TERMS OF SALE of Boeketcadeau.nl
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Terms Thuiswinkel
These General Conditions of the Dutch Home Shopping Organization established in consultation with the Consumer under the Self (CZ) of the Social Economic Council and entered into effect from January 1, 2009.
Article 1 - Definitions
In these conditions apply:
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Entrepreneur: the natural or legal person who is a member of the Dutch Home Shopping organization and products / services offered to consumers at a distance;
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Consumer means a natural person not acting in the exercise of professional or business and enter into a distance contract with the entrepreneur;
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Distance contract means a contract under which a businessman by the organized system for distance selling of products or services, to conclude the agreement makes exclusive use of one or more means of distance communication;
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Technology for distance communication: medium that can be used to conclude a contract, without consumer and business simultaneously in the same area have come together;
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Grace period: The period during which the consumer can exercise his right of withdrawal;
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Right of withdrawal: the ability for consumers within the grace period to waive the distance;
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Day: calendar day;
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Transaction Duration: a distance contract relating to a range of products and / or services, the delivery and / or purchasing in the spread over time;
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Durable medium: any medium that the consumer or business information to enable it to him personally is directed to store in a way that future consultation and unaltered reproduction of the information possible.
Article 2 - Identity of employer
Boeketcadeau.nl
Residency & visiting address:
Flowers Daalseweg 232
2051 GM Overveen
Telephone: (0031) 023-5.26.59.09
Access:
From Monday to Saturday from 9:00 hours to 17:00 hours
Email: info@boeketcadeau.nl
KvK number: 34244532
VAT identification number: NL815470526B01
Article 3 - Applicability
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These general conditions apply to each offer from the entrepreneur and any agreement brought distance between businessmen and consumers.
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Before the distance contract is concluded, the text of these general conditions made available to consumers. If this is not reasonably possible, before the distance is closed, indicating that the general conditions for the entrepreneur to see and at the request of the consumer as quickly as possible, be sent free of charge.
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If the distance is electronically closed, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to the consumer be made available in such a way that the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions electronically can be noted and that, at the request of the consumer electronic means or otherwise without charge will be sent.
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In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in the event of conflicting terms always refer to the applicable provision for the most favorable is.
Article 4 - The Offer
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If an offer has a limited duration or conditions of qualification, it explicitly stated in the offer.
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The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed for a proper assessment of the offer by the consumer as possible. If the operator uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer is not binding on the entrepreneur.
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Any such offer contains information for consumers is clear what the rights and obligations, to the acceptance of the offer are attached. This concerns in particular:
-The price includes taxes;
-the possible cost of delivery;
-how the agreement will be achieved and the actions they require;
-whether to apply the right of withdrawal;
-the method of payment, delivery or performance of the contract;
-The deadline for accepting the offer or the date for the maintenance of price;
-the level of the rate of distance communication if the cost of using the technique of distance communication are calculated on a basis other than the basic rate;
-if the contract is filed after the conclusion, how these consumers to consult;
how the consumer before the conclusion of the contract by him on involuntary acts can get informed, and the way he can recover before the contract is concluded;
any languages, besides Dutch, the agreement will be reached;
-the conduct to which the entrepreneur has subjected and the way the consumer can conduct electronic consult and
the minimum duration of the distance in case of an agreement which seeks the continuous or periodic delivery of products or services.
Article 5 - The contract
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The agreement is subject to the provisions of paragraph 4, to stand at the moment of acceptance by the consumer of the offer and meet the corresponding conditions.
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If the consumer has accepted the offer electronically, the operator shall immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may cancel the agreement.
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If the agreement is created electronically, the employer shall take appropriate technical and organizational measures to secure the electronic transfer of data and he creates a secure web environment. If the consumer can pay electronically, the operator with appropriate safety precautions.
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The entrepreneur can - within the law - to inform the consumer or to his payment requirements, as well as all those facts and factors relevant to a sound conclusion of the distance. If the operator under this study correctly the agreement not to go, he is entitled to a reasoned order or request to refuse or special conditions to the implementation.
