These terms and conditions of sale apply to Western Europe, Central Europe and Eastern Europe, with the exception of Bulgaria, Croatia, Norway, Romania, Slovakia, Switzerland and Turkey, which are other have conditions. 

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Please read these TERMS OF SALE carefully before purchasing Products from the FLOREE  PLATFORM orders.

If you are located in one of the countries LISTED BELOW, additional country-specific terms and conditions may apply to you. You can find this at the end of these terms and conditions of sale or by clicking on the link referring to the country. To the extent there is any conflict in these additional terms, these additional terms take precedence over the Terms below.

AUSTRIA, FRANCE, GERMANY, HUNGARY, ITALY, POLAND. 

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APPLICABILITY

You are reading these Terms of Sale (“Terms of Sale”) because you are using aFLOREE  website, digital experience, social media platform, mobile app, wearable technology, or any of our other products or services, all of which are part ofFLOREE ’s Platform (“Platform”). These Terms of Sale create a legally binding agreement between you andFLOREE  and its affiliates (which we may refer to as “FLOREE ,” “we,” “us,” or “our”) with respect to orders placed for products available on the Platform. Please ourList of local entities to consult the name of the person responsible FLOREE  entity that offers you the Platform and the correct contact details.FLOREE  may amend these Terms of Sale without notice by posting the amended Terms of Sale on its Platform. The purchase is governed by the terms and conditions of sale posted on the Platform at the time you place your order on the Platform. Please read these terms carefully and check that the details of your order are complete and accurate before placing your order. Your use of the Platform also includes theTerms of Use byFLOREE  and thePrivacy Policy byFLOREE  applicable. The Terms of Use are incorporated into these Terms of Sale by this reference. [See terms and conditions forHungary.] 

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PLACING ORDERS ON THE PLATFORM

ELIGIBILITY TO SUBMIT AN ORDER

To place an order on the Platform, you must be at least 16 years old or older - if this is required under applicable law to enter into an agreement withFLOREE  and to be a consumer - not a reseller.

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NO PURCHASE FOR RESALE

The Platform is exclusively byFLOREE intended toFLOREE  sell products directly to end consumers and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of a product fromFLOREE  by someone who sells the products ofFLOREE  resells or intends to resell to others (consumers, companies or other third parties). IfFLOREE  believes that you are involved in purchasing for resaleFLOREE  reserves the right to take action against you, including but not limited to limiting sales to you, canceling your orders, and/or temporarily suspending or closing your account.

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HOW TO ORDER

You will need an email address to place an order, and you may need to set your browser to accept (functional) cookies and pop-ups to use all features of the Platform, including designing customized products , adding items to your shopping bag and placing your order.

When you place an order, we will send you an email confirming receipt of your order. Our acceptance of the order will take place when the Products are dispatched to you. We will send you an email confirming that the Products have been shipped (“Order Confirmation”). At that point, a contract will be formed, of which these Terms of Sale form part, and this contract will be binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the applicable Order Confirmation for future reference. If we are unable to supply a product to you we will notify you in writing and not process the order.

[SeePolishconditions.]

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OUR RIGHT TO REFUSE YOUR ORDER OR CANCEL A CONTRACT

Execution of all orders on the Platform is based on availability. We expressly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damages or costs other than a refund to you of any amounts received in connection with the Contract canceled by us:

• the product is not available / in stock;

• your billing information is incorrect or unverifiable;

• our security system indicates that your order is an unusual order or an order susceptible to fraud;

• you are under 16 years of age or – if an older age is permitted under applicable law to enter into an agreement withFLOREE  to enter into – younger than this older age;

• you are a reseller;

• an incorrect price was stated on the Platform; or

• we were unable to deliver to the address you provided;

• due to an Event Outside Our Control (see below).

[See terms and conditions forFrance.]

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DATA CONTROL

When you place your order, we may check this before fulfilling the order. These checks may include checking your address and checking for fraud. We carry out partially automated checks on all purchases to filter out unusual or suspicious transactions, or transactions that may be susceptible to fraud. Possible fraud on the Platform will be investigated and, if necessary, prosecuted.

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PRICE/PAYMENT

PAYMENT METHODS

You can find the available payment methods for each country in the help section of theFLOREE.store website (the “Website”). We do not accept payment methods other than those indicated in the help section. We kindly request that you do not pay in any other way than stated there. If you do this, we will not be liable for any loss of payment or other damage that may be caused by this.

