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Terms and Conditions

Table of contents

Artikel 1 – Definities
Artikel 2 – Identiteit van de ondernemer
Artikel 3 – Toepasselijkheid
Artikel 4 – Het aanbod
Artikel 5 – De overeenkomst
Artikel 6 – Herroepingsrecht
Artikel 7 – Kosten in geval van herroeping
Artikel 8 – Uitsluiting herroepingsrecht
Artikel 9 – De prijs
Artikel 10 – Conformiteit en garantie
Artikel 11 – Levering en uitvoering
Artikel 12 – Duurtransacties: duur, opzegging en verlenging
Artikel 13 – Betaling
Artikel 14 – Klachtenregeling
Artikel 15 – Geschillen
Artikel 16 – Aanvullende of afwijkende bepalingen

Artikel 1 – Definities

1. Reflection period: the period during which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person who does not act from a profession or a business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract regarding a series of products and/or services during a certain period;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that enables future consultation and unchanged reproduction of the stored information;
6. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can complete if he wants to exercise his right of withdrawal;
8. Entrepreneur: the natural or legal person who offers (digital) products and/or services remotely to the consumer;
9. Distance contract: an agreement between the entrepreneur and the consumer in the context of a system organized by the entrepreneur for distance sales of products, digital content and/services, whereby exclusive or partial use is made until the conclusion of the agreement is made of one or more techniques for remote communication;
10. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time;
11. General terms and conditions: the present General Terms and Conditions of the entrepreneur.

Artikel 2 – Identiteit van de ondernemer

Laura van Hoorn – Paper Wildflowers
Den Bosch, the Netherlands
[email protected]

KvK nummer: 91606462
VAT number: NL004903755B17

Artikel 3 – Toepasselijkheid

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract entered into 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent as soon as possible and free of charge at the request of the consumer;
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph above and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that this can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer;
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provisions that apply to him. is most favorable;
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced by mutual agreement by a provision that approximates the scope of the original as much as possible;
6. Situaties die niet in deze algemene voorwaarden zijn geregeld, dienen te worden beoordeeld ‘naar de geest’ van deze algemene voorwaarden;
7. Onduidelijkheden over de uitleg of inhoud van één of meerdere bepalingen van onze voorwaarden, dienen uitgelegd te worden ‘naar de geest’ van deze algemene voorwaarden.

Artikel 4 – Het aanbod

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer;
2. The offer is without obligation. The entrepreneur has the right to change or adapt the offer;
3. The offer contains a complete and accurate description of the (digital) products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the (digital) products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images and specifications in the offer are an indication and cannot give rise to compensation or termination of the agreement;
5. The images accompanying the products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products;
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular: the price including tax; any shipping costs; the manner in which the agreement will be concluded and what actions are required for this; whether or not the right of withdrawal applies; the method of payment, delivery and execution of the agreement; the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price; the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used; whether the agreement is archived after conclusion and if so, how it can be consulted by the consumer; the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it; the possible languages ​​in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has designed and the way in which the consumer can consult these codes of conduct electronically; the minimum duration of the distance contract in the case of a long-term transaction.

Artikel 5 – De overeenkomst

1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set therein;
2. When the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate 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 the entrepreneur will ensure a secure web environment. If the consumer can pay electronically, he will take appropriate security measures;
4. The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as the facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, the entrepreneur is entitled to refuse an order or request with reasons or to attach special conditions to the execution;
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: the visiting address of the entrepreneur's branch where the consumer can submit complaints; the conditions under which and the manner in which the consumer can exercise the right of withdrawal, including a clear statement regarding the exclusion of the right of withdrawal; the information about warranties and existing after-sales service; 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; the requirements for termination of 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;
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

Artikel 6 – Herroepingsrecht

When delivering products:
1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. The entrepreneur may ask for the reason for withdrawal, but the consumer may not oblige. This reflection period commences on the day after receipt of the product by the consumer or a third party designated in advance by the consumer and announced to the entrepreneur, who is not the carrier;
2. During the reflection period, the consumer will handle the products and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he/she wishes to keep the product. If he/she exercises his right of withdrawal, he/she will return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur;
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment;
4. If the customer has not indicated that he wishes to exercise his right of withdrawal after the periods referred to in paragraphs 2 and 3 have expired. has not returned the product, the purchase is complete.

