Terms and Conditions

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of Floragummies

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 Its Costs

Article 9 - Obligations of Floragummies Upon Withdrawal

Article 10 - Exclusion of Right of Withdrawal

Article 11 - The Price

Article 12 - Performance and Additional Warranty

Article 13 - Delivery and Execution

Article 14 - Long-Term Transactions: Duration, Cancellation, and Extension

Article 15 - Payment

Article 16 - Complaints Procedure

Article 17 - Disputes

Article 18 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Supplementary Agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these goods, digital content, and/or services are provided by Floragummies or by a third party based on an agreement between that third party and Floragummies;
   
   

2. Reflection Period: the period during which the consumer can exercise the right of withdrawal;
   
   

3. Consumer: the natural person who does not act for purposes related to his or her trade, business, craft, or profession;
   
   

4. Day: calendar day;
   
   

5. Digital Content: data that is produced and delivered in digital form;
   
   

6. Long-Term Agreement: an agreement that relates to the regular delivery of goods, services, and/or digital content over a specified period;
   
   

7. Durable Medium: any tool – including e-mail – that allows the consumer or entrepreneur to store information addressed to them in a way that enables future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows the unaltered reproduction of the stored information;
   
   

8. Right of Withdrawal: the possibility for the consumer to cancel the distance agreement within the reflection period;
   
   

9. Distance Agreement: an agreement concluded between Floragummies and the consumer as part of an organized system for the remote sale of products, digital content, and/or services, where one or more techniques for remote communication are used until the agreement is concluded;
   
   

10. Withdrawal Form: the European model withdrawal form included in Annex I of these terms and conditions;
    
    

Floragummies: the legal entity as further defined in Article 2, which offers products, (access to) digital content, and/or services remotely to consumers as outlined in these terms and conditions;

11. Remote Communication Technique: a means used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same physical space.

Article 2 – Identity of Floragummies

Business Name: Mivana

Business Address: Lizzy Ansinghstraat 25

Email Address: [Insert the website email here]

Chamber of Commerce Number: [Insert your Chamber of Commerce number here]

VAT Identification Number: [Insert your VAT number here]

Article 3 – Applicability

1. These terms and conditions apply to every offer made by Floragummies and to every distance agreement concluded between the entrepreneur and the consumer.
   
   

2. Before the distance agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, Floragummies will indicate, before the distance agreement is concluded, how the terms and conditions can be viewed and that they will be sent to the consumer free of charge upon request.
   
   

3. If the distance agreement is concluded electronically, the text of these terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that it can easily be stored on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request.
   
   

4. If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs will apply accordingly, and in the event of conflicting terms, the consumer can always rely on the provision that is most favorable to him.
   
   

Article 4 – The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.
   
   

2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow the consumer to assess the offer properly. If Floragummies uses images, these will accurately represent the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind Floragummies.
   
   

3. Each offer contains sufficient information so that the consumer clearly understands what the rights and obligations are that are associated with the acceptance of the offer.
   
   

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out in it.
   
   

2. If the consumer has accepted the offer electronically, Floragummies will confirm the receipt of the acceptance of the offer promptly via electronic means. Until this receipt has been confirmed by Floragummies, the consumer can cancel the agreement. After receiving this confirmation, the consumer can no longer cancel or terminate the agreement, but may exercise the right of withdrawal (Article 6).
   
   

3. If the agreement is concluded electronically, Floragummies will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe online environment. If the consumer can pay electronically, Floragummies will take appropriate security measures.
   
   

4. Floragummies may, within legal limits, investigate whether the consumer can fulfill their payment obligations and whether there are any facts and factors that are important for responsibly entering into the distance agreement. If Floragummies has reasonable grounds to not enter into the agreement, it may refuse the order or application with a motivated explanation, or attach special conditions to the execution.
   
   

5. Floragummies will, at the latest upon delivery of the product, service, or digital content to the consumer, send the following information, in writing or in such a way that the consumer can store it on a durable medium:
   
   

6. The address of Floragummies where the consumer can send complaints;
   
   

7. The conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   
   

8. Information about warranties and existing after-sales services;
   
   

9. The price including all taxes for the product, service, or digital content; if applicable, the costs of delivery and the method of payment, delivery, or execution of the distance agreement;
   
   

10. The requirements for cancellation of the agreement if it has a duration of more than one year or is of indefinite duration;
    
    

11. If the consumer has the right of withdrawal, the withdrawal form.
    
    

12. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
    
    

Article 6 – Right of Withdrawal

1. The consumer may cancel an agreement regarding the purchase of a product within a reflection period of at least 14 (fourteen) days without providing a reason. Floragummies may ask the consumer for the reason for withdrawal, but is not required to provide one.
   
   

2. The reflection period mentioned in paragraph 1 begins the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
   
   

1. if the consumer has ordered multiple products in the same order: the day the consumer, or a third party designated by him, receives the last product. Floragummies may, provided it has informed the consumer clearly before the order process, refuse an order of multiple products with different delivery times.
   