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PAYMENT PROCESSING

If you pay by credit or debit card, we will debit the amount due from your account as soon as your order leaves our warehouse. If you pay by bank transfer (only available for bulk orders), we will arrange delivery (or production if custom-made products in progress after we have received your payment. This may take several days. If payment is not received within 12 calendar days of submitting your order, your order will automatically expire. Payments can only be processed if the billing information can be verified.

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RESERVATION OF TITLE

We retain title to any product(s) until we have received full payment for such product(s).

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PRICES AND CURRENCY

The product prices displayed on the Platform include value added tax (VAT), as applicable. Shipping costs will be charged per order. The exact shipping costs depend on the country in which your order is delivered. Detailed information about shipping costs per country can be found in the help section of the Website.

Prices are quoted in local currency (Euro) with the exception of the United Kingdom, Sweden, Norway, Switzerland and Denmark where prices are quoted in local currency. If you change the country of delivery while browsing or at checkout, prices may be displayed in a different currency from then on. Please note that a change in the country of delivery may affect the price due to a change in currency or due to prices specific to that country.

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YOUR TOTAL PRICE

The total price in the final payment window includes tax and shipping costs. This price will be included in the Order Confirmation. We recommend that you print or download the Order Confirmation so that you can refer to it later. If you pay by credit card, the total amount for your entire order will be shown in your local currency on your confirmation.

If your local currency is different from the currency in which prices are displayed, your bank will apply the valid exchange rate on the date of purchase. Your bank may apply a different exchange rate over which we have no control.

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PRICE CHANGES

The prices of the products are as indicated on the Platform. Prices may change from time to time, but changes will not affect any order that we have confirmed in an Order Confirmation. [See terms and conditions forItaly.] 

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SHIPPING & DELIVERY

DELIVERY – WHERE AND WHEN

We do not ship on certain national holidays. Please refer to the help section of the Website for dates and available delivery times and methods. We can only fulfill an order to a delivery address that is a home address or office address in one of the countries indicated in the help section of the Website.

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DELIVERY IN PARTS

Where possible we try to deliver all products you have ordered at the same time.We reserve the right to make partial deliveries of your order, for example if part of your order is delayed or unavailable. If we deliver your order in parts, we will notify you by sending you an email to the email address provided by you at the time your order was placed. No additional shipping costs will be charged.

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INSPECTION ON DELIVERY

Please check the packaging for damage upon delivery. If the products appear to be damaged, we request that you do not accept the shipment.

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POSTAGE COSTS

FREE SHIPPING

If you make a purchase that exceeds the limit applicable to your country of delivery, you will receive FREE 'standard delivery', or the choice of 'express delivery' at a discount. There are also other conditions that may qualify you for free shipping. See the help section of the Website for limit amounts and the associated reduced delivery costs.

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RETURNS & CANCELLATIONS

CANCEL AN ORDER BEFORE DELIVERY

You may cancel your order free of charge and without giving a reason if it has not yet been shipped. We begin processing orders placed in our online store almost immediately. If you wish to cancel your order, please first check the status of your order by visiting the "Order Status" link on the Website.

If the status of your order is “Pending” or “On Hold” you can cancel your order by calling our call center (see the help section” on the Website). Our customer service representatives will request that our warehouse cancel your order. If successful, they will send you an email and the cancellation will be free. If cancellation is not possible, the product(s) will be delivered to you and the product(s) may be returned according to the procedure set out below.

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RETURNING ORDERS AFTER DELIVERY – DEFECTIVE products

You have the right to return products delivered to you if they are defective or otherwise do not meet your order upon receipt. If your complaint is justified, the purchase price and shipping costs will be refunded. Practical information on how to return can be found in the help section of the Website.

We further remind you that under Dutch and EU law we are liable to you for any lack of conformity in a product that becomes apparent within a minimum of two years after delivery of the product and that you have various legal rights in this regard. The foregoing does not limit these legal rights in any way. [See terms and conditions forFrance inItaly.] 

