Terms of Service

This website / web shop / company is operated by Foekje Fleur. Throughout the site, the terms “we”, “us” and “our” refer to Foekje Fleur. Foekje Fleur offers this website, including all information, tools and services available from this site to you, the “user”, “buyer” conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available on our website or on request. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current (web)shop shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on WordPress / Woocommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you. By entering our website you’re agreeing to the general sales terms & conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of our Services.

1. Presentation of the website

Under Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, it is clear to users of the site b2b.foekjefleur.com and/or foekjefleur.com the identity of the various stakeholders as part of its implementation and monitoring:

Owner: Foekje Fleur – Baan 74, 3011CD Rotterdam

2. General conditions of use of the site and services offered

Use of the site b2b.foekjefleur.com or foekjefleur.com implies full acceptance of the terms and conditions described below. These conditions of use may be modified or supplemented at any time; users of the site b2b.foekjefleur.com or foekjefleur.com are therefore invited to consult them on a regular basis.

Foekjefleur.com is normally accessible to users at any time. B2b.foekjefleur.com is only accessible after receiving a username + password. An interruption due to technical maintenance may however be decided by Foekje Fleur, which will then endeavor to communicate to users the dates and times of the intervention beforehand.

The site b2b.foekjefleur.com and foekjefleur.com is updated regularly by staff. In the same way, the legal notices can be modified at any time: they nevertheless impose themselves on the user, who is invited to refer to them as often as possible in order to take note of them.

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

3. Description of the services provided

The site b2b.foekjefleur.com and foekjefleur.com is intended to provide information on all of the company’s activities.

Foekje Fleur strives to provide information on b2b.foekjefleur.com and foekjefleur.com that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in updates, whether caused by us or by third-party partners who provide this information.

All the information indicated on the site b2b.foekjefleur.com and foekjefleur.com is given as an indication and is subject to change. In addition, the information on the site is not exhaustive and is given subject to modifications made since it went online. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the website or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. Contractual limitations on technical data

The website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, not containing any viruses and with an up-to-date, last-generation browser.

5. Intellectual property

Foekje Fleur owns the intellectual property rights or holds the rights to use all the elements available on the site, including text, images, graphics, logos, icons, sounds, and software.

Any reproduction, representation, modification, publication, or adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited without the prior written permission of Foekje Fleur.

Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Code of Intellectual Property.

6. Limitations of liability

Foekje Fleur cannot be held responsible for direct and indirect damage to the user’s equipment when accessing the site b2b.foekjefleur.com and/or foekjefleur.com resulting either from the use of equipment that does not meet the specifications above, or the appearance of a bug or incompatibility.

Foekje Fleur also cannot be held responsible for consequential damages (such as, for example, a loss of market or loss of a chance) resulting from the use of or ordering through the site b2b.foekjefleur.com and/or foekjefleur.com.

Interactive spaces (such as the option to ask questions in the contact area) are available to users. Foekje Fleur reserves the right to delete, without prior notice, any content posted in this space that would violate the law applicable in the Netherlands, especially provisions relating to data protection. Where applicable, Foekje Fleur also reserves the right to pursue the user’s civil and/or criminal liability, particularly in the event of a racist, abusive, defamatory or pornographic message, regardless of the medium used (text, photography, etc.).

7. Management of personal data

In the Netherlands, personal data is protected in particular by the GDPR (AVG).

When using the site b2b.foekjefleur.com and/or foekjefleur.com, the following may be collected: the URL of the links through which the user accessed the site, the user’s access provider, and the user’s Internet Protocol (IP) address.

In any case, Foekje Fleur only collects personal information about the user for the purposes of certain services offered by the site b2b.foekjefleur.com and/or foekjefleur.com. The user provides this information with full knowledge of the facts, in particular when entering it themselves. The user is informed of whether providing this information is mandatory or optional.

No personal information of the user of the site b2b.foekjefleur.com and/or foekjefleur.com is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only in the event of an acquisition of Foekje Fleur and its rights may such information be transmitted to the prospective purchaser, who would in turn be bound by the same obligation to store and process data with respect to the user of the site.

8. Hyperlinks and cookies

The site b2b.foekjefleur.com and/or foekjefleur.com contains a number of hyperlinks to other sites, set up with the permission of Foekje Fleur. However, Foekje Fleur does not have the ability to check the content of the sites visited, and therefore assumes no liability in this regard.

Navigation on the site b2b.foekjefleur.com and/or foekjefleur.com is likely to result in the installation of cookie(s) on the user’s computer. A cookie is a small file which does not allow identification of the user, but which records information relating to the browsing of a computer on a site. The data thus obtained are intended to facilitate subsequent navigation on the site and to allow various measures of attendance.

