Terms & Conditions
Article 1: Definitions
1.1 In these General Terms and Conditions (“Terms and Conditions”) the following terms shall have the following meaning:
- Customer: each natural person or legal entity with whom/which Flora Market NV. enters into an Agreement.
- Agreement: each accepted offer of Flora Market NV. and each agreement concluded between Flora Market NV. and Customer, each modification of it, or addition to same.
- Products: all physical goods and services, offered by Flora Market NV.
- Website: the website www.flora.aw.
Article 2: Applicability
2.1 These Terms and Conditions shall constitute part of any and all Agreements and shall apply to any and all relationships between and all acts of Flora Market NV. and Customer in connection with the marketing and sales of the Products in the broadest sense, whether in writing or not, including but not limited to statements and offers made by Flora Market NV. on and Agreements concluded between Flora Market NV. and Customer online e.g. via the Website, These Terms and Conditions explicitly exclude the applicability of Customer’s general or specific conditions or stipulations, unless otherwise agreed on and confirmed in writing by Flora Market NV..
2.2 In as far as the application of any clause from these Terms and Conditions would conflict with any stipulation in a written agreement – not being general terms and conditions – between Flora Market NV. and Customer, that clause may not apply, whereas in that case the other clauses of these Terms and Conditions shall remain in full force.
Article 3: Offers, Formation of Agreements, Statements, and Labeling of Products and/or Services
3.1 An offer and/or quotation shall be without obligation and shall not bind Flora Market NV., and shall only be deemed an invitation to place an order, unless Flora Market NV. has explicitly stipulated in writing a period within which same is to be accepted.
3.2 All statements by Flora Market NV. of numbers, sixes, weight, labels, and/or indications have been made carefully, but always subject to change. Flora Market NV. does not guarantee that same do not contain deviations. Calculation or writing errors, and the like, in publicity, offers, prospectuses, publications, order confirmations, invoices, and/or other documents proceeding from Flora Market NV. shall not bind Flora Market NV..
3.3 In the event of purchase for cash, the Agreement shall be concluded at the time of payment. The sales receipt issued by Flora Market NV. shall be deemed proof hereof. In the event of credit purchase, the Agreement between Flora Market NV. and Customer shall be concluded, as soon as Customer signs the sales receipt stating the products purchased. In the event that the products have been ordered at Customer’s request, the Agreement shall be concluded at the time that Flora Market NV. accepts the order in writing, or that Flora Market NV. carries out the order.
3.4 The Customer vouches for the correctness of the by him provided information. In case of customization, or when goods are combined on directions of the Customer, the Customer vouches for the stated sizes and the provided information. When the Customer provides information orally or by phone, the information which is not confirmed in writing by Flora Market NV. comes for risk of the Customer. The Customer is obliged to immediately report to Flora Market NV. any incorrectness in provided or mentioned information which is in any way related to the Agreement.
3.5 Flora Market NV. is permitted to refuse an order and/or application or to connect special conditions to the delivery when Flora Market NV. has valid reasons to believe that the Customer will not meet his obligations. This valid reason can, amongst others, be a clear and recent negative experience of Flora Market NV. with the Customer. When requested to, Flora Market NV. will provide the concerning substantiation in writing to the Customer.
Article 4: Modifications and/or additions
4.1 Modifications of, and additions to, any stipulation in an Agreement and/or these Terms and Conditions shall only apply, if they have been laid down in writing by Flora Market NV., and shall only concern the Agreement in question. Oral agreements, irrespective of their nature or by whom or when made, shall have no legal effect, unless specifically confirmed in writing.
4.2 Flora Market NV. may modify these Terms and Conditions any time without prior consultation of the Consumer. The amended Terms and Conditions will apply as from the date of publication on the Website.
Article 5: Prices
5.1 The current sales prices are expressed in Aruban florins in Aruba and are stated on the price stickers attached to the products offered in the Flora Market NV. store, or placed on or above the shelf where Flora Market NV. has displayed the products concerned. The sales prices shall be inclusive sales tax.
