GENERAL TERMS AND CONDITIONS APPLICABLE TO CONTRACTUAL RELATIONSHIPS WITH CONSUMERS WITHIN THE MEANING
OF ARTICLE 2 UNDER 3 OF THE BELGIAN ACT CONCERNING MARKET PRACTICES AND CONSUMER PROTECTION
The consumer is not entitled to renounce the purchase
Moens Flowers (hereinafter referred to as: the “Supplier”) is an undertaking and partner of the cooperative company with limited liability Fleurop-Interflora België (hereinafter referred to as: “Fleurop-Interflora België”). Fleurop-Interflora België is part of a group with worldwide operations and a network of professional partners who can adequately provide for the professional creation and ordering of flower and plant arrangements and the sale and delivery of other gift products, anywhere in the world.
The present general terms and conditions regulate the conclusion of distance agreements concluded with those who according to the Belgian Act of 6 April 2010 concerning Market Practices and Consumer Protection (“Wet betreffende marktpraktijken en consumentenbescherming”, hereinafter referred to as: the “WMPC”) can be qualified as consumers (hereinafter referred to as: the “Consumer”). These general terms and conditions can at all times be consulted on the Supplier’s website.
This website also contains a specification of all information concerning the most important characteristics of the products and services offered as well as concerning the terms and conditions of sale. The information concerning the terms and conditions of sale contains information about the assortment and the complete composition of the price payable for the purchase and delivery of the aforementioned goods. The information as occurring on the Supplier’s website upon receipt of an order shall govern the thus concluded contractual relationship between the Consumer and the Supplier.
The Supplier reserves the right to unilaterally change the general terms and conditions, however provided provisions of public order and mandatory statutory provisions are observed. The version of the general terms and conditions as applicable upon receipt by the Supplier of an order shall govern the thus concluded contractual relationship between the Consumer and the Supplier.
By placing an order the Consumer acknowledges that prior to to same he has read the present general terms and conditions and to accept them fully and unconditionally.
Distance agreements entered into in accordance with the present general terms and conditions are concluded upon receipt by the Supplier of a properly completed written order placed by the Consumer. These kinds of orders shall be forwarded to the Supplier electronically by means of the thereto designated forms that can be downloaded via the Supplier’s website.
The Supplier reserves the right to return improperly, incorrectly or incompletely completed order forms to the Consumer. Improperly, incorrectly or incompletely completed order forms shall not be considered an order.
At the risk of rejection of the order by the Supplier, orders must be communicated to the Supplier at the latest three working days prior to the delivery date. If it regards deliveries abroad then the aforementioned term amounts to five working days. Saturday is considered to be a working day; Sundays and national public holidays are not considered to be a working day. However, if the term expires on a Saturday then it is extended to the first following Monday, except if this is a statutory national public holiday.
To avoid any misunderstanding, the Supplier shall provide the Consumer with an order confirmation within twenty-four hours after receipt of a properly completed order. The aforementioned order confirmation is qualified as the documentary evidence within the meaning of article 80 paragraph 1 of the WMPC and is forwarded to the Consumer by email free of charge.
The order confirmation contains all essential components of the order, in particular the nature and characteristics of the goods ordered, quantities, price, recipient, address and telephone number of the addressee, date, place and, as the case may be, the time of delivery.
If the order confirmation contains incorrect data then the Consumer must – on penalty of lapse of the right of recourse – react within twenty-four hours after the dispatch of the order confirmation by the Supplier.
The Consumer shall be liable for all damages incurred by and costs caused to the Supplier, its subordinates or goods as well as third parties, such as a result of the incorrectness of the information provided in the order.
By placing an order in conformity with the present general terms and conditions the Consumer acknowledges that the goods ordered have been composed or manufactured in accordance with his specifications, have a clearly personal character or cannot be returned due to their nature as they perish quickly or lose their typical characteristics quickly, such that the Consumer is not entitled to a right of renunciation within the meaning of article 46 paragraph 1 under 2 of the WMPC.
