Terms of service

Clause 1 Identity of the vendor

We are:

Oh My Day bvba (Stays)

Tramstraat(HEU) 18

9070 Destelbergen

Belgium

E-mailadres: hello@stays.green

VAT Number: 

BE 0672.875.637

 

Clause 2 Applicability and conditions

  1. Our terms and conditions are applicable to every offer from us as a webshop to you as Consumer (every natural person who, for non-occupational purposes alone,  purchases or uses a good or service made available on the market).
  2. We deliver worldwide except Åland Islands, American Samoa, Bangladesh, Bonaire, St. Eustasius and Saba, Brazil, British Indian Ocean Territory, British Virgin Islands, Christmas Island, Cocos Islands, Cook Islands, Costa Rica, Falkland Islands, Philippines, Guam, Heard and MacDonal Islands, Isle Of Man, Israel, Cayman Islands, Libya, Morocco, Marshall Islands, Mauritius, Micronesia, North Korea, Solomon Islands, Syria, Thailand, Turks and Caicos Islands, United States Minor Outlying Islands, United States Virgin Islands, United Arab Emirates, Vietnam, South Africa, South Georgia and the South Sandwich Islands. If you submit a delivery address within one of these countries, we reserve the right to decline your order.
  3. To be able to place an order, you must above the age of 18. If you are younger than 18, we ask you to let a parent or legal guardian place your order. If it comes to our attention that an order is made by a minor, we reserve the right to decline your order.
  4. Placing an online order on the website constitutes a formal acceptance of our terms and conditions, which are always available through our website.
  5. If you ordered online, we provide you in addition and together with the order confirmation or at the latest on delivery with a copy of these terms and conditions in a format that you can save or print. We moreover recommend that you always do this.
  6. If in addition to these terms and conditions, additional special conditions apply, the above applies also to those special conditions. You as a consumer can always invoke to your advantage the most preferential text if our terms and conditions would be contrary to the above special conditions.

Clause 3 Our offer and your order

  1. We explicitly state in our offer when the latter is only valid for a constrained period of time or is subjected to specific conditions.
  2. We always describe as complete and accurate as possible what we sell to you as well as the course of our delivery process. The description is in any case sufficiently detailed to allow you to make a proper assessment. If we make use of graphics, they are a true reflection of the offered goods and / or services. However, to err is human and if we are clearly mistaken, we are not obliged to deliver to you.
  3. Your order is complete and the contract between us is final once we confirm your order by mail and regarding your payment made by credit or debit cards, as soon as we receive approval from the issuer of your card. We accept Paypall, Visa, Mastercard, American Express and other Credit Cards.  Should the issuer of your card refuse to agree on your payment to us, we cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Orders without valid payment by name of the registered cardholder will not be accepted or processed.
  4. In order to purchase a product, you add it to your shopping basket. Afterwards, you submit your contact details and billing data. Next, you choose your preferred way of delivery: Free Shipping or Express Shipping. In the final step you are led to an overview page, you accept our terms and conditions and you confirm your payment by pressing the ‘Buy Now’ button, with the caption “order with payment”. If you have completed these steps, your purchase becomes final.

Clause 4 Right of withdrawal

  1. If you buy goods from us, you have the right to decide that you do not want to keep the goods for 30 days from the delivery or the conclusion of the contract. You can then return your order without penalty and without giving any reason (the cost hereof is to be paid by you). Within 14 days after reception of your returned order or your indication that you wish to forgo the agreement, we will pay you back the full purchase price, by the same means of payment which you utilised for the purchase.Expenses made by selecting extra delivery options like Express Shipping or Gift Wrap are non-refundable. 
  2. The Right of withdrawal is not applicable to personalised products
  3. The direct costs of the return of the goods will thus be at your expense. We will indicate the costs of the return or make an assessment of the costs if it is not reasonably possible to calculate them in advance. Should it be impossible to return the goods by postal service, we will pick up the goods from you without charging you additional costs. We can refuse repayment as long as we have not received the returned goods or until you have shown you have returned the goods, depending on which event occurs first.
  4. We expect you to handle the order as well as the packaging with the utmost care during the first 14 days after delivery. If you want to return the goods as described above, you may only unpack or use them to the extent needed to assess whether or not you wish to retain them. Returned goods may be tested, but not used. When returning the goods, you will also have to return all delivered accessories and – if reasonably possible – return the goods in their original condition and packaging as well as taking in account our instructions as listed below.
  5. You can return you package through post or courier.  
  6. In order to exercise your right to withdrawal quickly and correctly, both in case of delivery of services as in the case of delivery of goods, you can fill out the form below and send it to hello@stays.green. We will send you an acknowledgement of your withdrawal by email.
  7. “MODEL WITHDRAWAL FORM”: Ask per email for your Model Withdrawal Form via hello@stays.green.

