ARTICLE 1 – DEFINITIONS

In these terms and conditions, the following definitions shall apply:
1. Grace period: the period within which the consumer can exercise his
right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and
business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products
and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to send
information that is addressed to him personally, to be stored in a way that future
consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the
renounce the distance contract;
7. Trader: the natural or legal person who is a member of the Dutch Thuiswinkel
Organisation and offers products and/or services to consumers from a distance;
8. Distance contract: an agreement whereby, within the framework of a system organised by the
entrepreneur organised system for distance selling of products and/or services,
up to and including the moment the agreement is concluded, exclusive use is made of one or more
more techniques for distance communication;
9. Technique for distance communication: means that can be used for the
conclusion of an agreement, without the consumer and entrepreneur simultaneously in
the same space together.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Flowter
Bilderdijkstraat 137E, 2513 CN, The Hague
Hereinafter referred to as Flowter
Telephone number: +31 6 37328657
E-mail address: [email protected]
Chamber of Commerce number: 84412291
BTW-identificatienummer: NL003960261B83
Bank details:
IBAN NL: NL80 KNAB 0418 3318 20
BIC / SWIFT: INGBNL2A

ARTICLE 3 – APPLICABILITY
1. These general terms and conditions apply to every offer of the entrepreneur and to
any distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general
conditions shall be made available to the consumer. If this is not reasonably
possible, before the distance contract is concluded, it will be indicated
that the general terms and conditions can be inspected at the entrepreneur’s premises and that they, at the consumer’s request, will
consumer, they will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding the
preceding paragraph and before the distance contract is concluded, the text of these
general terms and conditions electronically to the consumer be made available
provided in such a way that it can easily be
be stored on a durable data carrier. If this is not reasonably
possible, before the distance contract is concluded, it will be indicated
where the general terms and conditions can be viewed electronically
and that at the consumer’s request they will be sent electronically or otherwise free of charge.
will be sent free of charge.
4. In case specific product or
service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the
apply and the consumer may, in the event of conflicting general terms and conditions
always rely on the applicable provision that is most favourable to him.

ARTICLE 4 – THE OFFER
1. If an offer has a limited period of validity or is made subject to conditions,
this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products
products and/or services. The description is sufficiently detailed to enable a proper
assessment of the offer by the consumer. If the entrepreneur
uses images, these are a truthful representation of the products
products and/or services offered. Obvious mistakes or obvious errors in the offer are
offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations
and obligations which are attached to the acceptance of the offer. This concerns
in particular:
– the price including taxes;
– the possible costs of delivery
– the way in which the agreement will be concluded and which actions are
necessary for this;
– whether or not the right of withdrawal is applicable;
– the method of payment, delivery and performance of the agreement;
– the period for accepting the offer, or the period within which the
entrepreneur guarantees the price;
– the height of the tariff for distance communication if the costs of the
use of the technique for distance communication are calculated on a
basis other than the regular basic rate for the means of
means of communication;
– whether the agreement is archived after its conclusion, and if so in which
manner in which it can be consulted by the consumer;
– the manner in which the consumer, before concluding the contract, can consult the information provided by
him in the context of the agreement can check and
rectify, if desired;
-any languages other than Dutch in which the agreement can be concluded
be concluded;
– the codes of conduct to which the trader is subject and the way
how the consumer can consult these codes of conduct electronically;
and
– the minimum duration of the distance contract in case of an extended transaction.

ARTICLE 5 – THE AGREEMENT

1. Subject to the provisions of paragraph 4, the agreement is concluded at the
moment of acceptance by the consumer of the offer and meeting the
conditions imposed.
2. If the consumer has accepted the offer electronically, the
entrepreneur shall immediately confirm receipt of acceptance of the offer electronically.
offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur
the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate
technical and organisational measures to secure the electronic data
transfer of data and ensures a secure web environment. If the consumer
can pay electronically, the entrepreneur shall observe appropriate safety measures.
observe appropriate security measures.
4. The entrepreneur may – within legal frameworks – inform himself whether the consumer
can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the
important for a responsible conclusion of the remote agreement. If the
entrepreneur, on the basis of this investigation, has good grounds for not concluding the contract.
enter into the agreement, he is entitled to refuse an order or application or to attach special
attach special conditions to the implementation.
5. The entrepreneur will provide the consumer with the following information with the product or service,
in writing or in such a way that it can be
can be stored on a durable data carrier:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints
can go to;
b. the conditions on which and the way in which the consumer can make use of the right of withdrawal
right of withdrawal, or a clear notification regarding the exclusion of the
right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur
already provided these details to the consumer before the performance of the
agreement;
e. the requirements for terminating the agreement if the agreement has a duration
has a duration of more than one year or is of indefinite duration.
6. In the case of a duration transaction, the provision in the previous paragraph applies only to
the first delivery.

