General terms and conditions
1. Scope
The following Terms and Conditions apply to all orders placed via our online shop. Our online shop is for consumers only.
2. Contractual partner, formation of contract, correction facilities
The contract is concluded with Surprose.com.
By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The language(s) available for concluding the contract: English
4. Delivery conditions
Delivery costs may be added to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers.
Information on this website regarding availability is subject to change without notice. We cannot guarantee the constant availability of products on this site. All orders are subject to current availability at all times.
We deliver in the Netherlands, Germany and Belgium. Should you wish to have your order delivered in Germany, please refer to www.surprose.de. We will deliver the goods you order to the address you give us when you place your order on this site. Delivery will be based on the information on the product pages after your order has been accepted.
Delivery on holidays are usually not possible. It is the customer's responsibility to check whether there is a public holiday in their region on the desired delivery date. If this is the case, our shipping partner will deliver the order on the next possible day after the public holiday.
Service products such as wine and champagne are secondary to roses. Should you only order wine or champagne, we reserve the right to cancel the order. You will then receive a confirmation e-mail and if payment has been made, the money will be returned to the account used to pay as soon as possible.
We will make reasonable efforts to deliver the goods on the agreed date. We depend on our carrier to deliver punctually on the requested delivery date. In over 95% of cases, delivery will be made on the requested date, otherwise on the following working day. Our products are packed in such a way that freshness is guaranteed even with an extra day.
In case of unforeseen circumstances (e.g. unfavourable weather conditions, unpredictable delays due to traffic jams, road works, diversions or mechanical failures), we may not be able to deliver the goods within these deadlines and we will not be liable for any delay or failure to deliver the goods if the delay is caused in whole or in part by such circumstances. In the event that a delivery does not take place, we will agree an alternative delivery date with you.
We are also not responsible for any delay in delivery caused by someone not being available to take delivery of the products. It is your responsibility to contact the post office or courier company regarding the goods that could not be delivered because you were not available.
We only dispatch goods en route; pick up by the customer is not possible.
5. Payment
The following payment methods are basically available in our online shop:
Credit Card
With the submission of the order, you provide your credit card details. After your identification as the legal cardholder, the payment transaction is automatically carried out and charged to your card.
PayPal
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
6. Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
Customer service: Our Customer Service is available for queries, complains and claims on working days from 9.00 a.m. to 5 p.m. via phone at +3185 822 54 35 as well as via email at service@surprose.com.
7. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.
8. Protection of minors
Insofar as your order is comprised of goods, whose sale is subject to age restrictions, through the use of a reliable procedure, including a personal identity and age check, we shall ensure that the purchaser has reached the required minimum age. The deliverer shall only hand over the goods after an age check and only to the purchaser in person.
AGB erstellt mit dem Trusted Shops Rechtstexter in Kooperation mit FÖHLISCH Rechtsanwälte.
Right to object
If we process personal data as described above to protect our legitimate interests that are overriding in the process of balancing of interests, you may object to such data processing with future effect. If your data are processed for direct marketing purposes, you may exercise this right at any time as described above. If your data are processed for other purposes, you have the right to object only on grounds relating to your particular situation.
After you have exercised your right to object, we will no longer process your personal data for such purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
This does not apply to the processing of personal data for direct marketing purposes. In such a case we will no longer process your personal data for such purposes.
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. During the Mother's Day period, we can't cancel orders anymore from 08-05-2024, from 13:00h. Changes to the order are also no longer possible from then on.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us (Surprose BV, Berkstraat 100, 7572 CD Oldenzaal, the Netherlands, service@surprose.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
Refusing a shipment deprives us and you of the chance to test the product and suffer the consequences of any delay. Our strong roses should not be affected by 1-2 days' delay. Optimal assessment of the quality, involves putting the roses in the vase as the care tips dictate. An accurate picture of the quality arises after 3-4 days in the vase. In case of reduced quality, our customer service will be happy to help you.
We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Revocation form
(To revoke the contract, please fill in the form and send it to the given mail-address.)
- To Surprose BV, Berkstraat 100 , 7572CD Oldenzaal, service@surprose.com, the Netherlands
- I / we [*] hereby give notice that I / we [*] cancel my / our [*] contract of sale of the following goods [*] / for the supply of the following service [*]
- Ordered on [*] / received on [*]
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date
[*] Delete as appropriate.
