Terms and Conditions

Article 1 | General

1.1 Melle Bloemen Visuals is headquartered in Bakel and is registered with the Chamber of Commerce under filing number: 68811896

1.2 Customer: a natural or legal person entering into an agreement with Melle Bloemen Visuals.

1.3 Consumer: a Customer as defined in article 1.2, not acting in the exercise of a profession or company.

1.4 The website of Melle Bloemen Visuals is accessible through www.mellebloemen.com.

1.5 Products: the comprehensive definition of a product or case, including, but not limited to: original works of art by Melle Bloemen Visuals, reproductions of works of art by Melle Bloemen Visuals, and other products offered by Melle Bloemen Visuals.

1.6 Agreement: a distance contract where the Customer, through a system organized by Melle Bloemen Visuals for distance sales of products, engages with Melle Bloemen Visuals, utilizing exclusively one or more techniques for distance communication until the closure of the agreement (e.g., email).

1.7 Reflection time: a period during which a Consumer has the option to bring about the resolution of the purchase through the right of withdrawal.

1.8 Right of withdrawal: the option for a Consumer to return the ordered Product(s) to Melle Bloemen Visuals within the reflection time after receiving them and receive a refund.

Article 2 | General Provisions

2.1 These terms apply to all offers and agreements (distance contracts) made by Melle Bloemen Visuals concerning the sale of Products.

2.2 Any purchase terms used by the Customer are explicitly rejected and do not apply to agreements with Melle Bloemen Visuals.

2.3 If one or more provisions in these general terms are null and void or allowed to be declared null and void, the other general terms will remain fully applicable.

2.4 The term 'in writing' in these general terms includes documents produced in writing sent via electronic means, including email.

2.5 The content of the Melle Bloemen Visuals website and all other online expressions are composed with the utmost care. However, Melle Bloemen Visuals cannot guarantee the nature, correctness, or content of this information and is not liable for errors, inaccuracies, or the results of using the information.

Article 3 | Offers

3.1 Product specifications and prices, including local VAT, are stated on Melle Bloemen Visuals' website. Shipping costs are indicated before or after the agreement is realized.

3.2 Products on the Melle Bloemen Visuals website have an accurate description and/or image.

3.3 If descriptions and/or images differ from reality, Melle Bloemen Visuals is not liable to compensate the Customer. The Consumer always reserves their right of withdrawal as determined in article 6.1.

3.4 Melle Bloemen Visuals provides the Customer with information about the expected delivery time, which is only an indication.

3.5 Import duties are always the responsibility of the Customer.

Article 4 | Realization of an Agreement

4.1 Agreements arise when the Customer accepts an offer or quotation from Melle Bloemen Visuals, and Melle Bloemen Visuals agrees to this acceptance.

4.2 An agreement also arises when Melle Bloemen Visuals delivers Products to the Customer after the Customer places an order via the Melle Bloemen Visuals website.

4.3 Melle Bloemen Visuals is free to, without stating a reason, not agree to an offer made by a Customer. If the Customer has already made payment, Melle Bloemen Visuals will reimburse this amount to the Customer immediately after the refusal.

Article 5 | Delivery

5.1 After an agreement is realized, Melle Bloemen Visuals will offer the ordered Products for transport, with transport costs indicated during the agreement realization.

5.2 Delivery proceeds to the paved road in front of the first ground-level door, unless otherwise agreed upon in writing between Melle Bloemen Visuals and the Customer.

5.3 After an agreement, the Third Party will deliver the ordered Products to the Customer as soon as possible.

Article 6 | Return of Products

6.1 After receiving the ordered Product(s), the Consumer has fourteen (14) days, on grounds of their Right of withdrawal, to return the unopened and undamaged Product(s) to Melle Bloemen Visuals without stating reasons.

6.2 After receiving the Product, Melle Bloemen Visuals will reimburse the invoice value to the Consumer within thirty (30) days.

6.3 If a Consumer uses their Right of withdrawal, the risk of the shipment and shipping costs are the responsibility of the Consumer.

6.4 From the moment of Product(s) receipt, the Consumer must take appropriate measures to prevent damage to the Product and/or packages.

6.5 Damaged products will not be accepted back by Melle Bloemen Visuals.

6.6 The Consumer cannot exercise their Right of withdrawal if the ordered Product has been manufactured to the personal preference of the Customer or falls under another exception as mentioned in article 7:46 lid 4 of the Dutch Civil Code.