ARTICLE 6 – RIGHT OF WITHDRAWAL
On delivery of products:
1. When purchasing products, the consumer has the possibility of dissolving the agreement
without giving reasons for a period of 14 days. This reflection period starts
on the day after receipt of the product by the consumer or a representative previously designated by the
consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and the
packaging. He will only unpack or use the product to the extent that is
necessary to assess whether he wishes to keep the product. If he exercises his
right of withdrawal, he shall return the product with all delivered accessories and – if reasonably possible – in the
if reasonably possible – in the original condition and packaging to the entrepreneur
return, in accordance with the reasonable and clear instructions provided by the entrepreneur.
On delivery of services:
3. Upon delivery of services, the consumer has the option to dissolve the agreement without
With the delivery of services, the consumer has the possibility of dissolving the agreement without giving reasons for a period of at least fourteen days, starting on the
day of entering into the agreement.
4. To use his right of withdrawal, the consumer will comply with the
by the entrepreneur in the offer and / or no later than on delivery in this respect provided
reasonable and clear instructions.

ARTICLE 7 – COSTS IN THE EVENT OF WITHDRAWAL
1. If the consumer exercises his right of withdrawal, no more than the
costs of return shipment shall be for his account.
2. If the consumer has paid an amount, the entrepreneur will return this amount as soon
as soon as possible, but at the latest within 30 days after the return or withdrawal.

ARTICLE 8 – EXCLUSION OF RIGHT OF WITHDRAWAL
1. The entrepreneur can exclude the consumer’s right of withdrawal insofar as provided
in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur
clearly stated this in the offer, or at least in good time before concluding the contract.
stated.
2. Exclusion of the right of withdrawal is only possible for products:
a. that were created by the entrepreneur in accordance with specifications of the
consumer;
b. that are clearly personal in nature
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose price is subject to fluctuations on the financial market over which the
entrepreneur has no influence on;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a
certain date or during a certain period;
b. the delivery of which commenced with the express consent of the consumer
before the cooling-off period has expired;
c. relating to betting and lotteries.

ARTICLE 9 – THE PRICE
1. During the validity period stated in the offer, the prices of the products
products and/or services offered shall not be increased, except for price changes resulting from
as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to
prices are subject to fluctuations in the financial market and which are beyond the Entrepreneur’s control.
has no influence on, with variable prices. This link to
fluctuations and the fact that any prices mentioned are target prices shall be stated in the
offer.
3. Price increases within 3 months after the conclusion of the agreement are
permitted only if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only
allowed if the entrepreneur has stipulated them and:
a. they are the result of legal regulations or stipulations; or
b. the consumer has the authority to terminate the agreement as of the
day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

ARTICLE 10 – CONFORMITY AND WARRANTY
1. The entrepreneur guarantees that the products and/or services comply with the
agreement, the specifications stated in the offer, to the reasonable requirements of
soundness and/or usability and the legal provisions and/or government regulations that existed on the date the contract was concluded.
agreement existing legal provisions and/or government regulations. If
agreed, the entrepreneur also guarantees that the product is suitable for
other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the
legal rights and claims that the consumer under the agreement
against the entrepreneur.

ARTICLE 11 – DELIVERY AND PERFORMANCE
1. The entrepreneur will take the greatest possible care when receiving
and in the execution of orders of products and in the assessment of
applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
made known to the company.
3. With due observance of the stipulations in article 4 of these general terms and
The company will execute accepted orders with convenient speed but at the latest within 30
within 30 days unless a longer delivery period has been agreed. If the
delivery is delayed, or if an order cannot or can only partially be
can be carried out, the consumer will be informed about this at the latest 30 days after he has placed the order.
he has placed the order. In that case, the consumer has the right to dissolve the
agreement without costs and entitled to possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer has paid as
paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
dissolution, refund.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make
make an effort to provide a replacement product. At the latest upon delivery
clear and comprehensible manner that a replacement article is delivered.
delivered. With replacement items, the right of withdrawal cannot be excluded. The
costs of any return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until
the moment of delivery to the consumer or a previously designated and
entrepreneur, unless explicitly agreed otherwise.
agreed.