Clause 5 Price

  1. During the period we mention in our offer, our prices do not change, except for price changes resulting from changes in VAT rates.
  2. Our prices include all taxes, VAT and all other levies. Hence, je will never experience unpleasant surprises. We nevertheless can decide to charge you with the shipping costs on top of the purchase price. In that case, we notify that always before you definitely place your purchase. In that case, we notify this to you prior to the definitive confirmation of your order.

Clause 6 Payment

  1. We only accept advance payment through our website using the payment methods indicated there.
  2. In order to guarantee safe online payment and the safety of your personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required. You recognise a safe SSL-connection by the “lock” in the bottom status bar of your browser.

Clause 7 Conformity and Warranty

  1. We guarantee that our products are in accordance with your order and meet the normal expectations you may have taking into account the specifications of the product. We also guarantee that our goods are in accordance with any at the moment of your order applicable law.
  2. As a consumer, you dispose of a statutory 2-year warranty on goods purchased from us if this good is not in accordance with the placed order. During this period and within the legal limits, we provide for the free replacement or repair of goods showing a defect covered by the statutory warranty.
  3. To the extent of what is possible or reasonable, you have a choice between replacement or repair. Only if replacement or repair is excessive or impossible, or impossible to deliver within a reasonable time, do you have the right to a reduction or to demand the dissolution of the contract of sale.
  4. During the first six months, you can in all cases call upon the guarantee. Afterwards, you have to prove that the defects in the goods are not caused by abnormal use.

Clause 8 Delivery and execution

  1. All goods and services are delivered to the address provided by you when ordering.
  2. When a good is in stock it will be delivered to the delivery address within the predetermined delivery time. If a good is not in webshop stock your order will be shipped when the product is back in stock. We inform you of the delivery period in your order confirmation.
  3. Delivery depends on your shipping country. Usually, it takes up to 10 working days
  4. If we are not able to deliver on time, we will always notify you before the to the end of the delivery period.  If we do not, you can cancel your order for free. In that case, we will refund you within 30 days after the dissolution of the agreement.
  5. The shipment of goods and gift vouchers is always at our risk. So you do not have to worry about goods lost during transportation. If you, however, return goods to us within 30 days after delivery because you prefer not to keep them, you will be responsible for transportation.
  6. If the delivered goods were damaged during transport, do not correspond to the goods mentioned on the delivery note or do not correspond to the goods you ordered, you have to report this as quickly as possible and in any case within 3 days. Subsequently, you have to send the goods back within 14 calendar days after delivery.
  7. We cannot be held responsible for any consequential damage suffered due to late delivery or non-delivery by the transporter assigned by the company. In such cases, our liability remains limited to the value of the goods of which it is shown that they were not received by the customer.

Clause 9 Duration

  1. The Consumer has the right to terminate a contract of indefinite duration at any time, with due observance of the agreed termination rules and a notice of at least one month.
  2. A contract which was entered into for a definite period of time has a duration of maximum two years.
  3. If a sale of goods contract for a definite period of time stipulates that in the case of non-action of the Consumer the Distance Contract will be extended, the contract will be continued as a contract of indefinite duration and will require a notice of at least one month.
  4. If a contract for the provision of services for a definite period of time was concluded between the Company and the Consumer and contains a clause to tacit renewal. This clause will be placed in bold letters and an in a frame separated from the text, on the front side of the first page.
  5. This clause will contain the consequences of a tacit renewal, among which are the provision of the next paragraph with regards to denunciation as well as the last possible date of opposition against the tacit renewal by the Consumer and the manner of notification of this opposition. The Consumer may, after the tacit renewal of a service contract of definite duration, at any given time and without any compensation terminate the contract, with due consideration of a notice of maximum two months.