5.2 Flora Market NV. may change these sales prices, and may increase them, inter alias if the circumstances on which the sales prices are based have changed. Aforementioned changes include inter alias: increase of freight rates, import and export duties, or other domestic and foreign levies and/or taxes, wages, salaries, and social charges, changes in exchange rates, and price of raw and auxiliary materials. For the determination of changes in exchange rates, the date of arrival of the products in the harbor of the island in question shall apply.
5.3 If so requested, Customer can use the transportation services offered by Flora Market NV. Transportation costs are not included in the sales price and shall be for Customer’s account.
5.4 Flora Market NV. shall not be bound by the price indication if a price sticker was attached to the wrong product, and/or a product has been placed on a wrong shelf, and/or an incorrect price is stated on the price sticker and/or if the price is obviously listed incorrectly in any of its commercial publications whether in hard copy, on the Website or in any other digital form (“Publications”). Flora Market NV. reserves the right to refuse or cancel any orders placed for product listed obviously at the incorrect price.
Article 6: Delivery time
6.1 The delivery time stated by Flora Market NV. is based on the circumstances at the time of concluding the Agreement, and, in as far as subject to third-party performances, on the information provided by these third parties to Flora Market NV.. Flora Market NV. shall observe the delivery time as much as possible.
6.2 In case of delay of the delivery, as a result of (temporarily) not being in stock of the ordered Products or any other reason, or when the delivery can not, or only partial, be performed, the Customer receives a timely, and if possible within fourteen (14) days after the concluding of the Agreement, message that such will be the case. In the event that the delivery time is exceeded, Customer shall not be entitled to any compensation in respect thereof. In that case, Customer also shall not be entitled to dissolution of the Agreement, unless the delivery time is exceeded to such an extent that Customer cannot be expected in reason to have the (part in question of the) Agreement continued. Only in that case, Customer may dissolve the (part in question of the) Agreement.
6.3 The delivery time shall take effect on the day of the formation of the Agreement (Article 3.3), provided that Flora Market NV. disposes of the information and products required for the performance of the Agreement. Otherwise, the delivery time shall take effect later, and this on the day of receipt by Flora Market NV. of the information and products required for the performance of the Agreement, it being understood that such information and/or products shall be provided/delivered within a reasonable period.
Article 7: Delivery and Risk
7.1 Delivery shall take place at the store where the products have been ordered, unless Customer makes use of the transportation services offered by Flora Market NV.. In that case, delivery takes place at the address stated by Customer. Flora Market NV. is permitted to let the delivery, or parts of it, perform by third parties who are not employed by Flora Market NV.
7.2 The Customer is obliged to do everything that is reasonably necessary and/or desirable to make the delivery possible. Flora Market NV. may assume that the Products can be delivered with conventional means of transport on proper reachable places with a for the acquittal conventional procedures. When the transport and/or the acquittal requires the making of extra costs as a result of the absent of the aforementioned, the Customer is obliged to fully pay these extra costs.
7.3 At the time of delivery, the risk of the products delivered shall pass to Customer.
7.4 In the event that products have been ordered at Customer’s request, Flora Market NV. shall notify Customer of the arrival of the products. In the event that Customer does not take possession of the products within eight (8) days after this notification, Flora Market NV. may store the products for Customer’s account and risk, and Customer shall owe storage charges for this. In the event that Flora Market NV. does not notify Customer of the arrival of the products, the eight (8)-day period referred to in the preceding sentence shall take effect at the time of expiration of the delivery time communicated to Customer by Flora Market NV.. The storage charges amount to 20% of the sales price per month. In the event that Customer has not taken possession of the products within six (6) months after expiration of the delivery time communicated, Flora Market NV. may sell these products privately to a third party for Customer’s account and risk. Customer shall continue to owe the purchase price, augmented by interest and expenses (by way of compensation). In the event of a private sale to a third party, the amount due by Customer shall be reduced by the net proceeds of the sale to this third party.
7.5 Article 7.4 shall also apply, if the products are immediately deliverable from stock at the time of the formation of the Agreement, and Customer does not immediately take possession of the products, it being understood that storage charges shall become due and payable eight (8) days after the day of formation of the Agreement, and that Flora Market NV. may proceed to private sale of the products not taken possession of to third parties after expiration of eight (8) days after the day of formation of the Agreement.
