Terms and conditions Victorian Flowers

1. General

These terms and conditions apply to all our offers and the contracts for sale concluded with us. Variations on these terms are only allowed after approval in writing by Victorian Flowers, at which time the remaining stipulations remain in force.

All terms and conditions used by the other party apply, as long as they do not contradict present  terms and conditions used by Victorian Flowers. In that case our terms and conditions will always have priority, even if priority is stipulated otherwise.

2. Offers / contracts for sale

A contract for sale is set up by placing an order on the Victorian Flowers website. Directly after placing an order, you will get a confirmation e-mail. If you notice a wrongly ordered article you should contact us immediately, so that we can correct the mistake. Otherwise mistakes are for the financial risk of the buyer.

When you push the button ‘Confirm Order’ after the order-procedure, you declare to accept the order as well as these terms and conditions fully and unconditionally. The by Victorian Flowers registered information constitute proof of all transactions between Victorian Flowers and her customers. The information registered by the payment system constitutes the proof for financial transactions.

All offers from Victorian Flowers are without engagement and Victorian Flowers explicitly reserves the right to modify prices, especially when this is necessitated by (legal) directions.  This does not influence contracts already entered. Offers are subject to the proviso that the articles are available.

Victorian Flowers is not bound to her offer in case of misprint or programming error on the website, in the automatically generated order confirmations or errors in the mutual correspondence with the customer.

Every omission of the customer gives Victorian Flowers the authority to terminate the agreement by a notice in writing addressed to the customer. A notice addressed to the e-mail-address of the customer is also seen as a notice in writing.

A contract for sale is only concluded when Victorian Flowers accepts your order. Victorian Flowers reserves the right to reject orders or to enforce certain conditions of delivery.

In case an order is not accepted, Victorian Flowers will inform you of this within 10 workdays after receiving said order.

Victorian Flowers preserves the right to suspend or to terminate all orders when there is a conflict with the customer about payment of an earlier order.

Victorian Flowers is not obliged to subsequent delivery when the article is sold out.

3. Prices

The prices listed by us are inclusive of 19% VAT and in Euro, but exclusive of shipping costs. Victorian Flowers reserves the right to modify prices without notice.

All order are to be paid in Euros.

All offers from Victorian Flowers are without engagement and Victorian Flowers explicitly reserves the right to modify prices, especially when this is necessitated by (legal) directions.  This does not influence contracts already entered.

4. Payment

Payment in Advance:
Payment should take place within 14 days of the order date. If we have not received your payment within this period it is possible that the article(s) you ordered are not available anymore, or not available for the agreed upon price. You can then order again for the new price.

If we have not received payment within 3 weeks we will consider your order void.

The preferred method of payment is by bank transfer due to our bank-account.

The Netherlands:
Rabobank account-number 1332.46.302
Made out to Victorian Flowers
In the city of Lelystad

Extra information needed for bank-transfers from other countries (to the Netherlands):
IBAN number: NL45RABO0133246302
SWIFT/BIC code: RABONL2U

For questions concerning payment through Paypal or credit card you can contact us by using the contact form on the website.

If you would like to pay in a different way, please contact us.

Submitted claims do not suspend the purchaser’s obligation to pay.

5. Delivery

The Netherlands:

 Orders are usually shipped within 1 workday after receiving payment when articles are in stock. Otherwise time before shipment depends on our suppliers. Delivery generally takes place within 2 workdays after shipment.

Europe:
Orders are usually shipped within 1 workday after receiving payment when articles are in stock. Otherwise time before shipment depends on our suppliers. Delivery generally takes place within 8 workdays after shipment.

Rest of the world:
Orders are usually shipped within 1 workday after receiving payment when articles are in stock. Otherwise time before shipment depends on our suppliers. Cash on delivery shipments are not possible.

Victorian Flowers delivers throughout the whole world. For delivery to some countries you have to contact us first before the definitive order can be made.

Any time for delivery stated by Victorian Flowers shall be treated as an estimate only. Failure to deliver within the stated times does not entitle the customer to compensation.

In the exceptional case that an article is not available anymore, Victorian Flowers reserves the right to, at any time, offer the customer a comparable product in quality and price.

When the customer did not receive the complete order, the customer has to contact Victorian Flowers within 3 workdays about which part of the order was not received.

