General terms and conditions Bachfloweradvice.com

Last adaptation:  14/03/2017

table of contents

Clause   1 – Identity of the vendor
Clause   2 – Applicability
Clause   3 – Our offer and your order
Clause   4 – Right of withdrawal
Clause   5 – Price
Clause   6 – Payment
Clause   7 – Conformity and warranty
Clause   8 – Delivery and execution
Clause   9 – Duration
Clause 10 – Force majeure
Clause 11 – Intellectual property
Clause 11 – Complaints procedure and conflicts

Clause 1      Identity of the vendor

We are:

Ser Feliz
Established in Gullegemsesteenweg 131,
8501 Bissegem,
Belgium

Email address: tom at bachfloweradvice.com
Company number:  0032 487 20 01 73
VAT-number: BE0898.624.232

Clause 2      Applicability and conditions

  1. Our terms and conditions are applicable to every offer from us as a webshop to you as Consumer (every natural person who, for non-occupational purposes alone, purchases or uses goods or services made available on the market).

  2. To be able to place an order, you must above the age of 18. If you are younger than 18, we ask you to let a parent or legal guardian place your order. If it comes to our attention that an order is made by a minor, we reserve the right to decline your order.

  3. Placing an online order on the website constitutes a formal acceptance of our terms and conditions, which are always available through our website.

  4. If in addition to these terms and conditions, additional special conditions apply, the above applies also to those special conditions. You as consumer can always invoke to your advantage the most preferential text if our terms and conditions would be contrary to the above special conditions.

Clause 3      our offer and your order

  1. We explicitly state in our offer when the latter is only valid for a constrained period of time or is subjected to specific conditions.

  2. We always describe as complete and accurate as possible what we sell to you as well as the course of our delivery process. The description is in any case sufficiently detailed to allow you to make a proper assessment. If we make use of graphics, they are a true reflection of the offered goods and / or services. However, to err is human and if we are clearly mistaken, we are not obliged to deliver to you.

  3. Your order is complete and the contract between us is final once we confirm your order by mail and your payment made by credit or debit cards, as soon as we receive approval from the issuer of your card. We accept Visa, Mastercard, PayPal, Bancontact Mister Cash, Maestro, ING HomePay, CBC Online, KBC Online, American Express, Ideal and bank transfer. Should the issuer of your card refuse to agree on your payment to us, we cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Orders without valid payment by name of the registered cardholder will not be accepted or processed.

Clause 4      Right of withdrawal

  1. If you buy goods from us, you have the right to decide that you do not want to keep the goods for 14 days from the delivery or[1] the conclusion of the contract, except for Bach flower remedies that are custom made. You can then return your order without penalty and without giving any reason (the cost hereof is to be paid by you). Within 14 days after reception of your returned order or your indication that you wish to forgo the agreement, we will pay you back the full purchase price, by bank transfer or paypal.

  2. We can refuse repayment as long as we have not received the returned goods or until you have shown you have returned the goods, depending on which event occurs first.

  3. We expect you to handle the order as well as the packaging with the utmost care during the first 14 days after delivery. If you want to return the goods as described above, you may only unpack or use them to the extent needed to assess whether or not you wish to retain them. Returned goods may be tested, but not used. When returning the goods, you will also have to return all delivered accessories and – if reasonably possible – return the goods in their original condition and packaging as well as taking in account our instructions as listed below.

  4. You can return your package through post or courier.

  5. In order to exercise your right to withdrawal quickly and correctly, both in case of delivery of services as in the case of delivery of goods, you can fill out the form below and send it to tom at bachfloweradvice.com. We will send you an acknowledgement of your withdrawal by email.

“MODEL WITHDRAWAL FORM”

(Only fill out and send this form if you wish to withdraw the agreement)  - To Tom Vermeersch, Condédreef 56 – 8500 Kortrijk -  Belgium – tom at bachfloweradvice.com :

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date

(*)  Delete as appropriate.

Clause 5      Price

  1. During the period we mention in our offer, our prices do not change, except for price changes resulting from changes in VAT rates.

