Last update: June 2025

General conditions

Introduction

This website is compiled with the utmost care to ensure the accuracy and topicality of the information. Nevertheless, no rights can be derived from any inaccuracies or errors in the information provided. Bloemenband® cannot be held liable for damages resulting from the use of the information on this website. We advise users to always contact us directly for verification of information when in doubt.

1. General & definitions.

Bloemenband: Bloemen band® is a partnership firm, based in Amsterdam and registered with the Chamber of Commerce under number 87301733.
Bloemenband®: Bloemenband® is also a registered trademark registered under number 88671-01. with the Benelux Office for Intellectual Property (BOIP). Also, all designs are registered at De Merkplaats.
General Terms and Conditions: Everything in these provisions is subject to these general terms and conditions. Bloemenband is a user of these general terms and conditions.
The terms “her” and “they” refer to Bloemenband.
Parties: Both Parties, meaning both Bloemenband and also the Customer.
Quotation: the written offer by Bloemenband® regarding, inter alia, services, products, price, etc. All Bloemenband®’s quotations are valid for the period specified in the quotation. If no term is specified, the quotation is valid up to and including 14 days after the quotation is sent. If Customer does not accept the quotation within the applicable time period, the quotation shall expire.
Services/Products: this shall mean all services and/or products that Bloemenband® performs or makes for the Customer. This includes, but is not limited to: the production and sale of Bloemenband® funeral products.
Order: the agreement relating to the product or service as agreed upon between Bloemenband and Customer. It also includes additional and follow-up orders.
Customer: Customer, not distinguishing between a natural person (individual) or legal entity (company).
Agreement: An agreement is established by the offer and its acceptance. In other words: Bloemenband makes Customer an offer and Customer accepts it.
Supplier: company from which Bloemenband purchases materials and the like.
In writing: where these terms and conditions refer to ‘in writing’, they also mean electronic communication, such as email, Whatsapp and social media or other type of e-communication.
Website: www.bloemenband.nl
If the general terms and conditions are deviated from, the deviations must be in writing and expressly agreed upon. In principle, therefore, there is no deviation from these general terms and conditions. Even if one or more provisions of these terms and conditions are void, become void or are voidable, the remaining provisions of these terms and conditions shall remain fully applicable.
Both parties are obliged to keep confidential information confidential. Confidential information shall in any case mean the information designated as confidential by either party and information which by its nature shows that it is logically confidential. Bloemenband® is exempted from this duty of confidentiality if it has a duty to provide information pursuant to statutory regulations.
Bloemenband may engage third parties for the execution of an order, whereby due care shall be exercised and paragraph 13 written above shall also apply. The effect of Sections 7:404, 7:407 (2) and 7:409 of the Dutch Civil Code is expressly excluded.
Bloemenband uses, among other things, an Internet connection to communicate with the Customer. Should third parties become aware of the contents of this information as a result of this method of communication, for example, through a hack or virus, Bloemenband® shall never be liable for damage that has occurred as a result of using this method of communication.

2. Quote

Bloemenband’s offer contains a clear and complete description of the services and products offered. The offer also states the amount Customer owes Bloemenband upon acceptance of the offer.
Bloemenband has the right to refuse an order without giving reasons.
Quotes do not apply to follow-up orders or reorders, unless otherwise agreed upon.
Bloemenband® is not bound to any offer in a quotation if the Customer can reasonably understand that the offer is based on a mistake. Think for example (but not exclusively) of a writing error, mistake or calculation error.
If the offer is based on information provided by the Customer that turns out to be incorrect or incomplete, Bloemenband® shall be entitled to adjust the quotation, delivery dates and/or rates stated in the offer.

3. Assignment/Agreement

A contract is created by the offer and its acceptance. In other words: Bloemenband makes Customer an offer and Customer accepts it. Acceptance may be made in writing or orally.
Bloemenband® shall confirm the contract in writing, if it is concluded orally.
Bloemenband® assumes a best-efforts obligation with the contract. This means that it makes every effort to the best of its ability to achieve a good result, but does not enter into an obligation to achieve a result. In other words, there is no guarantee of results and Bloemenband® can never be held liable for results that are not achieved.
If multiple Customers enter into a joint agreement with Bloemenband, each of the Customers shall be jointly and severally liable for the fulfillment of the obligations under this agreement.

