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Terms & Conditions
Preamble
 
The Company, Brassimedia s.p.r.l. – FilRoses, is a Limited Risk Company with registered capital of eighteen thousand five hundred ninety Euros (18.590EUR). Its legally registered headquarters is 21, Rue Achille Motte, 1350 Orp-Jauche, Belgium. The Company’s VAT number is: BE0480 002 619
 
The Terms and Conditions of Sale set out in detail below apply to all orders submitted to Brassimédia-FilRoses for all its goods and services on offer except as may be otherwise agreed in writing in advance. The present general terms and conditions of sale will be systematically brought to the attention of all buyers so as to permit them to place their orders. Consequently, the placing of an order implies that the general terms and conditions of sale are accepted by the buyer in full and without reservations. Any contrary condition imposed by the buyer, unless expressly accepted, will be non-invocable on the seller regardless of the time that it may have been brought to his attention.
 
The fact that the seller does not at any given moment take advantage of any one of the present general terms and conditions of sale cannot be interpreted as a renunciation of his rights to take advantage of any of these terms and conditions at a later date.
 
FilRoses reserves the right to modify the present General Terms and Conditions without notice. The new and modified General Terms and Conditions will immediately be applicable except as regards orders already received by FilRoses, which are governed by the General Terms and Conditions valid on the date of the order.
 
Art. 1 – Prices
 
Our prices are indicated in Euros and include all taxes. They do not include handling and shipping costs (see Art. 7 – Delivery).
 
FilRoses may have reason to modify its prices at any time but is committed to invoicing its products on the basis of the rates in force at the moment the order is taken on condition of availability at that date and of actual payment of the order.
 
FilRoses may offer its customers one-off promotions.
Promotions are offered for specific dates and on limited stock.
FilRoses reserves the right to give priority treatment to orders settled by bank direct debit cards, as well as to cancel orders secured by bank transfers in case the funds are not received within 10 days.
 
The goods remain the property of FilRoses until complete payment of the invoice price.
 
Art. 2 – Orders
 
FilRoses offers its customers 2 methods of placing orders:
 
- By Internet, on the site www.filroses.com (online catalogue)
 
- By mail and/or fax (003219633928) by sending an Order and payment to: FilRoses – Service Commandes, rue Achille Motte 21  – 1350 ORP-JAUCHE - BELGIUM
Orders sent in by mail and by fax must be dated and signed.
 
In the case of orders placed within the terms of a promotion, the postmark will serve as evidence for an order sent in by mail.
 
2.1.  Information
The information provided by the buyer when placing an order is binding on him.
In case of error or incomplete data specifying the address of the recipient, FilRoses cannot be held responsible for failing to execute the delivery within the time period indicated when placing the order.
  
2.2.  Offers
Product offers are valid within the limits of available stock.
The photos of products presented on the site www.filroses.com are the most faithful reproductions possible. The Company cannot be held responsible for minor differences (disparity in colour, size…).
 
2.3.  Limitations
FilRoses reserves the right to suspend or to reject an order in the following cases:
- incomplete or incorrect order - communication of obviously incorrect data
- nonpayment of previous deliveries
- non-confirmation of payment via web banking by the administration in charge of technical execution of this type of payment (Ogone).
 
In case of ongoing disputes over issues other than payment – such as delays in delivery and quality of the product delivered -  FilRoses may have reason to review with the customer the conditions for processing a new order.
 
Art.3 – Validation
 
3.1. After the placing of an order, the fact that it has been ‘validated’ indicates the complete acceptance of the order, as well as acceptance of the present general terms and conditions of sale without any reservations.
 
The Customer receives in the mail a confirmation of his order.
 
