TERMS AND CONDITIONS
POMPON FOREVER FLOWERS’ ("POMPON FOREVER FLOWERS" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on www.pomponamsterdam.com. We recommend you should keep a copy of the TOS for future reference.
POMPON FOREVER FLOWERS is a trading name of POMPON NEXT DOOR B.V., a company registered on Prinsengracht 12H, 1015DV Amsterdam, The Netherlands. Our registered address is Prinsengracht 12H, 1015DV Amsterdam, The Netherlands. Our VAT number is NL 859580271B01.
In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about POMPON FOREVER FLOWERS' Privacy Policy before you use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the POMPON FOREVER FLOWERS terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to POMPON FOREVER FLOWERS, whose applications are acceptable to POMPON FOREVER FLOWERS and who have authorized POMPON FOREVER FLOWERS to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, POMPON FOREVER FLOWERS reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where POMPON FOREVER FLOWERS feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy Policy for further information about how we use your data.
ORDERS
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
POMPON FOREVER FLOWERS offers products for sale that are in stock and available for dispatch from our distribution center.
POMPON FOREVER FLOWERS will store a record of your transactions for a minimum of one year.
PRICING POLICY
The prices are indicated in Euros including VAT for order placed within EU, and excluding delivery costs. The VAT is the tax applicable on The Netherlands territory. The prices that are applied are the prices as shown on the Website at the time the order is being made. You shall be reminded of the fixed sum charged as a contribution to delivery costs, which shall be charged to you at the end of the order on the order summary page, in addition to the price of the products selected.
If you live outside of the European Union, you are entitled to VAT tax exemption. The shipment of the order must be to an address outside of the European Union. The final invoice will reflect this tax exemption. Please be reminded that shipments destined outside of the European Union are subject to import taxes and duty fees (DAP Delivered at Place) based on your home country's regulations.
Shipping charges for your order (if any) are shown at the checkout stage.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and POMPON FOREVER FLOWERS will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Amsterdam, The Netherlands and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of POMPON FOREVER FLOWERS.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
PAYMENT
Payment can be made by Visa, MasterCard, American Express, Maestro and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to pomponamsterdam.com. Payment will be debited and cleared from your account upon dispatch of your order by POMPON FOREVER FLOWERS. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to POMPON FOREVER FLOWERS, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. We partner with Mollie, who is a payment solution provider certified by Payment Card Industry Data Security Standards (PCI-DSS). All credit/debit card transactions on this site are processed using Mollie, a secure online payment gateway that encrypts your card details in a secure host environment. Mollie is responsible for the protection of the Payment Data it holds and will take all commercially reasonable, administrative, technical and physical measures to protect your Personal and Payment Data against unauthorized access or unintended loss or change.
To help ensure that your shopping experience is safe, simple, and secure, POMPON FOREVER FLOWERS uses Secure Socket Layer (SSL) technology certified by COMODO RSA.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
PROMOTION CODE
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
DELIVERY
Your order will be delivered to the address you indicated to us when placing your order. All our shipments to the European Union are billed including the VAT applicable in the Netherlands.
All our shipments to countries outside the European Union (including Switzerland and Norway) are shipped net of VAT. Please note that the delivery charges do not include import costs that may be due when the package reaches the country of destination (DAP Delivered at Place).
Deliveries take place from 9 am to 5 pm, Wednesday to Friday.
You will receive a tracking number via email where you can follow your package fo the estimated delivery time.
A delivery period indicated in the email is never a strict delivery period or term and cannot be construed as a deadline, however, in case of any problems with your shipment or if you do not receive your parcel within 10 working days, please contact POMPON FOREVER FLOWERS customer care by info@pomponamsterdam.com.
RIGHTS OF WITHDRAWL AND RETURNS
WITHDRAWL
You have fourteen (14) calendar days from the date of receipt within which to return, the Products you have ordered to be eligible for a return. If the last day of that time limit falls on a Saturday, a Sunday or a non-worked public holiday, the time limit shall be extended to the next ordinary working day thereafter.
