Article 1 – Fleurop-Interflora België CV
Fleurop-Interflora Belgium is a cooperative society under Belgian law, having its corporate seat in (1930) Zaventem at the Hoge Wei 1, registered in the Crossroads Bank for Enterprises under enterprise number 0402.712.029 (hereinafter referred to as: “Fleurop-Interflora Belgium”). Fleurop-Interflora Belgium is part of a group with worldwide operations and a network of professional partners, which can adequately provide for the professional creation and ordering of flower and plant arrangements and the sale and delivery of other gift products, wherever in the world.
Fleurop-Interflora Belgium can be reached via the following channels of communication:
Telephone: (32) (0) 2 242.29.64 (customer service)
Facsimile: (32) (0) 242.69.25
Article 2 – General terms and conditions
The present general terms and conditions regulate the conclusion of distance agreements, concluded with those who in pursuance of Section I.1., 2°, of the Belgian Code of Economic Law are qualified as consumers (hereinafter referred to as: the “Consumer”). These general terms and conditions can always be consulted on the website https://www.fleurop.be of Fleurop-Interflora Belgium.
Fleurop-Interflora Belgium reserves the right to change the general terms and conditions unilaterally, however provided that the statutory provisions of public order and the mandatory statutory provisions are observed. The version of the general terms and conditions as applicable upon receipt by Fleurop-Interflora Belgium of an order shall govern the thus concluded contractual relationship between the Consumer and Fleurop-Interflora Belgium.
The website https://www.fleurop.be moreover contains a specification of any and all information regarding the main features of the products offered, as also regarding the sales procedures and conditions. The information regarding the sales conditions contains information about the assortment and the complete breakdown of the price payable for the purchase and the delivery of the aforementioned goods. The information as available on the website https://www.fleurop.be of Fleurop-Interflora Belgium upon receipt of an order shall govern the thus concluded contractual relationship between the Consumer and Fleurop-Interflora Belgium.
Article 3 – Distance sales
Distance agreements concluded in conformity with the present general terms and conditions are concluded upon receipt by Fleurop-Interflora Belgium of a written order filled in properly placed by the Consumer. These kinds of orders shall be sent to Fleurop-Interflora Belgium electronically or by telefax by means of the thereto-designated forms that can be downloaded via its website.
The address and telephone number of the final recipient, as indicated by the Consumer, must be correct and complete. In case of a non-delivery, or delay of a delivery, as a result of an erroneous or incomplete address and/or telephone number, Fleurop-Interflora Belgium shall not bear any responsibility and the offered goods can be invoiced.
For deliveries in hospitals the maiden name of married women must be indicated as well as - where possible - the department and the room number. The deliveries are only guaranteed to the reception of the hospital.
For deliveries in hotels the maiden name of a married woman must be indicated and - where possible - the room number and the name by which the final recipient is registered (group, couple, ...). The deliveries are only guaranteed to the reception of the hotel.
Fleurop-Interflora Belgium reserves the right to return order forms not completed in a proper, correct or complete manner to the Consumer. Order forms not completed in a proper, incorrect or incomplete manner shall not be qualified as an order.
At the risk of refusal of the order by Fleurop-Interflora Belgium or the inability to observe the requested time of delivery, orders must be communicated at the latest three working days prior to the date of delivery. If it regards deliveries abroad then the aforementioned period amounts to five working days. Saturdays are qualified as a working day; Sundays and national public holidays are not qualified as a working day. However, if a period expires on a Saturday then it is extended to the first following Monday, barring if the latter is a statutory national public holiday.
For the sake of avoiding all misunderstanding, Fleurop-Interflora Belgium shall send an order confirmation to the Consumer within twenty-four hours after receipt of a properly completed order.
The order confirmation contains any and all essential components of the order, notably the nature and characteristics of the goods ordered, quantities, price, full name, address and telephone number of the recipient, if so required their email address, date, place and, if so required, the time of delivery, as well as any and all other information, where relevant, as intended in Section VI.46, §7, in conjunction with Section 45, § 1, and Section XII.9 of the Belgian Code of Economic Law, where relevant. If the Consumer does not receive the said confirmation within the said time limit then they should contact the customer service of Fleurop-Interflora Belgium.
The aforementioned order confirmation is qualified as a document and as the documentary evidence as intended in Section VI.89 of the Belgian Code of Economic Law, and is made available to the Consumer by electronic post or by facsimile without any further costs.