  2. Our prices include all taxes, VAT and all other levies. Hence, you will never experience unpleasant surprises. We nevertheless can decide to charge you with the shipping costs on top of the purchase price. In this case, we notify you of that always before you commit to placing your purchase. When this is so, we notify you of this prior to confirmation of your order.

Clause 6      Payment

  1. We only accept advance payment through our website using the payment methods indicated there.

  2. In order to guarantee safe online payment and the safety of your personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required. You recognize a safe SSL-connection by the “lock” in the bottom status bar of your browser.

Clause 7    Conformity and Warranty

  1. We guarantee that our products are in accordance with your order and meet the normal expectations you may have taking into account the specifications of the product. We also guarantee that our goods are in accordance with any applicable law at the moment.

Clause 8      Delivery and execution

  1. All goods and services are delivered to the address provided by you when ordering.

  2. When a good is in stock it will be shipped the same day. In this case, the order is placed before 13h (on weekdays). Orders after 13h, at the weekend or on bank holidays will be shipped the day after. The delivery period depends on the country. You can check the delivery period here: .........

  3. Deliveries are made between Monday and Friday, by Bpost

  4. If we are not able to deliver on time, we will always notify you before the end of the delivery period. If we do not, you can cancel your order for free. In this case we will refund you within 30 days after dissolution of the agreement.

  5. The shipment of goods and gift vouchers is always at our risk. So you do not have to worry about goods lost during transportation. If you, however, return goods to us within 14 days after delivery because you prefer not to keep them, you will be responsible for the transportation.
     
  6. If the delivered goods were damaged during transport do not correspond to the goods mentioned on the delivery note or do not correspond to the goods you ordered, you have to report this as quickly as possible and within 3 days. Subsequently, you have to send the goods back within 14 calendar days after delivery.

  7. We cannot be held responsible for any consequential damage suffered due to late delivery or non-delivery by the transporter assigned by the company. In such cases our liability remains limited to the value of the goods which are shown as not received by the customer.

  8. Are you unable to be at home at the time of delivery? Then you will be able to pick up your package at your local postal pickup point. The package stays there for two weeks. If you don't pick up your package on time, it will automatically return to us. If you want to receive your package after it has been returned to us, please be aware that shipping fees will be charged before sending it a second time.

Clause  9    Force majeure

  1. In case of force majeure, we are not obliged to fulfil our obligations. In this case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.

  2. Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties,…

Clause  10   Intellectual property

  1. Our website, logos, texts, photographs, names, and in general all our communications are protected by intellectual property rights either belonging to us or our suppliers or other claimants.

  2. It is forbidden to use and/or change any of the intellectual property rights as described in the present clause. So you may not copy nor reproduce for example drawings, photographs names, texts, logos, colour combinations, etc. ...without our prior written and explicit consent.

Clause  11    Complaints procedure and conflicts

  1. We do hope that all our customers are always 100% satisfied. If nevertheless you would have complaints concerning our services, please do not hesitate to contact us at tom at bachfloweradvice.com. We will do the utmost to deal with your complaint within 48 hours (on weekdays).

  2. All contracts we conclude with our customers are, regardless of their place of residence, exclusively governed by Belgian law. Only the courts of Belgium are competent to adjudicate with disputes arising out of or connected to these contracts. If as a result of international law the law of a different country applies, the interpretation of the current terms and conditions will in the first instance be done in accordance to the Belgian Law on Market Practices and Consumer Protection.

  3. By way of Alternative Dispute Resolution measure, the Federal Service de Médiation des Consommateurs has been appointed to receive all demands of out of court settlement of consumer disputes. The Service will intervene directly or transfer your complaint to the appropriate service. You can contact the Service de Médiation des Consommateurs via this link: http://www.mediationconsommateur.be/en.

  4. In case of cross border dispute, you can contact the "Online Dispute Resolution" platform of the European Union via this link: http://ec.europa.eu/odr .


[1] in case of services