- Conclusion of contract and offers
- Storage of the contract text
- Prices and shipping costs
- Delivery and availability of goods
- Retention of title
- Limitation of Liability
- Final provisions
The following General Terms and Conditions (GTC) govern the contractual relationship between Elke Fiebig (flora & farbe), hereinafter referred to as the seller, and consumers who purchase goods via floraundfarbe.de/shop.
Deviating conditions of the customers are not recognized unless they are expressly agreed.
Consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity. (§ 13 BGB).
The contract language is German.
2. Conclusion of contract and offers
The offers in the online shop represent a non-binding invitation to place an order. Service descriptions are not an assurance, all offers are valid while stocks last, unless expressly stated otherwise. Errors are reserved.
Customers can place one or more products in the shopping cart without obligation and delete products / edit the number in the shopping cart. In the course of the ordering process, the necessary data and requests for payment and delivery are given. Only when you click on the "Buy now" button is a binding offer to conclude a purchase contract.
With the order confirmation sent immediately by e-mail, acceptance of the offer is also declared and the purchase contract is thus concluded.
If, despite the due date, the seller has not received the payment by 10 calendar days after sending the order confirmation, even after a renewed request, the seller withdraws from the contract. The order is then invalid and the seller has no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the article for prepayment is therefore made for a maximum of 10 calendar days.
3. Storage of the contract text
The order with the details of the concluded contract (such as the type of product, price, etc.) is saved by flora & farbe. The customer can print out the contract text before submitting the order to the seller by using the browser's print function in the last step of the order.
In the automatic order confirmation to the specified e-mail address, the customer receives not only all order data, but also a copy of the terms and conditions with cancellation policy and information on shipping costs as well as delivery and payment conditions.
Registered customers can access past orders via the customer login area (My Account).
4. Prices and shipping costs
All prices stated include the legally applicable value added tax.
In addition to the prices stated, the seller charges shipping costs for delivery. The shipping costs are clearly stated on a separate page ("Shipping and Payment") and during the ordering process.
5. Delivery and availability of goods
Delivery takes place after receipt of the invoice amount, unless expressly agreed otherwise.
If the delivery of the goods fails due to the fault of the buyer despite multiple delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed immediately by the seller.
The delivery takes place on the dispatch route to the delivery address specified in the order processing, unless otherwise agreed. Deviating from this, when choosing the PayPal payment method, the delivery address stored with PayPal at the time of payment is decisive.
If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller.
Information about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) is provided on a separate information page or, if applicable, in the respective product description.
If the ordered product is not available, for example due to delivery bottlenecks over which the seller has no influence, the seller can withdraw from the contract. In this case, the customer will be informed immediately. The delivery of a replacement product can be agreed, otherwise the seller will immediately reimburse payments already made.
You can choose from the available payment methods as part of and before completing the order process. Customers are informed about the available means of payment on a separate information page.
For all payment methods, payment must be made in advance without any deductions.
If third-party providers are commissioned to process payments, e.g. PayPal. their general terms and conditions apply.
7. Retention of title
If the seller makes an advance payment, the goods delivered remain the property of the seller until they have been paid for in full.
The guarantee is determined according to legal regulations.
9. Limitation of Liability
he seller excludes liability for slightly negligent breaches of duty, provided that these do not relate to essential contractual obligations, damage from injury to life, limb or health, guarantees or claims under the Product Liability Act (ProdHaftG).
The same applies to breaches of duty by their vicarious agents and their legal representatives. The essential contractual obligations include, in particular, the obligation to hand over the item to the customer and to procure ownership of it. Furthermore, the item must be handed over free of material and legal defects.
10. Final provisions
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which they have their habitual residence is not withdrawn.
Platform of the European Commission for online dispute resolution (OS) for consumers: https://ec.europa.eu/consumers/odr/.The seller is not willing and not obliged to take part in a dispute settlement procedure before a consumer arbitration board.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find under https://ec.europa.eu/consumers/odr We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.