General Terms and Conditions

Florèz: JMM Fashion, established in Eemnes under KvK number 84985623

2. Customer: the person with whom Florèz has entered into an agreement.

3. Parties: Florèz and customer together.

1. These terms and conditions apply to all price quotes/proposals, offers, business operations, orders, agreements

and delivery of services or products by or on behalf of Florèz.

2. The parties may only deviate from these terms and conditions if they have expressly agreed to this in writing.

3. The parties strictly exclude the applicability of additional and/or deviating general terms and conditions on the part of the customer or of third parties.

1. All prices used by Florèz are in euros, including VAT and excluding any other costs such as administration costs, charges and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.

2. All prices that Florèz uses for its products, on its website or that have otherwise been published, may be changed by Florèz at any time.

3. Increases in the cost prices on products or parts thereof, which Florèz could not have foreseen at the time of making the offer or completing the agreement, may result in price increases.

4. The consumer has the right to dissolve a contract as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a legal regulation.

1. When entering into the agreement, Florèz may demand a deposit of up to 50% of the agreed amount.

2. The customer must make payment within 14 days of delivery.

3. Payment periods shall be considered as final payment periods. This means that if the customer has not paid the agreed amount by the last day of the payment period at the latest, they will be in violation of the terms of agreement and legally in default, without Florèz having to send the customer a reminder or give notice of default.

4. Florèz reserves the right to make a (supply) delivery conditional on immediate payment or to request a guarantee for the total amount of the services or products.

1. If the customer does not pay within the agreed period, Florèz is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions starting from the day the customer enters into default, whereby part of a month is charged as an entire month.

2. If the customer is in default, they shall also owe Florèz extrajudicial collection costs and any associated compensation.

3. The costs of collection will be calculated on the basis of the extrajudicial collection costs decree (Besluit vergoeding voor buitengerechtelijke incassokosten).

4. . If the customer fails to pay on time, Florèz may suspend its obligations with regard to the agreement, until the customer has fulfilled its payment obligation.

5. In the event of liquidation, bankruptcy, repossession or cessation of payments on the part of the customer, the claims Florèz is entitled to in terms of the customer are immediately due and payable.

6. If the customer refuses to cooperate with the execution of the agreement by Florèz, they are still obliged to pay the agreed price to Florèz.

1. As soon as the customer is in default, Florèz is entitled to invoke the advertisement rights with regard to the unpaid products delivered to the customer.

2. Florèz shall invoke the advertisement rights by means of written or digital communication.

3. As soon as the customer has been informed of the invoked advertisement rights, the customer must immediately return the relevant products the matter relates to Florèz, unless the parties make other agreements.

4. The costs of retrieving or bringing back the products are charged to the customer.

– it is not a product that can expire quickly, such as food or flowers

– it is not a product that has been specially tailored or adapted for the consumer

– it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)

– the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.)

– the product or service does not concern accommodation, travel, restaurant, transport, catering or leisure activities

the product is not a separate magazine or separate newspaper

the consumer has not deviated from their right of withdrawal

on the day after the consumer has received the last product or part of 1 order

as soon as the consumer has confirmed that they will purchase digital content via the internet

3. The consumer can make their right of withdrawal known via [email protected], or by

using the withdrawal form, if this is a preferred option, that can be downloaded from the Florèz website, www.florez.nl.

4. The consumer is obliged to return the product to Florèz within 14 days of notification

of their right of withdrawal, failing which their right of withdrawal will expire.

1. If the consumer has exercised their right of withdrawal in a timely manner and as a result has returned the entire order to Florèz in a timely manner, Florèz will refund any shipping costs paid by the consumer, to the consumer, within 14 days of receiving the order that has been returned in a timely and complete manner.

2. The costs of delivery shall only be charged to Florèz insofar as the entire order is returned.

If the consumer invokes their right of withdrawal and returns the complete order in a timely manner, the costs for returning the complete order will be charged to the consumer.

Unless the customer is a consumer, the customer waives the right to suspend the fulfilment of any obligation arising from this agreement.

1. Florèz may invoke its right of retention and in that case retain products of the customer until the customer has paid all outstanding invoices with regard to Florèz, unless the customer has provided sufficient guarantee for the payment of those costs.

3. Florèz is never liable for any damage that the customer may suffer as a result of exercising their right of retention.

Unless the customer is a consumer, the customer waives their right to offset their debt to Florèz with a claim towards Florèz.

1. Florèz remains the owner of all delivered products until the customer has completely fulfilled all their payment obligations towards Florèz under any agreement in place with Florèz, including claims for failure to perform.

2. Until then the seller can invoke its right to retain title and can recover the goods.

3. Before the transfer of ownership to the customer, the customer may not pledge, sell, dispose of or otherwise discard the products.

4. If Florèz invokes its retention of title, the agreement shall be deemed dissolved and Florèz shall have the right to claim damages, lost earnings and interest.

2. Delivery shall take place on-site at Florèz, unless the parties have agreed otherwise.

3. Delivery of products ordered online takes place at the address specified by the customer.

4. If the agreed amounts are not paid or are not paid on time, Florèz has the right to

suspend obligations until the agreed part has been paid.

5. In the event of late payment, there is a default on the part of the creditor, with the result that the customer cannot object to a delayed delivery to Florèz.

1. The delivery times specified by Florèz are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.

2. The delivery time is effective when the customer has completed the (electronic) ordering process in full and has received an (electronic) confirmation from Florèz.

