Flower Energy – General Terms and Conditions of Business
These business terms and conditions shall provide the basis for all deliveries and services of the Flower energy company initiated via online orders made on the Internet and specifically on the website Mamboya.com (also Mamboya.com and floweressences.de).
- Divergent and/or supplementary agreements shall require the express consent of Flower Energy in writing, whereby this shall also apply to any waiver of the written form.
- Flower Energy shall meet agreed or stipulated delivery times as punctually as possible. Should a delivery time be exceeded by more than six weeks, the customer may grant an extension of the delivery time with the proviso that should this new time be exceeded the customer may refuse the object purchased. This new extension must be at least one month. If no new delivery date can be agreed, the customer may by means of a written declaration withdraw from the contract once this period of grace has passed. Should the buyer demand compensation for damages due to non-fulfilment because of delay or the impossibility of delivery, such compensation shall be limited to a maximum of 5% of the purchase price in cases where negligence is slight and shall be limited to compensation for immediate damage, and most particularly not comprise compensation for lost profit or any other indirect damage. Any further claims of the buyer, in particular, regarding delivery, shall be excluded.
- Risk passes to the customer from the moment the goods have been handed over to the carrier company and have left the warehouse, whereby this provision shall also apply in cases where Flower Energy has assumed the shipping costs. Claims for damage during shipment must be directly against the shipping company within the time frame specified.
- In the case of shipments from the customer to Flower Energy, all risk, including transport risk, shall be borne by the customer until the goods have arrived at Flower Energy in Roggel, Netherlands.
- Invoices from Flower Energy are payable immediately and without any deduction. After a period of thirty days counting from the date of an invoice Flower Energy may without prior notice demand interest of 3% above the current Dutch base rate unless Flower Energy demands a higher rate or the buyer demonstrates a lesser liability. Cheques only are accepted for payment.
- All charges shall be borne by the customer. Offsetting is permissible only where a claim is undisputed or has been deemed by a court to be legally valid. A customer may exercise the right of retention only within the terms of the same contract.
- Complaints concerning the volume of a delivery, material defects, wrong deliveries, and discrepancies in quantity must, insofar as they can be ascertained through reasonable inspection, be made in writing without delay, but at the latest within one week from receipt of the goods. The warranty period of Flower Energy is six months from receipt of the goods. Where a complaint is justified, Flower Energy will, except where a claim has been disqualified, deliver the missing quantities or otherwise at its own discretion exchange the goods, take them back, or grant the buyer a discount.
- If, in the case of the exchange of the goods, the second replacement delivery is also defective, the buyer has the right to annulment or a reduction. However, it is generally not possible to exchange flower attar mixtures prepared individually for the customer.
- Essences are fragile, delicate vibrational remedies, the effect of which can be compromised by the user. As this cannot be 100% proven, exchange of attars is fundamentally excluded. This provision shall not apply to other products such as books, bloom charts, sound media, etc.
- Any further warranty is precluded. Flower Energy does not guarantee the efficacy of attars in any particular case. We hereby state expressly that flower attars are not drugs of which their efficacy has been proven. Their use and application is left to each individual and can in no case replace the consultation of a medical doctor in case of illness. A user is responsible for his or her own health.
- The purchased object shall remain the property of Flower Energy until claims by Flower Energy in accordance with the terms of the contract have been settled. Flower Energy shall also retain proprietary rights in subsequent claims accruing to Flower Energy in connection with the object of purchase, e.g., as a result of subsequent improvements as well as any other beneficial actions. During the period that proprietary rights are retained [by Flower Energy] , the buyer shall be entitled to hold the object of purchase in his or her possession and to use said object in accordance with the terms of the contract as long as he or she is entitled to possession of the object of purchase and uses it in accordance with the terms of the [conditional sale contract] as long as he fulfils his obligations in accordance with the retention of proprietary rights [by Flower Energy], or arising from the business relationship, within the time period specified.
- The customer agrees to provide Flower Energy with all information necessary to the pursuit of its rights under the terms of the conditional sale contract.
- The invalidity of any individual points in the General Terms and Conditions of Business shall have no effect on the validity of any other provision. Should any provision be invalid, a new provision which comes as close as possible in economic effect to the invalid provision shall be inserted in its place. The place of execution and court of jurisdiction for contracts concluded under these business terms and conditions shall be Roggel, Netherlands.