3.2. Cancellations and modifications
To cancel or modify an order before it is shipped, contact the Orders Department (Service Commandes) by email to
info@filroses.com
FilRoses reserves the right to refuse cancellation or modification of an order if it has already been processed and is being shipped. In this case, and with respect to non-perishable articles, the customer can invoke the clause on withdrawal of an order (see Art. 3.3. below).
3.3. Period for renouncing an order
In accordance with the Belgian law of 06/04/2010 on commercial practices and consumer protection and information, the Customer has a period of 14 working days from the day after delivery of an order to notify the supplier that he renounces his order without penalty and without giving a reason. This right of renunciation does not pertain to a Customer acting as a merchant.
 
This notification of renunciation should be made by registered letter addressed to S.P.R.L Brassimédia-FilRoses - Service Clientèle, rue achille Motte, 1350 ORP-JAUCHE –
Belgium. Please indicate to us which article(s) is (are) given up by the Customer and will be sent back at the Customer’s expense in new condition and in its (their) original packaging.

In case of abuse of the returns procedure, FilRoses reserves the right to reject any later order.
 
-          Certain articles have specific conditions of transport, with weight and volume limitations. We appreciate your contacting Customer Service (mireille@filroses.com) in advance to verify the address to be used for returns and to give us your bank details for the purpose of reimbursement.
 
 - Then please send us back your article(s) in the original packaging within 14 days of your receiving them using the address indicated by Customer Service.
 
Within 30 days or less, you will receive reimbursement by bank transfer of the sum of the products purchased
By a simple request submitted to Customer Service, you can also choose to keep the amount of your order as a credit.
 
Your request for reimbursement can only be taken into account after the articles returned have arrived at FilRoses and on condition of their being in a good state. Products which are sent back by the customer in incomplete, damaged or soiled condition cannot be accepted as returns.
 
Art.4 – Availability
 
If one of the products ordered is out of stock and you have not accepted replacement of the ordered variety by a similar one, FilRoses reserves the right to divide up delivery of the articles depending on their availability. In this case, the handling costs will be taken into account just once.
 
Following the delivery of the first part of the order, within 10 days following delivery the customer can send FilRoses a request for reimbursement of the missing article by sending an e-mail to Customer Service via (mireille@filroses.com) and/or letter in the post (rue Achille Motte 21 – 1350 ORP-JAUCHE – Belgium). FilRoses will send the customer reimbursement of the price of the article plus a prorated share of the handling and delivery costs of the order. In the case of an order consisting of just one article, the handling and delivery costs will be reimbursed in full.
 
Art. 5 – Payment
 
The payment methods accepted by FilRoses are as follows:
- online, at the time of the order, via credit card (Visa, Eurocard, Mastercard) or bank direct debit card (Bancontact/Mistercash).
-  advance payment by bank transfer to the following account at  IBAN: BE98-0682-4414-5993 (BIC/SWIFT: GKCCBEBB).
 
Art.6 – Secure payment and data
 
6.1. Bank transactions
 - On line: transactions are secure thanks to the payment system Ogone (Secure Socket Layer).
When you enter your bank details, you are directly connected to the Ogone payments server. FilRoses does not know your bank card number and it is not saved on its server.
 
Moreover, all information exchanged with Ogone is encrypted using the SSL protocol and cannot be intercepted or modified.
At the end of the transaction, and before returning to the site of the merchant, Ogone Paiement provides you with an electronic ticket stating all the elements of the payment and the result of the request for bank authorisation (transaction accepted or cancelled).
 - By fax: by faxing an Order Form to +32 (0)19 63 39 28.
 - By post: by sending an Order Form to the address of FilRoses – rue Achille Motte 21 – 1350 ORP-JAUCHE – Belgium.
 
6.2. Hosting of the site
The site is hosted in a protected environment on the servers of our partner HOSTWAY.
 
6.3. Protection of consumers paying by bank debit card.
In order to guaranty that purchases are made in complete security, FilRoses has put in place all the procedures necessary for your protection against fraudulent use of your bank debit card.
 