Please note that POMPON FOREVER FLOWERS only issues a full refund if the product/s is in the same conditions as at the time of delivery. If the products’ value has diminished due to your handling of the products to a greater extent than is necessary in order to ascertain its characteristics or function, you have an obligation to reimburse us. Thus, POMPON FOREVER FLOWERS then has the right to withhold such amount of the refund.
To avoid a deduction, please make sure the product you wish to refund is in the exact same condition as when you received them.
POMPON AMSTERDAM is not responsible for any shipments lost in transit. Therefore packages must be traceable.
REFUND
If the above-mentioned conditions in WITHDRAWL are fulfilled, we shall refund the amount of your order to you within fifteen (15) working days from receipt of the Products by POMPON FOREVER FLOWERS.
RETURN
Items returned must be sent to us insured and be in a 'new' condition. All returns must include a copy of the invoice so we have your complete order and contact information.
Please send an email to info@pomponamsterdam.com with the reason why you wish to return it. This way, we can always ensure our quality as much as possible.
The Product(s) must be returned in its original packaging, to the following address:
POMPON FOREVER FLOWERS
Prinsengracht 12 H
1015DV, Amsterdam
The Netherlands
With the Product(s) must be enclosed with invoice and a confirmed email authorization for refund from POMPON FOREVER FLOWERS.
EXCHANGE
All exchanges must be authorized by email first with POMPON FOREVER FLOWERS.
You have fourteen (14) days to return an item for an exchange from the received date.
If you would like to change to a different item, a new order must be placed. All exchanges are based on stock availability. If you have exchanged a product, POMPON FOREVER FLOWERS will pay the shipping charges for the new product.
PRODUCTS
COLORS
We have made every effort to display as accurately as possible the colors of our products that appear on POMPON FOREVER FLOWERS. However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.
SUBSTITUTION
The photos of floral designs shown on our website are for representations only. All floral arrangements are hand-tied by our master florists and can slightly vary from the product image. We will always strive to re-create the “look and feel” of a chosen arrangement by considering the types of flowers, shape, size, style, color, and floral combinations, however, in the unlikely event of supply difficulties, we reserve the right to substitute any products with any other type of equal quality and value.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including POMPON FOREVER FLOWERS Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by POMPON FOREVER FLOWERS. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
CONTENTS
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. POMPON FOREVER FLOWERS tries to ensure that the information on this site is accurate and complete. POMPON FOREVER FLOWERS does not promise that POMPON FOREVER FLOWERS' Content is accurate or error-free. POMPON FOREVER FLOWERS does not promise that the functional aspects of the Site or POMPON FOREVER FLOWERS' Content will be error free or that this Site, POMPON FOREVER FLOWERS Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
NO COMMERCIAL VALUE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than POMPON FOREVER FLOWERS, including advertisers. POMPON FOREVER FLOWERS has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
FORCE MAJEURE
POMPON FOREVER FLOWERS shall not be liable for non-performance of all or part of its obligations hereunder if such non-performance is caused by an event constituting force majeure, particularly in the event of flood, fire, disruption of or all-out or partial strike in, among others, the postal services and means of transport and/or communication.
POMPON FOREVER FLOWERS shall notify you of any event constituting force majeure within five (5) working days of its occurrence.
You and POMPON FOREVER FLOWERS hereby agree to consult as soon as possible in order to determine the ways and means for processing the order during the time for which the case of force majeure remains in being.
Beyond one (1) month of interruption by reason of force majeure, both you and POMPON FOREVER FLOWERS hereto shall be freed from our obligations to each other. Where applicable, POMPON FOREVER FLOWERS shall refund you as soon as possible.
COMPLAINTS AND GOVERNING LAW
If you have a complaint about us email info@pomponamsterdam.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TOS together with all our policies and procedures will be governed by and construed in accordance to the Dutch law and the relevant courts of The Netherlands will have exclusive jurisdiction.