4. Execution of the Assignment

Bloemenband has the right to reschedule an appointment because it cannot properly fulfill the contract or if there is force majeure. Think explicitly of illness, disability and/or deaths within the circle of family and friends. If the provision of services and/or delivery of products is delayed as a result, Bloemenband will let Customer know as soon as possible. Bloemenband shall not be liable for any damage suffered by Customer as a result.
Customer is responsible for supplying the correct information and data that Bloemenband® needs to properly fulfill the order.
The Customer shall also provide the (correct) information to Bloemenband® in a timely manner. By “timely” is meant a period of up to 5 business days from the request for information made by Bloemenband®.
If the Customer fails to provide the required information in a timely manner (as described above in paragraph 3 of this article), the Bloemenband shall be entitled to suspend execution of the order until such time as the Customer has complied with the obligations of the paragraph described above. Any additional costs and/or work resulting from this shall be charged to the Customer.
If Customer has made a down payment or full payment, Customer shall also fulfill the obligations of paragraphs 2, 3 and 4 of this article. If Customer fails to do so, Bloemenband® may suspend the agreement or terminate it immediately by the expiration of the aforesaid term. Bloemenband®’s obligations under the agreement shall then immediately lapse. There shall be no refund of any amount already paid.
Bloemenband® works for the job both online, and on location. The latter is done based on availability and in consultation with Client
Bloemenband®, with due regard for the interests of Customer, has the option to use the results resulting from the agreed order for its own advertising on its website and/or social media and the like.

(Op)Delivery

The delivery time to be used by Bloemenband varies per order and will be determined by you in consultation. Bloemenband® is dependent on external shipping parties, such as PostNL, and therefore cannot guarantee the exact delivery date. If Customer wishes certainty, Bloemenband offers the possibility to pick up the band in person at the studio by appointment.
Bloemenband shall agree with the Customer a reasonable period within which services and products shall be delivered. Bloemenband® shall do its best to meet the agreed delivery periods. The Customer does not derive any rights from this agreed term. In other words, if fulfillment within this period fails for any reason, the Customer is not entitled to compensation.
If the delivery period is exceeded by more than 60 days, the Customer may only dissolve the contract if the Customer has given Bloemenband notice of default and it has imputably failed to fulfill the contract.
Bloemenband®’s obligation to deliver is fulfilled when it presents the delivered goods to the Customer. From this time (time of delivery), the service/product delivered is the responsibility of the Customer and is for the Customer’s account and risk. Acceptance (on behalf of or by the Customer) of Bloemenband’s products or designs is proof that everything has been received in good condition, unless any damage is expressly noted on the receipt.
In the event that the design or product fails or deteriorates in quality due to a cause not attributable to Bloemenband®, Customer’s payment obligation shall remain.
Bloemenband® shall not be liable for defects at the time of delivery/delivery that the Customer should reasonably have discovered, barring intent or deliberate recklessness on the part of Bloemenband®.

6. Transport

Bloemenband® is responsible for ensuring that the products to be delivered are properly packed and secured so that they reach their destination in good condition under normal use.
Delivery will be made to the address provided by Customer, unless otherwise agreed.
If Customer refuses delivery and/or acceptance of the products and services or fails to provide information or instructions necessary for proper delivery, Bloemenband® shall be entitled to store the products elsewhere at Customer’s expense and risk.
If the products are delivered by an external carrier of Bloemenband®, Bloemenbanden shall be entitled, unless otherwise agreed in writing, to charge Customer for transport costs, for example.