Order and order confirmation are deemed to have been received as soon as they are accessible to the party to whom they are addressed.
If the order confirmation contains incorrect information then the Consumer must - subject to forfeiture of recovery - react within twenty-four hours after despatch of the order confirmation by Fleurop-Interflora Belgium.
The Consumer shall be liable for any and all damages incurred by or expenses inflicted on Fleurop-Interflora Belgium, its subordinates or goods, as well as third parties, the latter as a result of the incorrectness of the information supplied in the order.
Customer service should be contacted for orders of goods that are not mentioned on the website https://www.fleurop.be of Fleurop-Interflora Belgium.
Article 4 - Right of withdrawal
4.a. By placing an order in conformity with the present general terms and conditions, the Consumer acknowledges that the goods ordered - to the extent that they include cut flowers or plants - (i) were compiled or created according to their specifications, (ii) are clearly meant for a specific person and are therefore of a personal nature or can, due to their nature, not be returned as they can perish quickly, (iii) have a limited shelf life or lose their characteristic features, such that the consumer is not entitled to the right of withdrawal as intended in Section VI.53, 3° and 4°, of the Belgian Code of Economic Law.
4.b. To the extent that the goods ordered do not include cut flowers or plants, the Consumer is entitled to the right of withdrawal.
Without prejudice to the provisions set forth in Section VI.53 of the Belgian Code of Economic Law, the Consumer is entitled to withdraw from the distance agreement without stating reasons during a period of 14 days, and without having to bear costs other than those mentioned in Section VI.50, § 2, and Section VI.51 of the Belgian Code of Economic Law.
The withdrawal period expires 14 days after the day when the Consumer, or a third party designated by the Consumer, not being the carrier, physically takes possession of the goods or:
i. if the Consumer ordered multiple goods in the same order that are delivered separately, the day when the Consumer, or a third party designated by the Consumer, not being the carrier, physically takes possession of the last good;
ii. if the delivery of a good consists of various shipments, the day when the Consumer, of a third party designated by the Consumer, not being the carrier, physically takes possession of the last shipment or the last component;
iii. for agreements regarding regular delivery of goods during a certain period, the day when the Consumer, or a third party designated by the Consumer, not being the carrier, physically takes possession of the first good.
Subject to forfeiture of their right of withdrawal, the Consumer informs Fleurop-Interflora Belgium prior to the expiry of the withdrawal period of their decision to withdraw from the agreement. To this end, they can either use the model form for withdrawal, included as Annexe 2 to Book VI of the Belgian Code of Economic Law (https://www.fleurop.be/en/withdrawal.html), or fill in and send a different unambiguous declaration electronically on the website https://www.fleurop.be of Fleurop-Interflora Belgium. In the said instances, Fleurop-Interflora Belgium shall forthwith and on a sustainable data carrier inform the Consumer of the confirmation of the receipt of the withdrawal.
The Consumer shall have exercised their right of withdrawal within the withdrawal period as intended in Section VI.47, § 2, and Section VI.48 of the Belgian Code of Economic Law, if they send the notification regarding exercising their right of withdrawal before the said period has lapsed.
The evidentiary burden regarding exercising of the right of withdrawal in accordance with this article shall be vested in the Consumer.
In case of withdrawal in conformity with the law, Fleurop-Interflora Belgium shall reimburse any and all payments received, including, where applicable, the delivery charges, the latter at the latest 14 days after the day that it is informed of the decision of the Consumer to withdraw from the agreement in accordance with Section VI.49 of the Belgian Code of Economic Law.
Fleurop-Interflora Belgium effectuates the repayment through the same means of payment used by the Consumer for the original transaction, unless the Consumer expressly agreed with a different means of payment and with the understanding that the Consumer cannot bear any costs as a result of the said repayment.
Without prejudice to the above, it is not required of Fleurop-Interflora Belgium to repay the additional costs if ab initio the Consumer expressly opted for a manner of delivery other than the cheapest standard delivery offered by Fleurop-Interflora Belgium.
At the latest 14 days after the day that they have informed Fleurop-Interflora Belgium of their decision to withdraw from the agreement in accordance with Section VI.49 of the Belgian Code of Economic Law, the Consumer shall at their own expense return the goods or present them to Fleurop-Interflora Belgium or to a person who has been authorised by the latter to take receipt of the goods, unless Fleurop-Interflora Belgium offered to pick up the goods. The period has been observed if the Consumer returns the goods before the period of 14 days has lapsed.
