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Conditions of Use Conditions of Use

www.flowers4germany.de
Proprietor: Andreas Kees
Münchner Freiheit 7
80802 München
Germany
Phone / Fax +49 (89) 33 14 34
eMail: info@flowers4germany.de
UStIdNr.: DE201863296

General Terms and Conditions
Please read through our General Terms and Conditions carefully before you place an order. If you need any further advice or help, please get in contact with us at any time.

§ 1 Area of Validity
All offers and services of flowers4germany.de are exclusively effected on the basis of these General Terms and Conditions. Same will be subject to all further business connections as well, even if they are not explicitly agreed upon once again.

§ 2 Prices
All prices are final prices and already include the valid VAT, 7 % at present.
The prices being valid upon order placement are applicable.
You will be informed about short-term offers in the shop.

§ 3 Conclusion of a Contract
By clicking the button “Order” the customer places a binding order. Same will be accepted by flowers4germany.de after confirmation of payment (in case of payment via credit card as a rule immediately online). The customer explicitly waives the receipt of the declaration of acceptance. flowers4germany.de confirms the order by sending an e-mail to the e-mail address provided for by the customer. The only purpose of this measure is to inform the customer and this e-mail is not a confirmation of acceptance. The contract will be concluded in German.
If the ordered goods are not available, flowers4germany.de has the right to effect a performance being equivalent to quality and price.
The right to object according to § 355 BGB is excluded, since flowers are goods which are - due to their consistency - not suitable for a return consignment resp. might wither quickly.

§ 4 Conditions of Delivery and Payment
An interest in execution of the order only exists after receipt of payment.
With flowers4germany.de you can send flowers throughout Germany.
The customer is responsible for the provision of the correct and complete delivery address as well as delivery date.
Modifications regarding the place and date of delivery are free of charge as long as there will not have been effected any try to deliver the goods resp. as long as no courier will have been ordered.
The passing of risk (e.g. in case of accidential loss) is effected as soon as the consignment will be handed over to the person effecting the delivery.
If the flowers are delivered and the addressee should not be present, flowers4germany.de cannot be held responsible for.
In this case flowers4germany.de resp. the authorized courier will be entitled to pass the flower consignment over to a third party who seems to be able to forward same to the addressee. The same rule is applicable to accessories (greeting cards, presents, etc.) which have been accepted to be delivered.
If this might not be possible, DHL will leave a corresponding notice for the addressee.
flowers4germany.de solely guarantees the delivery date, the delivery times are approximate details.
If we receive your order and payment the previous day, it is possible to effect deliveries for orders placed from Tuesday to Saturday until 4:00 p.m.. For goods to be delivered on Mondays you have to effect order placement and payment on Saturday until 1:00 p.m..We will inform you immediately in case of delays in delivery.
If you have special requests concerning the delivery date, please contact us by e-mail under info@flowers4germany.de or by phone under +49 89 331434.
If the ordered goods are not available on the date agreed upon for delivery, flowers4germany.de reserves the right to deliver flowers being equivalent to price and quality.

§ 5 Guarantee
flowers4germany.de is committed to the precise handling of your order.
Our guarantee includes " the delivery of fresh flowers of perfect quality " on the agreed date.
72 hours after delivery we take over a 3 days guarantee concerning the quality of the flowers and will effect performance in kind, if the rejected goods or plants are presented with us within this term. Extensive warranty claims are excluded.

§ 6 Individuality
The product photos in our Internet shop are exemplary. In individual cases the flowers can differ from the photos. We are of course depending on our suppliers. However, we guarantee you absolutely identical goods.

§ 7 Liability
Any claims for damages against flowers4germany.de are excluded as far as the damage was not caused grossly negligent or intentional. Our liability is limited to the order value at any rate.
flowers4germany.de will also only take over liability for damages araising from the typical problems relating to the Interet (e.g. loss of personal data), if same concerns at least gross negligence.

§ 8 Data Protection
The personal data regarding order handling of flowers4germany.de are stored, processed and transferred. We will observe and protect the legal regulations of data protection, especially the Federal Data Protection Act.

§ 9 Other
Modifications or supplements of the General Terms and Conditions will only become applicable if stipulated in writing. This is also valid concerning the waiver of the requirement of writing itself.
In case a term of the General Terms and Conditions is or will become invalid, the validity of the General Terms and Conditions in other respects will not be affected. The parties to the contract commit themselves to replace the ineffective rule with a term corresponding to the economic purpose of the contract.
The law of the Federal Republic of Germany is applicable to the contractual relationship of the parties. The UN-Convention on Contracts for the International Sale of Goods is implicitly excluded.
For traders, legal persons and customers who do not have a general place of jurisdiction within Germany, the place of jurisdiction determined for all mutual claims and liabilities will be Munich.

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