Article 7 | Guarantee

7.1 The Customer must check the delivered Products immediately after receipt, and any defective Products must be reported to Melle Bloemen Visuals within seven (7) days.

7.2 If Melle Bloemen Visuals deems the complaints justified, the Customer will be offered repair, a replacement Product, or reimbursement of the invoice value.

7.3 The Customer has no right to Guarantee as described in this article if the conclusion is made that the defect to the Product is caused by the Customer.

Article 8 | Price & Payment

8.1 Product specifications and prices, Excluding local (NL) VAT, are stated on the Melle Bloemen Visuals website. Shipping costs are indicated before or during the realization of the agreement. If Import Duties apply, Melle Bloemen Visuals will not communicate the appropriate duties through the shipping cost of the Third-party transporter. Shipment is executed on the basis of DAP (Delivered At Place), and the customer is responsible for the correct payment of import duties. Melle Bloemen Visuals is not liable for any quotations made by the Third Party or Melle Bloemen Visuals upon agreement.

8.2 Payment must be settled during the realization of an Agreement.

8.3 The Customer must report possible inaccuracies in the invoicing to Melle Bloemen Visuals immediately, after which Melle Bloemen Visuals will correct the amount.

8.4 Inaccuracies in the invoicing do not relieve the Customer from any payment obligations or any other obligations reported in these terms.

Article 9 | Retention of Title & Intellectual Property

9.1 The Products delivered by Melle Bloemen Visuals will remain the property of Melle Bloemen Visuals until the Customer has fulfilled all obligations from the agreement. The intellectual property of the Products remains with Melle Bloemen Visuals. Customers are not allowed to duplicate or place the website or any part of it at someone’s disposal without the permission of Melle Bloemen Visuals.

9.2 If Melle Bloemen Visuals invokes retention of title, the relevant agreement will be considered resolved, without prejudice to Melle Bloemen Visuals' right to claim compensation for damage, lost interest, and interest.

9.3 The content of the Melle Bloemen Visuals website, including, but not limited to: texts, images, design, brands, and domain names, is the property of Melle Bloemen Visuals and is protected by copyright and intellectual or industrial property rights under applicable law. Users of the website are not allowed to duplicate or place the website or any part of it at someone’s disposal without the permission of Melle Bloemen Visuals.

Article 10 | Force Majeure

10.1 Melle Bloemen Visuals is not obligated to fulfill any obligations towards the Customer if they are restricted due to circumstances for which they cannot be blamed by law, nor by virtue of the law, an act in law, or traffic notions.

10.2 During the period force majeure lasts, Melle Bloemen Visuals can hold the obligations from the agreement in abeyance. If force majeure lasts longer than thirty (30) days, the Customer and Melle Bloemen Visuals are entitled to resolve the agreement without any obligation to reimburse damage suffered by the other party.

Article 11 | Liability

11.1 If Melle Bloemen Visuals is held liable, every liability is limited to – maximum - the invoice value of the agreement, at least to that part of the agreement the liability relates to.

11.2 Melle Bloemen Visuals is only liable for immediate damage, which exclusively means:

• The reasonable costs to determine the cause and size of the damage, as far as the determining relates to damage in the sense of these terms.

• The possible reasonable costs made to have the deficient performance of Melle Bloemen Visuals answered to the agreement, as much as they can be imputed to Melle Bloemen Visuals.

• Reasonable costs made to prevent or limit damage, as far as the Customer demonstrates that these costs have led to limiting immediate damage as meant in this article.

11.3 Melle Bloemen Visuals excludes every liability for indirect damage suffered by the use of products supplied by Melle Bloemen  Visuals, with the exception of situations in which the damage can be directly blamed on willful intent or gross negligence on the side of Melle Bloemen Visuals, its management, and/or managing staff.

11.4 Melle Bloemen Visuals is never liable for the following loss items: Consequential damage, loss profit, lost savings, and damage by business interruption.

Article 12 | Applicable Law and Litigations

12.1 Dutch law exclusively applies to all legal relations Melle Bloemen Visuals is a party to. The applicability of the CISG is excluded.

12.2 The Customer and Melle Bloemen Visuals will not appeal to a Judge until they have done the utmost to settle a dispute in mutual consultation.

12.3 Unless otherwise determined by rules of mandatory law, Dutch Law is applicable.