- These Service Providers Terms and Conditions (hereinafter: "Service Providers' Terms and Conditions") apply to all Service Providers who wish to offer a service via the digital platform Floriday (hereinafter: "Floriday") and also apply to the use of and participation in Floriday and all related (legal) acts.
- These Service Providers Terms and Conditions apply to the legal relationship between Users and Service Providers as well as to the legal relationship between Royal FloraHolland and Service Provider, insofar as these Service Providers Terms and Conditions do not expressly provide otherwise.
Definitions
These Service Providers Terms and Conditions apply to the legal relationship between Users and Service Providers as well as to the legal relationship between Royal FloraHolland and Service Provider, insofar as these Service Providers Terms and Conditions do not expressly provide otherwise.
- Commission: order placed by the User with Service Provider, which Service Provider has accepted to perform.
- Carrier: a carrier is a Service Provider whose purpose is to offer logistics services via Floriday.
- Transport order: a transport order is an order for the transport of Products that have been purchased or sold via Floriday, which has been offered via Floriday on behalf of the Carrier and accepted by the Buyer and/or Seller.
- Transport Status: Feedback to Floriday of the status of the Transport Order.
Use Floriday
- The General Terms and Conditions and the API Terms and Conditions of Floriday apply in full to the use of Floriday.
- If the Service Provider violates the General Terms and Conditions part 1 or any provisions of the Service Provider Terms and Conditions or if several complaints have been received from Users, Floriday may (partially) exclude Service Provider from using Floriday.
- Floriday's purpose is to provide a platform where a Service Provider and a User can communicate and/or enter into an agreement.
- Floriday is not a party to the agreement between the User and the Service Provider. Floriday only provides the platform and facilitates the contact between the User and the Service Provider. Floriday is not responsible for the (fulfilment of the) agreements between the User and the Service Provider. Unless expressly stated otherwise or agreed.
- If the User and Service Provider are not satisfied with the execution of the Assignment, they must mutually come to a solution.
The Assignment
- The Assignment between the User and the Service Provider is concluded when the User places an order with the Service Provider via Floriday, or has placed it on Floriday via an App.
- If the Service Provider carries out the Assignment, it thereby accepts full responsibility for the correct execution of the Assignment.
- The Service Provider carries out its work independently and is completely independent in executing the Assignment. The Service Provider will carry out the assignment at its own discretion and without supervision or direction from Floriday.
- Floriday expressly agrees that Service Provider may also carry out assignments on behalf of other platforms.
- After the fee for Floriday is settled, payment to the Service Provider will be made as set out in these Service Provider Terms and Conditions.
- The fees for the Assignment are listed on the Floriday website.
- All fees for the Assignment on the Website are shown exclusive of VAT, but paid including VAT. The Service Provider is solely responsible for any payment of taxes and premiums.
- Floriday cannot be held responsible for unforeseen costs incurred by the Service Provider during the performance of the Assignment.
Liability
- Floriday is not liable for direct or indirect damage for the use of Floriday or Assignments arising from Floriday. Such as, but not limited to:
- Damage suffered by Service Provider as a result of incorrect information on Floriday;
- Damage suffered by Service Provider as a result of incorrect information on Floriday;
- The proper functioning of (hyper)links on the Website;
- Floriday has no influence on the information that Users post on Floriday and the information. Floriday is not liable for this information. Floriday is also not liable for incomplete or incorrect information as a result of incorrect transmission of this information. - Floriday will not actively monitor the information that Users post on Floriday. However, Floriday may delete information on Floriday after notification if it is unlawful, in violation of these Service Providers Terms and Conditions or the General Terms and Conditions, or unlawful in any other way.
Carriers
Access and provision of services via Floriday:
- The Seller and/or the Buyer may accept a Transport Order that has been submitted by a Transport Provider via Floriday. The Seller and/or Buyer is the client of a Transport Order. The Carrier is the contractor of the Transport Order.
- The Seller and/or Buyer reserve the right to amend and/or revoke the Transport Order before the execution of the Transport Order has started, without being obliged to pay any compensation.
- Royal FloraHolland and/or Floriday is not a party to a Transport Order between the Seller and/or the Buyer and the Carrier. If a Transport Order is concluded between a Seller and/or Buyer and the Transporter, this will in no way create any rights vis-à-vis Royal FloraHolland. Royal FloraHolland bears neither any responsibility nor any liability for the content and execution of a Transport Order.
Transport order
- The Transport Order must contain at least but not limited to the following information: pick-up location, unloading location, desired delivery date/time and number of carts.
- The Carrier may offer Transport Orders on Floriday free of charge, if the Carrier provides feedback on Transport Status. If the Carrier is unable to provide feedback on Transport Status to Floriday, a rate will apply.
Service Provider Terms of Floriday, version juli 2024