7. Termination or dissolution of the agreement

If the Customer wishes to cancel the contract or order, the Customer – if the Customer is a consumer – may revoke the purchase of the service within a 14-day cooling-off period, without having to give reasons (Article 6:230o of the Dutch Civil Code). Bloemenband® may ask for the reason, but Customer is not obliged to answer. Send a timely email to office@bloemenband.nl and it will undo the purchase. Customer will then receive a refund of monies paid.
The cooling-off period starts on the day Customer received the product. If Customer has ordered multiple products in one order, the reflection period starts when Customer has received the last product.
If the Customer makes use of the right of withdrawal, the Customer shall notify Bloemenband® by means of the completed model dissolution form or by e-mail. Bloemenband® will then send Customer a confirmation of receipt.
Bloemenband® will refund, within 14 days from the day Customer notifies the revocation, all payments (including delivery costs) made by Customer.
Bloemenband shall use the same means of payment used by the Customer for the payments referred to in the preceding paragraph 4, unless the Customer has expressly agreed to a different means of payment and the Customer incurs no costs as a result.
Bloemenband shall not be obliged to pay any additional costs in the event of a refund as referred to in the preceding paragraph 4 if the Customer has expressly opted for another method of refund and/or standard delivery offered by Bloemenband®.
Customer returns the product(s) as soon as possible, in any case within 14 days from the day following the withdrawal.
Customer must pay the return costs himself in the case of withdrawal.
Customer shall return the product with all delivered accessories, if possible in the original condition and packaging and in accordance with the clear and reasonable instructions provided by Bloemenband®.
The risk and burden of proof for correct and timely exercise of the right of withdrawal lies with Customer.
Customer’s obligation during the cooling-off period is that Customer handles the product carefully: Customer only unwraps the product in such a way as is necessary to establish its nature, characteristics and operation. Does Customer go further than mentioned in the previous sentence? Then Customer is liable for depreciation of the product.
The right of withdrawal does not apply:
a) for companies/legal entities;
b) if Bloemenband has already started to execute the order and has the Customer’s express prior consent, whereby the Customer also waives the right of withdrawal once Bloemenband has fulfilled the agreement.
c) for products that are made specifically according to the Customer’s instructions (customized products). Customization results from personal contact between the Customer and Bloemenband®.
If:
– Customer or Customer’s company goes bankrupt;
– Customer applies for a moratorium on payments;
– any or all of Customer’s assets are seized;
– Circumstances lead to a suspicion that Customer will not be able to meet its payment obligation, including failure to pay previously sent invoices;
– Customer acts contrary to morality, public order or any of the obligations under the contract;
– Customer has not responded to requests for communication from Bloemenband® for 21 days, counted from the time it requests additional information. Bloemenband tries to contact the Customer through various means of communication (email, telephone), but the responsibility for checking the spam folder lies with the Customer;
– Customer dies;
then Bloemenband may suspend the contract or terminate it immediately in writing without notice of default or judicial intervention. There shall be no refund of any amount already paid and Bloemenband® shall not be liable for any compensation.
If the Agreement is rescinded, the claims of Bloemenband against Customer shall be immediately due and payable.
Bloemenband retains the right to claim damages after termination or dissolution of the contract.
If the contract ends because of a force majeure situation, Bloemenband may charge the Customer for the hours already worked and/or costs incurred. The concept of force majeure is explained in Article 6:75 of the Dutch Civil Code. What is explained in this article about force majeure is extended more broadly in these general conditions. This also includes illness, a pandemic or government measures as a force majeure situation.

8. Payment and obligation to pay

Work may be charged at any time.
All Bloemenband® prices for consumers include VAT. For businesses, Bloemenband applies prices excluding VAT.
Is there urgency behind an order? Then a surcharge may apply. This will be included in the quotation.
Bloemenband may require an additional advance or full prepayment for the amount due. This advance or full prepayment must be paid as soon as possible. The Bloemenband shall not be obliged to commence performance of the contract as long as the advance payment has not been received. If payment is not received for more than 30 calendar days, the Bloemenband may terminate the agreement with immediate effect, without owing the Customer any compensation or damages.
Modification of the agreement voids price agreements made. Suppose, Customer asks Bloemenband to fulfill services outside the agreement, this is considered additional work. These additional work costs will be charged to Customer. The Customer will be informed of the amount.
Bloemenband® has the right to adjust its rates when changed circumstances demand it.
Bloemenband® shall be entitled to set off any amount paid or to be paid by Customer against any compensation due from Customer.
Unless otherwise agreed, the payment period is 14 days.
If Customer does not pay on time, Customer will be given an additional 7 days. If the Customer still fails to pay, the Customer will be in default. Bloemenband® shall then be entitled to charge statutory interest on top of the amount due and collection costs. This will be calculated according to the (graduated) collection rate recommended by the Netherlands Bar Association. If additional costs are incurred for, for example, a lawyer or court proceedings, these costs will also be recovered from the Customer.
In deviation from the aforementioned paragraph (article 8 paragraph 8), the collection costs for consumers in accordance with the graduated scale BIK amount to the following:
a) over the first €2.500,- 15% with a minimum of €40,- with a maximum of €375,-
b) over the next €2.500,- 10%
c) over the next €5.000,- 5%
d) over the next €190.000,- 1%
e) over the more