The Consumer only bears the direct costs of the return of the goods, unless Fleurop-Interflora Belgium agrees to bear the said costs.
Barring if Fleurop-Interflora Belgium offered to pick up the goods, it can wait with the repayment until it has received all goods back, or until the Consumer has demonstrated that they have returned the goods, depending what occurs first.
The Consumer shall only be liable for a decrease in value of the goods that is the result of a manner of processing the goods beyond what was required to determine the nature, the features, and the operation of the goods.
Exercising the right of withdrawal terminates the obligation for the parties to implement the distance agreement, or to conclude a distance agreement, if the Consumer made a relevant offer.
Without prejudice to the applicability of Section VII. 92, Subsections 1 and 2, of the Belgian Code of Economic Law, the exercising by the Consumer of their right of withdrawal for a distance agreement in accordance with Sections VI.47 up to and including VI.52, § 1, of the Belgian Code of Economic Law automatically terminates each and every supplemental agreement, without costs on the part of the Consumer, barring the costs as intended in Section VI.50, § 2, and Section VI.51.
Article 5 – Performance of orders by commercial partners
The Consumer acknowledges that Fleurop-Interflora Belgium is allowed to entrust the performance of orders to its commercial partners, belonging to the Fleurop network, irrespective of the fact whether they are established in Belgium or abroad. Fleurop-Interflora Belgium commits to have the aforementioned commercial partners comply with any and all obligations that are imposed on the same by law or pursuant to the agreement concluded with the Consumer.
Article 6 – Delivery of the goods ordered
Barring force majeure, the goods ordered are delivered in conformity with the order, i.e. in conformity with the required characteristics and at the location and time indicated in the order. To the extent possible, a delivery time shall also be respected.
At the risk of non-delivery at the required hour, the required time frame of the delivery (morning / afternoon /evening) must be communicated to Fleurop-Interflora Belgium at least 24 hours in advance.
The required hour of delivery can only be guaranteed in case of funerals and weddings, provided that the order is received in a timely fashion.
The order can only be delivered during the usual opening hours of the Fleurop-Interflora florist encumbered with the performance.
Barring sympathy bouquets or arrangements, the remaining sympathy products are not delivered at a private address.
The following deviations apply regarding the date of delivery:
Deliveries on Sundays and statutory national public holidays: deliveries are basically not made on Sundays and statutory national public holidays.
Valentine’s Day: due to the high number of orders, orders for Valentine’s Day, notably those delivered at business addresses, may exceptionally be delivered on 12 or 13 February.
Mother’s Day: orders for Mother’s Day are generally delivered on the preceding Saturday. Orders that are placed last minute can only be delivered on the Monday following Mother’s Day.
Christmas and New Year’s Day: orders for Christmas and New Year’s Day can generally be delivered 1 to 2 days prior to the required date of delivery.
With regard to deliveries outside Belgium, Fleurop-Interflora Belgium can, inter alia due to time differences and opening hours of the commercial partners, only guarantee a delivery for the same day as that of the communication of an order, provided that the following rules are observed:
the acceptance of the order depends on the national public holidays and the opening hours in the country of delivery;
on Saturday afternoons, Sundays and national public holidays deliveries cannot be guaranteed;
deliveries at a camping, military bases, on boats, in ports and at airports can neither be guaranteed.
Without prejudice to the provisions set forth in the previous paragraphs, the Consumer can consider the agreement to be rescinded - without any costs or obligation to pay compensation on the part of the same - if, for any reason whatsoever, other than force majeure, error or negligence on the part of the Consumer or of the final recipient, Fleurop-Interflora Belgium would not appear to be able to offer the goods for delivery in conformity with an accepted order at the stipulated location and date.
If this results in additional costs on the part of the Consumer then Fleurop-Interflora Belgium shall forfeit compensation equal to the additional expenses incurred and demonstrated by the Consumer.
Prior to the delivery the final recipient shall by all means be contacted by telephone, potentially also by email, in order to agree on practical arrangements in view of the delivery. The delivery modalities agreed with the final recipient shall also have binding effect on the Consumer.
If the final recipient is not present during the delivery then the performing commercial partner shall leave a notice of absence.