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YOUR RIGHT OF WITHDRAWAL

If for any reason you are not satisfied with a product you have ordered, you may exercise your statutory right of withdrawal. You can invoke your right of withdrawal by informing us that you wish to return the product within 30 calendar days after the product has been delivered to you or a third party indicated by you (other than the carrier), or, if you order multiple goods in one order. have ordered that will be delivered separately, within 30 calendar days after the last product has been delivered, without stating a reason.

If you exercise your right of withdrawal, you are obliged to return the products to us without delay and no later than 30 calendar days after the day on which you informed us that you are exercising your right of withdrawal.

Please ensure that the products you return are complete (for example, both items in a pair must be returned) and have not been used in any way other than what is reasonably necessary to decide whether you want to keep the products (this means that you put on clothes or shoes to see if they fit, but you cannot wear or wash them). If you fail to comply with the foregoing and the value of the product is reduced as a result, we may hold you liable for such reduced value. The right of withdrawal does not apply if the product is made according to your specification or is clearly personalized (for example:FLOREE iD products).

For practical information on how to return see the help section atIt Platform, which contains a withdrawal form that you can use to exercise your right of withdrawal. You can also inform us that you wish to exercise your right of withdrawal by another unambiguous statement (for example by letter, fax or e-mail). It is sufficient that you send this declaration to us before the withdrawal period has expired.

If you inform us that you wish to return a product, we will promptly refund all payments received, including shipping costs (excluding additional costs resulting from your choice of shipping other than the least expensive type of standard delivery offered by us), and in any case no later than 30 days after the day on which we were informed of your decision to exercise your right of withdrawal. However, we may choose to withhold reimbursement until we have received the products back or until you have provided evidence of return of the products.

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REFUND INFORMATION

Refunds will be made based on the original payment method. If you paid by bank transfer, please inform Customer Service when you return the product so that we can transfer the money directly to your bank account. Practical information on how to return and on the timeline for refundcan be found here. 

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TERMS AND CONDITIONS APPLICABLE TO PRE-ORDERED PRODUCTS

Pre-ordering is the process of allowing you to order a product before its planned sales launch. Due to the nature of pre-orders, the following specific terms apply to pre-ordered products:

Delivery. We aim to deliver pre-ordered products before the sales launch date, provided we receive your payment at least 3 working days before the launch date. The specific delivery times depend on when the product is available in our warehouse. Standard delivery times apply from the moment the pre-ordered product is available in our warehouse. This information is only our best estimate, delivery times are never binding.

Payment. The following applies unless you have opted for payment upon or after delivery. Your payment will be debited as soon as the order is received (or, in the case of a bank transfer, as soon as possible). We will not start processing your order without receiving payment. For bank transfers this may mean that delivery will be later than indicated above.

Product launch date. The planned sales launch date (product launch) for your pre-ordered product can be found on the product description page on the Website.

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EVENTS OUTSIDE OUR CONTROL

An Event Outside Our Control means acts or events beyond our reasonable control including, but not limited to, strikes, lockouts or other industrial action by third parties, civil commotion, riots, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or a threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or disruption of public or private telecommunications networks.

If an Event Outside Our Control occurs that affects the fulfillment of our obligations under these Terms of Sale:

a) We will contact you as soon as reasonably possible to inform you of this; and

b) Our obligations under these Terms of Sale will be suspended and the time for compliance with our obligations will be extended for the duration of the Event Outside Our Control.

If the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control has passed. You may cancel the contract if an Event Outside Our Control occurs and you no longer want us to provide the products to you. For your cancellation rights, please refer to Cancellation above.

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OTHER IMPORTANT CONDITIONS

We may transfer our rights and obligations under a contract to another organization, but this will not affect our rights or your obligations under these Terms of Sale.

You may only transfer your rights and obligations under these Terms of Sale to another person if we agree to this in writing.

We have a contract with US Direct E-Commerce Limited b.o.d.n. eShopWorld to sell and deliver our products to consumers in Bulgaria, Croatia, Norway, Romania, Slovakia, Switzerland and Turkey. If your order is shipped to one of the countries listed above where our international shipments are carried out by eShopWorld, the contract for the purchase, sale and delivery of our products will be between you and eShopWorld and will be subject toeShopWorld Terms and Conditions. If there is a conflict between these Terms of Sale and the eShopWorld Terms, the eShopWorld Terms will control with respect to your purchase and the delivery of our products.

