Table of Contents:

Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Performance
Article 12 - Duration Transactions: Duration, Termination and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

In these Terms and Conditions, the following definitions shall apply:

Cooling-off period: the period during which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to a trade, business or profession and who enters into a distance agreement with the entrepreneur;
Day: calendar day;
Duration transaction: a distance agreement relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
Durable data carrier: any medium that enables the consumer or entrepreneur to store information addressed personally to them in such a way that it can be consulted in the future and reproduced unchanged;
Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
Model withdrawal form: the withdrawal form made available by the entrepreneur which the consumer may complete when exercising the right of withdrawal;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
Means of distance communication: any means that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same place at the same time;
Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

DriedRoses.com
2e Poellaan 30-32
2161 CJ Lisse ZH
The Netherlands
T: +31 6 8300 8125
E:

Article 3 - Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the agreement is concluded that the Terms and Conditions can be inspected at the entrepreneur's premises and will be sent free of charge to the consumer upon request as soon as possible.
If the distance agreement is concluded electronically, then, notwithstanding the previous paragraph and before the agreement is concluded, the text of these General Terms and Conditions may be made available electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the agreement is concluded where the Terms and Conditions can be consulted electronically and that they will be sent electronically or by other means free of charge upon request.
If specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly. In the event of conflicting conditions, the consumer may always invoke the provision that is most favourable to them.
If one or more provisions of these General Terms and Conditions are wholly or partially void or become invalid at any time, the agreement and the remaining provisions shall remain in force. The provision concerned shall be replaced by mutual agreement with a provision that reflects the purpose and intent of the original provision as closely as possible.
Situations not covered by these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of these General Terms and Conditions shall also be interpreted in accordance with the spirit of these General Terms and Conditions.

Article 4 - The Offer

If an offer has a limited period of validity or is subject to conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to amend or adjust 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All images, specifications and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Product images are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colours displayed exactly match the actual colours of the products.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to acceptance of the offer. This includes in particular:
the price, including taxes;
any delivery costs, where applicable;
the manner in which the agreement will be concluded and the actions required for this purpose;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period during which the entrepreneur guarantees the price;
the level of charges for means of distance communication if these are calculated on a basis other than the regular basic rate;
whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer;
the manner in which the consumer can check and, if necessary, correct the information provided before concluding the agreement;
the languages in which the agreement may be concluded, in addition to Dutch;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes electronically;
and the minimum duration of the distance agreement in the case of a duration transaction.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.
Within the limits of the law, the entrepreneur may investigate whether the consumer is able to fulfil their payment obligations, as well as all facts and factors relevant to responsibly entering into the agreement. If, based on this investigation, the entrepreneur has valid reasons not to conclude the agreement, they are entitled to refuse an order or request, stating the reasons, or to attach special conditions to its performance.
The entrepreneur shall provide the consumer with the following information, in writing or in a manner that allows it to be stored on a durable data carrier, together with the product or service:
the visiting address of the entrepreneur's establishment where the consumer can submit complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of this right;
information regarding guarantees and after-sales service;
the information referred to in Article 4, paragraph 3 of these Terms and Conditions, unless this information has already been provided before the agreement was performed;
the conditions for terminating the agreement if it has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is concluded subject to the condition that the relevant products are sufficiently available.

Article 6 - Right of Withdrawal

For the delivery of products:

When purchasing products, the consumer has the right to withdraw from the agreement without giving any reason within 14 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, has received the product.
During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the product with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product by means of the model withdrawal form. After notifying the entrepreneur, the consumer must return the product within a further 14 days. The consumer must be able to prove that the goods were returned on time, for example by providing proof of shipment.
If the consumer has neither notified the entrepreneur of their intention to withdraw nor returned the product after the periods referred to in paragraphs 2 and 3 have expired, the purchase becomes final.

For the provision of services:

When services are provided, the consumer has the right to withdraw from the agreement without giving any reason within at least 14 days from the date the agreement was concluded.
To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery of the service.