   

2. if the delivery of a product consists of several shipments or parts: the day the consumer, or a third party designated by him, receives the last shipment or part;
   
   

3. for agreements for the regular delivery of products over a certain period: the day the consumer, or a third party designated by him, receives the first product.
   
   

For services and digital content not delivered on a material medium:

1. The consumer may cancel a service agreement and an agreement for the delivery of digital content not delivered on a material medium for at least 14 days without providing a reason. Floragummies may ask the consumer for the reason for withdrawal, but is not required to provide one.
   
   

2. The reflection period mentioned in paragraph 3 begins the day after the conclusion of the agreement.
   
   

Extended Reflection Period for Products, Services, and Digital Content Not Delivered on a Material Medium When Not Informing About the Right of Withdrawal:

1. If Floragummies has not provided the consumer with the legally required information regarding the right of withdrawal or the model form for withdrawal, the reflection period ends twelve months after the end of the original reflection period set by the previous paragraphs of this article.
   
   

2. If Floragummies has provided the information referred to in the previous paragraph to the consumer within twelve months after the start of the original reflection period, the reflection period expires 14 days after the consumer receives that information.
   
   

Article 7 – Obligations of the Consumer During the Reflection Period

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 principle is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
   
   

2. The consumer is only liable for a decrease in the value of the product resulting from a method of handling the product that goes beyond what is allowed in paragraph 1.
   
   

3. The consumer is not liable for any decrease in the value of the product if Floragummies has not provided him with all the legally required information about the right of withdrawal before or at the time of concluding the agreement.
   
   

Article 8 – Exercising the Right of Withdrawal by the Consumer and Costs Thereof

1. If the consumer exercises his right of withdrawal, he must notify Floragummies within the reflection period using the model withdrawal form or in another unequivocal manner.
   
   

2. As soon as possible, but within 14 days from the day following the notification mentioned in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) Floragummies. This is not required if Floragummies has offered to pick up the product itself. The consumer has complied with the return period if he sends the product back before the reflection period has expired.
   
   

3. The consumer must return the product with all provided accessories, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Floragummies.
   
   

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.
   
   

5. The consumer bears the direct costs of returning the product. If Floragummies has not informed the consumer that these costs must be borne by the consumer or if Floragummies indicates that it will bear the costs itself, the consumer does not have to bear the return costs.
   
   

6. The consumer does not bear the costs for the full or partial delivery of digital content not delivered on a material medium, if:
   
   

1. he did not expressly consent to starting the performance of the agreement before the end of the reflection period;
   
   

2. he did not acknowledge losing his right of withdrawal when giving his consent; or
   
   

3. Floragummies failed to confirm this statement of the consumer.
   
   

7. If the consumer exercises his right of withdrawal, any supplementary agreements will be automatically dissolved.
   
   

Article 9 – Obligations of Floragummies in the Event of Withdrawal

1. If Floragummies enables the consumer to notify withdrawal electronically, Floragummies must send an acknowledgment of receipt without delay after receiving this notification.
   
   

2. Floragummies must reimburse all payments made by the consumer, including any delivery costs charged by Floragummies for the returned product, without delay but within 14 (fourteen) days following the day the consumer notified the withdrawal. Unless Floragummies offers to pick up the product itself, it may delay the refund until it has received the product or until the consumer proves that he has returned the product, whichever comes first.
   
   

3. Floragummies will use the same payment method for the refund as the one used by the consumer, unless the consumer agrees to another method. The refund will be free of charge for the consumer.
   
   

4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, Floragummies does not have to reimburse the additional costs of the more expensive method.
   
   

 

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Article 10 – Exclusion of the Right of Withdrawal

Floragummies may exclude the following products and services from the right of withdrawal, but only if Floragummies has clearly stated this in the offer, at least in time before the conclusion of the agreement:

1. Products or services whose price is linked to fluctuations in the financial market over which Floragummies has no control and which may occur during the reflection period;
   
   

2. Agreements concluded during a public auction. A public auction is understood to mean a sales method where products, digital content, and/or services are offered by Floragummies to a consumer who is present or has the opportunity to be present at the auction, under the guidance of an auctioneer, and where the successful bidder is obliged to take the products, digital content, and/or services;
   
   

3. Service agreements, after full execution of the service, but only if:
   
   

1. the execution began with the express prior consent of the consumer; and
   
   

2. the consumer has declared that he loses his right of withdrawal once Floragummies has fully performed the agreement;
   
   

4. Service agreements for the provision of accommodation, where a specific date or period of execution is provided in the agreement and not for residential purposes, goods transportation, car rental services, and catering;
   
   

5. Agreements related to leisure activities, where a specific date or period of execution is provided in the agreement;
   
   

6. Products made to the consumer's specifications, not prefabricated and made according to an individual choice or decision by the consumer, or clearly intended for a specific person;
   
   

7. Products that spoil quickly or have a limited shelf life;
   
   

8. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
   
   

9. Products that, by their nature, are irrevocably mixed with other products after delivery;
   
   

10. Alcoholic beverages, the price of which was agreed upon at the conclusion of the agreement but which can only be delivered after 30 days, and whose actual value depends on market fluctuations over which Floragummies has no control;
    
    

11. Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
    
    

12. Newspapers, magazines, or periodicals, except for subscriptions to them;
    
    

13. The delivery of digital content other than on a material medium, but only if:
    
    

14. the execution began with the express prior consent of the consumer; and
    
    

15. the consumer has declared that he loses his right of withdrawal.
    
