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Terms and Conditions Seaflower
These General Terms and Conditions of Seaflower are based on a consultation with the Consumers’ Association within the framework of the Coordination Group Self-regulation Consultation (CZ) of the Social and Economic Council and will enter into force on 1 June 2014.
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 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra warranty
Article 13 – Delivery and implementation
Article 14 – Duration transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or different stipulations
Article 1 – Definitions
In these conditions the following terms have the following meanings:
1. Additional agreement: an agreement whereby the consumer acquires products, services in connection with a distance contract and these goods, services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Duration agreement: an agreement that extends to the regular delivery of goods, services during a certain period;
6. Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
7. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period; orders placed as a company are excluded of this right of withdraw.
8. Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
9. Remote agreement: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and / or services, whereby one or more techniques are exclusively or partly used up to the conclusion of the agreement. for remote communication;
10. Technology for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet simultaneously in the same space.
Article 2 – Identity of the entrepreneur
Seaflower
Visiting address
Cobbenhagenstraat 16
2288ET, Rijswijk
The Netherlands
Telephone number: +31640824675
Email address: info@seaflowerstore.com
Account number (IBAN): NL31 RABO 0306 9631 75 BIC: RABONL2U t.n.v. Seaflower
Chamber of Commerce number: 70911452
Establishment no. 000027444627
VAT identification number: NL002019996B43
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed by the entrepreneur and that they will be sent free of charge at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it is consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply similar applications and in the event of conflicting conditions the consumer can always invoke the applicable provision that is most appropriate to him. is beneficial.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a representation of the products and / or services offered (no rights can be granted if the delivered product differs due to manufacture changes that will not effect the working of the object). Obvious mistakes or obvious errors in the offer (eg product description) do not bind the entrepreneur. Also, product changes are possible by the manufacturer without the entrepreneur being informed.
3. 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 delivery costs;
·The way in which the agreement will be concluded and what actions are required for this;
·Whether or not the right of withdrawal applies;
·the method of payment, delivery or implementation of the agreement;
·the period for accepting the offer, or the period for adhering to the price;
·the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
·if the contract is filed after conclusion, how it can be consulted by the consumer;
·the way in which the consumer can obtain information about actions he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
·any languages in which, in addition to Dutch, the contract can be concluded;
·the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
·the minimum duration of the distance contract in the event of an agreement that extends to the continuous or periodic delivery of products or services.
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can, within legal frameworks, inform himself 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 contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. At the latest upon delivery of the product or service to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. 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;
c. information about guarantees and existing after-sales service;
d. the price including all taxes on the product or service; insofar as applicable the delivery costs; and the method of payment, delivery or implementation of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal (EU only)
With products:
1. The consumer can terminate an agreement with regard to the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s). Within these 14 days you can view, rate and try the item as you would in a store, unless otherwise stated.
2. This does not apply to products that have been used, such as technology, magazines, food, test sets, specially ordered items and custom-built products such as. Aquariums, sumps and skimmers. The goods must be returned complete, undamaged, unused and in original packaging including warranty cards if supplied. The return costs are then for the account of the buyer. Seaflower will refund the amount paid to the buyer within a period of 30 days after receipt and inspection of the return goods or cancellation of the order.
3. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, if he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with a different delivery time.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
c. for contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
Article 7 – Obligations of the consumer during the reflection period (EU only)
1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he should in a shop. Products should therefore not be used in water, as this is not possible in the store.
2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer (companies are excluded from the right of withdrawal) and costs thereof (EU only)
1. If the consumer exercises his right of withdrawal, he will report this within the cooling-off period by means of the model form for revocation or otherwise unambiguously to the entrepreneur (eg an email to info@seaflowerstore.com). If there has been no contact between the consumer and Seaflower (and agreement from Seaflower), we will not process returned products.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product at the buyer’s expense (costs vary by country), or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired. Product must not have been used
3. The consumer returns the product with all accessories supplied, in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. After receipt from the seller, we check the condition and functioning of the product.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. For The Netherlands this is around € 7, for other countries the local shipping costs apply.
6. If by returning part of the items the original purchase amount is less than € 50, we will deduct the shipping costs, which you would have originally paid, against the amount to be refunded.