When delivering digital content on a non-material medium:
5. In the event of delivery of digital content on a non-material medium, the right of withdrawal expires prematurely as soon as the entrepreneur has started the performance with the consumer's express prior consent that the entrepreneur will immediately execute the agreement before the cooling-off period has expired. When entering into the agreement, the consumer acknowledges that he loses his right of withdrawal as soon as the delivery of digital products has started.

When providing services:
6. When providing services, the consumer has the option to terminate the agreement without giving any reason for a period of 14 days, starting on the day of entering into the agreement. The entrepreneur may ask the consumer about the reason for dissolution, but is not obliged to do so.
7. To exercise his right of withdrawal in the case of paragraph 6, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer or at the latest upon delivery.

Artikel 7 – Kosten in geval van herroeping

1. If the consumer exercises his right of withdrawal, the costs of return are for the consumer;
2. If the product (or several products) have already been received back by the entrepreneur, the entrepreneur will reimburse the consumer as soon as possible, but no later than 14 days after cancellation. Refund will be made via the same payment method used by the consumer, unless the consumer consents to another payment method;
3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product;
4. The consumer cannot be held liable for any reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal. This must be done before concluding the purchase agreement.

Artikel 8 – Uitsluiting van herroeping

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described below in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement;
2. Exclusion of the right of withdrawal is only possible for the following products:
a. products created by the entrepreneur in accordance with the consumer's specifications;
b. products that are clearly of a personal nature;
c. products that cannot be returned due to their nature;
d. products that can spoil or age quickly;
e. products whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. loose newspapers or magazines;
g. audio and video recordings and computer software of which the consumer has broken the seal;
h. products that are of a digital nature and are delivered on a non-material medium;
i. hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. regarding accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
c. betting and lotteries.

Artikel 9 – De prijs

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates;
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated 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 from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions;
b. whether the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of the products or services include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Artikel 10 – Conformiteit en garantie

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement. and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use;
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement;
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Products must be returned in the original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products;
5. The warranty does not apply if:
– De consument de geleverde producten zelf heeft gerepareerd en/of bewerkt of door derden heeft laten repareren en/of bewerken;
– De geleverde producten aan abnormale omstandigheden zijn blootgesteld of anderszins onzorgvuldig worden behandeld of in strijd zijn met de aanwijzingen van de ondernemer en/of op de verpakking behandeld zijn;
– De ondeugdelijkheid geheel of gedeeltelijk het gevolg is van voorschriften die de overheid heeft gesteld of zal stellen ten aanzien van de aard of de kwaliteit van de toegepaste materialen.

Artikel 11 – Levering en uitvoering

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for extension of services;
2. The place of delivery is the address that the consumer has communicated to the company;
3. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation;
4. All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation;
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution;
6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur;
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Artikel 12 – Duurtransacties: duur, opzegging en verlenging

Termination
1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month;
2. The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period. at most one month;
3. The consumer can cancel the agreements referred to in the previous paragraphs:
– te allen tijde opzeggen en niet beperkt worden tot opzegging op een bepaalde tijdstip of in en bepaalde periode;
– tenminste opzeggen op dezelfde wijze als zij door hem zijn aangegaan;
– altijd opzeggen met dezelfde opzegtermijn als de ondernemer voor zichzelf heeft bedongen.

Extension
4. An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period;
5. Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer extended it. can cancel the agreement towards the end of the extension with a notice period of up to one month;
6. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines;
7. An agreement with a limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends after the trial or introductory period.

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 reasonableness and fairness dictate against termination before the end of the agreed duration. to postpone.

Artikel 13 – Betaling

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this shall period after the consumer has received confirmation of the agreement;
2. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur;
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.

Artikel 14 – Klachtenregeling

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure;
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects;
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response;
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure;
5. In case of complaints, a consumer must first contact the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr). Webshop is currently not affiliated with a quality mark with a dispute committee;
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.

Artikel 15 – Geschillen

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad;
2. The Vienna Sales Convention does not apply.

Artikel 16 – Aanvullende of afwijkende bepalingen

1. Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Download the general terms and conditions here (only available in Dutch)