Terms and conditions
Amsterdam
Chamber of Commerce: 85156043
VAT no: NL004057345B06
Bank: NL45KNAB0416165664
shop.flora.bandana@gmail.com
florabandana.com
Article 1. Definitions
FLORA BANDANA, established in AMSTERDAM as a sole proprietorship under Chamber of Commerce no. 85156043
2. Buyer: the person with whom FLORA BANDANA has entered into an agreement.
3. Parties: FLORA BANDANA and consumer together.
4. Consumer: a customer who is also an individual and who acts as a natural person.
Article 2. Applicability of general terms and conditions
1. These conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services of products by or on behalf of FLORA BANDANA.
2. Parties may deviate from these terms and conditions if expressly requested in writing.
3. The parties explicitly exclude the validity of additional and/or deviating general terms and conditions of the consumer.
Article 3. Prices
1.All prices charged by FLORA BANDANA are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed - in writing - by the parties.
2.All prices that FLORA BANDANA charges for its products or services, on its website or that are otherwise made known, FLORA BANDANA may change at any time.
3.Increases in the cost prices of products or parts thereof, which FLORA BANDANA could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4.The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
FLORA BANDANA has the right to adjust the prices annually.
5.The consumer has the right to terminate the agreement with FLORA BANDANA (in writing) if the aforementioned party does not agree with the price increase.
Article 4. Payments and payment terms
1.When entering into the agreement, FLORA BANDANA may expect payment to be made no later than eight (7) days after the invoice of the order date by online or by advance payment, otherwise in writing.
2.Payment terms are regarded as strict payment terms. The final term of the payment term has been met, without ten having to issue a reminder to the consumer or to put it in default.
3. FLORA BANDANA are entitled to make a delivery conditional on immediate payment or to demand a security for the total amount of the services of products.
Article 5. Consequences of not paying on time
1. If the customer does not pay within the agreed term, FLORA BANDANA is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
2.If the customer is in default, he also owes extrajudicial collection costs and any compensation to FLORA BANDANA.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
3. If the customer does not pay on time, FLORA BANDANA may suspend its obligations until the customer has fulfilled its payment obligation.
4. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, the claims of FLORA BANDANA against the customer are immediately due and payable.
5. If the customer refuses to cooperate with the execution of the agreement by FLORA BANDANA, the customer is still obliged to pay the agreed price to FLORA BANDANA.
Article 6. Right of complaint
1. As soon as the customer is in default, FLORA BANDANA is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
FLORA BANDANA invokes the right of advertising by means of a written or electronic communication.
2. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to FLORA BANDANA, unless the parties agree otherwise.
3. The costs for the return or return of the products will be borne by the customer.
Article 8. Right of suspension
1. Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Article 9. Right of retention
1. FLORA BANDANA can invoke its right of retention and in that case keep the customer's products in its possession until the customer has paid all outstanding invoices with regard to FLORA BANDANA, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to FLORA BANDANA.
FLORA BANDANA is never liable for any damage that the customer may suffer as a result of using his right of retention.
Article 13. Delivery time
1. The delivery times specified by FLORA BANDANA are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts at the moment that the customer has completely completed the (electronic) order process and has received an (electronic confirmation) from FLORA BANDANA.
3. Article 14. Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Article 15. Transport costs
Transport costs are for the account of FLORA BANDANA, unless the parties have agreed otherwise.
Article 16. Packaging and shipping
If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which FLORA BANDANA cannot be held liable for any injury.
If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to FLORA BANDANA prior to transport, failing which FLORA BANDANA cannot be held liable for any damage.
Chamber of Commerce: 85156043
VAT no: NL004057345B06
Bank: NL45KNAB0416165664
shop.flora.bandana@gmail.com
florabandana.com
Article 1. Definitions
FLORA BANDANA, established in AMSTERDAM as a sole proprietorship under Chamber of Commerce no. 85156043
2. Buyer: the person with whom FLORA BANDANA has entered into an agreement.
3. Parties: FLORA BANDANA and consumer together.
4. Consumer: a customer who is also an individual and who acts as a natural person.
Article 2. Applicability of general terms and conditions
1. These conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services of products by or on behalf of FLORA BANDANA.
2. Parties may deviate from these terms and conditions if expressly requested in writing.
3. The parties explicitly exclude the validity of additional and/or deviating general terms and conditions of the consumer.
