ARTICLE 1:
The general terms and conditions of sale of Flowersbelgium are always available
for consultation by any customer who places an order via our website. Consequently,
the placing of an order implies the full and unconditional acceptance of these general
sales conditions, notwithstanding any other documents, such as sales brochures or
catalogues issued by the vendor, which have only an indicative value.
The buyer may therefore not impose any contrary conditions on the vendor, unless
expressly accepted, regardless of when they were brought to his attention.
The fact that, at any given point in time, the vendor may not have imposed one or
several of the present general conditions, does not imply that he renounces his
right to impose the condition or condition in question at a later date.
ARTICLE 2:
Obtaining information and placing orders
The customer/buyer is responsible for the information that he or she enters when
an order is placed. If the details of the order entered are incorrect or incomplete,
Flowersbelgium cannot be held responsible for the failure to deliver or for late
delivery. Orders are only accepted and definitive if payment is made and confirmed
by the customer.
The products delivered may vary depending on the available stock and the season.
This also applies for the choice of colours. Product offers are limited according
to the stocks available. If stocks are sold out, the vendor reserves the right to
deliver a product with identical characteristics in terms of volume and quality.
The buyer may not cancel or modify his order and the sums paid will not be reimbursed.
Should a product not be available, Flowersbelgium is entitled to deliver a product
with the same characteristics in terms of volume and quality.
Flowersbelgium guarantees the confidentiality of the data entered by the purchaser.
These data will not be passed on to third parties under any circumstances.
ARTICLE 3:
Delivery is considered to have been made within the specified lead time either by
the direct delivery of the product to the declared address, or where the addressee
is absent, by notification of the product’s availability.
Collection should
then be made within two days, in view of the perishable nature of the product. Lead
times are given as accurately as possible. Late deliveries will not give rise to
the payment of damages. However, if 24 hours after the specified delivery time,
the product has not been delivered, for any other reason than force majeure, the
sale may be cancelled and the value of the order reimbursed to the buyer, exclusive
of all other indemnities or damages.
The following
cases of force majeure are considered to discharge the vendor of his obligation
to deliver: war, riot, fire, strikes, accidents and non-arrival of supplies.
The vendor
will give the buyer reasonable warning in the event of one of the above cases.
In all cases,
delivery can only be made within the agreed lead-time if the buyer has fulfilled
his obligations to the vendor.
For deliveries
abroad, the principle applied is that every order should be placed before 12 noon
(GMT). In this case, deliveries in Europe and the United States will be made the
next day. Other regions are not covered by this rule and in this case the delivery
periods depend on the time zone. Deliveries to ports and airfields are not guaranteed.
Deliveries are guaranteed from 9.00 a.m. on Monday morning until Saturday evening
8 pm. No delivery guarantee is given from Sunday morning until Sunday evening. Similarly,
deliveries on legal holidays are not guaranteed. Should a problem arise with a delivery,
this is covered by our general guarantee and steps are taken to find an appropriate
solution. For deliveries to hotels and hospitals, full details should be given (maiden
name for married women, room number, etc.). Should full details not be supplied,
the delivery cannot be guaranteed.
ARTICLE 4:
As this is a fresh
product, all complaints relating to the product delivered should reach Flowersbelgium
within 24 hours of delivery. Complaints may be lodged by contacting us by fax at
+32 16 29918 or by e-mail at sales@flowersbelgium.com When the complaint is received,
the necessary steps will be taken immediately to collect the required information
in Belgium or abroad, depending where the delivery was made. In the event of a clear
error on the part of one of the parties concerned within the Flowersbelgium network,
an agreement will be reached with the customer as to how the matter can be resolved
to their satisfaction. Such arrangements may include refunding the total value of
the order to the customer, or delivering another product, with additional flowers
as compensation. Moreover, the customer will always be kept informed of how the
matter is progressing.
ARTICLE 5:
Prices and means
of payment The products are delivered at the usual prices at the time of the order.
Payment is made by means of a secure connection with the servers of the company
(Equifax Secure Certificate Authority) which is responsible for handling the entire
payment process. In this way, the privacy of the payment details is fully guaranteed.
Payment should be made by credit card or using the on-line payment services available
on this site.
ARTICLE 6:
Disputes will always
be dealt with appropriately, on the assumption that the purchaser is acting in good
faith. Should a dispute arise, the purchaser will always follow the complaints procedure
first with a view to reaching an amicable settlement. If no solution can be found,
the Belgian courts of the legal district of Leuven, Dutch-speaking chamber, have
sole jurisdiction.