Article 8: Inspection and Complaints
8.1 Customer is obligated to inspect the products delivered (or cause same to be inspected) immediately following receipt. Complaints shall be lodged in writing with Flora Market NV., not later than within eight (8) days after receipt of the products delivered, in the absence of which Customer is deemed to have approved the delivery. Complaints shall not entitle Customer to suspend or set off the payment of the undisputed part of the claim.
8.2 Customer shall give any assistance required for the investigation of the complaint, inter alias by giving Flora Market NV. the opportunity to conduct an investigation (or cause same to be conducted) into the circumstances of the use and/or installation of the products.
Article 9: Payment
9.1 Customer shall pay the purchase amount of the products delivered to it pursuant to the Agreement.
9.2 All payments shall be made at the office of the Flora Market NV. branch where the Agreement was concluded, or in another way to be indicated by Flora Market NV., before or on delivery of the products, unless otherwise agreed on.
9.3 Customer shall pay the purchase amount in full, without discount or deduction, unless Customer and Flora Market NV. conclude a credit agreement for the (partial) financing of the purchases made. Customer may not set off the amount it owes Flora Market NV. against the amount Flora Market NV. eventually might owe Customer.
9.4 In the event that Customer does not pay the installments payable pursuant to a credit agreement on the due dates, Customer shall owe default interest at 1.5% per month on the amount then overdue, without any notice of default being required. In this respect, part of a month shall be deemed a full month.
9.5 In the event of failure to comply, or to timely comply, with the credit agreement, Customer shall be in default, without a notice of default being required. In that case, Flora Market NV. may demand immediate payment of its claim, including the installments not yet due, and/or have same collected without notice of default.
9.6 The data registered in the financial records and other written documents and/or data files of Flora Market NV. shall be full proof, unless Customer has proven the incorrectness of same. The Customer is obliged to inform Flora Market NV. beforehand and in writing about changes in address and/or name as well as any other for Flora Market NV. relevant information. All the consequences of not, or not in time, informing Flora Market NV. about these changes are for account and risk of the Customer.
9.7 Any costs, including collection costs, process server costs, and/or attorney’s fees, both judicial and extrajudicial, incurred by Flora Market NV. to accomplish Customer’s fulfillment of the obligations shall be for Customer’s account. The extrajudicial costs amount to 15% of the principal sum, with a minimum of Nafl. 500.=, respectively Afl. 500.=, respectively $ 500.= (in words: five hundred 00/00 Netherlands-Antillean guilders, respectively Aruban florins, respectively American Dollars.).
9.8 These Terms and Conditions, including Articles 9.1 through 9.7, shall also apply, if Flora Market NV. offers Customer an open account credit facility. Furthermore, an open account credit facility is subject to the following:
- pursuant to this credit facility, Customer shall use its own consecutively numbered vouchers when making purchases at Flora Market NV. ;
- in the event that Customer has knowledge of any irregularity concerning its vouchers, Customer shall promptly notify the Department of Credit Management of Flora Market NV. hereof, stating the numbers of the vouchers to which the irregularity refers;
- in the event that Flora Market NV. has proceeded to deliver the products based on a lost, stolen, or forged voucher of Customer, or a voucher of Customer that has been used unlawfully or illegally and/or drawn up falsely, without Flora Market NV. having received aforementioned statement and notification, if any, in advance, all consequences thereof shall be for Customer’s account and risk;
- therefore, Flora Market NV. also shall not be liable for the lack of authority (to sign) of Customer’s representative, who makes purchases on Customer’s behalf by using the vouchers;
- periodically, Customer shall receive a statement of the purchases made by or on behalf of Customer during a period;
- Customer shall pay the purchase amount as stated on the periodic statement within the term of payment agreed on (but not later than within thirty (30) days);
- Customer shall owe default interest at 1,5% per month on this purchase amount or part thereof, if the purchase amount or part thereof has not been paid within the term of payment.
Article 10: Retention of Title
10.1 The ownership of the products delivered shall not pass to Customer until after he has fully paid all that he owes or will owe on account of the Agreement in question and/or for any other reason.
10.2 In the event of attachment, moratorium on payments, or bankruptcy, Customer shall promptly inform the process server levying the attachment, the administrator, or the bankruptcy trustee of Flora Market NV. Curacao’s title.
