Terms of service

1. General Terms and Conditions

GENERAL TERMS AND CONDITIONS OF FORME FLORA BV — Version: 9 April 2026

Contact Details

Forme Flora BV
Bosweg 2
8196 KR Welsum
The Netherlands

Website: www.formeflora.com
Email: klantenservice@formeflora.com
Dutch Chamber of Commerce registration number: 99770717
VAT number: NL869126003B01

Article 1 — Definitions

1. Trader: Forme Flora BV, established at Bosweg 2, 8196 KR Welsum, The Netherlands.

2. Customer: any natural person or legal entity entering into an agreement with the Trader.

3. Consumer: a Customer acting for purposes outside their trade, business or profession.

4. Business Customer: a Customer acting in the course of their trade, business or profession.

5. Agreement: any agreement concluded between the Trader and the Customer through the webshop, by email, by telephone or otherwise.

6. Products: all goods offered by the Trader, including bouquets, artificial flowers, artificial plants, vases, pots, decorative items, accessories and related articles.

7. Custom-made Product: a product manufactured or assembled at the Customer’s request according to their individual specifications and which does not form part of the Trader’s standard collection.

8. Standard Collection: products and sets put together in advance by the Trader and offered as such.

9. Right of Withdrawal: the Consumer’s right to withdraw from a distance contract within the statutory period.

Article 2 — Applicability

1. These general terms and conditions apply to every offer made by the Trader and every Agreement between the Trader and the Customer.

2. Deviations from these terms and conditions are valid only if expressly agreed in writing.

3. If any provision of these terms and conditions is void or annulled, the remaining provisions shall remain fully effective.

4. Where the Customer is a Consumer, mandatory consumer protection rules shall prevail over any conflicting provisions in these terms and conditions.

Article 3 — Offers and Information

1. The Trader takes care to provide descriptions of the Products that are as complete and accurate as possible.

2. Obvious mistakes, typographical errors, colour variations, dimensional discrepancies or evident errors in images, descriptions or prices shall not bind the Trader.

3. Product images and lifestyle photographs are for illustrative purposes. Actual colours, shapes, finishes and proportions may vary slightly.

4. An offer shall clearly describe:
   a. the Product;
   b. the total price, including VAT for Consumers;
   c. any shipping costs;
   d. the delivery method;
   e. whether the Right of Withdrawal applies;
   f. where applicable, that the Product is a Custom-made Product for which no Right of Withdrawal applies.

Article 4 — Conclusion of the Agreement

1. The Agreement is concluded when the Customer accepts the Trader’s offer and fulfils the conditions attached to it.

2. If the Customer has accepted the offer electronically, the Trader shall promptly confirm receipt of that acceptance electronically.

3. Within the limits permitted by law, the Trader may investigate whether the Customer can meet their payment obligations.

4. The Trader may refuse an order or impose special conditions on its fulfilment where reasonable grounds exist.

Article 5 — Prices

1. All prices on the website are:
   a. for Consumers: inclusive of VAT;
   b. for Business Customers: exclusive of VAT, unless otherwise stated.

2. Any shipping costs, surcharges or other additional charges shall be clearly stated before the order is completed.

3. The Trader is entitled to correct obvious pricing errors. If, as a result, the Customer no longer wishes to proceed with the purchase, the Customer may terminate the Agreement free of charge.

4. Unless expressly agreed otherwise, quotations and price estimates are non-binding.

Article 6 — Payment

1. Payment shall be made using the payment methods offered in the webshop or quotation.

2. Unless otherwise agreed, payment must be made in full before dispatch.

3. If deferred payment or payment by invoice has been agreed, the payment period stated on the invoice shall apply.

4. If the Customer fails to pay on time, they shall be in default following a formal notice of default. The Trader shall then be entitled to charge statutory interest and extrajudicial debt collection costs.

5. The Trader may suspend performance until the Customer has fulfilled all payment obligations in full.

Article 7 — Delivery and Performance

1. The Trader shall fulfil orders promptly and no later than within the agreed delivery period.

2. If no delivery period has been agreed, delivery shall take place within a reasonable period.

3. Stated delivery times are estimates, unless expressly agreed otherwise in writing.

4. A delivery delay does not automatically entitle the Customer to compensation or termination of the Agreement, unless mandatory law provides otherwise.

5. Delivery shall take place at the address provided by the Customer.

6. The risk of damage to and/or loss of Products shall pass:
   a. for Consumers: upon delivery to the Consumer or a third party designated by them;
   b. for Business Customers: upon dispatch or when the Products are made available, unless otherwise agreed in writing.

