iFlowerGift.com's Terms and Conditions

These terms and conditions are the ones upon which iFlowerGift.com ("we/us/our") make this website available to you.  The terms and conditions apply to all our products and services as well as every finalised distance agreement between you, the consumer, and us, iFlowerGift.com.  Before a distance agreement is concluded, the text of these terms and conditions is made available to you.  If you wish, you may copy and print them for further reference. 


 

Contents:

Article 1- Products and Services

Article 2 - Orders and Payment

Article 3 - Cancellations and Refunds

Article 4 - Pricing

Article 5 - Conformity and Guarantees

Article 6 - Delivery and Execution

Article 7 - Duration and Extension of Length transactions

Article 8 - Payments

Article 9 - Complaints

Article 10 - Disputes

Article 11 - Additional and Different Provisions

Article 12  - Corporate Identity 


 

Article 1- Products and Services

1.1 All products as depicted on this website (and as may be varied from time to time) are available for purchase from most places in Europe.   They are sent to you by regular parcel delivery service from The Netherlands.  

1.2 iFlowerGift.com guarantees the freshness of your flowers for 5 days from the date of delivery provided you follow the simple instructions of care that will be sent to you alongside your product.  

1.3 If the quality of the flowers do not meet your expectations then we will issue you a 100% refund.  Get in touch if this is the case: [email protected] 

1.4 Certain flower and plant products may be delivered in bud to ensure longer life.

1.5 Some flower and plant products may be harmful or poisonous, for example, lilies can be toxic to cats.  Our products are not edible, unless specifically mentioned. 

1.6 Our offers contain a complete and accurate description of our products and services. The description is sufficiently detailed to enable you to make a proper assessment of the products/ services. The product images used by iFlowerGift.com are true representations of our products and services. So if you order red roses, this is what you will get.  We will not substitute one type of flower for another.

1.7 Our price offers include tax and FREE postage to some countries (see 4.3).  You will not be charged additional administration fees.

1.8 Should you purchase more than one product, each item may be sent to you separately and, as such, may not arrive together.

1.9 If an offer on our site has a limited validity or has other specifications, this will be mentioned.

1.10 Obvious mistakes and errors do not bind iFlowerGift.com.


  

Article 2 - Orders and Payment

 2.1 By clicking on the 'place order' button at the end of the order process, you are consenting to be bound by our terms and conditions.

2.2 Submitting your order is subject to our acceptance of this offer. We will send an email confirmation of your order details to advise that we are processing your order via the email address you provide. We will not consider ourselves bound by a contract with you until we have issued this email confirmation.

2.3 The agreement is finalised at the moment you accept the offer and meet the conditions.

2.4 Rest assured, iFlowerGift.com takes appropriate technical and organisational measures to protect electronic data transfer and ensures a safe web environment, also for payment via Paypal.

2.5 iFlowerGift.com may notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalise a sound distance agreement. If we, based on research, have good reasons not to conclude the agreement then we are entitled to motivate and to refuse an order/ request or can connect special conditions to the execution of the offer.  

2.6 We will send the following information with the products or services, written or in such a manner that you can store the data:

  1. Our contact details should you wish to file a complaint,
  2. The conditions and the way how you can cancel and return your product or service, in the case that this is applicable, 
  3. Information about after sales guarantees and services.

2.7 In the case of a length transaction (when delivery obligation and purchasing are spread over a period of time) the previous clause is only applicable for the first delivery.


 

Article 3 - Cancellations and Refunds

3.1 You have a statutory right to cancel your order without giving reasons for 14 days after purchase.   This applies to all non-perishable  and non-personalised goods and services you purchase from us.

3.2 Flowers, by nature, are perishable and therefore excluded from this statutory right.  Personalised goods can also not be cancelled or returned.  However, we want you to be 100% happy with your purchase.  If you are not happy with your purchase, please get in touch with us on [email protected]  We will refund you your purchase costs should your flowers arrive damaged or not last at least 7 days after receipt (provided you have cared for the flowers as recommended).

3.3 In the case of non-perishable or non-personalised product purchases that you wish to cancel, you agree to treat the product and the package carefully. You agree to unpack or use the product only to that extent to as far as it is necessary to judge if you wish to keep it. If you do want to cancel your order, you agree to return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to iFlowerGift.com.  Should you with to return your product, please contact us before on [email protected] .

3.4 The costs for returning a product lie with you.  We will then pay back the original purchase amount within 14 days after the repeal or after the return shipment.


 

 Article 4 - Pricing

4.1 Prices shown on our website are valid for a maximum of 14 days after a customer submits an order, save for price changes due to changing VAT rates.