10.3 Customer is obligated to inform third parties, who are put into the possession by Customer of the products delivered by Flora Market NV. , and/or for whom Customer carries out work, of Flora Market NV. Curacao’s title to these products.
10.4 In the event that any product delivered by Flora Market NV. has become a component part of another movable or immovable property, then this shall not affect Flora Market NV. Curacao’s retention of title. In as far as legally permissible, Flora Market NV. Curacao’s product shall always be deemed the principle property, even if a considerable difference in value exists between the product delivered by Flora Market NV. and the other movable property, except in as far as Flora Market NV. waives its retention of title.
Article 11: Packaging
11.1 All packaging, with the exception of the obvious standard packaging of the Product, shall remain the property of Flora Market NV. , unless otherwise agreed on and confirmed in writing by Flora Market NV. .
11.2 Additional costs will be charged for packaging, on top of the purchase amount payable by Customer. In the event that the packaging is returned in a good state within four (4) weeks after delivery, Flora Market NV. shall refund the costs of packaging to Customer.
Article 12: Return and Exchange
12.1 Products that have been altered and/or damaged in any way through the fault of Customer and/or third parties cannot be returned or exchanged.
12.2 When returning a product purchased at Flora Market NV. , the purchase price shall not be refunded to Customer, but, instead thereof, he shall receive a Flora Market NV. value coupon for the same amount. Returning a product is only permitted, however, if the following conditions are met: Customer requests a refund of the purchase price within thirty (30) days after the date of purchase, simultaneously submitting a) the original sales receipt, b) the unused and unworn product, and c) the original packaging. The value coupon shall only be valid one (1) year after the date of issue of the value coupon.
12.3 Exchanging a product purchased at Flora Market NV. for another product is also possible, if Customer so requests within thirty (30) days after the date of purchase, simultaneously submitting a) the original sales receipt, b) the unused and unworn product, and c) the original packaging.
12.4 The following products cannot be returned or exchanged:
- products sold at reduced prices because of a sale, on special offer, during a special campaign, because the products are already damaged (in part), or for whatever other reason;
- products sold per meter, as well as incandescent, low-energy, fluorescent, and halogen lamps, paint coatings, glues, cement, tiles, and locks taken out of their original packaging;
- products that Flora Market NV. at Customer’s request has specially ordered, fabricated, mixed, adapted and/or customized;
- all products for which the supplier and/or manufacturer has not issued a warranty.
Article 13: Warranty
13.1 Flora Market NV. is never obligated to issue a warranty to Customer that goes beyond the warranty Flora Market NV. can claim towards its supplier.
13.2 The warranty period shall take effect at the time of delivery (Article 7.1). The sales receipt shall serve as certificate of warranty. Without submitting the sales receipt, Customer shall not be entitled to warranty.
Article 14: Liability and Release of Liability
14.1 Flora Market NV. shall not be liable for any damage of Customer and/or third parties, caused by and/or attributable to Flora Market NV. and/or a person and/or item for which Flora Market NV. is responsible. This exclusion of liability shall leave intact Flora Market NV. Curacao’s obligation to comply with a warranty issued as referred to in Article 13 of these Terms and Conditions. Therefore, Flora Market NV. Curacao’s liability is excluded fully for the rest, except in as far as Article 14.3 of these Terms and Conditions stipulates otherwise.
14.2 Flora Market NV. shall never be liable for damage caused by use contrary to the operating instructions of the product in question, if any. Flora Market NV. notably excludes any liability for consequential loss, immaterial damage, trading loss, and/or environmental damage.
14.3 The exclusion of liability of paragraph 1 shall not be applicable, if damage has been caused by intention or similar gross negligence of Flora Market NV. and/or its subordinates, or if liability ensues from the statutory product liability regulation.
14.4 The Website is provided “as is” without warranties of any kind, whether express or implied. Flora Market NV. does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that the Website or the server that makes the Website available are free of viruses or other harmful components. Flora Market NV. does not make any warrantees or representations regarding the use of the Website.
