Stefanie Kehr Floristik & Interior, Rupertistraße 28, 22609 Hamburg, Germany
1 General, scope
( a ) These terms and conditions apply to all contracts concluded by orders in the online store of Stephanie Kehr Floristik & Interieur between Stefanie Kehr Floristik & Interieur (hereinafter “Seller”) and consumers or entrepreneurs (hereinafter “Customers”).
Deviating terms and conditions of the customer are not recognized, unless the seller has expressly agreed to their validity.
( b ) Consumers in the sense of these GTC are all natural persons who conclude a legal transaction predominantly not in the context of the exercise of a commercial or independent professional activity.
( c ) In principle the delivery takes place only in a regionally limited area within Germany (greater Hamburg area). Delivery addresses outside this area can not be selected during the ordering process.
2. offer and product descriptions.
( a ) The products shown in the online store represent a non-binding invitation on the part of the seller to make a binding offer to purchase the goods collected in the shopping cart by placing an order.
( b ) Flowers are natural products, they are subject to natural, in particular also seasonal variations. In addition, all bouquets are made individually after receipt of the order, which may lead to deviations. Even if the seller strives for an up-to-date presentation of the products, deviations of the delivered products from the photos and descriptions are possible and no reason for complaints.
( c ) The offer of the bouquets does not include the vases shown in the product photos, even if they can be seen there.
3. order process and conclusion of the contract.
( a ) The products shown in the online store are usually available in different variants (size, colors). Since these variants can affect the price of the product, customers must have made a choice from the respective possible variants on the product page before the binding product price can be displayed. Only then can a product be placed in the shopping cart by clicking the correspondingly marked button.
( b ) In addition to the possibility of adding further products, the shopping cart also offers the choice between the various shipping options (pickup or delivery). If one of the different delivery methods is desired instead of pickup at one of the Seller’s stores, the delivery address must be entered so that the correct shipping costs can be calculated and displayed.
( c ) After entering all necessary data, a binding total price ( total amount ) is displayed, which includes the prices of the selected products including VAT and shipping costs. After pressing the button “Proceed to Checkout”, the selection made can be finally checked on the order page. The delivery and billing address as well as the shipping options can be added and changed here. If these changes lead to price changes, these will be displayed immediately. By pressing the button “Order subject to payment”, the customer submits a legally binding contract offer.
The customer can print out the text of the contract before concluding the contract by using the print function of his browser. In addition, after completion of the order, the essential contents of the contract will be clearly presented to him again.
( e ) The contract is concluded by the seller sending the customer a binding confirmation of his order in text form, e.g. by e-mail or fax, and including all legally required information.
Any confirmation of receipt of the order sent in advance does not constitute acceptance of the contract offer.
4. prices and terms of payment.
( a ) The prices shown in the store are total prices including VAT; All prices shown in the store include VAT. Shipping costs for delivery are calculated additionally, they are also displayed including VAT.
( b ) In the ordering process you will be shown the payment options depending on the selected shipping option.
If you have chosen a form of delivery, you can choose between payment by PayPal or by credit card.
When paying by credit card (VISA, MasterCard, AMERICAN EXPRESS) we need the card number, expiration date and the verification number of the back. The credit card charge will be made automatically one day after the order.
If you have selected “Pick up in a store”, you will also be offered the alternative “Payment upon pick up in the store”. In this case, you can pay there in cash or with your EC or credit card.
( c ) The ownership of the delivered goods remains with the seller until full payment of the delivery.
5. delivery and shipping terms and delivery address.
( a ) During the ordering process, you can choose between different shipping options and determine the day and time of delivery. The choices in the corresponding selection fields take into account the different lead times required by the products in the shopping cart, the selected shipping option and (in the case of pickup) the opening hours of the selected store.
If the shipping option “Pick-up in the store” is selected, the ordered goods will be provided in the store selected by the customer on the delivery date selected by the customer no later than the delivery time selected by the customer.
If the shipping option “Delivery during the day” is selected, the goods will be delivered on the delivery date selected by the customer at any time between 8:00 a.m. and 7:00 p.m., or at the time selected if delivery is made at the desired time. Deviations of up to 30 minutes may occur, e.g. due to the respective traffic situation, and must be accepted by the customer.
( b ) The goods will be delivered to the delivery address specified by the customer. The customer is responsible for the complete and correct indication of the address including a telephone number.
If, when paying via PayPal, a delivery address is given on the payment processing page of PayPal that does not match the delivery address given on the order page of the Seller’s online store, the address that was previously given in the Seller’s online store shall be valid in principle and without exception.
( c ) If the delivery of the ordered goods to the delivery address specified by the Customer is not possible, although the delivery is attempted at the time selected by the Customer in the order or (if the delivery was selected in the course of a day) within the specified time frame, the Vendor will endeavor to arrange a solution via the telephone number provided; if this is not possible, the goods will be returned to the delivering store. The additional costs incurred in this regard and in the event of a possibly necessary redelivery are to be borne by the customer.
6 Warranty and liability, transport damage.
Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
In the event of a breach of material contractual obligations, the Vendor shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless it is a matter of claims for damages by the Purchaser arising from injury to life, limb or health.
Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
7. right of withdrawal.
( a ) Consumers have a fourteen-day right of withdrawal when concluding a distance contract. A consumer is any natural person who enters into the contract for a purpose that is predominantly neither their commercial nor their independent professional activity can be attributed (§ 13 BGB). A distance contract exists if the contract is concluded using exclusively means of distance communication – in particular by letter, telephone, e-mail or fax – or via the Internet.
( b ) However, the right of withdrawal shall not apply in particular to contracts for the delivery of
– of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
– of goods that can spoil quickly or whose expiration date would be quickly exceeded (this includes in particular flowers),
– sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery.
Right of withdrawal.
Consumers have the right to revoke the contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. If it is a contract for several goods that you have ordered as part of a single order and which are delivered separately, the withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must give me,
Stefanie Kehr Floristik & Interieur
Phone: 040 / 82 45 78,
Fax: 040 / 82 29 42 84,
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation.
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. At your request, we will also pick up the goods. You shall bear the direct costs of returning the goods. If we are to pick up the goods from you, the cost is 6.95 EUR.
You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods that is not necessary for the examination of the quality, characteristics and functioning of the goods.
8. data protection
The seller collects, records, stores and processes personal data of the customer in the processing of orders, payments and deliveries. The statutory provisions on data protection, in particular the Federal Data Protection Act and the EU General Data Protection Regulation are observed and complied with.
Detailed information about the nature and extent of data storage and data processing can be found in the separate data protection information of the seller.
( a ) The law of the Federal Republic of Germany shall apply to all contractual relationships resulting from the use of the Seller’s webshop, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is not a consumer, the exclusive place of jurisdiction for all disputes arising from this contract is Hamburg as the registered office of the seller. The same place of jurisdiction shall apply if the customer does not have a general place of jurisdiction in Germany, relocates its place of residence or habitual abode outside Germany after conclusion of the contract or its place of residence or habitual abode is unknown at the time the action is brought.
( b ) The EU Commission provides a platform for online dispute resolution on the Internet, which serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer and which can be reached via the following link: https://ec.europa.eu/consumers/odr.
The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.