Terms and Conditions

Introduction

These Terms and Conditions ("Terms") govern your access to and use of the Viaflor website and webshop ("website" or "webshop") and related services provided by Viaflor. By accessing or using our website and services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you may not access or use our website, shop and services.

Viaflor ("we", "us", or "our") provides wholesale flower services through our webshop, allowing users to browse, purchase, and receive wholesale flowers and related products. These Terms apply to all users of the Viaflor website, including visitors, customers, and others who access or use our website and services.

Please read these Terms carefully before accessing or using our website and services. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you have any questions or concerns about these Terms, please contact us for clarification.

These Terms may be updated or amended from time to time without prior notice. Any changes to these Terms will be effective immediately upon posting on this page. It is your responsibility to review these Terms periodically for any updates or changes. Your continued use of our website and services after the posting of any changes constitutes acceptance of those changes.

Thank you for choosing Viaflor. We hope you enjoy your experience with us!

Acceptence to Terms

By accessing or using the Viaflor website and webshop ("website" or "webshop"), you agree to be bound by these Terms and Conditions ("Terms") and all applicable laws and regulations. If you do not agree with any part of these Terms, you may not access or use our website and webshop.

1. Agreement to Terms

   You acknowledge that these Terms constitute a legally binding agreement between you and Viaflor. You agree to comply with all provisions of these Terms when accessing or using our website and webshop.

2. Changes to Terms

   Viaflor reserves the right to update or amend these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting on this page. It is your responsibility to review these Terms periodically for any updates or changes.

3. Continued Use

   Your continued use of the Viaflor website and webshop after the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree with the updated Terms, you must discontinue your use of our website and webshop.

4. Electronic Communication

   By accessing or using the Viaflor website and webshop, you consent to receive communications from us electronically, including notices, updates, and other information. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. Authority

   If you are accessing or using the Viaflor website and webshop on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In such case, "you" and "your" will refer to both you and the entity you represent.

By accessing or using the Viaflor website and webshop, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you have any questions or concerns about these Terms, please contact us for clarification.

User Responsibilities

As a user of the Viaflor website and webshop ("website" or "webshop"), you agree to abide by the following responsibilities:

1. Compliance with Laws

   You agree to comply with all applicable laws, regulations, and ordinances when accessing or using the Viaflor website and webshop. This includes, but is not limited to, laws regarding intellectual property, privacy, data protection, and online conduct.

2. Lawful Use

   You agree to use the Viaflor website and webshop for lawful purposes only. You must not use the website or webshop for any unlawful or fraudulent activity, or to engage in any activity that violates the rights of others.

3. Account Security

   If you create an account on the Viaflor website or webshop, you are responsible for maintaining the security of your account and password. You must promptly notify Viaflor of any unauthorized use of your account or any other security breach.

4. Accurate Information

   You agree to provide accurate and complete information when creating an account or making a purchase on the Viaflor website or webshop. You must promptly update your account information if it changes.

5. Prohibited Activities

   You must not engage in any of the following activities when accessing or using the Viaflor website or webshop:

   • Attempting to gain unauthorized access to the website or webshop or any associated systems or networks.
   • Interfering with or disrupting the operation of the website or webshop or any servers or networks connected to the website or webshop.
   • Uploading or transmitting any viruses, malware, or other harmful code.
   • Violating the security or integrity of the website or webshop or any data transmitted through the website or webshop.

6. Respect for Others

   You agree to respect the rights and privacy of other users of the Viaflor website and webshop. You must not harass, intimidate, or impersonate other users, or engage in any behavior that is offensive or harmful to others.

7. Feedback and Suggestions

   We welcome your feedback and suggestions for improving the Viaflor website and webshop. However, you acknowledge and agree that any feedback or suggestions you provide may be used by Viaflor without restriction or compensation.

By accessing or using the Viaflor website and webshop, you acknowledge that you have read, understood, and agree to abide by these user responsibilities.

Intellectual Property

1. Ownership

   All content, trademarks, logos, and intellectual property rights on the Viaflor website and webshop are owned by Viaflor or its licensors.

2. Use of Content

   You may access and view the content for personal and non-commercial use only. Reproduction, modification, distribution, or republishing of any content is prohibited without prior written permission.

3. Trademarks

   Viaflor's trademarks, logos, and service marks are registered and unregistered trademarks of Viaflor. Unauthorized use is prohibited.

4. Copyright Infringement

   Report any copyright infringement by contacting us with relevant details.

5. Third-Party Content

   Viaflor does not endorse or control third-party content on the website or webshop.

Use of the Website or Service

1. Permitted Use

   You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Viaflor website and webshop ("website" or "webshop") for personal, non-commercial purposes only. You may not use the website or webshop for any unlawful purpose or in violation of these Terms and Conditions.

2. Prohibited Conduct

   When using the website or webshop, you agree not to:

   • Violate any applicable laws, regulations, or ordinances.
   • Interfere with or disrupt the operation of the website or webshop or any servers or networks connected to the website or webshop.
   • Attempt to gain unauthorized access to the website or webshop or any associated systems or networks.
   • Upload or transmit any viruses, malware, or other harmful code.
   • Use any automated means to access or use the website or webshop, including bots, spiders, or scrapers.
   • Engage in any activity that may damage, disable, overburden, or impair the functionality of the website or webshop.