 - A secure payment site
 - Verification and blocking orders identified as fraudulent
-          Verification and blocking IP addresses identified as fraudulent
-           
In case of fraudulent debit to your bank account, we recommend that you send a registered letter to your banking establishment as soon as possible in order to have them sort out the transactions indicated.
 
Art.7 – Delivery
 
Our rose bushes are delivered with bare roots. Delivery (apart from orders not concerning rose bushes) is made only during the period from November 15 to March 31. The orders are shipped by post or by another private transport company in the order they are received and to the extent of available stock. Orders paid by bank debit card are given priority processing. FilRoses reserves the right to delay or advance shipments depending on climatic conditions or information about disruptions in the postal network.
 
All problems with delivery should be written down on the delivery slip of the transport company or, failing that, should be indicated in writing to Customer Service within 48 hours by email to mireille@filroses.com  or by fax (+32(0)19 63 39 28).
 
Deliveries can be divided up depending on non-availability of part of the order. See Art. 4 of the general terms and conditions of sale.
 
7.1. Delivery charges
FilRoses provides delivery to the following delivery zones: Algeria, Austria, Belgium, Czech Republic, Israel, Egypt, France, Germany, Greece, Hungary, Ireland, Italy, Jordan, Latvia, Lithuania, Luxembourg, Denmark, Estonia, Finland, Malta, Monaco, Morocco, The Netherlands, Poland, Portugal, Slovakia, Spain, Sweden, Syria, Tunisia, United Kingdom, USA.
Handling and packaging costs are calculated according to the delivery country and depending on the number of articles purchased.
7.2. Information on delivery
In case of an incomplete address, an incorrect address, refusal of the addressee to accept the parcel or lack of information making it impossible to deliver the product to the recipient on time, FilRoses cannot be held responsible for the final quality of this delivery.
If this lack of information results in a second delivery attempt to the addressee, FilRoses may request that the customer pay the expenses relating to this second delivery attempt.
For orders categorised as ‘gifts’ or where ‘the delivery address is different from the invoice address,’ we recommend that you verify the delivery information concerning the person to contact for properly carrying out this delivery.

7.3. Absence of the addressee
In case the addressee is absent at the time of delivery and
 -  Delivery is being carried out by Coliposte or Chronopost: the delivery agent will leave a note of attempted delivery in the letterbox of the addressee. The addressee should then come to collect it at the address shown on the note.  
In the case of an order of rosebushes, collection should take place as soon as possible given the perishable nature of the products being delivered. In case of absence of the addressee and the parcel is set aside, FilRoses cannot be held responsible for the final quality of the delivery if the addressee is slow to collect his parcel from the office concerned.
- Delivery is being carried out by private transport firms: the delivery agent should contact the addressee on a portable or fixed line telephone that is confirmed by the person placing the order at the time of the order. If there is no response, the delivery agent will identify the best solution making it possible to complete the delivery in the best conditions and will leave a note of attempted delivery.
 
Art.8 – Service and Quality
 
8.1. Shipping
Your parcel is prepared on the day of shipping.
The service is available during the normal delivery period except for Sundays and holidays.
 
8.2. Quality, Freshness and Guaranty
The plants that we sell are produced by specialists under conditions that guarantee as far as possible that they will take root and grow in your garden.
FilRoses guaranties that these plants are authentic and have been packaged in the best conditions.
A gardener’s note accompanies our shipments: respecting this advice will enable you to grow your plants successfully.
 
FilRoses makes available to all its customers complete service with respect to gardening advice and an ‘advisory’ service is accessible by mail via a form available on the site www.filroses.com under the heading ‘FAQ’.
 
FilRoses cannot be held responsible for poor climatic conditions and/or geological conditions (poorly adapted terrain, soil of bad quality…) and of bad planting conditions that harm the good development of the plants which have been supplied.
 