Article 7 - Costs in the Event of Withdrawal

If the consumer exercises the right of withdrawal, they shall bear no more than the direct costs of returning the goods.
If the consumer has made a payment, the entrepreneur shall reimburse this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the entrepreneur or that conclusive proof of complete return has been provided. Reimbursement will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
If the product has been damaged as a result of careless handling by the consumer, the consumer shall be liable for any reduction in the value of the product.
The consumer cannot be held liable for any reduction in the value of the product if the entrepreneur has failed to provide all legally required information regarding the right of withdrawal.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for the products and services listed below, provided that this has been clearly stated in the offer or at least before the agreement was concluded.

Exclusion of the right of withdrawal is only possible for products:

that have been manufactured according to the consumer's specifications;
that are clearly of a personal nature;
that cannot be returned due to their nature;
that deteriorate quickly or have a limited shelf life;
whose price is subject to fluctuations in the financial market beyond the entrepreneur's control;
consisting of individual newspapers and magazines;
consisting of audio or video recordings and computer software whose seal has been broken by the consumer;
consisting of hygiene products whose seal has been broken after delivery.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
where performance has begun with the consumer's explicit consent before the cooling-off period has expired;
relating to betting and lotteries.

Article 9 - The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the entrepreneur has no control. This dependency on market fluctuations and the fact that any prices stated are indicative prices shall be mentioned in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or legal provisions.
Price increases more than three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they result from statutory regulations or legal provisions; or
the consumer is entitled to terminate the agreement with effect from the date on which the price increase takes effect.
The prices stated in the offer for products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing or typographical errors, the entrepreneur is not obliged to supply the product at the incorrect price.

Article 10 - 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 usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
Any warranty provided by the entrepreneur, manufacturer or importer shall not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.
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.
The warranty does not apply if:
the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions, handled carelessly or used contrary to the entrepreneur's instructions and/or the instructions on the packaging;
the defect is wholly or partly the result of government regulations concerning the nature or quality of the materials used.

Article 11 - Delivery and Performance

The entrepreneur shall exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery shall be the address provided by the consumer to the entrepreneur.
Subject to the provisions of Article 4 of these Terms and Conditions, the entrepreneur shall execute accepted orders promptly, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the consumer shall be informed no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge and is entitled to any applicable compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund any amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a suitable replacement product. At the latest upon delivery, it will be clearly stated that a replacement product is being supplied. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage to or loss of the products remains with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
at any time and shall not be limited to termination at a specific time or during a specific period;
at least in the same manner in which they were concluded;
always subject to the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement for the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed period.
By way of exception to the previous paragraph, a fixed-term agreement for the regular delivery of daily newspapers, weekly newspapers, magazines or periodicals may be automatically renewed for a maximum period of three months, provided that the consumer may terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.
A fixed-term agreement for the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. If the agreement concerns the regular, but less than monthly, delivery of daily newspapers, weekly newspapers or magazines, the notice period shall be no more than three months.
A fixed-term agreement for the regular delivery of daily newspapers, weekly newspapers or magazines by way of an introductory subscription shall not be automatically renewed and shall end automatically after the introductory period has expired.

Duration

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 prevent termination before the agreed end date.

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins on the day after the consumer has received confirmation of the agreement.
The consumer is obliged to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
If the consumer fails to fulfil their payment obligation on time, they shall, after being notified of the late payment by the entrepreneur and after the entrepreneur has granted the consumer a period of 14 days to fulfil the payment obligation, owe statutory interest on the outstanding amount if payment has still not been made within this 14-day period. The entrepreneur is also entitled to charge any extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on the first €2,500, 10% on the next €2,500 and 5% on the following €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favour of the consumer.

Article 14 - Complaints Procedure

The entrepreneur has a sufficiently publicised complaints procedure and shall handle complaints in accordance with this procedure.
Complaints regarding the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint is expected to require a longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the event of complaints, the consumer should first contact the entrepreneur. Consumers within the European Union may also submit complaints through the European Commission's Online Dispute Resolution (ODR) platform (http://ec.europa.eu/odr). If the complaint cannot be resolved otherwise, it may be submitted through this platform.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply shall be governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.
The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Article 16 - Additional or Deviating Provisions

Any additional provisions or provisions deviating from these General Terms and Conditions may not be detrimental to the consumer and must be recorded in writing or made available in such a way that they can be stored by the consumer on a durable data carrier.