9. Retention of title

All products and services provided by Bloemenband® shall remain the property of Bloemenband until all amounts due from Customer to Bloemenband® have been paid in full.
Customer is not authorized to pledge or in any other way encumber the products and services subject to retention of title if ownership has not yet fully passed to Customer.
If any third parties seize the products delivered under retention of title or wish to establish or assert rights to them, the Customer is obliged to notify Bloemenband® as soon as possible or as may reasonably be expected.
In the event that Bloemenband® wishes to exercise its property rights (as described in this article), the Customer grants unconditional and irrevocable permission and authorization to Bloemenband® or third parties to be designated by it to enter all those places where Bloemenband®’s property is located and to repossess those goods.
Bloemenband® shall be entitled to retain the product(s) purchased by the Customer, if the Customer has not yet fulfilled (in full) its payment obligation, despite an obligation to transfer or deliver from Bloemenband®. After the Customer has still fulfilled its obligations, Bloemenband® shall make every effort to deliver the purchased products to the Customer as soon as possible, but no later than 20 working days.
Customer is responsible for proper use of the products held by Customer. Bloemenband may provide instructions for this purpose.
If the product suffers damage due to misuse by Customer (or by anyone for whom Customer is responsible to compensate for damage), Customer is obligated to compensate Bloemenband.
If there is loss or theft of the product(s), Customer is also required to reimburse the purchase value of the product(s) to Bloemenband®. Any import costs will also be recovered from Customer.

10. Compliance

Bloemenband® warrants that the Products comply with the Contract, the specifications stated in the quotation, and their usability and quality.
Bloemenband®’s warranty does not apply if the defect or fault or damage results from improper use or from matters other than material and/or manufacturing defects.

11. Return and withdrawal provisions.

For the right of withdrawal for consumers, see Article 7 paragraph 1 et seq. of these terms and conditions.
If Customer wishes to return (defective) Products, it may only do so with Bloemenband®’s prior written consent in the manner indicated by Bloemenband®.
It is up to Bloemenband whether a Product can be returned.
Custom-made Products are excluded from the right of withdrawal.
Bloemenband® is entitled to initiate an investigation into the authenticity and condition of the returned products before a refund will be made.
Refunds to Customer will be processed as soon as possible, but refunds may take up to 14 days after receipt of a declaration of dissolution from Customer. Refunds will be made to the account number previously provided.

12. Resale and pricing

This article applies to businesses only.
Companies are permitted to resell products supplied by Bloemenband® only with the prior written consent of Bloemenband.
In case of resale, Customer is obliged to mention Bloemenband by name as the brand and manufacturer of the product. This applies to both online and offline sales, unless otherwise agreed in writing.
In case of resale, the selling price shall not be lower than the recommended retail price set by Bloemenband®. These prices shall be set by Bloemenband® and communicated periodically by means of a price list.
No discounts or price adjustments resulting in a lower sales price than determined by Bloemenband are permitted, unless otherwise agreed in writing.
Customer does not enter into any agreements with third parties on behalf of Bloemenband.

(Intellectual) property and penalty clause 13.

All intellectual property rights arising out of or resulting from the agreement rest with Bloemenband.
The Customer may not copy, exploit, disclose or make available/sell to third parties any services or products made by Bloemenband®, (including but not limited to) ideas, models, manuals, instructions, presentations, concepts and texts, unless prior and express (written) permission has been given by Bloemenband®. In the latter case, Bloemenband® may demand compensation for this.
All works as, but not exclusively, seen on Bloemenband’s website (digital) services and products are subject to intellectual property rights, such as copyright. Bloemenband/H.o. Passen en Meten is the copyright owner.
All works of intellectual property displayed on or through the website, such as texts, images and videos, may not be reproduced or disclosed or otherwise distributed to third parties without the prior permission of Bloemenband.
If Customer acts in violation of this article then, in addition to damages, Customer shall owe an immediately payable penalty of €15,000 (fifteen thousand euros) and €1,000 (one thousand euros) for each day that this violation continues with a maximum of €150,000 (one hundred and fifty thousand euros).

