4.a. By placing an order in conformity with the present general terms and conditions, the Consumer acknowledges that the goods ordered - to the extent that they include cut flowers or plants - (i) were compiled or created according to their specifications, (ii) are clearly meant for a specific person and are therefore of a personal nature or can, due to their nature, not be returned as they can perish quickly, (iii) have a limited shelf life or lose their characteristic features, such that the consumer is not entitled to the right of withdrawal as intended in Section VI.53, 3° and 4°, of the Belgian Code of Economic Law.
4.b. To the extent that the goods ordered do not include cut flowers or plants, the Consumer is entitled to the right of withdrawal.
Without prejudice to the provisions set forth in Section VI.53 of the Belgian Code of Economic Law, the Consumer is entitled to withdraw from the distance agreement without stating reasons during a period of 14 days, and without having to bear costs other than those mentioned in Section VI.50, § 2, and Section VI.51 of the Belgian Code of Economic Law.
The withdrawal period expires 14 days after the day when the Consumer, or a third party designated by the Consumer, not being the carrier, physically takes possession of the goods or:
i. if the Consumer ordered multiple goods in the same order that are delivered separately, the day when the Consumer, or a third party designated by the Consumer, not being the carrier, physically takes possession of the last good;
ii. if the delivery of a good consists of various shipments, the day when the Consumer, of a third party designated by the Consumer, not being the carrier, physically takes possession of the last shipment or the last component;
iii. for agreements regarding regular delivery of goods during a certain period, the day when the Consumer, or a third party designated by the Consumer, not being the carrier, physically takes possession of the first good.
Subject to forfeiture of their right of withdrawal, the Consumer informs Bloemen Damman prior to the expiry of the withdrawal period of their decision to withdraw from the agreement. To this end, they can either use the model form for withdrawal, included as Annexe 2 to Book VI of the Belgian Code of Economic Law (Download: Model form for withdrawal.pdf), or fill in and send a different unambiguous declaration electronically on the website https://bloemendammanbrugge.floralshop.be/en of Bloemen Damman. In the said instances, Bloemen Damman shall forthwith and on a sustainable data carrier inform the Consumer of the confirmation of the receipt of the withdrawal.
The Consumer shall have exercised their right of withdrawal within the withdrawal period as intended in Section VI.47, § 2, and Section VI.48 of the Belgian Code of Economic Law, if they send the notification regarding exercising their right of withdrawal before the said period has lapsed.
The evidentiary burden regarding exercising of the right of withdrawal in accordance with this article shall be vested in the Consumer.
In case of withdrawal in conformity with the law, Bloemen Damman shall reimburse any and all payments received, including, where applicable, the delivery charges, the latter at the latest 14 days after the day that it is informed of the decision of the Consumer to withdraw from the agreement in accordance with Section VI.49 of the Belgian Code of Economic Law.
Bloemen Damman effectuates the repayment through the same means of payment used by the Consumer for the original transaction, unless the Consumer expressly agreed with a different means of payment and with the understanding that the Consumer cannot bear any costs as a result of the said repayment.
Without prejudice to the above, it is not required of Bloemen Damman to repay the additional costs if ab initio the Consumer expressly opted for a manner of delivery other than the cheapest standard delivery offered by Bloemen Damman.
At the latest 14 days after the day that they have informed Bloemen Damman of their decision to withdraw from the agreement in accordance with Section VI.49 of the Belgian Code of Economic Law, the Consumer shall at their own expense return the goods or present them to Bloemen Damman or to a person who has been authorised by the latter to take receipt of the goods, unless Bloemen Damman offered to pick up the goods. The period has been observed if the Consumer returns the goods before the period of 14 days has lapsed.
The Consumer only bears the direct costs of the return of the goods, unless Bloemen Damman agrees to bear the said costs.
Barring if Bloemen Damman offered to pick up the goods, it can wait with the repayment until it has received all goods back, or until the Consumer has demonstrated that they have returned the goods, depending what occurs first.
The Consumer shall only be liable for a decrease in value of the goods that is the result of a manner of processing the goods beyond what was required to determine the nature, the features, and the operation of the goods.
Exercising the right of withdrawal terminates the obligation for the parties to implement the distance agreement, or to conclude a distance agreement, if the Consumer made a relevant offer.
Without prejudice to the applicability of Section VII. 92, Subsections 1 and 2, of the Belgian Code of Economic Law, the exercising by the Consumer of their right of withdrawal for a distance agreement in accordance with Sections VI.47 up to and including VI.52, § 1, of the Belgian Code of Economic Law automatically terminates each and every supplemental agreement, without costs on the part of the Consumer, barring the costs as intended in Section VI.50, § 2, and Section VI.51.
Download: Model form for withdrawal.pdf