Article 8 — Retention of Title

1. All delivered Products shall remain the property of the Trader until the Customer has fulfilled all payment obligations in full.

2. The Customer may not pledge or otherwise encumber Products subject to retention of title.

Article 9 — Right of Withdrawal for Consumers

1. The Consumer may withdraw from an Agreement concerning a Product from the Standard Collection within 14 days without giving any reason.

2. The cooling-off period begins on the day after the Consumer, or a third party designated by them other than the carrier, receives the Product.

3. During the cooling-off period, the Consumer shall handle the Product and its packaging with care. They shall unpack or use the Product only to the extent necessary to establish its nature, characteristics and functioning.

4. To exercise the Right of Withdrawal, the Consumer must notify the Trader within the cooling-off period by sending an unequivocal statement by email to klantenservice@formeflora.com or by using the model withdrawal form.

5. The Consumer shall return or hand over the Product to the Trader as soon as possible, and in any event within 14 days from the day following notification, unless the Trader has offered to collect the Product.

6. Returns must be sent to: Forme Flora BV, Bosweg 2, 8196 KR Welsum, The Netherlands.

7. The Consumer shall bear the direct costs of returning the Product, unless the Trader has indicated in advance that it will cover those costs.

8. The Consumer is liable for any diminished value of the Product resulting from handling beyond what is necessary to establish its nature, characteristics and functioning.

9. The Trader shall reimburse all payments received from the Consumer, including the standard outbound delivery costs paid, within 14 days of withdrawal.

10. The Trader may withhold reimbursement until it has received the Product or until the Consumer provides evidence that the Product has been returned, whichever occurs first.

11. Additional costs resulting from the Consumer choosing a delivery method more expensive than the cheapest standard delivery option do not have to be reimbursed.

12. The Right of Withdrawal applies exclusively to Consumers.

Article 10 — Exclusion of the Right of Withdrawal for Custom-made Products

1. The Right of Withdrawal is excluded for non-prefabricated Products made to the Consumer’s specifications on the basis of an individual choice or decision by the Consumer, or Products clearly intended for a specific person, insofar as permitted by law.

2. A Product shall in any event qualify as a Custom-made Product if:
   a. the Consumer determines its specific composition, combination, finish, text, personalisation or individual design; and
   b. as a result, the Product cannot readily be resold as a standard product.

3. Not every Product assembled to order automatically qualifies as custom-made. Products from the Standard Collection, even if assembled or packaged only after an order has been placed, shall in principle remain subject to the normal Right of Withdrawal.

4. Where a Product is custom-made, the Trader shall clearly state this on the product page, during the ordering process or in the quotation before the Agreement is concluded.

5. Components featuring personalised text, a card, a name, printed ribbon or another personal addition may qualify as custom-made without automatically making the entire Product custom-made.

Article 11 — Returns Due to Damage, Errors or Defects

1. The Customer should inspect a delivered Product for visible damage, defects or discrepancies as soon as possible after receipt.

2. In the event of transport damage, delivery of an incorrect Product or a Product that does not conform to the Agreement, the Customer must notify the Trader within a reasonable period after discovery, preferably including photographs and a description of the complaint.

3. Notifications may be sent to klantenservice@formeflora.com.

4. Complaints concerning damage or defects do not affect the Consumer’s statutory rights.

5. If a complaint is justified, the Trader shall arrange repair, replacement, delivery of missing items, a price reduction or reimbursement within a reasonable period, depending on the circumstances.

6. Returns made without prior notification may be refused, unless mandatory law provides otherwise.

Article 12 — Conformity and Warranty

1. The Trader warrants that the Products conform to the Agreement, the specifications stated in the offer and reasonable requirements of quality and fitness for use.

2. Any additional commercial warranty provided by the Trader, manufacturer or importer shall never restrict the Consumer’s statutory rights.

3. Minor variations in colour, shape, texture, dimensions or composition that fall within normal commercial or material tolerances do not constitute a defect.

4. Damage caused by the following, among other things, does not constitute non-conformity:
   a. improper use;
   b. incorrect assembly or placement by the Customer;
   c. normal wear and tear;
   d. careless handling;
   e. external influences;
   f. failure to follow care or operating instructions.