Clause 10 Force majeure

  1. In case of force majeure, we are not obliged to fulfil our obligations. In that case, we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.
  2. Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties,…

Clause 11 Subscriptions

We also offer subscriptions on our website. Flowers can be ordered via a subscription so that you are offered seasonal flowers every two months. Subscriptions are organised as follows. 

If you have a subscription with us it is important to note that you rent products from us. This means all of these products that fall under these subscription plans are not yours. This means you can not break them or modify them in a way that is permanent like cutting the stems to a different height or bent the stems. The basis should be that you return the items in the same state as you received them.


Seasonality


We offer a change in flowers 6 times a year, so every 2 months. The months that we lump together are 


  • February - March
  • April - May
  • June - July
  • August - September
  • October - November
  • December - January

Now the question arises which bouquet you get when you order. Let me explain it to you with an example. 


You order in the beginning of October. You get the October - November bouquet a couple of days later (after shipping which might take up to 4 business days). This happens until the cut off date which is the 10th of the last month of the lumped months. This means in my example until the 10th of November. From that date onwards we’ll send you the bouquet of the next month-couple namely December - January in this case. 


New bouquet


Now the question is when is your bouquet changed. We try to offer the best possible user experience and the best way we came up with is the following.


We send you the new flowers at the beginning of the month. At that point you still have the old flowers. The new bouquet arrives at your place. You unbox them and keep the box of the new bouquet you have received and put the old bouquet in that box. In that box with the new bouquet there is a return label that you will have to stick on the box. 


It is VERY important that you stick that label on top of the old label so that there is no barcode of the old label visible anymore. 


Once we see in our system that you have received the new bouquet we make a pick up time for the old bouquet to be picked up. The courier comes at your door and picks up the old bouquet and you are good to go for the following 2 months. You don’t even have to dispose of the box because the old flowers are picked up in that old box. 


Cancelling your subscription

If you don’t like our service or don’t like our style, no hard feelings. Hopefully you provide us with feedback so that we can learn as much as possible and can adjust what might have gone wrong but we know very well that the following quote is 100% true: “des goûts et des couleurs, on ne discute pas”. 


Because of this we want to make sure that you can cancel your subscription at any time! But we would also provide you with some information so that you know what the procedure is when you cancel your subscription.


Because we work with products that have a huge lifetime which allows us to re-use the flowers we of course want to make sure that we get the flowers that you received back from you. So when you want to cancel your subscription please reach out to us at hello@stays.green and tell us your order number, name, address and telephone number this way we can find your order in our system. We will then help you to make a return label. The cost of this return is on you as we cannot carry the cost of that return. Once the flowers are back at our warehouse we’ll check if everything still looks good. If they have not been returned in good conditions we’ll have to charge you an extra subscription month. This whole process will at least take 20 days as you need to contact us, send us the flowers back, we need to check the return package and we need to do the accounting to cancel your subscription. This means that you will most probably be charged at least 2 subscription months. 



Clause  12 Intellectual property

  1. Our website, logos, texts, photographs, names, and in general all our communications are protected by intellectual property rights either belonging to us or our suppliers or other claimants.
  2. It is forbidden to use and/or change any of the intellectual property rights as described in the present clause. So you may not copy nor reproduce for example drawings, photographs names, texts, logos, colour combinations, etc. …without our prior written and explicit consent.

Clause  13 Complaints procedure and conflicts

  1. We do hope that all our customers are always 100% satisfied. If nevertheless, you would have complaints concerning our services, please do not hesitate to contact us at hello@stays.green. We will do the utmost to deal with your complaint within 7 days.
  2. All contracts we conclude with our customers are, regardless of their place of residence, exclusively governed by Belgian law.  Only the courts of Belgium are competent to adjudicate with disputes arising out of or connected to these contracts. If as a result of international law the law of a different country applies, the interpretation of the current terms and conditions will in the first instance be done in accordance to Book VI of the Belgian Commerical Code.
  3. By way of Alternative Dispute Resolution measure, the Federal Service de Médiation des Consommateurs has been appointed to receive all demands of out of court settlement of consumer disputes. The Service will intervene directly or transfer your complaint to the appropriate service. You can contact the Service de Médiation des Consommateurs via this link: https://www.mediationconsommateur.be//en
  4. In case of a cross border dispute, you can contact the “Online Dispute Resolution” platform of the European Union via this link: https://ec.europa.eu/odr