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It will be with the product or service to the consumer the following information in writing or in such a way that the consumer in an accessible way can be stored on a durable medium, send:
a. the address of the establishment of the business where the consumer complaints,
b. conditions and how the consumers of the withdrawal right can be exercised, or a clear message regarding the exclusion of the right of withdrawal;
c. information about existing after sales service and guarantees;
d. in Article 4 paragraph 3 of these conditions include information, such information unless the employer already has provided to the consumer before the execution of the contract;
e. the requirements for termination of the agreement if the agreement has a duration exceeding one year or indefinite.
6. If the entrepreneur is committed to providing a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 - Right of withdrawal upon delivery of products
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When purchasing products, the consumer has the option agreement without giving any reason to dissolve for 14 days. This period begins on the day following receipt of the product by or on behalf of consumers.
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During this period, consumers will carefully handle the product and packaging. He will be the product only to the extent unpacking or use as necessary to assess whether it wishes to retain the product. If he uses his right, he delivered the product with all accessories and - if reasonably possible - in the original condition and packaging to return the entrepreneur, according to the employer provided reasonable and clear instructions.
Article 7 - Costs in case of withdrawal
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If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
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If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 30 days after the return or cancellation, refund.
Article 8 - Exclusion of right of withdrawal
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If the consumer does not have a right of withdrawal, this can only be ruled by the entrepreneur entrepreneur submitted clearly in the offer, at least in time for the conclusion of the agreement stated.
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Exclusion of the right of withdrawal is only possible for products:
a. by the operator have been created according to the specifications of the consumer;
b. that are clearly personal in nature;
c. which by their nature can not be returned;
d. that can quickly spoil or expire;
e. whose price depends on fluctuations in the financial market on which the entrepreneur's control;
f. for loose papers and magazines;
g. for audio and video recordings and computer software the consumer has the seal broken.
Exclusion of the right of withdrawal is only possible for services:
a. on accommodation, transport, catering or leisure to carry on a certain date or during a specified period;
b. the supply with the express consent of the consumer is started before the reflection has expired;
c. betting and lotteries.
Article 9 - The price;
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During the period mentioned in the offer, the prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.
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Notwithstanding the preceding paragraph, the business products or services whose prices are tied to fluctuations in the financial market and where the operator does not control, with variable prices. This attachment to fluctuations and the fact that any prices quoted price shall be stated in the offer.
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Price within 3 months after the conclusion of the agreement shall only be permitted if they result from legislation or regulations.
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Increases from 3 months after the conclusion of the contract are permissible only if the employer has negotiated and these:
a. these are the result of legislation or regulations, or
b. the consumer has the power to cancel against the day the price increase takes effect.
The supply of products or services mentioned prices include VAT.
Article 10 - Compliance and Warranty
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The entrepreneur warrants that the products and / or services meet the contract, the specifications mentioned in the offer, the reasonable requirements of quality and suitability for purpose and the date of completion of the agreement existing legal provisions and or government regulations.
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By the trader, manufacturer or importer as a 'guarantee scheme does not affect the rights and claims that consumers in respect of a failure to perform the obligations of the employer against the employer may make under the law and / or the distance.
Article 11 - Delivery and implementation
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It will be the utmost respect to the receipt and the execution of orders and products in assessing applications for services.
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The place of delivery is the address that the consumer has made known to the company.
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Subject to what is stated in Article 4 of these General Conditions, the Company accepted orders expeditiously but not later than 30 days unless a longer run delivery has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than one month after he has placed the order message. Consumers in that case have the right to terminate the contract without penalty and be entitled to any compensation.
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In the event of termination in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible but no later than 30 days after termination, repay.
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If delivery of an ordered product proves impossible, the entrepreneur will strive for a replacement item available. Later than the delivery will be clear and comprehensible manner reported that a replacement is delivered. When replacement items can not be excluded the right of withdrawal. The cost of return shipment are borne by the entrepreneur.
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The risk of damage and / or loss of products is based to the time of delivery to consumers in the business, unless otherwise expressly agreed.
Article 12 - Duration Transactions
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The consumer may contract for an indefinite always denounce agreed rules governing termination of appropriate notice and a maximum of one Mon
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A contract for a definite period has a maximum duration of two years. If it is agreed that failure by the consumer distance contract will be renewed, the agreement will continue as a permanent contract after notice and will continue the contract up to a month.
Article 13 - Payment
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Unless subsequently agreed by the consumer, the sums to be paid within fourteen days after delivery of the goods or in case of an agreement to provide a service, within 14 days after issuance of the documents relating to this Agreement.