3. Account Registration

   Some features of the website or webshop may require you to register for an account. You agree to provide accurate and complete information when creating an account and to update your account information promptly if it changes. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. User Content

   You may have the opportunity to submit or upload content to the website or webshop, such as reviews, comments, or product ratings ("User Content"). By submitting User Content, you grant Viaflor a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content in any existing or future media.

By accessing or using the Viaflor website and webshop, you acknowledge that you have read, understood, and agree to abide by these terms regarding the use of the website or service.

Registration and Accounts

1. Account Creation

   Certain features or services on the Viaflor website and webshop ("website" or "webshop") may require you to create an account. When registering for an account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form.

2. Account Security

   You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

   • Keep your account password secure and not share it with others.
   • Promptly notify Viaflor of any unauthorized use of your account or any other security breach.

3. Account Termination

   Viaflor reserves the right to suspend or terminate your account at any time for any reason, including if you violate these Terms and Conditions or engage in any fraudulent, abusive, or illegal activity.

4. Accuracy of Information

   You agree to promptly update your account information if it changes to ensure that it remains accurate, current, and complete. Viaflor is not responsible for any loss or damage arising from your failure to maintain accurate account information.

5. Account Transfer

   You may not transfer your account to another party without prior written consent from Viaflor. Any unauthorized transfer or assignment of your account is void and may result in the termination of your account.

6. Inactive Accounts

   Viaflor reserves the right to deactivate or delete inactive accounts that have not been accessed or used for an extended period of time, as determined by Viaflor in its sole discretion.

By registering for an account on the Viaflor website and webshop, you acknowledge that you have read, understood, and agree to abide by these terms regarding registration and accounts.

Payment and Billing

1. Payment Methods

   Viaflor accepts payment via various methods, including cash, credit cards, debit cards, and other electronic payment methods. Payment options may vary depending on your location and the currency in which you are transacting.

2. Billing Information

   When making a purchase on the Viaflor website or webshop ("website" or "webshop"), you agree to provide accurate and complete billing information, including your billing address and payment details. You authorize Viaflor to charge the designated payment method for the total amount of your purchase, including any applicable taxes and shipping fees.

3. Payment Authorization

   By providing your payment information, you authorize Viaflor to process and charge your payment for the amount of your purchase. You represent and warrant that you have the legal right to use any payment method provided and that the payment information you provide is accurate and complete.

4. Currency and Pricing

   All prices displayed on the Viaflor website or webshop are in the currency specified for your region and include applicable taxes, unless otherwise stated. Viaflor reserves the right to change pricing and availability of products at any time without prior notice.

5. Payment Processing

   Payments are processed securely through our third-party payment processors. Viaflor does not store or have access to your full payment details, such as credit card numbers, expiration dates, or security codes.

6. Payment Disputes

   If you believe that a payment has been processed in error or that you have been charged incorrectly, please contact Viaflor customer support for assistance. Viaflor will investigate any payment disputes and take appropriate action to resolve the issue.

7. Refunds and Returns

   Refunds and returns are subject to Viaflor's refund and return policy, which may vary depending on the type of product or service purchased. Please refer to our refund and return policy for more information on eligibility and procedures for refunds and returns.

8. Payment Security

   Viaflor takes the security of your payment information seriously and implements industry-standard security measures to protect your personal and financial information during payment processing. However, no method of transmission over the internet or electronic storage is completely secure, and Viaflor cannot guarantee the absolute security of your payment information.

By making a payment on the Viaflor webshop, you acknowledge that you have read, understood, and agree to abide by these terms regarding payment and billing.

Ordering and Purchasing

1. Product Selection

   Viaflor offers a variety of wholesale flower products available for purchase on our website and webshop ("website" or "webshop"). You may browse our catalog, view product details, and select the items you wish to purchase.

2. Adding to Cart

   When you add a product to your cart, you acknowledge your intention to purchase it. By adding an item to your cart, you agree to pay for it. In most cases, once added to the cart, products cannot be removed. However, there may be exceptions where certain products can still be removed from the cart.

3. Order Confirmation

   After completing your purchase, you will receive an order confirmation email with details of your order, including the items purchased, billing and shipping information, and order total. Please review your order confirmation carefully and contact us immediately if you notice any errors or discrepancies.

4. Shipping and Delivery

   Viaflor offers shipping services for delivering your purchased items to the specified shipping address. Shipping options and delivery times may vary depending on your location and the shipping method selected at checkout. Please refer to our shipping policy for more information on shipping rates, delivery times, and order tracking.

5. Returns and Refunds

   Viaflor's refunds and returns policy allows for refunds and returns under certain conditions. Please refer to our Refunds & Returns policy for more information on eligibility criteria, return procedures, and refund processing times.

6. Customer Support

   If you have any questions or concerns about the ordering and purchasing process, please contact Viaflor customer support for assistance. Our team is available to help you with any inquiries related to product selection, ordering, payment, shipping, or returns.