As the occasion arises, the performing commercial partner shall be entitled to leave the flowers with a third party (e.g. with the neighbours, at the reception, with the funeral director, etc.) who shall guarantee the presentation of the order to the final recipient.
If the order cannot be presented to this kind of third party then the performing commercial partner shall try to reach the final recipient by telephone and/or via email. If the performing commercial partner has not been able to deliver the order, or has not been able to reach the final recipient within 24 hours after the first presentation, then they shall forthwith inform Fleurop-Interflora Belgium of the non-delivery. The Consumer shall, in turn, be informed accordingly by telephone or via email.
If the order does, either entirely or partly, consist of cut flowers then if the delivery cannot take place within 36 hours after the first presentation, then the relevant expenses can be charged to the Consumer. In all other instances, the Consumer can rely on their right of withdrawal.
Article 7 – Conformity warranty
Fleurop-Interflora Belgium warrants accurate handling of all orders.
The Fleurop-Interflora warranty includes:
the realisation of a flower composition by highly qualified florists in such manner that the final products is, in terms of composition and shape, as close to the compositions depicted on the website as possible;
the delivery of the ordered product by commercial partners or shareholders;
fresh flowers of excellent quality;
the observance of the stipulated delivery period;
the observance of the prices applied by the commercial partners or shareholders of Fleurop-Interflora Belgium or indicated on our website on the day of delivery
If flowers are seasonal then Fleurop-Interflora Belgium cannot always guarantee the availability of the flowers depicted on the website at the Fleurop-Interflora florists worldwide, certainly not for ‘last-minute’ orders. The composition of the products offered on the website https://www.fleurop.be may therefore differ slightly from the products offered to the final recipient. If the flowers are delivered in a vase then the product shall be provided with an explanatory note on the online Fleurop-Interflora flower shop.
Sympathy products are prepared according to the customs of the country.
Fleurop-Interflora Belgium reminds the Consumer of the existence of the provisions of Sections 1649bis up to and including 1649octies of the Belgian Civil Code regarding the sales of consumer goods to those who are, by law, qualified as consumers and of which the relevant provisions are outlined below. Fleurop-Interflora Belgium moreover reminds the Consumer of the fact that the provisions set forth in Section 1649quater, §4, of the Belgian Civil Code are not applicable with regard to the complaints regarding the conformity of the quality of fresh cut flowers and plants.
Section 1649bis of the Belgian Civil Code
§ 1. This section is applicable to the sales of consumer goods by a seller to a consumer.
§ 2. For the purpose of this section the following is understood as:
1° “consumer”: each and every natural person who acts for purposes that are not related to their professional activity or their commercial activity;
2° “seller”: each and every natural person who or legal entity that sells consumer goods in the context of their professional activity or their commercial activity;
3° “consumer goods”: any and all movable tangible goods, barring (i) goods that were sold for the implementation of an attachment or were otherwise sold by law, as well as (ii) water and gas that were not made market-ready in a certain volume or in a certain quantity, and (iii) electricity;
4° “producer”: the manufacturer of consumer goods, the importer of consumer goods into the territory of the European Union or each and every other person who presents themselves as the producer by placing their name, trademark or any other distinguishing sign on the consumer goods;
5° “guarantee”: each and every commitment entered into by a seller or producer in respect of the consumer to repay the price paid, or to replace or repair the consumer goods, or to in any way whatsoever bother about the same, if the goods do not correspond to the description in the warranty certificate or in the relevant advertisement;
6° “remedy”: to, in case of a lack of correspondence to the agreement, bring the consumer good in accordance with the agreement.
§ 3. For the purpose of this section, agreements for delivery of consumer goods to be manufactured or created are also qualified as sales agreements.
Section 1649ter of the Belgian Civil Code
§ 1. For the purpose of Section 1604, Subsection 1, of the Belgian Civil Code, the consumer good delivered to the consumer by the seller is only deemed to be in accordance with the agreement if:
1° it corresponds to the description of the same provided by the seller and disposes of the features of the goods that the seller demonstrated to the consumer as a sample or as a model;
2° it is suitable for each and every special use required by the consumer that the latter communicated to the seller upon the conclusion of the agreement and that the seller accepted;
3° it is suitable for the use for which goods of the same type are commonly used;
4° it offers the quality and performances that are normal for goods of the same type and that the consumer can reasonably expect, having regard to the nature of the good and the communications publicly made by the seller, the producer or their representative regarding the special features of the same, namely in the advertisement and the labelling.
