Terms of service

These terms consist of three parts. Part A applies to everyone. Part B also applies to consumers who buy through our webshop or take out a flower subscription. Part C also applies to business customers and to custom projects.

Part A – General provisions

Article 1. Identity

Stays BV Tramstraat 18, 9070 Heusden, Belgium Company and VAT number: BE 0672.875.637 Email: hello@stays.green Phone: +32 474 47 11 47

Article 2. Scope

  1. These terms apply to all offers, orders, deliveries and contracts of Stays.
  2. A consumer is any natural person acting for purposes outside their trade, business or profession. A business customer is any other customer.
  3. Deviating terms of the customer only apply if Stays accepts them expressly and in writing.
  4. Each order is governed by the version of these terms in force at the time of the order. You can always view, save and print these terms on our website.
  5. If these terms are available in several languages, the Dutch version prevails in case of differences in interpretation, unless another version is more favourable to the consumer.

Article 3. Products and product information

  1. We describe our products as accurately as possible. Our compositions are arranged by hand by florists. Small differences in colour, shape or arrangement compared to the photos are therefore possible and do not constitute a defect.
  2. Colours on a screen may differ from the actual colours.
  3. An obvious error in price or product information, which an average customer should reasonably have noticed, does not bind Stays. In that case we will inform you as soon as possible and refund any amount paid in full.
  4. For some products and installations we use natural elements, such as tree bark. These are carefully selected but may naturally show small irregularities or natural influences. We mention the use of natural materials in the product description or quote.
  5. Silk flowers may fade with prolonged exposure to direct sunlight, moisture or heat. We provide care advice with your order. Damage caused by not following this advice is not covered by the guarantee.

Article 4. Intellectual property

  1. Our website, logos, texts, photos, designs and compositions are protected by intellectual property rights of Stays or its suppliers.
  2. You may not copy, distribute or use them commercially without our prior written consent.

Article 5. Force majeure

  1. Force majeure means circumstances beyond our will and control that make performance of the contract wholly or partly impossible, such as strikes, fire, natural disasters, disruptions of energy or communication networks, or non-delivery by suppliers or carriers.
  2. In case of force majeure we may suspend performance for as long as it lasts. If it lasts longer than 30 days, either party may terminate the contract free of charge. Any amount already paid for products not delivered will be refunded.

Article 6. Privacy

We process your personal data in accordance with our privacy policy, available on our website.

Article 7. Complaints, governing law and disputes

  1. You can submit complaints about our service to hello@stays.green. We respond as soon as possible and no later than 7 working days.
  2. All contracts are governed by Belgian law. Consumers residing outside Belgium keep the mandatory protection of the law of their country of residence.
  3. Consumers can seek an out-of-court solution through the Belgian Consumer Mediation Service, North Gate II, Boulevard du Roi Albert II 8 box 1, 1000 Brussels, www.consumentenombudsdienst.be.
  4. Disputes with consumers are settled by the court competent by law. Disputes with business customers fall under the exclusive jurisdiction of the courts of the judicial district of East Flanders, Ghent division.

Part B – Consumers: webshop and flower subscription

Article 8. Ordering and conclusion of the contract

  1. You must be at least 18 years old to order. If you are younger, please ask a parent or guardian to order.
  2. You order by adding products to your basket, entering your details, choosing a delivery method, accepting these terms and confirming your order with the "Order with obligation to pay" button or a similar button.
  3. The contract is concluded once we confirm your order by email and your payment has been approved.
  4. We may refuse an order for a valid reason, such as suspected fraud, an incomplete or incorrect order, or a delivery address outside our delivery area. Any amount paid will then be refunded in full.

Article 9. Prices

  1. Our prices are in euros and include VAT.
  2. Delivery costs and any extra options are clearly stated before you confirm your order.
  3. The price in force at the time of your order is final, except in case of an obvious error (article 3.3).

Article 10. Payment

  1. Webshop orders are paid in advance, using one of the payment methods offered on the website.
  2. Payments are processed over a secure connection. We do not have access to your full card details.

Article 11. Delivery

  1. We deliver worldwide, to the countries available in our checkout. The flower subscription is only available in East Flanders. For deliveries outside the European Union, customs or the carrier may charge import duties, local taxes and clearance fees. These are at the customer's expense.
  2. The delivery time is stated with the product or in your order confirmation. For products in stock this is usually up to 10 working days. Unless agreed otherwise, we deliver no later than 30 days after the order.
  3. If we do not deliver on time, you may give us a reasonable additional period. If we still do not deliver, you may terminate the contract free of charge and we will refund everything within 14 days.
  4. The risk of loss or damage passes to you when you, or a person designated by you, receive the products.
  5. Please check your order on receipt. Report transport damage or an incorrect delivery as soon as possible, preferably within 3 days, with photos. This does not affect your legal rights.
  6. An incorrect or incomplete delivery address, or a parcel that is not collected, results in extra costs that we may charge to you.

Article 12. Right of withdrawal

  1. As a consumer you have a right of withdrawal of 14 calendar days from the day after you receive your order.
  2. The conditions, how to withdraw, the return costs (at your expense), the refund, the loss in value and the exceptions are set out in our returns and withdrawal policy. That policy forms an integral part of these terms.

Article 13. Conformity and legal guarantee

  1. We guarantee that our products conform to your order and have the characteristics you may reasonably expect.
  2. You have a legal guarantee of 2 years from delivery for defects that existed at delivery. A defect that appears within 1 year of delivery is presumed to have existed at delivery, unless proven otherwise.
  3. Report a defect within 2 months of discovering it, to hello@stays.green, with photos and your order number.
  4. In case of a defect you are entitled to free repair or replacement. If that is impossible or disproportionate, or cannot be done within a reasonable time, you are entitled to a price reduction or to terminate the sale.
  5. The guarantee does not cover damage caused by normal wear and tear, incorrect or improper use, your own modifications (such as cutting or bending stems), accidents or not following our care advice.