14. Liability, lapse clause and force majeure

The customer is (and remains) always responsible for carrying out or applying any advice and/or knowledge provided by Bloemenband® during the execution of the order.
Any demonstrable and attributable liability of the Bloemenband shall be limited to compensation for direct damage up to the amount to which the liability insurance pays out. If the liability insurance does not pay out, the Bloemenband’s liability shall be limited to the maximum agreed amount for which the agreement has been concluded, as stated in the quotation or invoice.
Bloemenband® shall not be liable for any damages resulting from the work or performance of the order unless there is a statutory or contractual culpable failure, intent or gross negligence.
Bloemenband® is not liable for errors (including price overruns) or defects in suppliers’ quotations.
Bloemenband® must, in the event of an attributable failure, first be given notice of default in writing with a reasonable term within which to still fulfill its obligations or rectify any errors. Only if Bloemenband fails to fulfill its obligations or rectify any error(s) after such written notice of default shall the Customer be entitled to compensation. The requirement for written notice of default does not apply if performance has proved impossible or the error(s) cannot be rectified.
If the Customer has not complied with the obligation imposed on the Customer in Article 4, paragraphs 2, 3 and 4, and the Customer has, for example, provided incorrect data or data too late, the Bloemenband is not liable for the consequences of this.
Bloemenband® shall never be liable for consequential loss, loss of profit, trading loss, damage due to business interruption and damage due to missed savings.
Bloemenband is never liable or responsible for matters beyond its control.
Bloemenband® shall not be liable for damage resulting from any shortcomings or performance by third parties. The operation of Article 6:76 of the Dutch Civil Code is hereby expressly excluded.
Customer shall indemnify Bloemenband against all claims of third parties, including the costs of legal assistance, who in any way suffer damage as a result of performance of the contract, barring intent or gross negligence on the part of Bloemenband®.
Customer’s right to compensation expires one year after Customer became or should have become aware of the event from which the damage (apparently) directly resulted.
In the event of force majeure, Bloemenbanden shall be entitled to suspend performance of the agreement for the duration of the force majeure, or to dissolve the agreement in whole or in part, without notice of default or judicial intervention being required. There shall be no refund of any amounts already paid and Bloemenband® shall not be liable for any compensation.
The term “force majeure” is explained in Article 6:75 of the Dutch Civil Code. The effect of this article is drawn somewhat broader in these general terms and conditions: lack of personnel due to illness, a pandemic/epidemic, transport disruptions and other disruptions in Bloemenband’s or one of its partners’ business are also covered by force majeure.

15. Other

The applicability of any general terms and conditions used by Customer is expressly rejected.
If Customer has a complaint about the service or product delivered, Customer must submit it in writing to Bloemenband® within five (5) business days after the delivery of the service or product. Filing a complaint does not suspend the Customer’s payment obligation. Exceeding the aforementioned period of five (5) working days means that the complaint submitted by Customer will no longer be considered.
All offers, quotations, agreements between the Customer and Bloemenband® and these General Conditions shall be governed by Dutch law. Disputes arising from the legal relationship between the Customer and Bloemenband shall be submitted (as a last resort) to the competent court of the district in which Bloemenband® has its registered office.
These general terms and conditions shall also apply to (but not limited to) additional and follow-up orders, to quotations, orders, services rendered, agreements and other work provided or performed by Bloemenband® on its behalf.
If Bloemenband® deviates from these General Terms and Conditions in favor of the Customer, the Customer derives no rights therefrom.
Bloemenband® may amend and/or supplement these General Terms and Conditions. If this is the case and the change applies to Customer, Customer will be notified in writing.
If any provision of these general conditions conflicts with a provision of a specific assignment, the provision of the specific assignment will prevail, unless you agree otherwise.
These general terms and conditions remain valid even after termination of the assignment.
Questions about these terms and conditions? If so, please email office@bloemenband.nl.