Article 2. Applicability of general terms and conditions
1.These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of FLORA BANDANA
2.Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
3.The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the consumer or of third parties.
1.These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of FLORA BANDANA
2.Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
3.The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the consumer or of third parties.
Article 3. Prices
1.All prices charged by FLORA BANDANA are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed - in writing - by the parties.
2.All prices that FLORA BANDANA charges for its products or services, on its website or that are otherwise made known, FLORA BANDANA may change at any time.
3.Increases in the cost prices of products or parts thereof, which FLORA BANDANA could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4.The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
FLORA BANDANA has the right to adjust the prices annually.
5.The consumer has the right to terminate the agreement with FLORA BANDANA (in writing) if the aforementioned party does not agree with the price increase.
Article 4. Payments and payment terms
1.When entering into the agreement, FLORA BANDANA may expect payment to be made no later than eight (7) days after the invoice of the order date by online or by advance payment, otherwise in writing.
2.Payment terms are regarded as strict payment terms. The final term of the payment term has been met, without ten having to issue a reminder to the consumer or to put it in default.
3. FLORA BANDANA are entitled to make a delivery conditional on immediate payment or to demand a security for the total amount of the services of products.
Article 5. Consequences of not paying on time
1. If the customer does not pay within the agreed term, FLORA BANDANA is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
2.If the customer is in default, he also owes extrajudicial collection costs and any compensation to FLORA BANDANA.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
3. If the customer does not pay on time, FLORA BANDANA may suspend its obligations until the customer has fulfilled its payment obligation.
4. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, the claims of FLORA BANDANA against the customer are immediately due and payable.
5. If the customer refuses to cooperate with the execution of the agreement by FLORA BANDANA, the customer is still obliged to pay the agreed price to FLORA BANDANA.
Article 6. Right of complaint
1. As soon as the customer is in default, FLORA BANDANA is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
FLORA BANDANA invokes the right of advertising by means of a written or electronic communication.
2. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to FLORA BANDANA, unless the parties agree otherwise.
3. The costs for the return or return of the products will be borne by the customer.
Article 8. Right of suspension
1. Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Article 9. Right of retention
1. FLORA BANDANA can invoke its right of retention and in that case keep the customer's products in its possession until the customer has paid all outstanding invoices with regard to FLORA BANDANA, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to FLORA BANDANA.
FLORA BANDANA is never liable for any damage that the customer may suffer as a result of using his right of retention.
Article 10. Settlement
Unless the customer is a consumer, the customer waives his right to set off a debt owed to FLORA BANDANA against a claim against FLORA BANDANA.
Article 11. Retention of title
1. FLORA BANDANA remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards FLORA BANDANA on the basis of any agreement concluded with FLORA BANDANA, including claims for failure to perform.
2. Until the payment obligation has been met in full, FLORA BANDANA can invoke its retention of title and reclaim the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If FLORA BANDANA invokes its retention of title, the agreement is deemed to have been dissolved and FLORA BANDANA has the right to claim compensation, lost profit and interest.
Unless the customer is a consumer, the customer waives his right to set off a debt owed to FLORA BANDANA against a claim against FLORA BANDANA.
Article 11. Retention of title
1. FLORA BANDANA remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards FLORA BANDANA on the basis of any agreement concluded with FLORA BANDANA, including claims for failure to perform.
2. Until the payment obligation has been met in full, FLORA BANDANA can invoke its retention of title and reclaim the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If FLORA BANDANA invokes its retention of title, the agreement is deemed to have been dissolved and FLORA BANDANA has the right to claim compensation, lost profit and interest.
Article 12. Delivery
Delivery of products ordered online takes place at the address specified by the customer.
If the agreed amounts are not paid or not paid on time, FLORA BANDANA has the right to suspend its obligations until the agreed part has been paid.
In the event of late payment, there is a default of creditors, with the result that the customer cannot object to FLORA BANDANA a late delivery.
Delivery of products ordered online takes place at the address specified by the customer.
If the agreed amounts are not paid or not paid on time, FLORA BANDANA has the right to suspend its obligations until the agreed part has been paid.
In the event of late payment, there is a default of creditors, with the result that the customer cannot object to FLORA BANDANA a late delivery.
Article 13. Delivery time
1. The delivery times specified by FLORA BANDANA are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts at the moment that the customer has completely completed the (electronic) order process and has received an (electronic confirmation) from FLORA BANDANA.