§ 2. The seller is not bound by the statements made publicly as intended in § 1, 4°, if the seller demonstrates that (i) the said statement was not known to the same and could reasonably not have been known to the same, (ii) the said statement was rectified at the time of the conclusion of the agreement, or (iii) the purchasing decision regarding the consumer goods could not have been affected by the said statement.
§ 3. Lack of conformity is not deemed to exist within the meaning of this provision if, at the time of the conclusion of the agreement, the consumer was or should reasonably have been familiar with the defect or if the lack of conformity derives from the material delivered by the consumer.
Section 1649quater of the Belgian Civil Code
§ 1. The seller shall be liable in respect of the consumer for each and every conformity defect that exists upon the delivery of the goods and that manifests itself within a period of two years, to be calculated from the aforementioned delivery.
The said period of two years is suspended during the period required for the repair or the replacement of the good or in case of negotiations between the seller and the consumer in view of an amicable settlement.
§ 2. The seller and the consumer can agree on a period during which the consumer must inform the seller of the lack of conformity, without the possibility of the said period being shorter than two months from the day when the consumer has observed the defect.
§ 3. The legal claim of the consumer expires after a period of one year from the day that they determined the lack of conformity has lapsed, without the possibility of the said period expiring prior to the end of the period of two years.
§ 4. If a lack of conformity manifests itself within a period of six months after the delivery of the good then the suspicion that the said defect existed at the time of delivery shall apply until evidence to the contrary is furnished, unless the said suspicion is incompatible with the nature of the good or with the nature of the lack of conformity, by, inter alia, taking the fact into account whether the good is new or second-hand.
§ 5. The provisions set forth in this chapter with regard to the indemnification against concealed defects of the good sold are applicable after the period of two years as intended in § 1 has lapsed.
Section 1649quinquies of the Belgian Civil Code
§ 1. In addition to, where applicable, compensation, the consumer is entitled in respect of the seller who is, in pursuance of Section 1649quater, liable for a lack of conformity to claim either repair or replacement of the good on the basis of the conditions as intended in §2, or an appropriate reduction of the price or the rescission of the agreement, in accordance with the conditions set forth in §3. If so required, the deterioration of the damages that derive from the use of the good by the consumer after the moment that the consumer determined or should have determined the defect shall be taken into account.
§ 2. Initially, the consumer is entitled to require the free repair or the free replacement of the good by the seller, barring if that would be impossible or disproportionate. Each and every repair or replacement must, in consideration of the nature of the good and the use proposed by the consumer, be carried out within a reasonable period and without serious nuisance to the consumer.
The said costs are the costs that must be incurred to bring the goods in agreement, namely the shipping costs and the costs that are related to wages and material.
A form of redress is deemed to be disproportionate if it brings about costs on the part of the seller that, compared to the alternative form of redress, are unreasonable, having regard to (i) the value that the good would have without the lack of conformity; (ii) the seriousness of the lack of conformity, or (iii) the question whether the alternative form of redress is specifically possible without serious nuisance to the consumer.
§ 3. The consumer is entitled to claim an appropriate reduction of the price or the rescission of the sale and purchase agreement from the seller (i) if they cannot claim repair or replacement, or (ii) if the seller did not perform the repair or the replacement within a reasonable period or without serious nuisance to the consumer.
In derogation from the above, the consumer is not entitled to claim the rescission of the agreement if the lack of conformity is of minor importance. For the purpose of the above, each and every repayment to the consumer is reduced in order to take the use of the good since the delivery of the same into account.
Section 1649sexies of the Belgian Civil Code
If the seller is liable in respect of the consumer on account of a lack of conformity then the seller can recover in respect of of the producer or in respect of each and every contractual intermediary of the consumer good, in pursuance of contractual liability to which the said producer or the said intermediary is held, without the possibility of relying on a contractual provision that limits or cancels the said liability.
Section 1649septies of the Belgian Civil Code
§ 1. Each and every guarantee shall have binding effect on those who provide the same according to the conditions established in the warranty certificate and the associated advertisement.
§ 2. The warranty must (i) mention that the consumer has, pursuant to the applicable national legislation regarding the sale of consumer goods, statutory rights, (ii) state clearly that the warranty does not affect the said rights, and (iii) in a clear and understandable language mention the content of the warranty and the essential data that are required to be able to rely on the warranty, notably the duration and the geographical area of application of the warranty as well as the name and the address of the guarantor.
