop Disputes Committee will have exclusive jurisdiction for disputes mainly related to the method of distance sales or service delivery. For all other disputes, the other recognized committee affiliated with SGC or Kifid will be competent.

ARTICLE 16 - INDUSTRY WARRANTY

1. The Webshop Quality Mark Foundation guarantees the compliance of the binding advice of the Webshop Disputes Committee by its members, unless the member decides to submit the binding advice to the court within two months of its issuance. This guarantee is reinstated if the binding advice remains in force after court review and the judgment is final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid by the Webshop Quality Mark Foundation to the consumer. For amounts over €10,000 per binding advice, €10,000 will be paid. For the excess, the Webshop Quality Mark Foundation has a duty of effort to ensure the member complies with the binding advice.

2. To apply this guarantee, the consumer must submit a written claim to the Webshop Quality Mark Foundation and transfer their claim against the entrepreneur to the Webshop Quality Mark Foundation. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered the opportunity to transfer the claim above €10,000 to the Webshop Quality Mark Foundation, after which this organization will seek payment on behalf of the consumer.

ARTICLE 17 - ADDITIONAL OR DEVIATING PROVISIONS

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

ARTICLE 18 - AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF THE WEBSHOP QUALITY MARK

1. The Webshop Quality Mark Foundation will not amend these general terms and conditions without consulting the Consumers' Association.

2. Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, provided that during the term of an offer, the most favorable provision for the consumer will prevail.

Address of the Webshop Quality Mark Foundation:

Willemsparkweg 193, 1071 HA Amsterdam

Last modification: July 1, 2012