Terms of service
Introduction
This website is operated by Florid Feelings. Throughout the site, the terms “we”, “us” and “our” refer to Florid Feelings. By visiting our site and/or placing order, you are are subject to the following terms and conditions. The General Terms and Conditions always apply between you and Florid Feelings when you use or place an order through the website www.floridfeelings.com (the “Site”). Please read the terms and conditions carefully, together with our Privacy Policy and Terms of Use.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
Florid Feelings
Email: info@floridfeelings.com
Address: Polderpeil 85, Alphen aan den Rijn, Netherlands
Chamber of Commerce number: 83360352
VAT ID: NL003809517B40
Article 1 - Definitions
Agreement: any arrangement or agreement between Florid Feelings and the Client for the purchase of Products and Services, of which the General Terms and Conditions form an integral part.
Client: the consumer or (legal) person acting in the performance of a profession or business who enters into an Agreement with Florid Feelings.
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance (Florid Feelings).
General Terms and Conditions: these terms and conditions of Florid Feelings.
Product(s): the product(s) as offered on the Site.
Service(s): the service(s) as offered on the Site.
Site: the website www.floridfeelings.com and all of its sub-domains.
Article 2 - Applicability
These general terms and conditions apply to any offer from the entrepreneur and to any agreement concluded at a distance and orders between the entrepreneur and the consumer.
Before the distance agreement 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 agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request.
If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these conditions shall remain in force for the rest, and the relevant provision shall be replaced by mutual agreement as soon as possible, with a provision that approximates the purpose of the original as much as possible.
Article 3 - The offer
If an offer has a limited validity or is made subject to conditions, this will be expressly stated in the offer. The offer is without obligation, and the entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot give rise to damages or termination of the agreement. The entrepreneur cannot guarantee that the colors displayed in images exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the
acceptance of the offer. This concerns, in particular:
- The price including taxes;
- Any shipping costs;
- The manner in which the agreement will be concluded and what actions are necessary for this;
- The applicability of the right of withdrawal, if any;
- The method of payment, delivery, and execution of the agreement;
- The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- Whether the agreement will be archived after conclusion, and if so, how the consumer can access it;
- The way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding it;
- The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically.
Article 4 - The Agreement
The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions stated therein. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed the acceptance of the agreement, the consumer may terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take suitable security measures for this.
The entrepreneur can – within legal frameworks – ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this examination, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application, or to attach special conditions to the execution.
The entrepreneur will enclose the following information with the product or service for the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- The visiting address of the entrepreneur's establishment where the consumer can address complaints;
- The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- Information about warranties and existing after-sales service;
- The data included in article 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer prior to the execution of the agreement.
Each agreement is concluded subject to the suspensive condition of sufficient availability of the respective products.
Article 5 - Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for a period of 14 days. This cooling-off period starts on the day after the consumer, or a third party designated by the consumer and notified to the entrepreneur, has received the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he wishes to exercise his right of withdrawal, he shall return the product to the entrepreneur, with all accessories supplied, and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receipt of the product. After the consumer has indicated that he wishes to exercise his right of withdrawal, the product must be returned within 14 days. The consumer must prove that the goods have been returned on time, for example, by means of proof of dispatch.
If the customer has not indicated that he wishes to make use of his right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.
Article 6 - Costs in Case of Withdrawal
If the consumer exercises his right of withdrawal, the maximum cost of returning the goods shall be borne by him. If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition for this refund is that the product has already been received back by the web retailer or that conclusive evidence of complete return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method. The consumer is liable for any diminished value of the product resulting from the use of the product in a way beyond what is necessary to determine the nature, characteristics, and functioning of the product. The consumer cannot be held liable for any diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.
Article 7 - Exclusion of the Right of Withdrawal
The entrepreneur can exclude the right of withdrawal of the consumer for products as described in article 6. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- That have been made by the entrepreneur according to the specifications of the consumer;
- That cannot be returned due to their nature;
- That are liable to deteriorate or expire rapidly;
- Whose price is tied to fluctuations in the financial market that the entrepreneur has no control over;
-
For hygienic products whose seal has been broken by the consumer.
Article 8 - The Price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. The fact that prices may be subject to fluctuations and any prices mentioned are indicative will be stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- They are the result of legal regulations or provisions, or
- The consumer has the authority to terminate the agreement from the day the price increase takes effect.
The prices of products or services mentioned in the offer include VAT. 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.
Article 9 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing as soon as possible after delivery.
Article 10 - Delivery and Execution
The entrepreneur will take the greatest possible care when receiving orders for products and when assessing applications for the provision of services. The place of delivery is the address that the consumer has made known to the company. Florid Feelings aims to deliver accepted orders as quickly as possible, but no later than within 10 working days. If delivery is delayed or if an order cannot be executed or only partially executed, the consumer will be notified. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation. In the event of termination, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
Upon receipt of the order, the consumer must immediately inspect the delivered goods and immediately report any defects in writing to the above contact details. Florid Feelings is not liable for failed deliveries when the consumer provides an incorrect or outdated address or if no one is present at the address provided by the consumer. The total liability of Florid Feelings for any failure to meet its obligations will in no case exceed the purchase price of the product(s) in question.
Article 11 - Payment
If a payment method with a credit card is chosen, the conditions of the relevant card issuer apply. To ensure a secure payment and the security of your personal data, transaction details are sent encrypted over the internet using SSL technology. You do not need any special software to make an SSL payment. You can recognize a secure SSL connection by the 'lock' in the lower status bar of your browser. Unless otherwise agreed in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement.
In the sale of products to consumers, the consumer may never be obliged in the general terms and conditions to make a prepayment of more than 50%. If advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made. The consumer has the duty to report any inaccuracies in the provided or stated payment details to the entrepreneur without delay.
Article 12 - Complaints
Florid Feelings makes every effort to satisfy its customers. If there are still complaints about the execution of the agreement, the consumer can contact info@floridfeelings.com. Complaints must be fully and clearly described and submitted to the entrepreneur after the consumer has identified the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt.
Article 13 - Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer is domiciled abroad.
Article 14 - Additional or Deviating Provisions
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 the consumer can store them in an accessible manner on a durable data carrier.
Article 15- Changes to terms and conditions
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.