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When selling products to consumers in general conditions may never be an advance of more than 50% be achieved. Once payment has been stipulated, the consumer may not assert any rights regarding the implementation of the relevant order or service (s) before the advance payment has been made.
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The consumer has a duty to inaccuracies in data supplied or specified payment immediately to the operator to notify.
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In case of default by the consumer, the operator unless legal restrictions, the right to advance to the consumer made known to charge reasonable costs.
Article 14 - Complaints
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The entrepreneur has a well-publicized complaints and resolve the complaint under this complaints procedure.
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Complaints about the implementation of the agreement should take place promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has found the defects.
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When entrepreneur complaints within a period of 14 days from the date of receipt answered. If a complaint is a foreseeable requires longer processing time, by the operator within the period of 14 days responded with an acknowledgment and an indication if the consumer can expect a more detailed answer.
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A complaint about a product, service or service of the entrepreneur may also be submitted via a complaint form on the consumer page of the website of the Dutch Thuiswinkel Organisatie. www.thuiswinkel.org
The complaint is then both the entrepreneur and the Dutch Thuiswinkel Organisatie sent.
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If the complaint can be resolved by mutual agreement creates a dispute that is subject to dispute.
Article 15 - Disputes
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On agreements between the entrepreneur and the consumer which these general conditions apply, only Dutch law.
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Disputes between consumers and entrepreneurs on the creation or execution of contracts relating to these entrepreneurs to deliver or delivered products and services may, in accordance with the provisions below, both the consumer and the entrepreneur will be submitted to the Dispute Thuiswinkel , PO Box 90600, 2509 LP The Hague (www.sgc.nl).
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A dispute by the Disputes Committee discussed only if the consumer complaint within due time to the entrepreneur's request.
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Later than three months after the dispute arose, the dispute in writing to the Disputes Committee to be made.
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If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. When the entrepreneur that wants to do, the consumer within five weeks after an operator authorized by the written request in writing to rule if he so desires or the dispute will be dealt with by the competent courts. The entrepreneur learns the consumer choice within the period of five weeks, then the employer is entitled to submit the dispute to the competent court.
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The Arbitration Commission shall decide subject to the conditions as set down in the rules of the Arbitration Board. The decisions of the Disputes Committee by way of binding advice.
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The Disputes Committee will be a settlement deal or discontinue the treatment if the entrepreneur receivership is granted, the state of bankruptcy is concerned, or his business actually completed before a dispute by the Committee at the session discussed and a final decision was delivered.
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When "the Dispute Thuiswinkel another recognized or Foundation disputes committees on Consumer Affairs (SGC) or the Financial Services Complaints Institute (Kifid) member Arbitration Board has jurisdiction in disputes concerning mainly the method of sale or service from the Dispute Thuiswinkel exclusive jurisdiction . For all other disputes or other approved by SGC Kifid member arbitration committee.
Article 16 - Warranty Industry
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The Dutch Home Shopping Organization shall, without delay, the obligations of the employer to the consumer, in respect of a to him by the Dispute Thuiswinkel imposed binding decision, to take over if the entrepreneur obligation within the deadlines set in the binding deadline is met . The acquisition by the Dutch Home Shopping Organization of the employer's duties shall be suspended if and insofar as binding opinion within two months of the date thereof in accordance with the rules of the Disputes Committee for scrutiny by the court has received and forfeited by the force of res range from the verdict which the court has declared the binding ineffective.
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For purposes of this guarantee requires that the consumer a written appeal to this end, the Dutch Home Shopping Organization and that his claim against the employer transfers to the Dutch Thuiswinkel Organisatie.
Rule 17 Additional or different terms
Additional or different terms and conditions of these provisions may not at the expense of consumers and should be in written form or in such a way that the consumer in an accessible way can be stored on a durable medium.
Article 18 - Amendments to the terms and conditions Thuiswinkel
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The Dutch Thuiswinkel Organisatie these conditions will not change in consultation with the Consumers.
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Changes in these conditions are effective only after they are published in appropriate manner, with the proviso that appropriate amendments for the duration of an offer to the consumer most favorable determination will prevail.
Dutch Home Shopping Organization Address: PO Box 7001, 6710 CB EDU.
Article 19 - Other terms that apply are on http://www.boeketcadeau.nl/bloemen-bezorgen-informatie