3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Florèz cannot deliver within 14 days after being notified in writing or the parties have agreed otherwise.

The customer must ensure that the actual delivery of the products ordered by them can take place on time.

1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the freight forwarder or delivery person before receiving the product, failing which Florèz cannot be held liable for any damage.

2. If the customer takes care of the transport of a product, they must report any visible damage to the products or the packaging to Florèz prior to the transport, failing which Florèz cannot be held liable for any damage.

1. If the customer collects the products after the agreed delivery date, the risk of any potential loss of quality is entirely the customer’s responsibility.

2. Any additional costs resulting from premature or delayed purchase of products shall be borne entirely by the customer.

1. The warranty with regard to products applies only to defects caused by faulty manufacture, construction or material(s).

2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, modifications made to the product, negligence or improper use by the customer, this is also the case if the cause of the defect cannot be clearly determined.

3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall be transferred to the customer at the time when they are legally and/or actually delivered, or at least come in the possession of the customer or of a third party who receives the product on behalf of the customer.

exchange takes place within 14 days of purchase upon presentation of the original invoice, the product is returned in the original packaging or with the attached original (price) tags

2. Discounted items, non-deliverable items such as foodstuffs, custom-made items or items specially tailored for the customer cannot be exchanged.

The customer indemnifies Florèz against all claims by third parties relating to the products and/or services supplied by Florèz.

1. The customer must examine a product or service delivered by Florèz as soon as possible to determine if there are any shortcomings.

2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Florèz as soon as possible, but in any case within 1 month after the shortcomings have been discovered.

3. Consumers must inform Florèz of within two months after having determined the shortcomings.

4. The customer shall provide as detailed a description of the shortcoming as possible, so that Florèz is able to respond adequately.

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint is related to an ongoing order, this cannot in any case lead to Florèz being obliged to perform work other than that which has been agreed upon.

1. The customer must notify Florèz in writing of any notice of default.

2. It is the responsibility of the customer that a notice of default actually reaches Florèz (on time).

If Florèz enters into an agreement with several customers, each of them enters into joint and several liability for the full amounts owed to Florèz under that agreement.

1. Florèz is only liable for any damage suffered by the customer if and insofar as such damage is caused by intent or deliberate recklessness.

2. If Florèz is liable for any damage, it is only liable for direct damage arising from or in connection with the execution of an agreement.

3. Florèz is never liable for indirect damage, such as consequential damage, lost earnings, missed savings or damage to third parties.

4. If Florèz is liable, this liability is limited to the amount paid out by a (professional) liability insurance cover put in place, and in the absence of (full) payment by an insurance company for the damages, liability is limited to the (part of the) invoice amount to which the liability pertains.

5. All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indications and/or approximations and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any contractual obligation.

Any right the customer has to compensation from Florèz expires in any case 12 months after the event resulting in direct or indirect liability. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

1. The customer has the right to dissolve the agreement if Florèz accountable for violating its obligation, unless this shortcoming, due to its extraordinary nature or minor significance, does not justify dissolving the agreement.

2. If fulfilment of the obligations by Florèz stops or is temporarily impossible, the agreement can only be dissolved after Florèz is in default of the agreement.

3. Florèz has the right to dissolve the agreement with the customer if the customer does not fulfil its obligations under the agreement in full or in time, or if Florèz has taken note of circumstances that give a justified reason to fear that the customer will not be able to fulfil its obligations properly.

1. In addition to the provisions in Article 6:75 of the Dutch Civil Code, Florèz’ failure to fulfil any obligation towards the customer cannot be attributed to Florèz in fulfillment of any obligation towards the customer cannot be attributed to Florèz in any of the will situation independent of Florèz, as a result of which the fulfillment of its obligations towards the customer is wholly or is partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be done by Florèz are required.

2. The force majeure circumstances referred to in paragraph 1 also include – but are not limited to – the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure on the part of suppliers, delivery persons or other third parties; unexpected power, electricity, Internet, computer and telecommunications failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.

3. If a force majeure incident arises as a result of which Florèz cannot fulfil one or more obligations to the customer, those obligations shall be suspended until Florèz can continue to fulfil said obligations again.

4. As soon as a force majeure incident or event has lasted for at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.

5. Florèz shall not owe any (damage) compensation in a force majeure scenario, even if it benefits as a result of the force majeure event.

1. If, after putting in place the agreement, it appears necessary to make modifications or additions in order to execute the agreement, the parties shall amend the agreement accordingly in good time and by mutual agreement.

2. The previous paragraph does not apply to products purchased in a physical store.

1. Florèz is entitled to modify or supplement these general terms and conditions.

2. Changes of minor importance can be made at any time.

3. Insofar as possible, Florèz will discuss any substantial changes with the customer in advance.

4. Consumers are entitled to terminate the contract in the event of a substantial change to the general terms and conditions.

1. Rights of the customer under an agreement between the parties may not be transferred to third parties without the prior written consent from Florèz.

2. This provision stipulates a clause with effect under property law (beding met goederenrechtelijke werking) as stated in the second paragraph of Article 3:83 of the Dutch Civil Code.

1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.

2. A provision which is void or voidable shall in that case be replaced by a provision which comes closest to what Florèz intended when drawing up the conditions on that point.

1. Any agreement between the parties shall be governed exclusively by Dutch law.

2. The Dutch court in the district where Florèz is established / operates / has an office is exclusively

authorised to resolve any disputes between the parties, unless the law requires otherwise.