Annuleringsbeleid – Season zijden bloemen

Cancellation policy

GENERAL TERMS AND CONDITIONS

Last update: February 24

DEFINITIONS

“SEASON”: The private limited company “SEASON”, with registered office at Sint-Lievenslaan 254, box 601, 9000 Ghent, Belgium, VAT-BE 1002.628.523;
“Customer”: Any legal entity who enters into an agreement with SEASON;
“Silk Flower Subscription”: The agreement between SEASON and the Customer for the rental by SEASON to the Customer of silk flower bouquet(s) with corresponding vase(s), which are exchanged at an agreed frequency, and accompanying services.

SCOPE OF APPLICATION

Unless explicitly agreed otherwise in writing, the present general terms and conditions (hereafter “General Terms and Conditions”) shall apply to all agreements between SEASON and the Customer for Silk Flower Subscription (hereafter “Agreement”). No provision whatsoever, in the Customer’s documents (including its general terms and conditions) is applicable on the Agreement. By entering into an Agreement with SEASON, the Customer declares to have received a copy of these General Terms and Conditions and accepts these General Terms and Conditions. SEASON reserves the right to change these General Terms and Conditions, subject to prior notification to the Customer.

CHOICE AND CHANGE OF THE SILK FLOWER SUBSCRIPTION OPTIONS

The Customer select the preferred size of the silk flower bouquet(s) (medium or large) and the preferred exchange frequencies (one exchange per season, two exchanges per season or three exchanges per season).
The Customer can change the chosen size and exchange frequency during the term of the Agreement by giving notice at least 15 days before the scheduled exchange.

ESTABLISHMENT OF THE AGREEMENT

An Agreement shall become effective when the Customer expresses her acceptance of an offer made by SEASON.

RENTAL PRICES

The fee for the rental of the silk flower bouquet(s) with corresponding vase(s), delivery, exchange, and installation consists of a monthly rental price.
The rental prices are expressed in EUR (€) and are exclusive VAT.
SEASON reserves the right to change the rental prices monthly during the term of the Agreement. The change may be made, among other things, as a result of a change in the chosen Silk Flower Subscription options in accordance with Article 3.2, and/or the increase of raw material prices, and/or changes in the exchange rate ratio, and/or price-increasing measures taken by the Belgian government. SEASON will notify the Customer no later than 14 days before the change takes effect. The Customer is entitled to terminate the Agreement within 10 days upon notification.

PAYMENT

SEASON’s invoices are transferred to the Customer on the 28^th of each month.
Unless expressly agreed otherwise, SEASON’s invoices are payable without discount at its registered office no later than 14 calendar days following the invoice date. The invoice shall not be considered paid until the funds have been credited to SEASON’s bank account.
Any protest with regard to an invoice by the Customer shall only be valid if it is submitted by registered letter within 7 days following the invoice date, stating the invoice date and number and a detailed substantiation of the protest. Such protest shall not discharge the Customer in any way of his payment obligations.
Any invoice that remains fully or partially unpaid by the Customer on the due date shall automatically and without prior notice be increased by a default interest of 3% per month overdue, whereby each started month shall be considered as a whole month, and, in addition, the due amount shall be increased by all SEASON’s collection costs associated with the recovery of the debt, as well as by 20 % of the invoice amount, with a minimum of 100 EUR (excl. VAT), as a lump sum compensation, without prejudice to SEASON’s right to claim higher compensation. Moreover, If the Customer fails to pay one or more outstanding invoices to SEASON, SEASON reserves the right to immediately discontinue any further exchanges.
The Customer must always inform SEASON immediately of any changes in its billing information.

DEPOSIT

The Customer pays a deposit in the amount of 2 month’s rental price to SEASON.
The deposit is refunded at the end of the contract, less any damage that does not qualify as usual wear and tear.

DELIVERY, INSTALLATION, PICK-UP and EXCHANGE

season delivers and installs the first silk flower bouquet(s) with corresponding vase(s) at the address and during the time window specified by the Customer.
At the end of each period, SEASON picks up the used silk flower bouquets(s) and corresponding vase(s) and delivers and installs the new silk flower bouquet(s) with corresponding vase(s). SEASON shall notify the Customer of the date and the time of exchange at least 5 working days before each scheduled exchange. Changes in the exchange schedule will be communicated by SEASON in advance.
Except in cases of intentional and/or gross misconduct, delay in delivery, installation, pick-up and exchange cannot give rise to damages or termination of the Agreement at the expense of SEASON.
The Customer shall ensure that delivery, installation, pick-up and exchange are possible at the address provided by her, and during the time window specified by her, or at the time communicated by SEASON. If upon arrival it appears that delivery, installation, pick-up and exchange are not possible, the Customer shall be held liable to SEASON to pay a lump sump compensation of 50 EUR, without prejudice to SEASON’s right to claim higher compensation.

