GENERAL TERMS AND CONDITIONS BLOMMA KOZEPTS1. Definitions
1.1 Blomma Konzepts: Blomma Konzepts is registered with the Chamber of Commerce under number 73915955 and has its registered office in Utrecht and its principal place of business at Rijksstraatweg 9.
1.2 Blooms out of the Box: Blooms out of the Box is a trade name under Blomma Konzepts. Blomma Konzepts has the exclusive right to the (further) development and sale of Blooms out of the Box.
1.3 Customer: any (legal) person who orders and/or buys goods from or through Blomma Konzepts.2. Applicability
2.1 These General Terms and Conditions apply to and form an integral part of - every expression, offer, (quote) request, quotation, assignment, agreement and everything else to which Blomma Konzepts is a party, unless expressly agreed otherwise in writing ..
2.2 The applicability of purchase and/or other conditions of the customer and/or third parties is expressly rejected.
2.3 Blomma Konzepts is at all times entitled to unilaterally change these General Terms and Conditions. Changes come into effect 30 (thirty) days after the announcement of the new General Terms and Conditions and also apply to agreements already concluded and previously issued expressions, offers, (quote) requests, quotations, assignments, agreements and everything else in which Blomma Konzept's party. Until the entry into force of the new General Terms and Conditions, objections to the applicability of the new General Terms and Conditions may be lodged in writing, provided a reasoned statement of reasons is given. Parties that have not objected to this as referred to above at the time of the entry into force of the new General Terms and Conditions, are deemed to have (tacitly) accepted the new General Terms and Conditions.3. Conclusion and amendment of the agreement
3.1 All offers and quotations by Blomma Konzepts, in whatever form, are without obligation. An agreement is only concluded by written (order) confirmation from the customer.
3.2 Obvious clerical errors or mistakes in the offers of Blomma Konzepts release Blomma Konzepts from the obligation to perform and/or any obligations to pay compensation arising therefrom, even after the conclusion of the agreement.
3.3 If the customer wishes to cancel the agreement prior to or during the execution thereof, he owes Blomma Konzepts compensation. This compensation includes all costs incurred by Blomma Konzepts and damage suffered by Blomma Konzepts as a result of the cancellation, including lost profit.4. Execution of the agreement
4.1 The date of delivery and the method of delivery are part of the written order confirmation. Delivery thus takes place in accordance with the agreements laid down in the order confirmation.
4.2 Products are deemed to have been delivered as soon as Blomma Konzepts has notified the customer that the products are ready at Blomma Konzepts or a third party to be collected by the customer or when they are delivered to the customer (or on behalf of the customer to customer relations) have been sent. From the moment of delivery, the delivered products are at the risk of the customer.
4.3 If the parties expressly agree that Blomma Konzepts will take care of the transport of the products, both the costs and the risk of loss or damage during the transport will be borne by Blomma Konzepts.
4.4 The statement of delivery times in offers, quotations, agreements or otherwise is always made by Blomma Konzepts to the best of its knowledge and these terms will be observed as much as possible, but they are not binding.
4.5 When a personalized version of Blooms out of the Box is delivered, the customer will digitally supply the logo or the text he/she wishes on the box and on the greeting card. The confirmation of the use of the digital file by Blomma Konzepts serves as a reference should a dispute arise about the logo/text used on the boxes supplied and on the greeting card in the boxes.5. Confidential Information
5.1 Blomma Konzepts undertakes to maintain secrecy with regard to all information that it has obtained from or about the customer in the context of concluding and executing the agreement and of which the customer has indicated that it is confidential information or that Blomma Konzepts knows or can reasonably be expected to do. know that this information must be treated confidentially. Blomma Konzepts will only provide this information to third parties insofar as this is necessary for the execution of the agreement.
5.2 Blomma Konzepts will take all reasonable precautions to keep the confidential information secret and guarantees that its employees and/or other persons who are involved in the execution of the agreement under its responsibility will also comply with this confidentiality obligation.