Refusing to install a cookie may result in the impossibility of accessing certain services. The user can, however, configure their computer as follows to refuse the installation of cookies:

In Internet Explorer: Tools tab (gear icon in the upper right corner) → Internet Options. Click Privacy and choose Block all cookies. Confirm with OK.

In Firefox: At the top of the browser window, click the Firefox button, then go to the Options tab. Click on the Privacy tab. Set the storage rules to use custom settings for history. Finally, uncheck the option to disable cookies.

In Safari: Click the menu icon (gear symbol) at the top right of the browser. Select Settings. Click Show Advanced Settings. In the “Privacy” section, click Content Settings. In the “Cookies” section, you can block cookies.

In Chrome: Click the menu icon (three horizontal lines) at the top right of the browser. Select Settings. Click Show Advanced Settings. In the “Privacy” section, click Preferences. In the “Privacy” tab, you can block cookies.

9. User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, products or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; (3) to respond to any comments; or (4) to pay compensation for any product sent without prior notice.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

10. Applicable law and jurisdiction

Any dispute in connection with the use of the site b2b.foekjefleur.com and/or foekjefleur.com is subject to Dutch law.

11. Sales conditions

Pricing

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the service or product (or any part or content thereof) without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service or product.

Certain products or services may be available exclusively online through the website or only at events. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on b2b.foekjefleur.com and/or foekjefleur.com is void where prohibited. We do not grant any exclusivity to one buyer in an area. Exclusivity is possible through limited edition products and with a signed contract. We take no responsibility for multiple resellers in one area, but we prevent this in the best way possible.

Products

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service or product will be corrected.

A warranty on products will be granted when the product is used as intended, but only up to the amount of the purchased value of the product. We have no liability for use of our products, and no obligation to pay compensation in any form when a product malfunctions during use.

A warranty will be granted for production failure or damage due to transportation to the shipping address stated on the order. Malfunctioning and/or damaged products should be reported within 72 hours of receiving the order.

Orders

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided when the order was made.

When placing an order, the buyer agrees to our general sales terms & conditions and agrees to provide current, complete and accurate purchase and account information for all purchases made at our store/web shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. The buyer agrees that, upon placing an order, they accept the payment obligation. We will hold stock for 14 days. After 14 days from placing the order, we may cancel the order without prior notice and release the stock for other customers. This means we cannot guarantee that ordered products will remain available after 14 days. The buyer will receive a credit note. We are not liable to the buyer for any loss or damage the buyer may suffer as a result of this cancellation.

An order placed without using our website, but with access to it, may incur extra handling costs.

All orders are shipped within 48 hours (weekends excluded) after payment is received, with track and trace and insurance at a flat rate. The rate depends on the shipping address and will be shown at checkout. Shipping duration depends on third parties, and we are not liable for their service. If a shipment is lost, we are not liable to the buyer for any loss or damage the buyer may suffer as a result of the delay or cancellation. We will only compensate the value of the shipped goods plus shipping costs.

An order will under no circumstances result in intellectual property (rights in trademarks, designs, or reproduction rights) belonging to either party being transferred to the other, except as strictly necessary for the purposes of performing this agreement; each party remains the holder of its own intellectual property.

Images, information or any content used from our website or download page (foekjefleur.com/mediadownloads) may be used if properly credited, but under no circumstances does this transfer any intellectual property rights (rights in trademarks, designs, or reproduction rights).

Force majeure. Deliveries may be suspended or canceled in whole or in part by Foekje Fleur if production, transport or supply of goods or services is impeded, delayed, made impossible or made uneconomical by facts or circumstances beyond Foekje Fleur’s control, regardless of whether these facts and circumstances were foreseen or foreseeable when the order was accepted. Foekje Fleur is not liable to the buyer for any loss or damage the buyer may suffer as a result of such suspension or cancellation.

Prohibited uses

Products bought from Foekje Fleur may not be sold through web shops like bol.com, amazon.com or other dropshipping method websites without the consent of Foekje Fleur. We reserve the right to terminate you as a buyer on any related website for violating any of the prohibited uses.

Products may not be sold below the recommended retail price without the consent of Foekje Fleur. If a buyer is stuck with dead stock or has another reason to sell or attempt to sell products below the recommended retail price, we are open to negotiating a return of the goods. We reserve the right to terminate you as a buyer on any related website for violating any of the prohibited uses.

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, use false pretenses, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

12. Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results obtained from use of the product or service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Foekje Fleur, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the service or any products procured using the service, or from any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend and hold harmless Foekje Fleur and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

14. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

15. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may accordingly deny you access to our Services (or any part thereof).

16. Entire agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, and any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

17. Governing law

These Terms of Service, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the Netherlands.

18. Contact information

Questions about the general sales terms & conditions can be sent to us at info{at}foekjefleur.com.