Terms & Conditions
§ 1 General - Scope
The General Terms and Conditions (GTC) apply to all transactions between Flora Miranda (Oostenstraat 50 bus 35, 2018 Antwerp, Belgium) and the customer. The valid version at the time of the conclusion of the contract is decisive. The customer accepts these terms and conditions and with the order expressly agrees to these terms and conditions. Any deviating provisions in the terms and conditions by the customer are not recognised. In the event of a collision, these GTC apply without exception. The terms and conditions also apply to consumers, as far as permitted by law.
We are entitled to unilaterally change these general terms and conditions, as far as this is necessary for the elimination of subsequently arising equivalence disturbances or for adaptation to changed legal or technical conditions. We will inform the customer about a change, by notifying the contents of the amended regulations, to the last known email address of the customer. The change becomes an integral part of the contract if the customer does not contradict us in writing or text form within six weeks after receipt of the notice of amendment of the inclusion in the contractual relationship.
§ 2 Conclusion of Contract
Our offers are non-committal and non-binding. Technical and other changes remain within the reasonable limits. The products shown in the web shop do not constitute an offer in the legal sense. It is merely a product information and an invitation to the customer to submit an offer herself or himself. The binding offer is made by the customer herself or himself by placing the order.
Our offer is non-binding. Intermediate sale, assortment, price and condition changes reserved.
The quoted prices are in Euro including VAT. Typing mistakes and errors are reserved. The last offer abolishes all previous offers.
Notifications and declarations of intent are valid until the written notification of another address to the address specified by the customer in the order. The customer is obligated to provide the relevant data requested in the form completely and correctly when signing the contract. In the case of incorrect, incomplete and unclear information by the customer, the latter is liable for all costs incurred to us. In the case of other compensation, the customer is obligated to notify us of changes to the name, address or change of domicile immediately in written form. In the event of a desist, any written notice given to the last known address of the customer will count sufficient to meet the requirements of effective delivery.
§ 3 Order Confirmation
Upon receipt of the order, Flora Miranda will send a notification email to the email address provided by the customer. In this automated notification the receipt of the order is confirmed.
The confirmation of receipt does not constitute a binding acceptance of the order. A contract is only concluded upon acceptance of the order by Flora Miranda. Unless expressly agreed otherwise, the contract confirmation will also be sent electronically to the email address provided by the customer.
§ 4 Delivery Conditions
Unless otherwise agreed, the delivery will be made to the address specified by the customer during the order or registration. Flora Miranda is not responsible for any delivery obstacles that are in the hands of suppliers or manufacturers. In the case of a non-faulty delivery impossibility, Flora Miranda is entitled to withdraw from the contract in whole or in part, with the customer being informed immediately. When accepting the goods, the customer must ensure that only she/he or an authorised persons takes over the goods.
§ 5 Warranty
Flora Miranda points out that the products and packaging shown in the web shop may differ from the delivery. The customer shall not be entitled to any warranty or compensation claims as long as the product selected in the web shop is actually delivered.
For the available articles the legal warranty conditions apply. The warranty period is 24 months from receipt of the goods. In the event that the delivered goods have defects, these are to be announced to us immediately and return the product, including the invoice copy to us. A warranty is excluded if the customer has caused the defect or caused damage due to improper use. Complaints about obvious damage can only be accepted if the defects are recorded on the transport document upon receipt. In addition, we must be informed immediately. Damage to the goods, which occurred during or due to the transport, must be immediately reported by the customer to the transport company and the customer must assert the damage directly to the transport company.
§ 6 Right of Set-Off, Right of Retention
The customer is not entitled to offset against our claims, unless the counterclaims of the customer are legally established or undisputed. The customer is also entitled to offset against our claims if he asserts claims for defects or counterclaims from the same purchase contract. The customer may exercise a right of retention only if his counterclaim is based on the same purchase contract.
§ 7 Revocation
Right of withdrawal
You have the right to withdraw this contract within fourteen days, without explanation. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must notify us—Flora Miranda, Oostenstraat 50 bus 35, 2018 Antwerp, Belgium, email@example.com, +32 484 104 883—by means of a clear statement (such as a letter sent by post or email) of your decision to withdraw from this contract.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this contract, we shall reimburse you for any payments we have received from you, including shipping costs, without delay and at the latest within fourteen days from the date on which we received notice of your cancellation of this contract.
For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you. In no case will you be charged for these repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods.
You are only required to pay for a possible loss in the value of the goods, if the damage of the nature, characteristics and functioning of the good is examined to be due to your handling.
Withdrawal from an order
If you wish to withdraw from an order, please write an email to firstname.lastname@example.org with the following information:
I hereby terminate the contract and withdraw from the purchase of following order:
Order ID: Date of order: Date of receipt: Name: Address: Date of withdrawal:
§ 8 Limitations of Liability
Liability is excluded except for intent or gross negligence. This does not apply to personal injury. There is no responsibility for delivery obstacles in the area of suppliers and producers. If the delivery is thwarted or impossible due to force majeure, official measures or breakdowns, the conditions of sale are suspended and Flora Miranda is released from all obligation to deliver.
§ 9 Privacy
§ 10 Intellectual Property
All text, documents, images, graphics, audiovisual files and other data provided on the website are protected by copyright. The contents of this website may not be copied, distributed, modified or made accessible to third parties without the prior written consent of Flora Miranda. Any use, even in parts, is prohibited without the consent of Flora Miranda.
§ 11 Final Provisions
Belgian law applies excluding the UN sales law and the reference standards.
The exclusive place of jurisdiction for all disputes is the state capital Antwerp. Place of fulfilment is Antwerp. All changes or additions to a contract must be made in written form. This also applies to an intentional departure from the requirement of written form. Oral side agreements do not exist.
The invalidity of individual provisions of these terms and conditions does not invalidate the entire terms and conditions. The remaining provisions remain valid.