Terms and Conditions
Introduction
Flowercouncil.com offers an online platform on which it provides information and various online services for those selling flowers and plants and related companies. This document sets forth the terms and conditions applicable to use of the Website and the platform. These Terms and Conditions of Use shall apply at all times to use of the Website and the information and services provided on it. Please therefore read the Terms and Conditions below carefully. You should also save or print out the Terms and Conditions.
Article 1. Definitions
1.1 Flowercouncil.com: Stichting Bloemenbureau Holland (Flower Council of Holland), having its registered office in Schiphol-Rijk, the Netherlands, and listed in the Chamber of Commerce under registration number 41151992, doing business under the name ‘Flowercouncil.com’.
1.2 Website: Flowercouncil.com’s website, which can be visited through www.flowercouncil.com, and all accompanying sub-domains.
1.3 Visitor: a natural person or legal entity that visits or has visited the Website at any time.
1.4 Member: A Visitor that, in accordance with Article 4, has registered on the Website.
1.5 Sales Outlet: a legal entity or natural person practising a profession or operating a business whose primary activity or one of whose major ancillary activities is selling flowers and/or plants.
1.6 Account: the interactive space on the Website that is furnished to a Member and which is accessible after the Login Details have been entered.
1.7 Login Details: the username and password through which the Member can identify itself on the Website.
1.8 Agreement: the agreement existing between Flowercouncil.com and the User regarding use of the Website.
1.9 Terms and Conditions: these Terms and Conditions of Use.
Article 2. Applicability
2.1 These Terms and Conditions shall apply to and constitute part of every Agreement between the Visitor/Member and Flowercouncil.com.
2.2 The Terms and Conditions shall also apply to any use of the Website.
2.3 Any terms and conditions or exceptions to these Terms and Conditions put forward by the Visitor/Member shall not be part of the Agreement, unless Flowercouncil.com has expressly agreed to this in writing.
Article 3. The Website’s content
3.1 The Website and information, materials and services provided on it have been created with the utmost care. The Website and the services, materials and information on it are being provided, however, without any type of guarantee or claim of accuracy. No rights whatsoever may be derived from the Website’s content.
3.2 Flowercouncil.com may modify or remove the Website’s content at any time, without being obliged to announce this. Flowercouncil.com shall never be liable for any damage arising because the Website’s content has been removed or modified.
Article 4. Registration
4.1 To use the Website optimally, a Visitor must register on the Website. The Visitor may register through the designated registration form on the Website. Registration shall not be complete until the Visitor has confirmed the registration by clicking on the hyperlink that Flowercouncil.com has furnished it by e-mail.
4.2 After registration, a Member shall have the opportunity to utilise the various services provided on the Website, the Member shall obtain a profile on the Website and the Member may post responses on the Website.
4.3 Registration shall be free of charge. Flowercouncil.com reserves the right, however, to also offer paid membership with additional functionalities.
4.4 The Visitor must complete the registration form truthfully. By registering, the Visitor shall be declaring that it has done this as well. It shall also be declaring that it is entitled to use the Website and to act in accordance with the Terms and Conditions.
4.5 Membership – and, hence, registration, too – shall only be open to Visitors that are natural persons or legal entities that are authorised by Stichting Bloemenbureau Holland and/or considered Sales Outlets.
4.6 A Visitor may only create and administer one Account.
4.7 If the Visitor/Member acts contrary to the Terms and Conditions – and, in particular, the obligations and/or prohibitions referred to in paragraphs 3 through 6 of this Article –, Flowercouncil.com shall be entitled to delete the Member’s account immediately.
4.8 Flowercouncil.com may always, without stating reasons, refuse to register a Visitor.
4.9 During the registration procedure, the Visitor shall select a username and password through which it can login to the Website after registration. The Visitor itself shall be responsible for selecting a sufficiently secure password. The Member must keep its Login Details as secret as possible. Flowercouncil.com shall be entitled to assume that, if an Account is logged in to on the Website, this action is occurring by, or with the permission of, the Member that registered.
4.10 The Member understands that it shall be liable for the use and any misuse of its Login Details. If the Member gives its Login Details to third parties, it shall be entirely responsible for any consequences thereof. If, for whatever reason, Flowercouncil.com suffers damage as a result of the Member’s furnishing its Login Details to third parties, the Member shall be fully liable for this.
4.11 If the Member knows or suspects that unauthorised persons have obtained its Login Details, it must change its password as soon as possible and/or inform Flowercouncil.comof this, so that Flowercouncil.com can take appropriate measures.
Article 5. Member obligations
5.1 The Member must ensure at all times that the information included in its Account is up-to-date and correct. If the Member’s company information changes, it must adjust the information in its Account. If the Member does not wish to transmit its new company information to Flowercouncil.com, it must delete its Account.
5.2 If the Member has ceased to exist or no longer fulfils the conditions referred to in Article 4.5 of the Terms and Conditions, the Member must delete its account as soon as possible.