§ 3. At the request of the consumer the warranty mustbe made available to the same on a sustainable data carrier . If the sale and purchase agreement is in writing then it shall, in any case, contain the information as intended in §2.
§ 4. If a warranty is not in conformity with the requirements set forth in §§ 2 and 3 then this shall by no means affect the right of the consumer to require compliance with the same. This equally applies if the warranty is not in conformity with the requirements foreseen in Section 13, Subsection 1, of the Belgian Act of 14 July 1991 on the commercial practices and protection of the consumer, as presently included in the Belgian Code of Economic Law.
Section 1649octies of the Belgian Civil Code
Contractual stipulations concluded or arrangements stipulated before the lack of conformity has been communicated to the seller by the consumer and the rights of the consumer pursuant to this section are consequently, either directly or indirectly, limited or excluded, are null and void.
Without affecting the previous provisions regarding the consumer purchase, the warranty shall only apply with regard to deliveries that include cut flowers or plants if the final recipient can demonstrate that they complied strictly with the instructions on the card that is delivered with the ordered products.
Article 8 – Non-conform delivery - Complaints
If the delivered goods include, either completely or partly, fresh cut flowers or plants and are not in conformity with the order then it is - at the risk of forfeiture of the statutory redress of the Consumer - highly recommended that the said defect in the area of conformity is reported upon delivery to the final recipient. The complaint shall be reported in writing on the delivery receipt that shall be signed by the final recipient. The final recipient shall receive a copy of the delivery receipt.
Barring force majeure and the other instances of exclusion of liability, Fleurop-Interflora Belgium shall be liable for any and all damages to the ordered goods, established upon receipt by the final recipient on the one hand, as well as late or incorrect delivery on the other hand.
Following the delivery of the ordered goods, the final recipient shall, at the request of Fleurop-Interflora Belgium or of those who act in its name and at its expense, immediately:
If the final recipient establishes a deficit or a visible defect, or establishes that the indications on the delivery receipt are not conform to those of the order, then they shall in connection therewith formulate the necessary proviso on the delivery receipt.
Fleurop-Interflora Belgium shall not be liable for losses, incorrect delivery of, late delivery of or damages to the ordered goods, to the extent that the said losses, incorrect delivery, damages or delay is or are the direct result of an act or negligence of the Consumer or the final recipient, or their respective subordinates, third parties who act in their name and at their expense, their legal successors, or other third parties.
Subject to forfeiture of its claims, Fleurop-Interflora Belgium shall inform the Consumer of each and every aforementioned loss, incorrect delivery, damages or delay, the latter at the latest three working days after the occurrence of the said fact.
Fleurop-Interflora Belgium shall by no means be liable for indirect damages, by any name whatsoever, incurred by the Consumer or the final recipient of the ordered goods.
If the final recipient refuses the delivered flowers without a well-founded reason then the delivery can be invoiced.
Article 9 - Insurances
Fleurop-Interflora Belgium took out insurance policies with reputed insurance companies and shall maintain the same. Each and every commercial partner or shareholder of Fleurop-Interflora Belgium established in Belgium can, for he performance of their activities, also rely on the cover granted by means of the said policies, in such manner that the said policies cover the liabilities that Fleurop-Interflora Belgium, or the aforementioned third parties, could incur in respect of the Consumer.
Fleurop-Interflora Belgium notified the Belgian Data Protection Authority of its intention to proceed with automated processing of data and committed to comply with the provisions set forth in the Belgian Act of 8 December 1992 on the protection of the personal privacy in respect of the procession of personal data. Fleurop-Interflora Belgium declares and guarantees that its commercial partners or shareholders established in Belgium are also covered by the said notification. Fleurop-Interflora Belgium conformed to the General Data Protection Regulation.
Fleurop-Interflora Belgium and its commercial partners and shareholders established in Belgium dispose of the adjusted software and other methods or procedures that were adjusted for the storage of data and that must allow them to verify the status of the performance of the orders received.
Fleurop-Interflora Belgium and its commercial partners or shareholders established in Belgium also dispose of an operational administrative procedure that permits to comply with the reporting requirements as intended in the present general terms and conditions in a timely fashion.
