1. Preamble & Scope
These General Terms and Conditions (Algemene Voorwaarden) apply to every offer, quote, and agreement entered into by Jollystackfeedbrst Floriculture B.V. (KVK: 84920148), having its registered domicile at Keizersgracht 382, 1016 GB Amsterdam, The Netherlands, and any client or consumer utilizing our website jollystackfeedbrst.living or ordering botanical goods directly from our atelier.
2. Perishable Botanical Goods & Exemption from Right of Withdrawal
Pursuant to Article 6:230p under sub f of the Dutch Civil Code (Burgerlijk Wetboek) and Article 16(d) of the European Consumer Rights Directive (Directive 2011/83/EU), the statutory fourteen-day right of withdrawal does not apply to the purchase of goods that deteriorate or expire rapidly. Fresh cut flowers, heritage tulips, garden roses, hand-tied bouquets, and living plant compositions are explicitly categorized as perishable commodities.
Once a bouquet has been hand-tied and dispatched with our courier, orders cannot be cancelled or refunded based solely on change of mind. If an arrangement arrives visibly damaged during transit, the recipient or sender must notify our atelier within twenty-four (24) hours of receipt, submitting photographic evidence of stem condition to [email protected] for immediate replacement or store credit.
3. Botanical Variations & Harvester Availability
Flowers are natural living organisms subject to daily micro-climate shifts, soil variations, and Dutch harvest fluctuations. Photographs on our website represent typical stem forms, bloom calipers, and color palettes. Jollystackfeedbrst reserves the professional prerogative to substitute specific stems with blooms of equal or superior botanical quality and market value when extreme weather or harvest delays prevent a specific cultivar from reaching our Keizersgracht workshop at peak conditioning.
4. Delivery Conditions & Recipient Obligations
The ordering party is responsible for providing complete, accurate street addresses, postal codes, and entrance access instructions (including courtyard codes, intercom numbers, or security desk procedures). Our cargo bike couriers adhere to the following binding parameters:
- Delivery slots represent estimated windows based on municipal canal traffic, bridge openings, and weather safety. Delays caused by extreme weather conditions or municipal road closures do not constitute breach of contract.
- If the recipient is absent, the courier may leave the water-podded arrangement with an immediate canal neighbor, leaving physical notification at the recipient's mailbox.
- Should delivery prove impossible due to incorrect address information provided by the purchaser, the bouquet will be returned to the Keizersgracht cold-room. The sender will be billed for any requested re-dispatch.
5. Intellectual Property Rights
All editorial texts, botanical guides, photographs, typography layouts, illustrations, brand names, and digital code published on jollystackfeedbrst.living are the exclusive intellectual property of Jollystackfeedbrst Floriculture B.V. and protected under the Dutch Copyright Act (Auteurswet) and international treaties. Reproduction, scraping, adaptation, or republication without express written authorization is strictly prohibited.
6. Limitation of Liability
Except in cases of gross negligence (grove schuld) or intentional misconduct (opzet), Jollystackfeedbrst Floriculture B.V. shall not be liable for indirect, incidental, or consequential damages resulting from the supply of botanical products. The total aggregate liability of the Company for any verified direct loss shall under all circumstances be capped at the invoice amount paid by the customer for the specific order giving rise to the claim.
7. Governing Law and Dispute Resolution
All legal relationships between Jollystackfeedbrst Floriculture B.V. and the customer shall be governed exclusively by the laws of The Netherlands, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any disputes arising from or in connection with these terms that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam (Rechtbank Amsterdam).