The Consumer acknowledges that the Supplier is entitled to leave the implementation of orders in the care of its professional partners, adhering to the Fleurop network, regardless whether they are established in Belgium or abroad. The Supplier undertakes that the aforesaid partners will abide by the obligations imposed upon him pursuant to statute law or to the agreement concluded with the Consumer.
The goods ordered are delivered in conformity with the order, i.e. in conformity with the characteristics desired and at the place and date specified in the order. Where possible a delivery hour shall be respected. If the order contains cut flowers then these shall be offered fresh to the addressee at the delivery address specified by the Consumer.
If the Supplier, for any reason whatsoever other than force majeure, error or negligence on the part of the Consumer or the addressee, would not appear to be able to offer goods ordered in conformity with an accepted order at the place stipulated and date then the Consumer can, barring any agreement to the contrary, consider the agreement to be dissolved without any costs or liability for compensation on his behalf.
If this entails additional costs for the Consumer then the Supplier shall forfeit compensation to the Supplier equal to the substantiated additional costs incurred.
Prior to the delivery the addressee shall first be contacted by telephone in order to agree on practicalities in view of the delivery. The modalities stipulated with the addressee shall also have binding effect on the Consumer.
If the goods delivered are not in conformity with the order then this must, on penalty of lapse of the Consumer’s right of recourse, be reported upon delivery to the final recipient. A complaint shall be recorded on the delivery note, which shall be signed by the final recipient. The addressee shall receive a copy of the delivery note.
Barring force majeure and the other instances of exclusion of liability, the Supplier shall be liable for all damages to the goods ordered, established upon receipt by the addressee on the one hand as well as for damages owing to late or incorrect delivery on the other hand.
In connection with the delivery of the ordered goods the addressee shall, at the request of the Supplier or of the party acting in its name and at its expense, immediately:
Ascertain whether inter alia in terms of nature, characteristics and quantity, the goods orderd correspond with what is indicated on the order or the delivery note.
Ascertain whether the ordered goods do not display any shortcoming or visible defect.
If the addressee detects a shortcoming or a visible defect or establishes that the indications on the delivery note are not in conformity with the order then he shall record the necessary written proviso on the delivery note.
The Supplier shall not be liable for loss, incorrect delivery or late delivery of or damage to the ordered goods, to the extent that such loss, incorrect delivery, loss or delay is the direct result of an act or negligence of the Consumer or the addressee or their respective employees, third parties who act in their name and at their expense, their legal successors or other third parties.
On penalty of lapse of the Supplier’s right of recourse shall inform the Consumer of each and every aforementioned loss, incorrect delivery, damage or delay, such at the latest within three working days after the occurrence of the relevant fact.
The Supplier shall by no means be liable for indirect damages, by any name whatsoever, incurred by the Consumer or the addressee of the ordered goods.
Fleurop-Interflora België has endorsed Insurance policies with reputable insurance companies and shall maintain such policies. In pursuance of his activities as a partner, the Supplier can also appeal to the cover offered by these policies, so that these policies cover the liabilitiesteh Supplier might incur vis-à-vis the Consumer.
Fleurop-Interflora België has notified the Belgian Privacy Protection Commission of its intention to automatically process data and of his commitment to comply with the provisions laid down in the Belgian Act of 8 December 1992 concerning privacy protection in relation to personal data processing. The Supplier warrants to be equally covered by such notification.
The Supplier disposes of the adjusted software and other methods or procedures that have been geared to store data and permit the same to check the status of the implementation of the orders received.
The Supplier also disposes of a sufficiently adequate administrative procedure that permits to timely comply with the reporting obligations within the meaning of the present general terms and conditions.
The price payable by the Consumer for the delivery of the goods and services ordered is specified in each and every order confirmation. The prices of these goods are specified on the Supplier’s website. The prices used are those applicable on the date of receipt of the order by the Supplier.
All specified prices are all-encompassing, i.e. including the value added tax, all possible additional taxes or duties, by any name whatsoever, as well as the costs that must be borne by the Consumer, including but not limited to the delivery costs.