4.2 Prices include Dutch VAT for deliveries within the EU.

4.3 Product prices include free delivery to the following countries: UK (except Channel Islands and the Isle of Man), The Netherlands, Belgium, Germany, France, Spain, Italy, Norway, Finland, Denmark, Luxembourg, Lichtenstein and Austria.

4.4 A flat rate delivery charge of 5€ is made to the following countries: Republic of Ireland, Channel Islands, Isle of Man and Switzerland.  Should you want to purchase from a country not mentioned here, get in touch with us: [email protected] 


 

Article 5 - Conformity and Guarantees

5.1 iFlowerGift.com ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed, iFlowerGift.com also ensures that the product is suitable for other than normal use.

5.2 A guarantee provided by iFlowerGift.com, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against iFlowerGift.com.

5.3 We guarantee that the flowers we send you will be fresh for 5 days from the day of receipt (provided you follow our care instructions).  Should this not be the case, we will reimburse you 100% of your money!  


  

Article 6 - Delivery and Execution

6.1 iFlowerGift.com shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.

6.2 The address that you have entered under 'delivery address' is considered to be the delivery place.

6.3 iFlowerGift.com shall dispatch accepted orders expeditiously unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot (or only partially be executed), you  will be notified about this within 2 working days after placing the order. In that case you have the right to terminate the agreement without any further cost and you are entitled to compensation.

6.4 In the event of termination in accordance with the previous paragraph iFlowerGift.com shall pay back the amount that you have paid as soon as possible but no later than 30 days after the termination.

6.5 If the delivery of an ordered product appears to be impossible, iFlowerGift.com shall strive to make available a replacement product. At least before the delivery it will be mentioned that a replacement product will be delivered.  At this point you may still cancel your order should you choose to do so. 

6.6 The risk of damage and/or loss of products rest with iFlowerGift.com until the package has been delivered at the consumer's.  Should the receipient not be at home at the point of delivery, the parcel will be left on the door step or at a neighbour's.  A note may be left in the letterbox in this case.  We do not re-deliver the next day.  The reason for this is that your parcel may otherwise remain in transit for longer than absolute necessary.  This may be detrimental to the quality of your flowers.

6.7 We use a parcel delivery company that is local to the receipient and have no control over their final actions.  However, we want you to be 100% happy with your purchase and will reimburse you should the flowers arrive in a damaged condition.

6.8 If you receive a damaged product, you should report this by email within three days. You can send this email to: [email protected] .


 

 Article 7- Duration and Extension of Length transactions

7.1 A length transaction is a distance agreement related to a service of products and services of which the delivery obligation and the purchasing are spread over a period of time.

7.2 An agreement which has been entered for a definite time and which extends to a regular delivery of products or services may not  automatically be extended or renewed for a fixed duration.

7.3 If an agreement has a duration period of more than one year, the consumer may after one year terminate at any time with a notice period of not more than one month unless reasonableness and fairness are opposed against termination before the end of the agreed duration.


 

Article 8 - Payments

8.1 Payment for every product and service on the iFlowerGift.com site is made upfront via Paypal.

8.2 The consumer has the duty to notify iFlowerGift.com about inaccuracies in the payment details.

8.3 In case of default by the consumer, iFlowerGift.com has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.


 

Article 9 - Complaints

9.1 iFlowerGift.com has a comprehensive complaints procedure and handles complaints accordingly.

9.2 Customer complaints must be submitted fully and clearly described within 9 days after receival of any product or service.

9.3 The complaints submitted to iFlowerGift.com will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, iFlowerGift.com will send an acknowledgement within 14 days and give an indication when the consumer will receive a more detailed answer.

9.4 If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.


 

Article 10 - Disputes

10.1 Dutch law exclusively applies to agreements between iFlowerGift.com and you as the consumer whereupon these general conditions/terms are related to.

10.2 In case of disputes the consumer can approach Stichting WebwinkelKeur (WebwinkelKeur Foundation) and this foundation will mediate for free. If both parties cannot come up with a solution then the consumer has the possibility to let his complaint be handled by Stichting GeschilOnline. (GeschilOnline.nl Foundation) The ruling of this foundation is binding and both the consumer and iFlowerGift.com accept this binding ruling.


 

Article 11 -  Additional and Different Provisions

11.1 Additional or different provisions compared to these terms and conditions may not be to the prejudice of the consumer and should be recorded in writing in such a manner that you, the consumer can save these in an accessible way on a durable medium. 


 

 

 Article 12 -  Corporate Identity

 iFlowerGift.com, Vof

Oostzijde 80

NL - 1426AH De Hoef

Phonenumber: 00 31 (0)6 1997 74 25  (available during office hours).  This is a mobile phone and the standard charges apply.

E-mail: [email protected] 

Chamber of commerce number: 60301236

VAT identification number: NL853849535B01


 

 April 2015