7. If the consumer withdraws after first expressly requesting that the provision of the service or the delivery of the article during the reflection period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that the entrepreneur has fulfilled on the moment of withdrawal, compared to full compliance with the commitment.
8. If the consumer makes use of his right of withdrawal, all additional agreements will be made by operation of law [1] disband.
Article 9 – Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
2. The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay, but within 14 days following the day on which the consumer reports the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
3. The entrepreneur uses the same payment method that the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
1. Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and / or services;
3. Service contracts, after full performance of the service, but only if:
a. Service contracts, after full performance of the service, but only if:
b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
4. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
5. Products of which the description expressly states that returns are not possible, especially electronic replacement parts;
6. Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that, for reasons of health protection or hygiene, are not suitable for return and of which the seal has been broken after delivery;
9. Products that by their nature are irrevocably mixed with other products;
10. Alcoholic drinks, the price of which was agreed when the contract was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market on which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software, of which the seal was broken after delivery;
12. Newspapers, magazines or magazines, with the exception of subscriptions to these.
Article 11 – The price
1. During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT of the customer country in the EU, unless it concerns a shipment outside the EU for which no VAT must be charged.
Article 12 – Compliance agreement and (extra) warranty
1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. An extra guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement. .
4. Warranty is only given if the buyer can provide proof of purchase. Any costs for returns are for the account of the customer (approximately € 7 in the Netherlands, return costs from abroad can be requested locally). Should the item qualify for warranty (depends on product and duration mentioned in the manual of the product (can be 1 year up to 3years)), we will send a repaired or new item to the customer at our expense (in the EU, outside the EU the buyer must pay for both shipments). If after investigation the article works properly, there is no warranty, but incorrect use, then we are obliged to charge research costs and the customer must reimburse the return costs. Research costs are € 30 per hour.
Article 13 – Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur. The customer should check the delivery within 24hours and report any abnormalties within 48 hours.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but at the latest within 30 days, unless another delivery term has been agreed. (this does not apply due to situations that cause a delay in the transport process due to eg a Covid-19 lockdown). If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs, this is only possible after the product has been received.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid, as soon as the product has been returned.
5. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and representative announced to the entrepreneur, unless expressly agreed otherwise.
6. The consumer is responsible for paying the costs incurred when importing products (eg import duties, VAT, etc.) according to the rules of their country. Costs arising from the non-acceptance of the shipment will be charged to the consumer. eg the return costs.
7. The customer is responsible for knowing the laws in their own country regarding certain prohibited substances, usage and shipment thereof. Seaflower is not responsible if a shipment is stopped by parcel services and/or customs. There will be no refund in these cases.
Article 14 – Duration transactions: duration, cancellation and extension
Cancellation:
1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of at least top one month.
3. The consumer can the agreements mentioned in the previous paragraphs:
– cancel at any time and not be limited to cancellation at a specific time or in a specific period;
– at least cancel in the same way as they have been entered into by him;
– always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension:
4. A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
5. Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a maximum period of three months, if the consumer has this extended contract for a can terminate the extension with a notice period of up to one month.
6. A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration:
8. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 15 – Payment
1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the event of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service (s) concerned before the stipulated prepayment has taken place.
3. The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
4. If the consumer does not meet his payment obligation (s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the aforementioned amounts and percentages for the benefit of the consumer.
5. Payments with business credit cards or credit cards registered outside the EU, we charge 2.3% transaction costs (this happens afterwards)
6. For PayPal payments we charge the payment with an addition amount equal to the cost that PayPal charges us, when the customer wants to cancel there order, these costs will not be refunded due to the fact that PayPal doesn’t refund the costs to us.
Article 16 – Complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months after the complaint has been submitted, a dispute will arise that is subject to the dispute settlement procedure.
Article 17 – Disputes
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
2. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
3. The dispute must be submitted to the Disputes Committee in writing no later than three months after the dispute has arisen.
4. When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wants to do that, the consumer will have to state in writing within five weeks after a request made in writing by the entrepreneur whether he wishes to do so or whether he wants the dispute to be dealt with by the competent court. The entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
5. The Disputes Committee will not handle a dispute or discontinue it if the entrepreneur has been granted a moratorium, has been declared bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the hearing and a final decision. has been pointed out.
Article 18 – Additional or different stipulations
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.