By adding items to your cart on the Viaflor webshop, you acknowledge that you have read, understood, and agree to abide by these terms regarding ordering and purchasing.

Limitation of Liability

1. Disclaimer of Warranties

   Viaflor strives to provide accurate and reliable information on our website and webshop ("website" or "webshop"). However, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the website or webshop for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

2. Limitation of Liability

   In no event will Viaflor be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the website or webshop. This includes, but is not limited to, any errors or omissions in the content, any unauthorized access to or use of our servers and/or any personal information stored therein, any interruption or cessation of transmission to or from the website or webshop, any bugs, viruses, trojan horses, or the like that may be transmitted to or through the website or webshop by any third party, and any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website or webshop, whether based on warranty, contract, tort, or any other legal theory, and whether or not Viaflor is advised of the possibility of such damages.

3. Indemnity

   You agree to indemnify and hold harmless Viaflor, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to your use of the website or webshop, your violation of these Terms and Conditions, or your violation of any rights of any other person or entity.

4. Jurisdictional Limitations

   Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law.

5. Severability

   If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

By using the Viaflor website or webshop, you acknowledge that you have read, understood, and agree to abide by these terms regarding the limitation of liability.

Indemnification

1. Indemnity Agreement

   By using the Viaflor website or webshop ("website" or "webshop"), you agree to indemnify and hold harmless Viaflor, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to your use of the website or webshop, your violation of these Terms and Conditions, or your violation of any rights of any other person or entity.

2. Scope of Indemnification

   This indemnification applies to any claims, demands, or actions brought by third parties against Viaflor arising out of or in connection with your use of the website or webshop. This includes, but is not limited to, claims for intellectual property infringement, violation of privacy rights, defamation, or any other legal claims or disputes.

3. Defense of Claims

   Viaflor reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Viaflor in asserting any available defenses. However, Viaflor shall have no obligation to indemnify or defend you in any matter not covered by this indemnification provision.

4. Notification of Claims

   You agree to promptly notify Viaflor of any claims, demands, or actions against you for which Viaflor is entitled to indemnification under these Terms and Conditions. Failure to provide timely notice may affect your ability to seek indemnification from Viaflor.

5. Limitation of Liability

   Please refer to the "Limitation of Liability" section for information on Viaflor's liability limitations and disclaimer of warranties.

By using the Viaflor website or webshop, you acknowledge that you have read, understood, and agree to abide by these terms regarding indemnification.

Dispute Resolution and Governing Law

1. Dispute Resolution

   Any dispute, controversy, or claim arising out of or relating to the use of the Viaflor website or webshop ("website" or "webshop"), including any disputes relating to the interpretation, breach, termination, or validity thereof, shall be resolved through negotiation and good-faith efforts to reach a mutually satisfactory resolution.

2. Mediation

   In the event that a dispute cannot be resolved through negotiation, both parties agree to attempt to resolve the dispute through mediation conducted by a neutral third party mutually agreed upon by the parties. The costs of mediation shall be shared equally by both parties.

3. Arbitration

   If mediation is unsuccessful in resolving the dispute, both parties agree to submit the dispute to binding arbitration conducted in accordance with the rules of the arbitration body agreed upon by the parties. The arbitration shall take place in the jurisdiction specified in the "Governing Law" section below.

4. Governing Law

   These Terms and Conditions, and any disputes arising out of or related to the use of the website or webshop, shall be governed by and construed in accordance with the laws of the Netherlands. Any legal action or proceeding arising under these Terms and Conditions shall be brought exclusively in the courts located in the Netherlands, and the parties hereby consent to the personal jurisdiction and venue of such courts.

5. Class Action Waiver

   You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You hereby waive any right to participate in any class action suits against Viaflor.

6. Waiver of Jury Trial

   To the fullest extent permitted by law, you waive your right to a jury trial in any legal proceeding arising out of or related to these Terms and Conditions or the use of the website or webshop.

By using the Viaflor website or webshop, you acknowledge that you have read, understood, and agree to abide by these terms regarding dispute resolution and governing law.

Changes to the Terms and Conditions

1. Modification of Terms

   Viaflor reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice. Any changes to the Terms and Conditions will be effective immediately upon posting on the website or webshop. By continuing to use the website or webshop after any such changes, you agree to be bound by the updated Terms and Conditions.

2. Notification of Changes

   Viaflor may notify users of significant changes to the Terms and Conditions through email, website notifications, or other means deemed appropriate by Viaflor. It is your responsibility to review the Terms and Conditions periodically to stay informed of any updates or changes.

3. Continued Use

   Your continued use of the Viaflor website or webshop following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. If you do not agree with any aspect of the updated Terms and Conditions, you should discontinue use of the website or webshop.

4. Severability

   If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

5. Class Action Waiver

   You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You hereby waive any right to participate in any class action suits against Viaflor.

6. Contact Information

   If you have any questions or concerns about changes to the Terms and Conditions, please contact us for clarification.

By using the Viaflor website or webshop, you acknowledge that you have read, understood, and agree to abide by these terms regarding changes to the Terms and Conditions.