Article 6. Company information and personal data
6.1 The company information furnished by the Member upon registration – specifically, the business name and contact information - shall be included after registration in the ‘Store Locators’ on various other Bloemenbureau Holland websites (hereinafter: ‘the Store Locators’), as clearly indicated during the registration process. By registering, the Member is consenting to its information being included in the Store Locators. The Member must bear in mind that, if the company information filled in by it also contains personal data, it shall also be giving permission to publish these in the Store Locators.
6.2 If there are compelling commercial interests on the Member’s part for not including the Member’s company information in the Store Locators, the Member may ask Flowercouncil.com not to post the aforementioned information or – if the information has already been posted – to remove the information from these websites. If the company information contains personal details, the Member may always ask Flowercouncil.com to remove these personal details.
6.3 If, in accordance with Article 12 of the Terms and Conditions, the Member removes its Account, the company information shall no longer be visible in the Store Locators referred to in paragraph 1 of this Article. The information shall be removed once it is no longer necessary for Flowercouncil.com.
Article 7. Use of the Website/Code of conduct
7.1 After registration, the Member may publish texts and pictures on the Website and post messages for other Members (hereinafter: ‘the Content’).
7.2 The Member must refrain from improper use of the Website and must behave in accordance with what Flowercouncil.com may expect of a prudent Member. This shall in any event include, but expressly not be limited to, the Member’s:
not performing any acts contravening the law or regulations, common decency, the public order and/or the intellectual property or other rights of third parties;
complying with all rules and instructions by Flowercouncil.com stated on the Website or directed to it, including instructions by Flowercouncil.com’s employees;
not posting any Content which contains malicious content (such as viruses or spyware) or hyperlinks to external sites with malicious content;
not including any Content the content of which is libellous, defamatory, threatening, offensive, pornographic, discriminatory or hateful;
not disseminating any spam or other undesirable messages to other Members or Visitors through instant messaging, e-mail or the profiles available on the Website or in any other manner;
not posting any Content which violates others’ privacy;
not posting any Content which infringes the intellectual property or other rights of third parties, including posting texts, pictures or hyperlinks to texts or pictures without permission from the parties holding the rights to these.
7.3 If the Member violates the provisions in paragraph 2 of this Article in whole or in part, the Member shall, without further warning or notice of default and without court intervention being necessary, forfeit an immediately due and payable penalty of EUR 500 per incident, without prejudice to Flowercouncil.com’s right to seek full compensation.
7.4 The Member shall indemnify Flowercouncil.com against any third-party claims based on or related to the assertion that the Member’s Content is wrongful or otherwise contrary to the law or regulations.
7.5 If Flowercouncil.com has a reasonable suspicion or determines that the Member’s Content is contrary to the law or one of the prohibitions mentioned in this Article, Flowercouncil.com may immediately remove the Content or block access to it. Flowercouncil.com need not consult with the Member about this. Flowercouncil.com shall not be liable for any damage ensuing from such actions.
7.6 Flowercouncil.com shall not be obliged to check, adapt or monitor Content. Flowercouncil.com shall not accept any liability for damage ensuing from Members’ Content.
Article 8. Complaints procedure
8.1 Any party may inform Flowercouncil.com of Content that is wrongful towards it.
8.2 Flowercouncil.com shall apply a complaints procedure by which third parties may file a complaint regarding such Content. Complaints may be transmitted through the contact information at the bottom of the Terms and Conditions or through the ‘report misuse’ button.
8.3 If a complaint is legitimate in Flowercouncil.com’s judgment, Flowercouncil.com may remove the Content or make it inaccessible. In that instance, Flowercouncil.com may also furnish the Member’s personal details/company information to the reporting party or to the competent authorities. Flowercouncil.com shall inform the Member about the progress of this procedure.
8.4 If there are repeated complaints or repeated violations of the Terms and Conditions, Flowercouncil.com may deny the Member access to the Website.
8.5 Flowercouncil.comshall not be liable for any damage whatsoever which the Member suffers as a result of Flowercouncil.com’s intervention in connection with this complaints procedure, not even if the complaint turns out to be unjustified and the Content does not violate these Terms and Conditions and/or Dutch law.
Article 9. Website availability
9.1 Flowercouncil.com shall do its best to maintain the availability of the Website. It does not, however, guarantee that the Website will be available at all times, without disruptions and/or interruptions. Flowercouncil.com shall therefore never be liable for the Website’s being unavailable.
9.2 Flowercouncil.com may at any time temporarily take the Website or portions thereof out of operation for maintenance of, or adjustments or improvements to, the Website, the related software or other facilities. Flowercouncil.com shall inform Members and Visitors of scheduled non-operation as much as possible. Flowercouncil.com shall never, however, be liable for any damage arising because of or in relation to such non-operation.
9.3 Flowercouncil.com shall always be entitled to adjust the Website and software used for it from time to time to improve the functionality and correct flaws. If an adjustment results in a substantial change in the Website’s functionality, Flowercouncil.com shall try to apprise the Members.