3. Article 14. Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Article 15. Transport costs
Transport costs are for the account of FLORA BANDANA, unless the parties have agreed otherwise.
Article 16. Packaging and shipping
If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which FLORA BANDANA cannot be held liable for any injury.
If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to FLORA BANDANA prior to transport, failing which FLORA BANDANA cannot be held liable for any damage.
Article 17. Insurance
1. The customer undertakes to insure the following items sufficiently and to keep them insured against, among other things, fire, explosion and water damage as well as theft, items supplied that are necessary for the execution of the underlying agreement, items of FLORA BANDANA that are present at the client's, goods delivered under retention of title.
Article 19. Warranty
1. When the parties have entered into an agreement with a service-providing nature, it only contains obligations of effort for FLORA BANDANA , not obligations of results.
2. The warranty with respect to products only applies to defects caused by faulty manufacture, construction or material.
3.The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
4.The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when these are legally and/or actually delivered, or at least come under the control of the customer or third parties. who takes delivery of the product on behalf of the customer.
Article 23. Term of the agreement
1.If an agreement has been entered into for a definite period, it will be tacitly converted into an agreement for an indefinite period after expiry of the term, unless one of the parties terminates the agreement with due observance of a notice period of 2 months, or a consumer terminates the agreement with observing a notice period of 1 month, the agreement will end by operation of law.
2.If the parties have agreed on a term for the completion of certain work within the term of the agreement, this is never a strict deadline. If this term is exceeded, the customer must give FLORA BANDANA written notice of default.
Article 25. Confidentiality
1.The customer shall keep secret any information he receives (in whatever form) from FLORA BANDANA.
2.The same applies to all other information concerning FLORA BANDANA which he knows or can reasonably suspect to be secret or confidential, or which he can expect that its dissemination could cause damage to FLORA BANDANA.
3.The customer takes all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 secret.
4.The duty of confidentiality described in this article does not apply to information:
- Which was already public before the customer learned this information or which has subsequently become public without being the result of a breach of the customer's duty of confidentiality
- Which is made public by the customer on the basis of a legal obligation
1. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.
Article 29. Notice of default
The customer must notify FLORA BANDANA of any notice of default in writing.
It is the customer's responsibility that a notice of default actually reaches FLORA BANDANA (on time).
1.In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by FLORA BANDANA in the fulfillment of any obligation with regard to the customer cannot be attributed to FLORA BANDANA in a situation independent of the will of FLORA BANDANA, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from FLORA BANDANA.
2.The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3.If a force majeure situation arises as a result of which FLORA BANDANA cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until FLORA BANDANA can fulfill them again.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
FLORA BANDANA does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.
Article 35. Amendment of the agreement
1.If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
Article 36. Amendment of general terms and conditions
1.FLORA BANDANA is entitled to amend or supplement these general terms and conditions.
2.Minor changes can be made at any time.
FLORA BANDANA will discuss major substantive changes with the customer in advance as much as possible.
3.Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
1. The customer undertakes to insure the following items sufficiently and to keep them insured against, among other things, fire, explosion and water damage as well as theft, items supplied that are necessary for the execution of the underlying agreement, items of FLORA BANDANA that are present at the client's, goods delivered under retention of title.
2. At the first request of FLORA BANDANA, the customer makes the policy of these insurances available for inspection.Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless FLORA BANDANA cannot deliver within 14 days after having been summoned to do so in writing or the parties have agreed otherwise.
Article 18. Retention
If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
Article 19. Warranty
1. When the parties have entered into an agreement with a service-providing nature, it only contains obligations of effort for FLORA BANDANA , not obligations of results.
2. The warranty with respect to products only applies to defects caused by faulty manufacture, construction or material.
3.The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
4.The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when these are legally and/or actually delivered, or at least come under the control of the customer or third parties. who takes delivery of the product on behalf of the customer.
Article 21. Performance of the agreement
1.FLORA BANDANA will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2.FLORA BANDANA has the right to have the agreed services (partially) performed by third parties.
3.The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
4.It is the customer's responsibility that FLORA BANDANA can start the execution of the agreement on time.
5.If the customer has not ensured that FLORA BANDANA can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.
Article 22. Provision of information by the customer
1.The customer makes all information, data and documents relevant for the correct execution of the agreement available to FLORA BANDANA in a timely manner and in the desired form and manner.
2.The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
3.If and insofar as the customer requests this, FLORA BANDANA will return the relevant documents.
