Terms of Service
1. PURPOSE AND SCOPE
Florador is a company incorporated in Belgium as a SPRL (“Société Privée à Responsabilité Limitée”) with registered offices located at av G Crock 56, 1160 Brussels. These terms and conditions govern the relationship between Florador and buyers. He will not allow exceptions to these terms without the prior written consent of Florador.
2. OFFERS AND ORDERS
Tenders issued by Florador do not bind Florador. The contract concludes that from the moment Florador expressly accepts the buyer’s order, Florador reserves the right to refuse the order for a buyer, especially in the event that the buyer has not payed the bill on a previous order within the agreed time, or more generally, the solvency of the the buyer is suspect.
The prices quoted in the tender issued by Florador are based on current market prices, excluding VAT. Unless otherwise agreed, the import duties, other taxes, fees quality control and / or plant research, the cost of loading and unloading, packing, transport, insurance are included in the price. Florador reserves the right to change prices according to changes in market prices. If price changes after placing an order, Florador notes the price increase to the buyer. The latter has a period of 2 days to confirm or cancel the order. Prices are quoted in Euros, unless another currency is indicated on the invoice.
4. SHIPPING & SPEEDS
Delivery times are indicative only and therefore not binding to Florador. A delay in delivery shall not under any circumstances give rise to any compensation, damages or rescision of the contract or suspend the obligations of the buyer.
5. FORCE MAJEURE, ACT OF GOD AND UNFORESEEN EVENTS
Florador cannot be held contractually or non-contractually liable in the event of the temporary or definitive failure to fulfil its obligations where said failure to fulfil is caused by a case of force majeure or Act of God. The following events will specifically be considered as cases of force majeure or Act of God: riot; war; strike; natural disaster; epidemic; road-related problems; measures taken by the authorities; and, more generally, all cases outside the reasonable control of Florador.
If, due to circumstances beyond the control of Florador, the fulfilment of its obligations cannot continue, or is simply made more onerous or difficult, Florador and the buyer undertake to negotiate in good faith and loyally to adjust the contractual conditions accordingly within reasonable terms, with a view to restoring the balance. Failure to reach any such agreement within reasonable terms will mean that either Party may terminate the Contract, with no damages or indemnity of any type being due.
The products supplied by Florador meet the quality standards for floricultural products. If specific phytosanitary requirements, the buyer must notify Florador when ordering. The packaging is made in accordance with the usages of the trade of flowers and plants.
Unless otherwise agreed, transport costs will be at the expense of Florador. The buyer shall only incur the risks connected with transport. Under no circumstances may Florador be held liable for damages occurring during transport, even if organised by it on behalf of the buyer.
In case of error in delivery, defects in the products delivered, or claims relating to billing, claims must be made from the findings of fault / error and up to two days after delivery of products or receipt of the disputed invoice. Complaints may be made by fax, email or telephone. If the claim is made by telephone, it must be confirmed in writing within 8 days after delivery of the products. The buyer should also report these defects on the transport documents. The end of these periods leads tacit acceptance by the purchaser of the goods delivered, and therefore do not challenge the bill. Claims must be clear and precise and Florador reserves the right to investigate their veracity and / or recover the products delivered. These products must be recovered in their original packaging. Pursuant to Article 8 of these terms, the buyer bears all risks associated with the transport and the resulting damage can not therefore be the subject of complaints to Florador. Claims relating to a part of the delivery shall not entail the rejection of the entire shipment.
Florador shall only be liable for negligence or gross misconduct on its part or that of its representatives or agents. Florador shall not be held liable for any indirect damages caused to goods delivered or services provided, loss of use, loss of profit, loss of production, loss of customers or other.
Unless otherwise stated, the products delivered by Florador are only for decoration purposes and can not be consumed. Florador is not responsible for any damage due to misuse of these products.
Florador shall not be held liable under any circumstances for any problems arising as a consequence of the growth or flowering of the products delivered or any allergic reaction to such products.
In any case, Florador can only be held liable up to the value of the invoice issued for the products it has delivered and which have given rise to its liability.
10. INVOICING AND PAYMENTS
The products supplied are charged at the discretion of Florador: At net cash on delivery or by bank transfer to a bank or giro account designated by Florador within 8 days of the invoice date, unless otherwise agreed. The buyer may defer payment of the invoice, or reduce the amount due to complaints about the products delivered. Receipt of invoice shall constitute full legal demand merely by expiry of the terms. Any invoice that is unpaid at its due date will therefore accrue monthly interest at the rate of 1.5% until the date on which it is paid in full, in addition to a penalty clause agreed as 15% of the invoice, with a minimum charge of € 75, and without prejudice to the right of Florador to claim additional indemnities.
11. RETENTION OF TITLE
Products delivered remain the property of Florador until full payment of bills, in principal, interest and costs. If the buyer has resold the goods delivered before the full payment of invoices relating to these products, the credit arising from such resale is automatically transferred to Florador.
The possible invalidity of any provision of these Terms shall not affect the validity of the remaining provisions. Any clause shall be interpreted, where appropriate, for Florador. The contract, its negotiation, its effects and consequences will be subject to Belgian law and any disputes relating thereto shall be within the exclusive juridiction of the courts of the judicial district of Brussels, acting in French.