Article 10 - Price
The price that the Consumer is liable to pay for the delivery of the ordered goods and services, irrespective of their nature, is mentioned when the order is placed as also in the order confirmation. The prices of the said goods and services are mentioned on the website https://www.fleurop.be of Fleurop-Interflora Belgium.
Any and all quoted prices are total prices, i.e. inclusive of the value added tax, any and all potential additional taxes or duties, by any name whatsoever, as well as the expenses that must be borne by the Consumer, exclusive of the delivery expenses.
The prices are paid through debiting of a credit card of the Consumer, the latter after confirmation of the order by the Consumer. When placing the order, the Consumer shall, subject to non-performance of the order, communicate any and all relevant data to Fleurop-Interflora Belgium. Communication of incorrect or incomplete data leads to suspension of performance of the order, without any right to redress for the Consumer.
The Consumer shall receive an invoice by electronic post with reference to the statutorily imposed indications.
Article 11 - Force majeure
Force majeure is the whole of legal facts or legal acts that occur beyond the control of the Consumer or Fleurop-Interflora Belgium, and that were reasonably not foreseeable by either at the time of the conclusion of the agreement that render the implementation of the agreement, concluded in conformity with the present general terms and conditions, temporarily or permanently impossible.
Neither the Consumer nor Fleurop-Interflora Belgium shall be liable for contractual breach of contract or damages that are the result of force majeure.
Subject to not qualifying for force majeure, the Consumer and/or Fleurop-Interflora Belgium shall commit to forthwith inform the other contracting party in writing as soon as an instance of force majeure occurs and as soon as the said situation comes to an end. The aforementioned notification shall contain any and all relevant information regarding the occurring situation.
Subject to not qualifying for force majeure, the Consumer and/or Fleurop-Interflora Belgium shall commit to take any and all potential measures that can in the given situation reasonably be expected of them in order to facilitate the implementation of the agreement. The parties commit to immediately after the occurrence of the instance of force majeure resume the normal implementation of the agreement.
Force majeure is deemed to render the implementation of the agreement concluded in conformity with the present general terms and conditions definitively impossible, if the said situation has continued for two uninterrupted weeks after despatch of the aforementioned notification.
Barring if the delivery date is an essential component of the agreement, after lapse of the said period, an agreement concluded in conformity with the present general terms and conditions, can be deemed to be rescinded by operation of law and without any further notice by one of the parties. If it regards an agreement as intended in article 12 then the said period is set at four weeks.
The party in respect of whom the implementation of this kind of agreement is rendered impossible as a result of the occurrence of a situation of force majeure is entitled - temporarily and as long as the instance of force majeure continues - to take the appropriate measures to protects its interests. The said measures shall cease to have effect by operation of law as soon as the insurance of force majeure ceases to have effect.
Article 12 – Periodic deliveries
To the degree that the Consumer requires a periodic delivery of goods, the minimum duration for this periodicity shall equal at least three months.
This minimum duration shall be renewed automatically for a new term of three months on the expiry date by operation of law and barring termination by registered letter, at the latest one month prior to the expiry of the current term. Each and every later notice shall, in conformity with the aforementioned formalities, need to be served on Fleurop-Interflora Belgium.
Article 13 - Notices
Any and all notices or notices of default that must be effectuated pursuant to the present general terms and conditions or any statutory provision or conventional provision must, subject to invalidity - barring in case of any express statutory provision or conventional provision that requires a registered letter - be made by regular letter, by telefax, by email or courier. If sent by registered post then a notice or notice of default is deemed to have been received on the third working day after issue to the postal services.
Article 14 – Waiver
Barring the instances that are expressly regulated in the present general terms and conditions, not exercising a right that derives from these terms and conditions, or not in a timely fashion, cannot be interpreted as a waiver of the said right.
Not exercising all rights or the partial exercising of a right that derives from the present general terms and conditions shall not refrain the beneficiary from exercising the other rights or further exercising the said right.
Article 15 - Divisibility
If one of the stipulations laid down in the present general terms and conditions, or a part thereof, would be declared to be null and void or would be unenforceable in respect of the Consumer then this shall not affect the enforceability and the validity of the other stipulations.
Article 16 – Applicable law and dispute resolution
Any and all agreements subject to the present general terms and conditions are governed by Belgian law.
Barring a different provision of public order or a mandatory statutory provision, or barring reliance on the alternative dispute resolution procedure in conformity with article 14 of Regulation EU 524/2013 (Council and Parliament) dated