4.If the customer does not provide the information, data or documents reasonably required by FLORA BANDANA, not in time or properly, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer.
1.FLORA BANDANA will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2.FLORA BANDANA has the right to have the agreed services (partially) performed by third parties.
3.The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
4.It is the customer's responsibility that FLORA BANDANA can start the execution of the agreement on time.
5.If the customer has not ensured that FLORA BANDANA can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.
Article 22. Provision of information by the customer
1.The customer makes all information, data and documents relevant for the correct execution of the agreement available to FLORA BANDANA in a timely manner and in the desired form and manner.
2.The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
3.If and insofar as the customer requests this, FLORA BANDANA will return the relevant documents.
4.If the customer does not provide the information, data or documents reasonably required by FLORA BANDANA, not in time or properly, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer.
Article 23. Term of the agreement
1.If an agreement has been entered into for a definite period, it will be tacitly converted into an agreement for an indefinite period after expiry of the term, unless one of the parties terminates the agreement with due observance of a notice period of 2 months, or a consumer terminates the agreement with observing a notice period of 1 month, the agreement will end by operation of law.
2.If the parties have agreed on a term for the completion of certain work within the term of the agreement, this is never a strict deadline. If this term is exceeded, the customer must give FLORA BANDANA written notice of default.
Article 24. Intellectual property
1.FLORA BANDANA retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc. ., unless the parties have agreed otherwise in writing.
2.The customer may not copy, show to third parties and/or make them available or use them in any other way without the prior written permission of FLORA BANDANA.
1.FLORA BANDANA retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc. ., unless the parties have agreed otherwise in writing.
2.The customer may not copy, show to third parties and/or make them available or use them in any other way without the prior written permission of FLORA BANDANA.
Article 25. Confidentiality
1.The customer shall keep secret any information he receives (in whatever form) from FLORA BANDANA.
2.The same applies to all other information concerning FLORA BANDANA which he knows or can reasonably suspect to be secret or confidential, or which he can expect that its dissemination could cause damage to FLORA BANDANA.
3.The customer takes all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 secret.
4.The duty of confidentiality described in this article does not apply to information:
- Which was already public before the customer learned this information or which has subsequently become public without being the result of a breach of the customer's duty of confidentiality
- Which is made public by the customer on the basis of a legal obligation
1. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.
Article 26. Penalty clause
1. If the consumer violates the article of these general terms and conditions about confidentiality or about intellectual property, he forfeits an immediately due and payable fine for each violation for the benefit of the trade name.
- if the other party is a natural person, this fine is € 1,000.
- if the other party is a legal person, this fine is € 5,000
2.In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that that violation continues.
No prior notice of default or legal proceedings are required for the forfeiture of this fine. There is also no need for any kind of damage.
3. Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of FLORA BANDANA, including its right to claim compensation in addition to the fine.
1. If the consumer violates the article of these general terms and conditions about confidentiality or about intellectual property, he forfeits an immediately due and payable fine for each violation for the benefit of the trade name.
- if the other party is a natural person, this fine is € 1,000.
- if the other party is a legal person, this fine is € 5,000
2.In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that that violation continues.
No prior notice of default or legal proceedings are required for the forfeiture of this fine. There is also no need for any kind of damage.
3. Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of FLORA BANDANA, including its right to claim compensation in addition to the fine.
Article 26. Penalty clause
1.If the consumer violates the article of these general terms and conditions about confidentiality or about intellectual property, he forfeits an immediately due and payable fine for each violation for the benefit of the trade name.
- if the other party is a natural person, this fine is € 1,000.
- if the other party is a legal person, this fine is € 5,000
2.In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that that violation continues.
No prior notice of default or legal proceedings are required for the forfeiture of this fine. There is also no need for any kind of damage.
3.Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of FLORA BANDANA, including its right to claim compensation in addition to the fine.
Article 27. Indemnification
1. The customer indemnifies FLORA BANDANA against all claims from third parties related to the products and/or services supplied by FLORA BANDANA.
1.If the consumer violates the article of these general terms and conditions about confidentiality or about intellectual property, he forfeits an immediately due and payable fine for each violation for the benefit of the trade name.
- if the other party is a natural person, this fine is € 1,000.
- if the other party is a legal person, this fine is € 5,000
2.In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that that violation continues.
No prior notice of default or legal proceedings are required for the forfeiture of this fine. There is also no need for any kind of damage.