Article 13 — Use, Care and Display of Products

1. The Customer is responsible for using the delivered Products correctly and carefully.

2. Products must be used only for their intended purpose and in accordance with any instructions provided by the Trader.

3. Decorative Products, artificial flowers, artificial plants, vases and accessories may be susceptible to breakage, discolouration, deformation, dust accumulation, moisture, heat, direct sunlight or improper transport.

4. The Trader is not responsible for damage resulting from improper use, dropping, impacts, unsuitable surfaces, incorrect placement or insufficient care.

Article 14 — Cancellation

1. Orders from the Standard Collection may be cancelled free of charge before dispatch, unless expressly agreed otherwise beforehand.

2. Custom-made orders cannot be cancelled free of charge after the Agreement has been concluded once the Trader has started performance or reserved or processed materials specifically for that order.

3. Where cancellation of a custom-made order is still possible, the Trader may charge costs already incurred and reasonable preparation costs.

Article 15 — Business Customers

1. The provisions concerning the Right of Withdrawal do not apply to Business Customers.

2. For Business Customers, complaints concerning visible defects or discrepancies must be submitted within five business days after delivery, unless otherwise agreed in writing.

3. Delivery times stated for Business Customers are always estimates, unless expressly agreed in writing as binding deadlines.

4. Any liability of the Trader towards Business Customers is limited as set out in Article 16.

5. The applicability of the Business Customer’s own general terms and conditions is expressly rejected.

Article 16 — Liability

1. The Trader is liable only for direct damage resulting directly from an attributable breach of its obligations or an unlawful act committed by the Trader.

2. Insofar as permitted by law, all liability for indirect damage is excluded, including consequential loss, loss of profit, loss of anticipated savings, reputational damage and losses arising from business interruption.

3. If the Trader is liable, its liability shall be limited to the amount charged for the relevant order or, if higher, the amount paid out by the Trader’s liability insurer in the particular case.

4. The limitations in this Article do not apply to damage resulting from intent or deliberate recklessness on the part of the Trader, or insofar as mandatory law prohibits such limitations.

Article 17 — Force Majeure

1. The Trader is not required to fulfil any obligation if prevented from doing so by force majeure.

2. Force majeure includes disruptions to transport, internet services or payment systems, supplier failures, illness, government measures, fire, water damage, natural disasters, war, strikes and other circumstances beyond the Trader’s reasonable control.

3. The Trader’s obligations shall be suspended for the duration of the force majeure event.

4. If the force majeure period lasts longer than 30 days, either party may terminate the unperformed part of the Agreement in writing, without any obligation to pay compensation.

Article 18 — Intellectual Property

1. All intellectual property rights relating to the website, product presentations, photographs, texts, designs, styling concepts and other materials belong to the Trader or its licensors.

2. Without the Trader’s prior written consent, materials from this website may not be copied, reproduced, made public or otherwise used, except for personal and non-commercial purposes.

Article 19 — Personal Data

1. The Trader processes personal data in accordance with applicable privacy legislation and the privacy policy published on the website.

2. The privacy policy does not form part of these general terms and conditions, but applies to all processing of personal data by the Trader.

Article 20 — Complaints Procedure

1. Complaints concerning performance of the Agreement must be submitted to the Trader at klantenservice@formeflora.com within a reasonable period after the Customer discovers the defects, with a complete and clear description.

2. The Trader shall respond to complaints within 14 days of receipt. If a complaint requires more processing time, the Customer shall receive an acknowledgement within 14 days indicating when a substantive response can be expected.

3. If the Customer is a Consumer and the parties cannot resolve the matter between themselves, the Consumer may submit the dispute to the competent court.

Article 21 — Applicable Law and Competent Court

1. All Agreements between the Trader and the Customer are governed exclusively by Dutch law.

2. Disputes shall be submitted to the competent court for the place where the Trader is established, unless mandatory law designates another competent court.

3. If the Customer is a Consumer, they also have the right to submit the dispute to the court with jurisdiction over their place of residence under applicable law.

Article 22 — Model Withdrawal Form

Consumers may use the following model form:

To:

Forme Flora BV
Bosweg 2
8196 KR Welsum
The Netherlands

Website: www.formeflora.com
Email: klantenservice@formeflora.com

I/We* hereby give notice that I/We* withdraw from my/our* contract for the sale of the following goods:

[product description]

Ordered on*/received on*: [date]

Name(s) of Consumer(s): [name]
Address of Consumer(s): [address]

Signature of Consumer(s) (only if this form is submitted on paper): [signature]

Date: [date]

* Delete as appropriate.