Each provision of these Terms and Conditions of Sale has separate effect. Should any court or relevant authority decide that any of the provisions of these Terms of Sale are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

If we fail to insist upon you to perform your obligations under these Terms of Sale, or if we fail to enforce our rights against you, or if we do so later, this will not mean that we have waived our rights against you or that you do not have to meet these obligations.

If we waive our right to give you notice of default if you fail to meet your obligations, we will only do so in writing, and this does not mean that we automatically waive our right to give you notice of default in the event of a subsequent failure by you. We will not archive a copy of the contract between us.

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CHOICE OF LAW/JURISDICTION

You agree that the Platform, the Terms of Sale and any dispute between you andFLOREE  are governed in all respects by Dutch law, without regard to applicable law provisions, and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods.

Except where prohibited, and without limiting any statutory rights for consumers, you agree that any and all disputes, claims and legal proceedings, arising directly or indirectly out of or in connection with this Platform (including without limitation the purchase ofFLOREE products) will be resolved on a case-by-case basis, without resorting to any form of class action, and will be dealt with exclusively by the competent court in Amsterdam, the Netherlands.

If you have a complaint, please contact us firstcontact us pagina. If you believe that your complaint has not been handled satisfactorily, you can - but are not obliged - to use the Online Dispute Resolution (ODR) platform, which you can access viahttp://ec.europa.eu/odr. 

All claims must be commenced within one (1) year after the claim arises, to the extent permitted by applicable law. [See terms and conditions forAustria, France, Germany, Italy inPoland.] 

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COUNTRY SPECIFIC CONDITIONS

If you are located in one of the following countries, the additional terms and conditions below apply and in the event of any conflict with the above terms and conditions, these additional terms and conditions shall take precedence.

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AUSTRIA

The last paragraph of the section above entitled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced by the following:

“All claims must be brought within three (3) years after the claim arises.”

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FRANCE

The above article entitled “PLADING ORDERS ON THE PLATFORM”, article paragraph “OUR RIGHT TO REFUSE YOUR ORDER OR CANCEL A CONTRACT” is deleted in its entirety and replaced by the following:

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“OUR RIGHT TO REFUSE YOUR ORDER OR CANCEL A CONTRACT

We reserve the right to cancel a Contract by written notice to you in the following circumstances, without being liable for any damages or costs other than a refund to you of any monies received in connection with the Contract canceled by us:

• your billing information is incorrect or unverifiable;

• our security system indicates that your order is an unusual order or an order susceptible to fraud;

• you are under 16 years of age or – if an older age is permitted by applicable law to enter into an agreement withFLOREE  to enter into – younger than this older age;

• you are a reseller;

• we were unable to deliver to the address you provided; or

• due to an Event Outside Our Control (see below).”

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The article above entitled “RETURN & CANCELLATION”, article paragraph “RETURN OF ORDERS AFTER DELIVERY – DEFECTS” is deleted in its entirety and replaced by the following:

"FLOREE , Colosseum 1, 1213 NL Hilversum, The Netherlands, is responsible for any lack of conformity of the products under the conditions laid down in Articles L. 217-4 et seq. of the French Consumer Code, and for hidden defects of these products under the conditions as laid down in articles 1641 et seq. of the French Civil Code. If your complaint is justified, the purchase price and shipping costs will be refunded. Practical information on how to return can be found in the help section of the website.”

We would like to point out that under the legal conformity guarantee you:

• has 2 years after delivery of the product to file a claim;

• can choose between repair or replacement of the product, subject to the conditions for costs laid down in Article L. 217-9 of the French Consumer Code;

• does not have to prove the lack of conformity of the product for a period of two (2) years after delivery of the product.

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The legal conformity guarantee does not affect any commercial guarantees that may be given.

You can also decide to act under a legal guarantee against a hidden defect as laid down in Article 1641 of the French Civil Code. In that case, you can choose between cancellation of the purchase or a reduction of the sales price, as laid down in Article 1644 of the French Civil Code."

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The second and third paragraphs of the section entitled “CHOICE OF LAW/JUDICIAL POWER” are deleted entirely and replaced by the following two paragraphs:

“Except where prohibited, and without limiting any statutory rights for consumers, you agree that any and all disputes, claims and legal proceedings, arising directly or indirectly out of or in connection with this Platform (including but not limited to the purchase ofFLOREE products) will be dealt with exclusively by the competent court in Amsterdam, the Netherlands.

