General terms and conditions
General terms and conditions
Stefanie Kehr Floristik & Interieur, Rupertistraße 28, 22609 Hamburg
1. General, scope of application
( a ) These general terms and conditions apply to all contracts concluded through 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 within the meaning of these GTC are all natural persons who do not conclude a legal transaction predominantly within the scope of exercising a commercial or independent professional activity.
( c ) In principle, deliveries are only made in a regionally limited area within Germany (greater Hamburg area). Delivery addresses outside this area cannot be selected during the ordering process.
2. Offer and product descriptions
( a ) The products shown in the online store represent on the part of the seller a non-binding invitation to submit 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, especially seasonal fluctuations. In addition, all bouquets are manufactured individually after receipt of the order, which can lead to deviations. Even though the seller makes every effort to provide 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 bouquets does not include the vases shown in the product photos, even if they are shown there.
3. Order process and conclusion of contract
( a ) The products shown in the online store are usually available in different variants (sizes, colors). Since these variants can influence 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 a product can be placed in the shopping cart by clicking the correspondingly marked button.
( b ) In addition to the possibility to add more products, the shopping cart also offers the choice of different shipping options (pickup or delivery). If one of the different delivery methods is desired instead of picking up the product in 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 sum”) will be displayed, which includes the prices of the selected products, including VAT and shipping costs. After clicking the button “Continue 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 clicking the button “Order subject to payment” the customer submits a legally binding contract offer.
( d ) The customer can print out the text of the contract before the contract is concluded by using the print function of his browser. In addition, the essential contents of the contract are clearly presented to him again after the conclusion of the order.
( 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 the receipt of the order sent in advance does not constitute an acceptance of the contract offer.
4. Prices and terms of payment
( a ) The prices displayed in the store are total prices including the statutory VAT; all prices displayed in the store include the statutory VAT. Shipping costs on delivery are charged additionally, they are also displayed including VAT.
( b ) In the order process you will see 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 on the back. The credit card will be charged automatically one day after the order.
If you have selected “Pickup at a branch”, you will also be offered the alternative “Payment at pickup at the branch”. 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 conditions 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 for the products in the shopping cart, the selected shipping option and (in case of pickup) the opening hours of the selected store.
If the shipping option “Store Pickup” is selected, the ordered goods will be made available 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 by the Customer if the 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 are 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 correspond to the delivery address given on the order page of the Seller’s online store, the address previously given in the Seller’s online store is valid in principle and without exception.
( c ) If it is not possible to deliver the ordered goods to the delivery address indicated by the customer, although the delivery is attempted at the time chosen by the customer in the order or (if the delivery was chosen during the course of a day) within the specified time frame, the seller will make every effort to arrange a solution via the telephone number provided; if this is not possible, the goods will be returned to the delivering branch. Any additional costs incurred in this connection and in the event of a possible need for a new delivery are to be borne by the customer.
6. Warranty and liability, transport damage
Unless otherwise expressly agreed in the following, the statutory liability for defects shall apply.
Claims of the customer for damages are ruled out. Excluded from this are claims for damages of the customer from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the seller. Essential contractual obligations are those whose fulfilment 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 foreseeable damage typical of the contract if such damage was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, body or health.
Insofar as the Vendor’s liability 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 fortnightly right of withdrawal when concluding a distance contract. A consumer is any natural person who concludes the contract for a purpose that is predominantly neither commercial nor their independent professional activity (§ 13 BGB). A distance contract is deemed to exist 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 revocation does not exist in particular for contracts for delivery
– 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 flowers in particular),
– sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.
Right of withdrawal
Consumers have the right to cancel the contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the goods. In the case of a contract for several goods which 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 designated by you, other than the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must give me,
Stefanie Kehr Floristik & Interieur
Telefon: 040 / 82 45 78,
Telefax: 040 / 82 29 42 84,
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for 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 different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day you notify us of the cancellation of this agreement. This period is deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. At your request we will also collect the goods. You bear the direct costs of returning the goods. If you want us to pick up the goods at your place, the costs for this are 6,95 EUR.
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
The seller collects, records, stores and processes personal data of the customer in the processing of orders, payments and deliveries. The legal provisions on data protection, in particular the Federal Data Protection Act and the EU Data Protection Basic Regulation are observed and complied with.
Detailed information about the type 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 web store, 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 business location of the seller. The same place of jurisdiction shall apply if the customer does not have a general place of jurisdiction in Germany, moves his place of residence or usual place of abode out of Germany after conclusion of the contract or his place of residence or usual place of abode is unknown at the time of filing a suit.
( b ) The EU Commission provides an online dispute resolution platform on the Internet which serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved and which can be accessed via the following link: https://ec.europa.eu/consumers/odr
The Seller is neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.