method of use and damages

The Customer shall use the silk flower bouquet(s) and corresponding vase(s) carefully and wisely. The Customer is expressly prohibited from adding water to the vase(s), as this may damage the silk flower bouquet(s).
In case of loss or damages of a silk flower bouquet and/or a corresponding vase during the term of the Agreement, regardless of the cause, the Customer shall compensate SEASON for all damages suffered. SEASON reserves the right to withhold the deposit in whole or in part to cover the costs of repairing or replacing damaged silk flower bouquets and/or vases.

CANCELLATION

The Customer can only validly cancel the Silk Flower Subscription within three months following the delivery of the first silk flower bouquet(s) with corresponding vase(s), and this in writing. After these periods, in case of cancellation of the Silk Flower Subscription, the Customer shall owe SEASON a compensation in the amount of 2 month’s rental price to SEASON and this without prejudice to the right to compensation for higher proven damages.

FLAWS AND COMPLAINTS

Upon every delivery and installation of a silk flower bouquet with corresponding vase, the Customer must immediately conduct a verification with regard to conformity with the delivery, visible flaws, correct size etc. The Customer must immediately notify SEASON of any verifiable deviations in writing within 24 hours of delivery and installation.
The Customer must notify SEASON of any hidden flaws in writing within 72 hours of the discovery.
If no complaints are notified within the abovementioned periods, the Customer shall be deemed to have approved and accepted the delivery. Under no circumstances will SEASON be held to any intervention or be liable in any way for any non-conformity or defects due to the Customer’s own actions or resulting from improper use by the Customer or non-compliance with these General Terms and Conditions.
The guarantee that SEASON offers is replacement of the silk flower bouquet and/or the corresponding vase.

TERM AND TERMINATION
- The Agreement will remain effective for an initial period of 1 year. The Agreement shall thereafter automatically be renewed for further periods of 12 months each, unless terminated by SEASON or the Customer by giving notice no later than 30 days prior to the end of the initial period or of any subsequent period.
- The Agreement may be unilaterally suspended or terminated by SEASON by written notice to the Customer, without prior judicial intervention:

if the Customer is in suspension of payments, collective debt settlement, judicial reorganisation or bankrupt,
in case of confiscation or other forms of forced execution against the Customer,
in the event of non-payment of invoices.
- At the end of the Agreement, SEASON will pick up the silk flower bouquet(s) and the corresponding vase(s).

FORCE MAJEURE

SEASON is not liable for any breach of its obligations that is caused by force majeure. Cases of force majeure are considered as: all circumstances that were reasonably unforeseeable at the time the Agreement was concluded and that are unavoidable, and that, on the part of SEASON, create the inability to carry out the Agreement, or that would make the implementation of the Agreement, financially or otherwise, harder or more difficult than normally anticipated (such as, but not limited to, war, terrorism, epidemics and pandemics, natural disasters, fire, delays on the part of third parties or bankruptcy of third parties with whom SEASON is working, overall scarcity of raw materials or Products, shortages of personnel, strikes, government regulations, organizational circumstances, etc.).
The aforementioned situations entitle SEASON, respectively the Customer, to apply for the revision and/or suspension of the Agreement by simple written notification, without becoming liable for any damages whatsoever. If a situation of force majeure lasts longer than 2 months, the parties have the right to terminate the agreement.

ownership

Throughout the term of the Agreement, all the silk flower bouquets and corresponding vases shall remain the exclusive property of SEASON. The Customer is prohibited from selling, transferring, assigning, or conveying the silk flower bouquets and corresponding vases, from pledging or mortgaging them, from lending them, from sub-letting them, or from disposing of them in any way whatsoever.
Similarly, if any third party should make any claim on the silk flower bouquets and corresponding vases, the Customer undertakes to immediately inform SEASON in writing thereof to enable her to protect her interests. The Customer shall be held liable to SEASON for any damage resulting from a failure or delay in providing such information.

Choice of jurisdiction and competent courts

Belgian law shall apply.
Disputes are subject to the exclusive jurisdiction of the courts of the district where SEASON has its registered office, unless SEASON expressly waives this.