3.Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of FLORA BANDANA, including its right to claim compensation in addition to the fine.
Article 27. Indemnification
1. The customer indemnifies FLORA BANDANA against all claims from third parties related to the products and/or services supplied by FLORA BANDANA.
Article 28. Complaints
1.The customer must examine a product or service provided by FLORA BANDANA as soon as possible for any shortcomings.
2.If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform FLORA BANDANA of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. This can be done by phone or by e-mail at info@tien-over-tien.nl
3.Consumers must inform FLORA BANDANA of this within 2 months after discovery of the shortcomings.
4.The customer provides as detailed a description as possible of the shortcoming, so that FLORA BANDANA is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
6.If a complaint relates to ongoing work, this can in any case not lead to FLORA BANDANA being obliged to perform other work than has been agreed.
1.The customer must examine a product or service provided by FLORA BANDANA as soon as possible for any shortcomings.
2.If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform FLORA BANDANA of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. This can be done by phone or by e-mail at info@tien-over-tien.nl
3.Consumers must inform FLORA BANDANA of this within 2 months after discovery of the shortcomings.
4.The customer provides as detailed a description as possible of the shortcoming, so that FLORA BANDANA is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
6.If a complaint relates to ongoing work, this can in any case not lead to FLORA BANDANA being obliged to perform other work than has been agreed.
Article 29. Notice of default
The customer must notify FLORA BANDANA of any notice of default in writing.
It is the customer's responsibility that a notice of default actually reaches FLORA BANDANA (on time).
Article 30. Customer joint and several liability
If FLORA BANDANA enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to FLORA BANDANA under that agreement.
Article 31. Liability FLORA BANDANA
1.FLORA BANDANA is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
2.If FLORA BANDANA is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
FLORA BANANA is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
3.If FLORA BANDANA is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.
4.All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
If FLORA BANDANA enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to FLORA BANDANA under that agreement.
Article 31. Liability FLORA BANDANA
1.FLORA BANDANA is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
2.If FLORA BANDANA is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
FLORA BANANA is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
3.If FLORA BANDANA is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.
4.All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Article 32. Expiration period
1.Any right of the customer to compensation from FLORA BANDANA expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
1.Any right of the customer to compensation from FLORA BANDANA expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Article 33. Right to rescission
1.The customer has the right to dissolve the agreement if FLORA BANDANA imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
2.If the fulfillment of the obligations by FLORA BANDANA is not permanently or temporarily impossible, dissolution can only take place after Tien Over Tien is in default.
FLORA BANDANA has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if FLORA BANDANA has taken cognizance of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill its obligations.
1.The customer has the right to dissolve the agreement if FLORA BANDANA imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
2.If the fulfillment of the obligations by FLORA BANDANA is not permanently or temporarily impossible, dissolution can only take place after Tien Over Tien is in default.
FLORA BANDANA has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if FLORA BANDANA has taken cognizance of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill its obligations.
Article 34. Force majeure
1.In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by FLORA BANDANA in the fulfillment of any obligation with regard to the customer cannot be attributed to FLORA BANDANA in a situation independent of the will of FLORA BANDANA, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from FLORA BANDANA.
2.The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3.If a force majeure situation arises as a result of which FLORA BANDANA cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until FLORA BANDANA can fulfill them again.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
FLORA BANDANA does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.
Article 35. Amendment of the agreement
1.If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
Article 36. Amendment of general terms and conditions
1.FLORA BANDANA is entitled to amend or supplement these general terms and conditions.
2.Minor changes can be made at any time.
FLORA BANDANA will discuss major substantive changes with the customer in advance as much as possible.
3.Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Article 37. Transfer of rights
1.Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of FLORA BANDANA.
2.This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.
1.Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of FLORA BANDANA.
2.This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.
Article 38. Consequences of nullity or voidability
1.If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
2.A provision that is null or voidable will in that case be replaced by a provision that comes closest to what FLORA BANDANA had in mind when drafting the conditions on that point.
1.If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
2.A provision that is null or voidable will in that case be replaced by a provision that comes closest to what FLORA BANDANA had in mind when drafting the conditions on that point.
Article 39. Applicable law and competent court
Only Dutch law applies to every agreement between the parties.
2. The Dutch court in the district where FLORA BANDANA is located / has its practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
Only Dutch law applies to every agreement between the parties.
2. The Dutch court in the district where FLORA BANDANA is located / has its practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.