    

Article 11 – Price

1. During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
   
   

2. Notwithstanding the previous section, Floragummies may offer products or services with variable prices, where the prices are subject to fluctuations in the financial market and Floragummies has no control over them. This dependence on fluctuations and the fact that any prices mentioned are indicative will be stated in the offer.
   
   

3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
   
   

4. Price increases after 3 months from the conclusion of the agreement are only allowed if Floragummies has agreed to them and:
   
   

1. they result from legal regulations or provisions; or

2. the consumer has the authority to terminate the agreement starting from the day the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.
   
   

Article 12 – Compliance with the Agreement and Additional Warranty

1. Floragummies guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, reasonable standards of quality and/or usability, and the applicable legal provisions and/or government regulations at the time of the conclusion of the agreement. If agreed, Floragummies also guarantees that the product is suitable for use other than normal use.
   
   

2. An additional warranty provided by Floragummies, its supplier, manufacturer, or importer never limits the legal rights and claims the consumer may assert against Floragummies if Floragummies fails to fulfill its part of the agreement.
   
   

3. Additional warranty means any commitment by Floragummies, its supplier, importer, or producer, where they grant the consumer certain rights or claims that go beyond those the consumer is legally entitled to when Floragummies fails to fulfill its part of the agreement.
   
   

Article 13 – Delivery and Execution

1. Floragummies will exercise the utmost care in receiving and executing orders for products and in evaluating requests for services.
   
   

2. The place of delivery is the address provided by the consumer to Floragummies.
   
   

3. In accordance with Article 4 of these general terms and conditions, Floragummies will execute accepted orders as soon as possible but no later than 30 days, unless a different delivery time has been agreed upon. If delivery is delayed or if an order can only be partially fulfilled, the consumer will be notified within 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement without cost and may be entitled to compensation.
   
   

4. After cancellation as per the previous section, Floragummies will promptly refund the amount the consumer paid.
   
   

5. The risk of damage and/or loss of products lies with Floragummies until delivery to the consumer or a previously designated representative, unless expressly agreed otherwise.
   
   

Article 14 – Duration Transactions: Duration, Termination, and Extension

Termination:

1. The consumer may terminate an agreement for an indefinite period that involves the regular delivery of products or services at any time, subject to any agreed termination rules and a maximum notice period of one month.
   
   

2. The consumer may terminate an agreement for a fixed period that involves the regular delivery of products or services at any time before the end of the agreed period, subject to any agreed termination rules and a maximum notice period of one month.
   
   

3. The consumer may terminate the agreements mentioned in the previous sections: ● At any time and is not restricted to termination at a specific time or within a specific period; ● At least in the same manner the agreements were entered into; ● Always with the same notice period as Floragummies has agreed for itself.
   
   

Extension:

1. An agreement for a fixed period that involves the regular delivery of products or services cannot be automatically extended or renewed for a certain period.
   
   

2. Notwithstanding the previous section, an agreement for a fixed period may be automatically extended for a maximum period of three months, if the consumer can terminate this extended agreement before the end of the extension with a notice period of no more than one month.
   
   

3. An agreement for a fixed period that involves the regular delivery of products or services can only be automatically extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month.
   
   

Duration:

1. 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 fairness and reasonableness prevent termination before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise agreed in the agreement or supplementary terms, the amounts owed by the consumer must be paid within 14 (fourteen) days after the start of the reflection period, or if no reflection period applies, within 14 (fourteen) days after the conclusion of the agreement. In the case of an agreement for the provision of services, this period starts on the day after the consumer receives the confirmation of the agreement.
   
   

2. In the sale of products to consumers, the consumer may never be required to make an advance payment of more than 50%. When an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
   
   

3. The consumer is obliged to immediately notify Floragummies of any inaccuracies in the provided or stated payment details.
   
   

4. If the consumer fails to meet their payment obligations on time, after being notified by Floragummies and being granted a period of 14 (fourteen) days to fulfill their payment obligations, the consumer will owe statutory interest on the outstanding amount if payment is not made within the 14-day period, and Floragummies is entitled to charge any extrajudicial collection costs incurred. These collection costs are a maximum of: 15% on amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. Floragummies may depart from these amounts and percentages in favor of the consumer.
   
   

Article 16 – Complaints Procedure

1. Floragummies has an adequately communicated complaints procedure and will handle complaints in accordance with this procedure.
   
   

2. Complaints regarding the execution of the agreement must be submitted to Floragummies in full and clearly described within a reasonable time after the consumer has discovered the defects.
   
   

3. Complaints submitted to Floragummies will be responded to within 14 (fourteen) days from the date of receipt. If a complaint requires a longer processing time, Floragummies will respond within 14 (fourteen) days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
   
   

Article 17 – Disputes

1. Agreements between Floragummies and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Any disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court in the district where Floragummies is located.

Article 18 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not disadvantage the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable data carrier in an accessible manner.