The customer also has to contact Victorian Flowers when a delivery is overdue, within 7 workdays after the e-mail the customer received when Victorian Flowers shipped the order.

If a delivery time of more than 30 days is exceeded both Victorian Flowers and the buyer have the possibility to dissolve the agreement in writing, after which both parties are exempt from their obligations towards each other and any already fulfilled payments will be restituted.

Exceeding of the statutory delivery period of 30 days will not lead to omission by operation of law, in departing from section 46f, paragraph 1 of Book 7 of the Dutch Civil code. A notice of default is required before Victorian Flowers can be considered to be in omission.

To prevent longer waiting times Victorian Flowers is entitled to making deliveries in multiple shipments. Extra costs with regards to this are only paid for by Victorian Flowers, when this choice is initiated by Victorian Flowers.

6. Exchange

All articles can be exchanged within 7 workdays following receipt except in cases mentioned below. Prior to returning the article(s) Victorian Flowers should be contacted first through the contact form on the website ( http://www.victorianflowers.nl/contact_us.php  ) and the return be of the article(s) has to be granted by Victorian Flowers. Please return the article(s) together with your invoice post-paid. Parcels without postage will not be accepted and wil be returned to the sender.

On the invoice please state:

- Date of receipt
- Reason for returning the article
- Which other product(s) you would like to receive

In the following instances returned articles will not be accepted:
A) If the article was made-to-measure for you
B) Clothing has been worn, washed and/or damaged
C) Goods for hygienic reasons (make-up, stockings, lingerie, etc)
D) You have tried to repair a defect yourself
E) You have not followed the guidelines in the manual and/or instructions of use
F) Article is not complete anymore

G) It concerns shoes of which the article name does not begin with the letter "A"

H) You do not have the invoice anymore

I) The article is no longer in the original packaging

J) The seal or label of the article is damaged, broken or removed

K) It concerns couture

Warning: returned articles will only be accepted when they are not damaged and when they are still in the original package. The package, a shoe-box for example, may not be damaged and there may not be written on. It may not be covered with addresses, adhesive tape, and so on. This because articles (including their packaging) have to be sold to others like new. (Tip: wrap the box in a paper or plastic bag).

Complaints about your order have to be reported to Victorian Flowers in writing within 7 workdays.

The period of 7 workdays starts on the day the article was delivered to the customer. The burden of proof considering the use of returning in time lies with the customer. Victorian Flowers accepts a stamped or signed note from the carrier, proof of posting certificate, or a similar document.

Goods can be exchanged for the same article in another size or colour, or for one or more articles with at least the same total price.

7. Damaged or faulty articles

If an article has evident production faults (or if we accidentally sent you something wrong) then please contact us within 7 workdays after taking delivery.

Please return the article together with your invoice postpaid (Please note: only if there is something wrong with the article without your fault). When after inspection by Victorian Flowers it really appears to be a serious defect or production fault, through no fault of the customer, the article will be replaced.

Always check the articles on receipt. Due to the fact that many of the products we sell are handcrafted, small alterations in model and/or colour may exist. Victorian Flowers is not liable for this.

 On the invoice please state:
- Reason for returning the article

- Date of receipt
- Which other product(s) you would like to receive

If you fail to comply with the above stated stipulation we will assume to have delivered in accordance with our obligations. You can reach our customerservice by using the contact form on our website: http://www.victorianflowers.nl/contact_us.php .

8. Shipment / shippingcosts

Shipment takes place at the risk of the seller. Method of shipment and packaging is for us to decide. Juridical time of delivery is the moment the goods leave our company

Upon checking out the shipping costs are clearly stated.

Victorian Flowers is entitled to making deliveries in multiple shipments. Extra costs with regards to this are paid for by Victorian Flowers.

If the buyer neglects to pick up his or her parcel at the post-office (if and when the postman did not find you home upon delivery) you will need to make a contribution to EDICA with regards to the shipping costs of the 2nd shipment of your order, before we send it again. The shipment notification by email is in itself a clear enough indication that the parcel has been sent to you. Therefore a claim that the postman did not leave a voucher, for picking up the parcel at the postoffice, is not valid.

If you have not received the order yet after 7 workdays after receiving the e-mail, you have to contact Victorian Flowers.

Victorian Flowers is not liable for lost uninsured parcels/post. The choice as well as the responsibility for uninsured shipping lies with the customer.