Article 15: Force Majeure
15.1 In the event that Flora Market NV. cannot fulfill its obligations pursuant to an Agreement towards Customer due to a non-attributable failure (force majeure), the performance of the part in question of that Agreement shall be suspended.
15.2 In the event that any event of force majeure has lasted two (2) months, or as soon as it has been determined in reason that it will last at least two (2) months, both parties may dissolve in writing the Agreement in whole or in part, without parties being obligated to pay any damages to each other.
15.3 Force majeure shall be taken to mean each event beyond Flora Market NV. Curacao’s control, which impedes the fulfillment of its obligations in whole or in part towards Customer, or due to which Flora Market NV. cannot be required in reason to fulfill its obligations, irrespective of whether this event was also foreseeable at the time of concluding the Agreement. These events shall include inter alias: strike, power failures, fire, engineering interruption, discontinuation and/or government measures, as well as the absence of any permit to be obtained from the public authorities, and/or other problems that manifest itself, beyond Flora Market NV. Curacao’s control, at Flora Market NV. , Flora Market NV. Curacao’s suppliers, and/or in the transportation provided by Flora Market NV. itself and/or third parties.
Article 16: Default and Dissolution
16.1 In the event of failure by Customer to fulfill any obligation arising for it from any Agreement and/or these Terms and Conditions, and/or to fulfill same by the stipulated date, Customer shall be in default without any notice of default, and Flora Market NV. may suspend the performance of that Agreement and agreements directly related thereto (e.g. on transportation by third parties), until payment will have been guaranteed sufficiently, or dissolve that Agreement and agreements directly related thereto in whole or in part.
Article 17: Intellectual Property
17.1 Flora Market NV. is the exclusive owner or, as the case may be the licensee, of any and all intellectual property, including but not limited to copyrighted works, logos, tradenames, trademarks, designs and patents (“Intellectual Property”) used in its Publications, and may not be copied or used except as permitted with the prior written permission of Flora Market NV. or, if Flora Market NV. is not the owner, the owner of such Intellectual Property.
17.2 These General Terms and Conditions are available in the Dutch and English language. In case of disputes regarding the contents or meaning of these General Terms and Conditions the Dutch text shall be binding.
Article 18:Final Provisions
18.1 Without Flora Market NV. Curacao’s permission in writing, Customer may not transfer in whole or in part its rights and/or obligations arising from an Agreement with Flora Market NV. .
18.2 Flora Market NV. may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to Flora Market NV.
18.3 All disputes between Flora Market NV. and Customer arising from, or related to an Agreement concluded between them, also those requiring urgent settlement, shall only be submitted to the Court of First Instance of the island of the Flora Market NV. branch with which the Agreement has been concluded. This shall leave intact parties’ right to lodge an appeal or an appeal in cassation, if so desired.
18.4 These Terms and Conditions and all other agreements between Flora Market NV. and Customer shall exclusively be governed by the laws of the island (country) of the Flora Market NV. branch with which the Agreement has been concluded.
18.5 These General Terms and Conditions are available in the Dutch and English language. In case of disputes regarding the contents or meaning of these General Terms and Conditions the Dutch text shall be binding.
Reserve & Pickup Terms & Conditions
With Flora Market NV. Reserve & Pickup service you can reserve selected products at the Flora Market NV. store via online flora.aw. Using Reserve & Pickup, no commitment to purchase is made. When you choose our Reserve & Pickup service you will be given a reference number and details of your order. You will not be asked to pay until you collect the goods from Flora Market N.V. store.
We will aim to ensure that Reserve & Pickup orders are available for collection from the store within two trading hours of our first email confirming your reservation. From time to time, due to operational issues, orders may take longer. In this instance we will endeavor to contact you as soon as possible.
Reserve & Pickup orders can be made at any time on the Flora Online Shop website and will be held until the end of the next trading day. If you would like us to hold the item for longer please contact us.
While every effort is made to ensure the accuracy of the information on this site, sometimes we have to hold our hands up and admit we have made a mistake by unintentionally publishing inaccurate information (e.g. the price, description or availability of a product you have reserved). In this instance we may have to cancel your reservation at any time, even if you have received your confirmation email.
Because all Reserve & Pickup sales take place in our store, sales are subject to the Flora Market NV. General Terms & Conditions available on our website.