9.4 Flowercouncil.com shall never be obliged, however, to compensate any damage caused by adjustment of the Website.
Article 10. Liability
10.1 Flowercouncil.com shall only be liable for damage caused by deliberate acts/omissions or wilful recklessness by Flowercouncil.com. Flowercouncil.com shall not be liable for any other damage, of whatever nature, suffered by a Member or Visitor.
10.2 In particular, Flowercouncil.co.uk shall never be liable for any damage suffered by a Member/Visitor or by third parties, including consequential damage, loss of data, damage because of the publication of data, lost turnover or non-pecuniary loss.
10.3 The Member/Visitor shall indemnify Flowercouncil.com against any third-party claims on whatever account concerning compensation of damage, costs or interest relating to the Agreement.
Article 11. Intellectual property rights/Licence
11.1 Each Visitor/Member shall respect the intellectual property rights held by Flowercouncil.com. Only Flowercouncil.com and/or its licensors, if any, may reproduce, disseminate and/or publish the Website’s protected content. The Visitor/Member may only perform actions reserved to Flowercouncil.com or its licensors insofar as this is strictly necessary for lawful, normal visiting and use of the Website or for use of the services provided there.
11.2 The Member/Visitor may not remove any designation concerning copyrights, trademarks, business names or other intellectual property rights from the software and/or other documentation furnished.
11.3 Calling up the entire Website or a substantial portion thereof with the aid of automated processes or software or taking any action which might undermine the proper functioning of the Website shall not be allowed.
11.4 If Flowercouncil.com has secured the Website’s software through technical protection, such protection may not be removed or circumvented.
11.5 The Member shall, at no cost, grant Flowercouncil.com a perpetual, non-exclusive licence to publish Content on the Website and save this for archiving purposes. This shall also include the right of Flowercouncil.com to shorten and/or change Content. This licence shall continue to exist after the Agreement ends as well.
Article 12. Duration/Suspension/Termination
12.1 The Agreement shall be entered into for an indefinite period of time. A Member may terminate the Agreement at any time by removing its Account from the Website.
12.2 After the Member has removed the Account, the private section of the Website shall no longer be accessible to it, its profile shall be removed and it shall no longer be able to use the services provided in the private section of the Website. The company information filled in by the Member shall no longer be visible in the Store Locators (see also Article 6, Terms and Conditions). The Content posted by the Member and the username indicated in this connection will not be removed. The Member may subsequently ask Flowercouncil.com, however, to remove this information.
12.3 Flowercouncil.com shall be entitled at all times to block or delete an Account if the Member misuses the Website or acts contrary to the Terms and Conditions.
12.4 Flowercouncil.com may discontinue the Website at any time. Flowercouncil.com shall not be obliged to compensate any damage ensuing from this.
Article 13. Modification of Terms and Conditions
13.1 Flowercouncil.com may modify the Terms and Conditions or supplement them with new terms and conditions. Such changes or additions shall take effect thirty (30) days after they are announced to the Website’s Members/Visitors. Minor changes shall always become effective immediately.
13.2 A change to the Terms and Conditions as referred to in paragraph 1 of this Article shall be announced through notice on the Website or notice of the change by electronic message.
13.3 If the Visitor does not wish to accept the modified or supplemented terms and conditions, the Visitor must cease visiting and/or using the Website as from the time that the new terms and conditions take effect.
13.4 If the Member does not wish to accept the modified or supplemented terms and conditions, the Member must, in accordance with Article 12 of the Terms and Conditions, terminate the Agreement before the date that the new terms and conditions take effect.
Article 14. Final provisions
14.1 Dutch law shall apply to these Terms and Conditions and the Agreement.
14.2 The Dutch version of these Terms and Conditions shall by law be the binding version of the Terms and Conditions. Any translations of the Terms and Conditions furnished shall be for informational purposes only and shall not be used to interpret the Agreement and/or the Terms and Conditions. The Member/Visitor shall waive any applicable right in the country where it is located to obtain these Terms and Conditions in the language of that country.
14.3 Insofar as mandatory rules do not prescribe otherwise, any disputes arising in connection with the Agreements and/or these Terms and Conditions shall be brought before the competent court in The Hague, the Netherlands.
14.4 A change in management or legal form shall not affect the Agreement.
14.5 If a provision in these Terms and Conditions turns out to be null and void, this shall not affect the validity of the full Terms and Conditions. In that instance, the parties shall adopt new provisions which, as much as legally possible, effectuate the intention of the original provision.
14.6 For purposes of these Terms and Conditions, ‘in writing’ shall also mean communication by e mail and fax, provided the identity of the sender and integrity of the e-mail are sufficiently clear.
Contact information
If you have any questions, complaints or comments after reading these Terms and Conditions, please feel free to contact us in writing or by e-mail through the contact information below.
Stichting Bloemenbureau Holland
Doing business under the name ‘Flowercouncil.co.uk’
Beeechavenue 8
1119 PT Schiphol-Rijk
The Netherlands
E-mail address: info@bloemenbureauholland.nl
Chamber of Commerce number: 41151992
VAT number: NL 005187928 B01