If you have a complaint, please first contact us via [contact us pagina]. If you believe that your complaint has not been handled satisfactorily, you can - but are not obliged - to use the Online Dispute Resolution (ODR) platform, which you can access viahttp://ec.europa.eu/odr.  In addition, you have the right to initiate a mediation procedure by contacting the mediator(s) as follows: Association des Médiateurs Européens (197, Boulevard Saint-Germain, 75007 PARIS, telephone: 09 53 01 02 69),http://www.mediationconso-ame.com/. The mediator(s) will independently and impartially attempt to find an amicable solution to the dispute. In mediation, each party is free to accept or reject the solution proposed by the mediator.”

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GERMANY

The last paragraph of the section above entitled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced by the following:

“All claims must be brought within two (2) years after the claim arises.”

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HUNGARY

The article above entitled “APPLICABILITY” is amended by adding the following:

“These Terms of Sale constitute an implied agreement between you andFLOREE , unless they otherwise meet the requirements of written agreements under Hungarian law. "

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ITALY

The article above entitled “PRICE/PAYMENT”, article paragraph “PRICE CHANGES” is replaced in its entirety by the following:

“PRICE CHANGES

The prices of the products are as indicated on the Platform. Prices may change from time to time, but changes will not affect any order you have placed, even if it has not yet been confirmed in an Order Confirmation.”

The article above entitled “RETURN & CANCELLATION”, article paragraph “RETURN OF ORDERS AFTER DELIVERY – DEFECTS” is deleted in its entirety and replaced by the following:

“RETURN OF ORDERS AFTER DELIVERY – DEFECTS

Under Article 130 of the Consumer Code, it guaranteesFLOREE  the conformity of sold goods for a period of two years after delivery of the goods. Without prejudice to any legal rights in your favor under applicable law, in the event of non-conformity you shall be entitled to have the goods brought into conformity by repair or replacement or to obtain an appropriate price reduction in the price or the contract terminated in connection with these goods, in accordance with Article 130 of the Consumer Code. You are entitled to exercise the above rights in the event that products are defective or otherwise not in conformity with your order at the time you receive them, provided that you inform us of the non-conformity within a period of two months after the date of receipt. date on which you discovered such lack of conformity. If your complaint is justified, the purchase price and shipping costs will be refunded. Practical information on how to return can be found in the help section of the Website.”

The second paragraph of the above article entitled “CHOICE OF LAW/JUDICIAL POWER” is deleted in its entirety and replaced by the following two article paragraphs:

“Regardless of the choice of law mentioned above, you enjoy the legal rights in your favor under Article 1, Title III of the Italian Consumer Code (Legislative Decree No. 206/2005).”

“Except where prohibited, and without limiting your legal rights, you agree that any and all disputes, claims and legal proceedings, arising directly or indirectly out of or in connection with this Platform (including without limitation the purchase ofFLOREE products) will be resolved on a case-by-case basis, without resorting to any form of class action, and will be dealt with exclusively by the competent court in the place where you live or are established.”

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POLAND

The article above entitled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced by the following:

“CHOICE OF LAW/JUDICIAL POWER

You agree that the Platform, the Terms of Sale, and any dispute between you andFLOREE  shall be governed in all respects by the laws of Poland.

Except where prohibited, and without limiting any statutory rights for consumers, you agree that any and all disputes, claims and legal proceedings, arising directly or indirectly out of or in connection with this Platform (including without limitation the purchase ofFLOREE products) will be resolved on a case-by-case basis without resorting to any form of class action and will be dealt with exclusively by the courts having jurisdiction under applicable law.

If you have a complaint or think there is a dispute between us, please contact us firstcontact us atina. If the dispute between us is not resolved, you may, but are not obliged to, use the Online Dispute Resolution (ODR) platform which you can access athttp://ec.europa.eu/odr.” 

The above paragraph “HOW TO ORDER” is amended by adding the following:

“By accepting these Terms and Conditions of Sale:

(a) you request that an invoice be issued for the relevant purchase and

(b) you agree to this invoice being prepared in an electronic format and sent to you by email.”

Date last modified: Oktober 2023