5.3 The duty of confidentiality does not apply if Blomma Konzepts is obliged to disclose the confidential information as a result of legislation and/or regulations or a court decision and cannot invoke a legal right of nondisclosure or a right of nondisclosure permitted by a court. This exception also applies to employees and other persons as referred to in the previous paragraph.6. Prices
6.1 All prices are in euros and are exclusive of turnover tax and other levies imposed by the government. Any special extra costs relating to the import and/or customs clearance of goods to be delivered by Blomma Konzepts to the customer are not included in the price and are therefore at the customer's expense.
6.2 The amounts stated in the offers of Blomma Konzepts are based on the prices, exchange rates, wages, taxes and other factors relevant to the price level existing during the offer. If one or more of the factors mentioned are changed after the (order) confirmation, Blomma Konzepts is entitled to adjust the agreed price accordingly. If a price increase is made pursuant to the present provision, the customer has the right to dissolve the agreement in writing within eight days after it is or could have been aware of the price increase.
7.1 Payment must always be made within 30 days of the invoice date.
7.2 Blomma Konzepts always has the right to deliver or to invoice delivered products per partial delivery.
7.3 Payment is made by deposit or transfer to a bank account designated by Blomma Konzepts.
74 If payment is not made on time, the customer is legally in default without a notice of default being required. From that moment on, the customer owes Blomma Konzepts statutory commercial interest as referred to in Article 6:119a of the Dutch Civil Code.
7.5 In the event that no payment has been received after the expiry of a further payment term set by a written reminder, the customer will owe a penalty equal to 10% of the principal sum owed by the customer to Blomma Konzepts, including VAT, regardless of whether Blomma Konzepts has extrajudicial collection costs. and without prejudice to Blomma Konzepts' right to claim compensation.
7.6 Without prejudice to the other rights of Blomma Konzepts under this article, the customer is obliged towards Blomma Konzepts to reimburse the collection costs that Blomma Konzepts has had to incur and which go further than sending a single summons or merely making a non-payment. accepted - settlement proposal, obtaining simple information or compiling the file in the usual way. These costs are determined on the basis of the guidelines applicable at that time at courts in the Netherlands..
7.7 The applicability of article 6:92 of the Dutch Civil Code is excluded with regard to the penalty clause included in this article.8. Complaints procedure
8.1 The delivered products must meet the normally applicable quality standards for planters and flower nursery products.
8.2 Complaints about the delivered product must be reported by the customer to Blomma Konzepts immediately after discovery, but at the latest within 2 (two) working days after receipt of the delivered product, followed by a written (digital) confirmation.
8.3 In the absence of a notification as referred to in the previous paragraphs, the goods are deemed to have been received in good condition and to comply with the agreement.
8.4 The customer must enable Blomma Konzepts to investigate the complaint and provide Blomma Konzepts with all relevant information. If return shipment is necessary for the investigation of the complaint, or if it is necessary for Blomma Konzepts to investigate the complaint on the spot, the associated costs are for the account and risk of the customer, unless the complaint turns out to be well-founded afterwards.
8.4 If a complaint is found to be justified, Blomma Konzepts will arrange for repair or replacement of the goods free of charge, or for a refund of or a discount on the agreed price.
8.5 Complaints do not suspend the customer's payment obligation.
8.6 Blomma Konzepts is not obliged to accept returns from the customer without prior written consent. Receipt of return shipments in no way implies acknowledgment by Blomma Konzepts of the ground for return specified by the customer. The risk with regard to returned products remains with the customer until the products have been credited by Blomma Konzepts.
8.6 Blooms out of the Box consists of 100% natural materials. Complaints with regard to the following aspects are therefore not recognized by Blomma Konzepts and compensation due to a deviation from the following aspects is therefore not possible:
- imperfections in or properties of product parts made from natural materials, if these imperfections or properties are inherent in the nature of these materials.
- imperfections in or properties of living plants, if these imperfections or properties are inherent in the nature of these plants (under normal use).
- slight discolorations and minor color deviations of the delivered product.
9.1 Blomma Konzepts will meet its obligations as may be expected of a company in its industry, but accepts no liability whatsoever for damage, including death and personal injury, consequential damage, trading loss, loss of profit and/or stagnation damage, which is the result of acts or omissions of the owners of Blomma Konzepts, the staff or third parties engaged by it, unless mandatory legal provisions oppose this.
