Terms & conditions General Binding Declaration

Definitions

1.1) In these Terms and Conditions, the following definitions apply:

• “AVV” (Generally Binding Declaration): the decree issued by the Ministry of Agriculture, Fisheries, Food Security and Nature regarding the ‘Collective Communication Program for Floricultural Products 2025–2027’ and its financing for the period from January 1, 2025, to December 31, 2027;
• “BBH”: Stichting Bloemenbureau Holland, the implementing organisation that has been mandated under the AVV to collect the financial contributions for the Collective Communication Program for Floricultural Products 2025–2027;
• “Company” or “Companies”: the Wholesaler and/or Grower;
• “Measured Turnover”: for the Grower, the annual gross production turnover in cut flowers and houseplants falling within the categories mentioned in the AVV. For the Wholesaler, the total company turnover;
• “Wholesaler”: the natural or legal person operating a business in flowers and plants, flower cultivation and floricultural products, as further defined in the AVV;
• “Grower”: the natural or legal person operating a business with the activity of cultivating floricultural products under permanent structures of glass or plastic or in open ground, as further defined in the AVV;
• “Parties”: BBH, Growers and/or Wholesalers;
• “Terms and Conditions”: these general AVV terms and conditions of BBH.

Applicability

2.1) These Terms and Conditions apply to all actions between BBH and Companies falling under or arising from the AVV. The AVV and the rights and obligations of the Parties contained therein remain fully applicable.

2.2) BBH reserves the right to unilaterally amend or supplement these Terms and Conditions. Changes take effect 14 days after written notification (including via email).

2.3) If one or more provisions of these Terms and Conditions are found to be void or are annulled, the remaining provisions shall remain in full force, and the Parties shall, to the extent possible, replace the invalid provisions with new ones that reflect the intent of the original.

2.4) In the event of conflicts between these Terms and Conditions and the AVV, the AVV shall prevail.

Registration Obligation and Annual Data Submission

3.1) Growers with a Measured Turnover of EUR 100,000 or more and Wholesalers with a Measured Turnover of EUR 300,000 or more are required to register with BBH. Growers and Wholesalers whose Measured Turnover falls below these thresholds must report this via the “Non-AVV Liable Registration Form” (link located on the registration form).

3.2) The registration referred to in Article 3.1 must, for 2025 (the first year of the AVV), exceptionally be completed within one month after the Company is invited to do so by BBH via letter, email, or otherwise, and further within one month after the Company meets the turnover criteria.

3.3) Companies must submit their projected turnover for the upcoming year to BBH by January 15 of the relevant year at the latest, and the final measured turnover by January 31 of the following year (e.g., projected turnover for 2026 must be submitted by January 15, 2026, and final turnover for 2025 by January 31, 2026). If during the year the Company expects or has reason to believe the actual turnover will exceed the projected turnover by more than 15%, it must notify BBH.

3.4) Companies must report any changes to their registered information to BBH within one month of the change.

3.5) Companies are required to provide BBH with all documents (including a copy of the auditor’s statement regarding realized product sales or a printout from an ERP system) requested by BBH for verifying the submitted turnover data.

3.6) If a Company fails to provide the information as referred to in Article 3.3 in time, or if BBH suspects that the data submitted under Article 3.5 is incorrect, BBH will notify the Company. If the Company fails to respond within 6 weeks or if the response is, in BBH's opinion, insufficient, BBH may apply an estimated turnover.

3.7) The registration, annual data submission, and notification of changes as referred to in this article must be submitted digitally to BBH via Registration Form.

Payment of Financial Contribution

4.1) Growers with a Measured Turnover of EUR 100,000 or more and Wholesalers with a Measured Turnover of EUR 300,000 or more are required to pay the mandatory financial contribution as calculated in accordance with the AVV, on time and in full to BBH.

4.2) BBH will send an advance invoice to Companies based on – at BBH’s discretion – the Company’s projected turnover for the relevant year, or the projected or final turnover of the previous year. After receiving the final measured turnover, BBH will send a final invoice.

4.3) Companies must pay the mandatory financial contribution within 30 days of the invoice date.

4.4) For invoices with an amount less than €250, invoices may be combined into collective invoices covering multiple periods.

4.5) The Grower or Wholesaler is not entitled to offset the mandatory financial contribution against claims they believe they have against BBH.

4.6) If a Company fails to pay the mandatory financial contribution in full and on time as stipulated in Article 4.3, the Company shall be in default immediately and without further notice. From that moment, BBH is entitled to charge statutory commercial interest (in 2025: 11.15%) on the unpaid amount, calculated from the due date. Imposing interest does not affect the obligation to pay the full contribution.

4.7) All judicial and extrajudicial collection costs shall be borne by the Company that fails to pay in full and on time. Charging such costs does not affect the obligation to pay the full contribution. .

Liability

5.1) BBH shall never be liable for any direct or indirect damage suffered by a Company as a result of any act or omission by BBH under these Terms and Conditions and/or the AVV, unless the damage was caused by intent or deliberate recklessness on its part.

5.2) If a Company fails to comply with one or more obligations under these Terms and Conditions and/or the AVV, even after notice if required, the Company is in default and BBH shall be entitled to an immediately payable fine of EUR 3,750, in addition to all other statutory rights, including a claim for performance and/or compensation.

Applicable Law and Jurisdiction

6.1) These Terms and Conditions are governed exclusively by Dutch law.

6.2) All disputes arising from or related to these Terms and Conditions shall, in the first instance, be submitted to the competent court in Amsterdam, without prejudice to BBH’s right to bring the matter before another court with jurisdiction under the law or applicable treaty.