General Terms and Conditions

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 are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

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

2 Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with FlowersDeluxe Einzelunternehmen.

By placing the products in the online shop, we submit a binding offer to conclude a contract for these products. You can initially 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 in the order process. The contract is concluded when you accept the offer for the products contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3 Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English

We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login.

4 Subject matter of the contract

4.1 Product description

Reference is made to the validity of the respective product description as an integral part of the contract.

4.2 Product images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you are unsure, please contact us:

Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actualproductcolours are possible .

5. terms of delivery

Delivery options

We ship the products to the delivery address specified in the order process.

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

We do not deliver to packing stations.

6 Payment

6.1 Prices

The prices stated at the time of ordering apply. These are total prices and include statutory VAT.

6.2 Due date and default of payment

The price is due upon conclusion of the contract, unless a later date is specified in the following terms of payment.

The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of EUR 1.50 per reminder for the second and each subsequent reminder. You reserve the right to prove that the damage incurred is lower. Further claims remain unaffected by this.

The following applies to entrepreneurs: In the event of late payment, we reserve the right to charge you the statutory default interest of nine percentage points above the base interest rate and a lump sum of 40 euros. Further claims remain unaffected by this.

6.3 Payment methods

The following payment methods are generally available in our shop.

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

Credit card
You enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.

SEPA Direct Debit Scheme
When you place your order, you issue us with a SEPA direct debit mandate. We will inform you of the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and 24 and 31 December of each year. The account is debited before the goods are dispatched.

Apple Pay
To be able to pay the invoice amount via the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found in the respective payment option and in the order process.

Purchase on account via Klarna
The invoice amount is due 30 days after dispatch of the goods and receipt of the invoice.

Klarna can offer registered Klarna customers, selected according to their own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with Klarna. You can find further information on this in your Klarna account.

Klarna direct debit
You issue Klarna with a SEPA direct debit mandate. Klarna will inform you about the date of the account debit (so-called prenotification). The account will be debited after the goods have been dispatched.

PayPal, PayPal Express
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process.

PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment via PayPal does not require registration with PayPal. Further information can be found in the respective payment option and in the order process.

PayPal, PayPal Express
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.

Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you issue PayPal with a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account will be debited before the goods are dispatched.

Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, legitimise yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions during the ordering process.

7. right of cancellation

You are entitled to the statutory right of cancellation as described in the cancellation policy.

8 Retention of title

The product remains our property until full payment has been received.
For entrepreneurs, the following also applies: We reserve title to the product 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 if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

9. transport damage

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

10 Warranty and guarantees

10.1 Warranty for defects

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following restrictions and shortened time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health
in the event of wilful or grossly negligent breach of duty and fraudulent intent
in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the scope of a guarantee promise, if agreed, or
insofar as the scope of application of the Product Liability Act is opened.

Restrictions vis-à-vis entrepreneurs

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 accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and has caused its defectiveness.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Note to merchants

The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated 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.

10.2 Guarantees and customer service

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.

11 Liability

We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health,
in the event of wilful or grossly negligent breach of duty,
in the case of guarantee promises, if 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 essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

12. agreement on the use of Trusted Shops buyer protection

You can protect orders placed with us free of charge up to an order value of 100 euros via the buyer protection of Trusted Shops AG. In addition, Trusted Shops, together with a guarantor, offers a fee-based protection. The Trusted Shops buyer protection conditions apply, which you can find here. The buyer protection is concluded by clicking on the correspondingly labelled button on the so-called Trustcard, which appears as a pop-up on the order thank you page after an order has been completed. If you are already registered for buyer protection, your order will be automatically protected (automatic buyer protection) without you having to click on the button. In order to be able to offer you (automatic) buyer protection, the Trustcard must access order data that is stored in the cache of your browser. For this purpose, a hash value of your e-mail address as well as the order number and order total are transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be automatically secured. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the buyer protection conditions linked above.

13. dispute resolution

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

14. protection of minors

If your order includes products whose sale is subject to age restrictions, we use a reliable procedure including a personal identity and age check to ensure that the customer has reached the required minimum age. If a delivery is made, the deliverer will only hand over the goods after an age check has been carried out and only to the customer personally.

15. final provisions

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

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

GTC created with theTrustedShops legal text editor