9.2 The limitations of liability included in this article do not apply if the damage is due to intent and/or willful recklessness on the part of the owners of Blomma Konzepts, its managerial staff or the managerial staff of third parties involved in the production of Blooms out of the Box.
9.3 Without prejudice to the provisions of the other paragraphs of this article, the liability of Blomma Konzepts, for whatever reason, is limited to the invoice amount for the products and/or services delivered.
9.4 Blomma Konzepts' liability is limited to the amount paid out by the insurance.
9.5 Blomma Konzepts cannot be held liable for the information provided on its site(s). Also, no liability can be accepted in any way for completeness, text and typing errors and other inaccuracies that may occur on this site.
9.6 The customer indemnifies Blomma Konzepts against claims from third parties.
9.7 Blooms out of the Box boxes are made of wood. Although the boxes are made waterproof on the inside by a natural coating, wood continues to work.As a result, Blomma Konzepts cannot guarantee that the boxes will remain completely watertight over time. For this reason, Blomma Konzepts cannot accept any liability for the leakage of water from the boxes and any damage that this leakage could cause.10. Dissolution and Termination
10.1 The customer is deemed to be in default if it does not fulfill any obligation under the agreement or does not fulfill it on time, as well as if the customer does not comply with a written reminder to fully comply within a reasonable period of time.
10.2 In the event of default on the part of the customer, Blomma Konzepts is entitled, without any obligation to pay compensation, and without prejudice to its rights, to dissolve the agreement in whole or in part by means of a written notification to that effect to the customer and/or by the customer to To immediately claim the amount owed by Blomma Konzept in its entirety and/or to invoke the retention of title.
10.3 Blomma Konzepts is authorized to dissolve the agreement with immediate effect if the customer applies for a moratorium or bankruptcy or if an application is made against him or if all or part of its assets are seized. All invoiced amounts will then become immediately due and payable. Blomma Konzepts will never be obliged to pay any compensation due to this termination.11. Force Majeure
11.1 Blomma Konzepts is not liable if a shortcoming is the result of force majeure. During the period in which there is force majeure, the obligations of Blomma Konzepts are suspended. If the period in which the fulfillment of the obligations by Blomma Konzepts is not possible due to force majeure lasts longer than three months, both parties are entitled to dissolve the agreement without judicial intervention, without any obligation to pay compensation in this regard.
11.2 The term 'force majeure' as referred to in this article is in any case understood to mean unforeseen circumstances, also of an economic nature, which have arisen through no fault or fault of Blomma Konzepts, such as, among other things, serious disruption in the company, forced reduction of production , strikes and lockouts, both at Blomma Konzepts and at supply companies, war, hostilities, martial law, mobilization, either in the Netherlands or in any other country where any branches of Blomma Konzepts or of supply companies are located, delays in transport or delayed or incorrect delivery of goods or materials or parts by third parties, including supply companies of Blomma Konzepts..
11.3 If Blomma Konzepts has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfill its obligations, it is entitled to separately invoice the already delivered or the deliverable part and the customer is obliged to pay this invoice as it's a separate agreement.
12. Intellectual Property
12.1 All intellectual property rights to the concept, as well as the trademark right to Blooms out of the Box, rest exclusively with Blomma Konzepts. The concept Blooms out of the Box not be copied, counterfeited, traded, shown to third parties or made available for any purpose whatsoever without written permission from Blomma Konzepts, unless this is required by law.
13. Applicable Law and Disputes
13.1 Dutch law applies to all agreements to which these General Terms and Conditions apply in whole or in part. All disputes (including those that are only regarded as such by one of the parties) that may arise as a result of these terms and conditions or as a result of agreements that may result from this can be submitted to the court, unless expressly agreed otherwise.
13.2 All disputes relating to or arising from the agreements concluded between Blomma Konzepts and a customer established abroad to which these Terms and Conditions apply, can be decided by the Dutch court, which has jurisdiction in the area in which Blomma Konzepts is established.
13.3 In those cases not provided for in these Terms and Conditions, Dutch law also applies.
13.4 If and insofar as any part or any provision of these Terms and Conditions proves to be in conflict with any mandatory provisions of national or international law, it will be regarded as not agreed and these Terms and Conditions will continue to bind the parties for the rest.