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Terms and conditions

General Terms and Conditions of Business

1. scope of application

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.

The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. contracting party, conclusion of contract

The contract of sale is concluded with FlowersDeluxe Einzelunternehmen.

By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail. 3.

3. contract language, contract text storage

The language available for the conclusion of the contract is German.

We store the text of the contract and send you the order data and our General Terms and Conditions in text form. You can view the text of the contract in our customer login.

4. delivery conditions

Shipping costs will be added to the stated product prices. You can find out more about the shipping costs in the offers.

We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.

We do not deliver to packing stations.

5. payment

The following payment methods are available in our shop:

Prepayment
If you choose payment in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal Plus
Within the framework of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.

If you have chosen the PayPal payment method, you must be registered there or register first and legitimise yourself with your access data in order to pay the invoice amount. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.

Credit card via PayPal
If you have chosen the credit card payment method, you do not have to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder and your card will be charged. You will receive further instructions during the ordering process.

Direct debit via PayPal
If you have chosen the direct debit payment method, you do not have to be registered with PayPal to pay the invoice amount. By confirming the payment instruction you give PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.

Invoice via PayPal
If you have chosen the payment method Invoice, you do not have to be registered with PayPal to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claim to PayPal. In this case, you can only pay PayPal with debt-discharging effect. For payment processing via PayPal - in addition to our GTC - the GTC and the privacy policy of PayPal apply. Further information and the complete PayPal terms and conditions for purchase on account can be found here.

Sofort by klarna
After placing your order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

6. right of withdrawal

Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. retention of title

The goods remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.

8. transport damages

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or to contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

9 Warranty and guarantees

Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects occurring within one year of delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The aforementioned restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases
- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, insofar as agreed
- insofar as the scope of application of the Product Liability Act is opened.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

 

10 Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty
- in the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.