The prices are paid through a debit entry on a credit card, such after implementation of the order. When placing the order the Consumer shall, subject to non-implementation of the order, communicate all relevant data in this respect to the Supplier. Communication of incorrect or incomplete data results in suspension of the implementation of the order, without any right of recourse for the Consumer.
The Consumer shall receive an invoice by email containing the statutorily imposed mentions.
Force majeure must be understood as the whole of legal facts and acts that occur beyond the Consumer’s or the Supplier’s will and that could not be reasonably by either of them upon conclusion of the agreement and that render the implementation of the agreement, concluded in conformity with the present general terms and conditions, temporarily or permanently impossible.
Neither the Consumer nor the Supplier shall be liable for a breach of contract or damages owing to force majeure.
On penalty of disqualifying as a case of force majeure, the Consumer and/or the Supplier commit to forthwith notify the other contracting party in writing as soon as a situation of force majeure occurs and as soon as this situation comes to an end. The aforementioned notification shall contain all relevant information with regard to the situation at hand.
On penalty of disqualifying as a case of force majeure, the Consumer and/or the Supplier commit to take all possible measures that can in view of the situation at hand be reasonably expected from them in order to expedite the implementation of the agreement. The parties commit to forthwith after the end of the situation of force majeure resume the normal implementation of the agreement.
Force majeure is irrefutably deemed having rendered in the implementation of the agreement concluded in conformity with the present general terms and conditions permanently impossible if this kind of situation continues for an uninterrupted period of two weeks after despatch of the aforementioned notification.
Upon expiration of this term, and except in the event the delivery date is an essential part of the agreement, any agreement concluded in accordance with the present general terms and conditions will be considered dissolved by operation of law and without any further notice by one of the parties being required. If it regards an agreement as intended in article 10 then this term shall be set at four weeks.
The party in whose respect the implementation of such agreement is rendered impossible due to the occurrence of a situation of force majeure shall be authorised to – temporarily and as long as the situation of force majeure continues – take the appropriate measures in order to protect its interests. These measures shall need to discontinue by operation of law as soon as the situation of force majeure ceases to have effect.
To the extent that the Consumer requests a periodic delivery of goods the minimum duration of such periodicity shall equal at least three months.
Upon expiration and barring notice of the then current term, shall by operation of law automatically be renewed for a new term of three months on the expiry date barring notice by registered letter despatched at the latest one month prior to the expiry of the current term. Each and every subsequent notice shall be served on the Supplier in conformity with the aforementioned formalities.
Article 11 – Notifications
On penalty of being null and void and except in the event any explicit statutory or contractual provision requires a registered letter, all notifications and notices of default that must be given in pursuance of the present general terms and conditions or any statutory provision must on penalty of invalidity – barring if any express statutory or conventional provision requires despatch by registered post – be despatched by regular post, by telefax, by email or by courier. If despatched by registered post, a notification or a notice of default is deemed to have been received on the third working day after delivery to the postal service.
Article 12 – Waiver of right
Barring the instances that are expressly regulated in the present general terms and conditions, not or not timely exercising any right deriving from these terms and conditions or not in time cannot be construed as a waiver of such right.
Exercising not all rights or partly exercising any right deriving from the present general terms and conditions shall not refrain the beneficiary from exercising the other rights or from further exercising such right.
If one of the provisions set forth in the present general terms and conditions, or a part thereof, would be declared null and void or not enforceable vis-à-vis the Consumer then this shall not adversely affect the enforceability and the validity of the other provisions.
All agreements subject to the present general terms and conditions, will be governed by Belgian law.
Barring a provision of public order or a mandatory statutory provision to the contrary, all disputes concerning the conclusion, the construction or the implementation of an agreement that is subject to the present general terms and conditions are exclusively submitted to the courts having jurisdiction over the venue in which the Supplier’s registered office will be established.
Payments are made through the headquarters of Fleurop-Interflora Belgium, Hoge Wei 1, 1930 Zaventem - VAT BE 0402.712.029
The service cost for deliveries in Belgium and abroad is 12 euros.
All our prices include VAT.
Sunday and Wednesday are our weekly closing days, orders cannot be delivered nor can you come to pick them up.