Article 14. Liability

  1. We are liable for damage that is the direct result of a shortcoming on our part, within the limits of the law.
  2. We are not liable for damage caused by incorrect use of our products or by not following our instructions.
  3. These limitations do not apply in case of intent or gross negligence by Stays, and do not affect your rights under the legal guarantee or mandatory law.

Article 15. Flower subscription

  1. With a flower subscription you rent flowers and vases from Stays. About every 2 months we deliver a seasonal bouquet with a vase and take back the previous bouquet.
  2. You order a subscription by email at hello@stays.green or by phone. The subscription is only available in East Flanders.
  3. The rented flowers and vases remain the property of Stays. You may not modify them permanently, for example by cutting or bending stems.
  4. At each exchange and at the end of the subscription you return the flowers and vases in the same condition, apart from normal wear and tear. Damaged, modified or missing items are charged at the webshop price in force at that time.
  5. The subscription is concluded for a period of 1 year. You can cancel it with effect from the end of that period by email to hello@stays.green, with one month's notice. If you do not cancel, the subscription continues after the first year for an indefinite period, and you can cancel it at any time with one month's notice. We will remind you before the end of the first year of the renewal and of your right to cancel. After the end, we collect the flowers and vases.
  6. For withdrawal from a subscription, see section 8 of our returns and withdrawal policy.

Article 16. Gift vouchers

  1. A gift voucher is valid for 1 year from the date of purchase. The expiry date is stated on the voucher.
  2. A gift voucher cannot be exchanged for cash. If partially used, the remaining balance stays valid until the expiry date.
  3. A paper gift voucher is subject to the same delivery and withdrawal terms as other products in our webshop.

Part C – Business customers and custom projects

This part applies to business customers and to custom projects, such as installations, large compositions and volume orders on quotation. Articles 20 to 24 apply only to business customers. For consumers, mandatory consumer protection always continues to apply.

Article 17. Quotes

  1. Our quotes are valid for 30 days, unless stated otherwise.
  2. The contract is concluded after written acceptance of the quote by the customer and payment of the requested deposit, or after written confirmation by Stays.
  3. Prices in quotes to business customers exclude VAT. Prices in quotes to consumers include VAT.
  4. Unless stated otherwise, transport, installation, packaging and administration costs are not included.

Article 18. Execution and on-site installation

  1. The customer ensures that the delivery or installation site is easily accessible and reports any restriction in advance, such as stairs, limited access or parking restrictions.
  2. The customer makes the preparations Stays has communicated in writing in advance.
  3. If the site is difficult to access without prior notice, or the preparations have not been made, Stays may suspend the work or charge the extra time at EUR 70 per hour excluding VAT (EUR 84.70 including VAT).
  4. The customer provides a place where waste from the installation can be left, unless agreed otherwise.
  5. Stays may use subcontractors to carry out the work.
  6. Execution times are indicative, unless a fixed date has been expressly agreed.

Article 19. Cancellation of a custom project

  1. If a business customer cancels an accepted order, it owes a fixed compensation of 30% of the total price, or the actual costs incurred and hours worked if these are higher.
  2. If a consumer cancels an accepted order, we charge the actual costs incurred and hours worked, up to a maximum of 30% of the total price. If Stays cancels an accepted order without valid reason or force majeure, Stays pays the consumer compensation under the same rule.

Article 20. Invoicing and payment (business customers)

  1. Invoices are payable within 30 days of the invoice date, unless another due date is stated on the invoice.
  2. In case of non-payment on the due date, interest of 1% per month is due by operation of law and without notice of default, as well as a fixed compensation of 10% of the outstanding amount with a minimum of EUR 65, without prejudice to the right to claim higher compensation upon proof.
  3. If one invoice is not paid, all other outstanding invoices become immediately due and Stays may suspend current orders.
  4. If the customer's financial situation or payment behaviour gives reason to do so, Stays may request advance payment or other security.
  5. Collection costs, judicial and extrajudicial, are borne by the customer, within the limits of the law.

Article 21. Price adjustment (business customers)

If cost prices rise significantly between the quote and delivery due to circumstances beyond our control, such as import duties, raw material prices or government measures, Stays may adjust the price accordingly.

Article 22. Complaints about defects (business customers)

  1. Visible defects, including discolouration, must be reported in writing no later than 8 days after delivery and before the products are put into use.
  2. Hidden defects must be reported in writing and in detail within 8 days of discovery.
  3. An accepted defect is repaired or the product is replaced. If repair costs are disproportionate, Stays may take back the product and refund the price.
  4. The customer loses its rights if it has modified, repaired or treated the products without Stays' consent, for example with fire retardants. Stays does not guarantee that its products are fire retardant.
  5. A complaint does not suspend the obligation to pay.

Article 23. Liability (business customers)

  1. Stays' liability is limited to repair or replacement of the defective product, and in any case to the invoice amount of the delivery concerned.
  2. Stays is not liable for indirect damage, such as loss of profit, loss of turnover, loss of production or third-party claims, nor for the specific use the customer makes of the products.
  3. The transport risk lies with the business customer from dispatch of the goods, unless Stays delivers and installs them itself.
  4. These limitations do not apply in case of intent or gross negligence by Stays.

Article 24. Retention of title (business customers)

The delivered products remain the property of Stays until the full price, including interest and costs, has been paid.