If you believe that a plant has been delivered to you in bad condition or with an illness, FilRoses is committed to studying your request with the help of gardeners and experts and making use of photos that you have sent to Customer Service by e-mail to mireille@filroses.com) or by post (FilRoses – Service Clients - rue Achille Motte 21 - 1350ORP-JAUCHE – Belgium) and to proceed with replacement.
 
Art.9 – Customer Service
For any information or questions, our Customer Service department is at your disposal:
 - by post to the following address: FilRoses – Service Clients - rue Achille Motte 21 – 1350 ORP-JAUCHE – Belgium
 - Tel. : +32(0)474 56 47 17
 - Fax: +32(0)19 63 39 29
 - E-mail or via the contact form on the website www.filroses.com
 
Art.10 – Intellectual Property
All the texts, illustrations and photographs presented on the FilRoses website are protected by Intellectual Property rights. They are the exclusive property of FilRoses. All reproduction is strictly prohibited.
 
Concerning  photographs, special conditions have been arranged for magazines and professionals. These conditions are available on the website www.filroses.com under the heading ‘Photos’.
A user who has an internet site for personal use and, for such personal use, places on his site a simple link sending the visitor directly to any page of the FilRoses website will not thereby create any basis whatsoever for remuneration from  FilRoses. In all such cases, any link, even if authorised in writing, should be removed if so requested by FilRoses.
 
Any hypertext link sending the visitor to the FilRoses website and using the technique of framing or of in-line linking is formally prohibited.
 
Art.11 – Liability
Photographs and texts which have been reproduced and illustrating the products presented are the most faithful ones possible of the products being shipped to you. However, FilRoses cannot be held responsible for minor differences (disparity of colour, size…).
 
Some errors may enter the online catalogue but that cannot in any case engage the liability of FilRoses.  In case of disputes of whatsoever nature regarding the quality of its articles, the liability of FilRoses is limited to their replacement or their reimbursement, and excludes any other compensation and/or payment of damages.
 
FilRoses cannot be held responsible for failure to execute a contract in case of unforseeable and insurmountable events by a third party to the contract  (disturbances, total or partial strike, particularly of the postal services and transportation services and/or of communication, flood, fire…) or due to the fault of the customer.
Naturally, FilRoses is committed to doing the maximum to put in place a solution aiming at fulfilling the agreed contract as quickly as possible.
 
Hypertext links can send you to partner sites and they are solely responsible for their content.
 
Art 12 – Applicable Law / Legal Disputes
The present contract is governed by Belgian law.
The language of the present contract is French.
All differences of opinion relating to the use of the FilRoses website, to the quality of its articles or to the application and/or interpretation of the present general terms and conditions of sale will be exclusively governed by Belgian law and the courts of Nivelles will be solely competent.
 
Art 13 – Protection of Privacy
All of the Customer’s personal data collected by FilRoses are intended for internal use by FilRoses. These data can be communicated to organisations contractually linked to FilRoses. FilRoses is committed to honouring the law of 8/12/1992 concerning  protection of privacy. At all times, the Customer has the right to access and correct these data, as well as the right to express his opposition by sending an e-mail to mireille@filroses.com our or by writing to: FilRoses – Service Clients - rue Achille Motte 21 – 1350 ORP-JAUCHE – Belgium. Further information regarding protection of privacy in computer processing can be obtained from the public records  (Commission de la Protection de la Vie Privée, Ministère de la Justice, Boulevard de Waterloo, 115, 1000 Bruxelles – Belgique).
 
Art 14 – Dispatch of the general terms and conditions of sale
Our general terms and conditions of sale can be checked online.
 
If you wish to receive our general terms and conditions of sale in writing, please send a request by e-mail or using the contact form on our site www.filroses.com and giving your name and address. Please note: the dispatch of general terms and conditions of sale is made solely by electronic mail.
 


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Brassimedia SPRL, Rue A. Motte 21 - 1350 Orp-le-Grand (BE) - BE 0480.002.619 - Tel. +32474564717