If one or more articles get lost during an insured shipment, the customer obligates himself to cooperate with the investigation after his first request. When the customer does not fulfill this obligation, Victorian Flowers will be authorized to recover the price of the articles from the customer.

In case of return shipment the costs of shipping will be seen as a customers’ risk and will not be paid for by Victorian Flowers.

In case of shipment to other countries then Holland Victorian Flowers is not liable for customs duties or other local taxes or import levies or state-taxes that might be applicable.

9. Privacy policy

We will never disclose any customer information from our records to third parties without your explicit consent.

In our secure database we keep the following personal information:
- Name and address
- E-mail address
- Telephone number
- Order data

This data will only be used for the purpose of processing orders from you and for correspondence with regards to placed orders and payments of said orders.

At any time you are able to check and/or correct your personal information on the website by logging into your account.

If you would prefer to be removed completely from our records then please contact us.

10. Force majeure

In the event that the Company is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control, Victorian Flowers shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfillment is prevented. Victorian Flowers also reserves the right to cancel said contract for sale without legal intervention, by informing you of this in writing. In this instance we shall not be held for compensation unless this would be deemed unacceptable given the circumstances. The remaining stipulations in these terms shall not be diminished in any way by this.

Considered as force majeure is every failure which cannot be attributable to Victorian Flowers, because it is not due to Victorian Flowers’ guilt and is not for Victorian Flowers’ expense in accordance with the law, legal act or according to generally accepted standards.

11. Liability

Victorian Flowers shall under no circumstances whatsoever be liable for any direct or indirect damage, unless we explicitly accept liability in these terms. In the event of damage caused by willful misconduct, gross negligence/faults by Victorian Flowers the company shall be liable. The customer accepts that Victorian Flowers shall not be held liable to any claims by third parties. The liability of Victorian Flowers shall at any time be limited to the invoiced value to which the claim relates or the maximum value that Victorian Flowers might have charged the customer. Limitation of the liability as stated in this article also refers to employees and other persons used by Victorian Flowers to carry out the contract for sale.

Victorian Flowers is not liable for any damage when this is caused by a failure which was a consequence of force majeure. There is force majeure when the failure is the consequence of a circumstance which is not in the control of Victorian Flowers, by example: illness of employees of Victorian Flowers, failure of suppliers/carriers, measures of governments like transport, import or production restraining orders. None of the above mentioned circumstances is applicable in case of intentional acts or gross negligence of Victorian Flowers. Victorian Flowers is not liable for any damage which was reported after 7 workdays by writing after the damage was discovered.

Victorian Flowers is not liable for political disturbance, partial or whole strikes of especially postal services, failure of transport or communication services, floods or fire. Victorian Flowers is not liable when third parties do not fulfill their obligations or do not fulfill their obligations on time and because of this Victorian Flowers is not able to deliver or is not able to deliver on time.

Victorian Flowers is not liable for the consequences of wrong or incomplete information on her website. By using digital photography and showing pictures on screens little differences can occur. Victorian Flowers is not liable for this in any way.

Victorian Flowers is not liable for delivering partial or totally non-vegan products.

12. General

If Victorian Flowers has allowed deviations of these terms during a certain amount of time, be it in silence or not, the fact still remains that Victorian Flowers has the right to demand direct and strict observance of these terms.

You can never claim any right with regards to Victorian Flowers flexible use of these terms and conditions.

If any provision of these terms and conditions is held to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provisions in question shall not be affected thereby. Please contact Victorian Flowers with regards to any business not mentioned in these terms.

13. Intellectual and industrial proprietary rights

You shall respect all intellectual and industrial proprietary rights that exist on articles sold by Victorian Flowers, fully and unconditionally.  This website is protected by intellectual property rights and remains the exclusive property of Victorian Flowers.

The content of this website is protected by intellectual proprietary rights and remains property of Victorian Flowers. You can use one copy of the content for personal and non-commercial purposes in accordance to the legal provisions concerning intellectual property rights. Any other use or alteration of the content of this website without prior written permission of Victorian Flowers is forbidden.

14. Governing law

All rights, obligations, offers, orders, agreements and other stipulations in these terms and conditions are subject to Dutch law and shall be submitted to the exclusive jurisdiction of the courts of The Netherlands.