ARTICLE 12 – PAYMENT
1. Insofar as not otherwise agreed, the amounts owed by the consumer must be
amounts to be paid within 14 days after the start of the reflection period as
referred to in article 6 paragraph 1. In case of an agreement to provide a service,
This period shall commence after the consumer has received confirmation of the agreement.
received.
2. When selling products to consumers, general terms and conditions may never
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is
is stipulated, the consumer cannot assert any rights regarding the implementation of the order or
relevant order or service(s) before the advance payment has been made.
occurred.
3. The consumer has the duty to inaccuracies in provided or mentioned payment data
immediately to the entrepreneur.
4. In case of default of payment by the consumer, the entrepreneur has the right, subject to statutory
4. In case of default of payment by the consumer, the entrepreneur has the right to charge reasonable costs made known to the consumer in advance.
in charge.

ARTICLE 13 – COMPLAINTS PROCEDURE
1. The entrepreneur has a sufficiently publicised complaints procedure and
deals with the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted within a reasonable time, fully
clearly described and submitted to the entrepreneur, after the consumer has found the
defects has established.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days counting from the date of receipt.
from the date of receipt. If a complaint requires a foreseeable longer processing time
longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of the delivery date.
replied with a notice of receipt and an indication of when the consumer can expect a more
more detailed answer can be expected.
4. A complaint about a product, service or the entrepreneur’s service can also be
submitted via a complaints form on the consumer page of the website of the
Dutch Thuiswinkel Organisation www.thuiswinkel.org. The complaint is then sent both
to the trader concerned and to the Dutch Thuiswinkel Organization.
sent.
5. If the complaint cannot be solved in mutual consultation, a dispute arises that is
susceptible to the dispute settlement procedure.

ARTICLE 14 – DISPUTES
1. Contracts between the entrepreneur and the consumer to which these general
conditions are subject to Dutch law.
2. Disputes between the consumer and the entrepreneur about the conclusion or implementation of
2. Disputes between the consumer and the entrepreneur about the realisation or execution of agreements concerning products and services
products and services, may, with due observance of the following provisions, be submitted by either the consumer or the entrepreneur to the
consumer and the trader to the Thuiswinkel Disputes Committee
Thuiswinkel, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be handled by the Disputes Committee if
the consumer has first submitted his complaint to the trader within a reasonable period.
4. No later than three months after the dispute arose, the dispute must be submitted in writing to the
Disputes Committee no later than three months after the dispute arose.
5. When the consumer wants to submit a dispute to the Disputes Committee, the
entrepreneur is bound to this choice. When the entrepreneur wants to do that, the
consumer within five weeks after a written request made by the childcare centre.
written request by the entrepreneur, to express in writing whether he so desires or wants the dispute to be
be dealt with by the competent court. If the entrepreneur does not receive
consumer within the period of five weeks, then the entrepreneur is entitled
submit the dispute to the competent court.
6. The Disputes Committee pronounces judgment under the conditions as laid down
in the regulations of the Dispute Commission. The decisions of the
The decisions of the Disputes Committee are made by way of a binding opinion.

7. The Disputes Committee will not handle a dispute or will discontinue its handling if
the entrepreneur has been granted a suspension of payments, has gone bankrupt or has
bankruptcy or has actually terminated his business activities, before a dispute has been dealt with by the
committee at the hearing and a final ruling has been issued.
8. If, in addition to the Thuiswinkel Disputes Committee, there is another recognised or registered Consumer Disputes Committee.
Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële
Services (Kifid) is competent, for disputes
mainly concerning the method of distance selling or provision of services, the
Thuiswinkel Disputes Committee shall have exclusive jurisdiction. For all other disputes, the
other disputes committee recognised by the SGC or affiliated with the Kifid.

ARTICLE 15 SUPPLEMENTARY OR DEROGATING PROVISIONS
Additional provisions or provisions deviating from these general conditions may not be to the
disadvantage of the consumer and must be recorded in writing or in such a way that they
manner that they can be stored by the consumer in an accessible manner on a long-term data carrier.
a durable data carrier.