Condizioni generali di contratto
§ 1 Subject matter of the contract and scope of application
(1) These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts concluded between FlowerArt GmbH, Rosenheimer Straße 27, 85635 Höhenkirchen-Siegertsbrunn, Germany (hereinafter referred to as Seller) and the Customer. The GTC apply regardless of whether the customer is a consumer, business operator or merchant.
(2) All agreements made between the customer and the seller in connection with the purchase contract result in particular from these GTC, the written order confirmation and the seller's declaration of acceptance.
(3) Unless otherwise agreed in individual cases, the Seller shall only be responsible for the delivery of the goods, not for assembly or other installation.
(4) The version of the General Terms and Conditions valid at the time the contract is concluded shall apply.
(5) These General Terms and Conditions shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if we carry out the delivery to the customer unconditionally in full knowledge of the customer's general terms and conditions.
§ 2 Conclusion of contract
(1) The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a sales contract.
(2) The contract is concluded as follows, depending on whether it is a styleGREEN standard product or an individual product:
(2.1.) styleGREEN standard products: In the case of styleGREEN standard products, which can be accessed via the "Products" button, the customer can submit a binding purchase offer (order) via the online shopping basket system. The goods intended for purchase are stored in the "shopping cart". Using the corresponding button in the navigation bar, the customer can call up the "shopping cart" and make changes there at any time. After calling up the page "Checkout" and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page. Before submitting the order, the customer has the option of checking all details again, changing them (also via the "back" function of the Internet browser) or canceling the purchase. By sending the order via the "Buy" button, the customer submits a binding offer to the seller. The customer is bound to the order for a period of two weeks after placing the order. This does not affect the customer's right to revoke the order, which may exist according to § 3. The seller will automatically confirm receipt of the order placed via the online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless the confirmation of receipt is accompanied by a declaration of acceptance. A contract is only concluded when the seller accepts the order by a declaration of acceptance or by the delivery of the ordered items.
(2.2.) styleGREEN individual products: In the case of styleGREEN individual products that can be called up via the "Plant and Moss Walls" button, the customer creates a custom-made product using the online configurator. After entering the personal data in the last step of the online configurator, the customer can use the "Submit" button to request an offer from the seller for his desired product. The seller will promptly send the customer a binding offer for the desired product by e-mail, which the customer can accept within 2 weeks.
(3) Requests of the customer for the purchase of goods or for the individual preparation of offers outside the online shop, which are e.g. transmitted to the seller by telephone, email, fax, in writing or via an inquiry form (contact form) integrated on the internet presence, are non-binding for the customer. The seller submits a binding offer to the customer, which the customer can accept within 2 weeks.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by email. The customer must therefore ensure that the email address deposited by him with the seller is correct, that the receipt of emails is technically ensured and in particular is not prevented by SPAM filters.
(5) Should the delivery of the goods ordered by the customer not be possible, for example because the corresponding goods are not in stock, we refrain from a declaration of acceptance. In this case a contract is not concluded. The Seller shall inform the Customer thereof without delay and refund any consideration already received without delay.
§ 3 Right of withdrawal
(1) If the customer is a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), he is entitled to a right of revocation in accordance with the statutory provisions.
(2) If the customer as a consumer makes use of his right of revocation according to clause 1, the customer has to bear the regular costs of the return.
(3) For the rest, the provisions set out in detail in the following revocation instructions shall apply to the right of revocation:
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier who has taken possession of the goods, designated by you, have taken possession of them.
In order to exercise your right of withdrawal, you must inform FlowerArt GmbH, Rosenheimer Straße 27, 85635 Höhenkirchen, Germany, telephone: +49-8102-9849-620, e-mail: email@example.com by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can 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 expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
- End of the withdrawal instruction-
(4) The right of withdrawal does not apply to styleGREEN individual products, as these are always tailored to the personal needs of the customer.
§ 4 Prices and shipping costs
(1) All prices quoted in the online shop and other offers of the seller are gross prices including statutory VAT and do not include shipping costs. The shipping costs can be accessed via the page "Payment and Shipping", are shown separately in the course of the order process and are to be borne by the customer in addition, unless delivery free of shipping costs is promised.
(2) The final price including sales tax and shipping costs is displayed in the order mask before the customer sends the order.
§ 5 Terms of payment and shipping
(1) Unless otherwise stated for the individual payment methods, the customer must pay the purchase price and the shipping costs within 7 days of receipt of the goods at the latest and from receipt of an invoice which meets the requirements of § 14 UStG.
(2) When ordering styleGREEN individual products, the customer has to pay 50% of the purchase price within 7 days after receipt of an invoice according to the requirements of § 14 UStG. The remaining 50% of the purchase price must be paid by the customer within 7 days of receipt of the goods.
(3) The seller is entitled to fulfil the order by partial deliveries if this is reasonable for the customer. In this case, the customer shall only incur shipping costs for the first partial delivery. If the partial deliveries are made at the customer's request, the seller shall charge shipping costs for each partial delivery.
(4) If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate covering transaction for reasons for which the seller is not responsible, the customer will be informed immediately of the non-availability and, in the event of withdrawal, any payments already made will be refunded immediately.
(5) The customer shall only have a right of set-off or retention on the basis of legally established or undisputed counterclaims and only to the extent that these arise from the same contractual relationship. The customer is not entitled to assign claims against the seller arising from this contract to third parties.
(6) If it becomes apparent after conclusion of the contract (e.g. by filing for the opening of insolvency proceedings) that the payment of the purchase price is at risk due to the Customer's inability to pay, the Seller shall be entitled, in accordance with the statutory provisions, to refuse performance and - if necessary after setting a deadline - to withdraw from the contract (§ 321 BGB). In the case of contracts for the manufacture of unjustifiable items (custom-made items), the Seller may declare rescission immediately; the statutory provisions on the dispensability of setting a deadline shall remain unaffected.
§ 6 Delivery and transfer of risk
(1) The expected delivery time for styleGREEN standard products is stored in the online shop with the respective product. For styleGREEN individual products, the average production time is approx. 6-8 weeks after receipt of the advance payment. The delivery periods stated by the seller are not binding.
(2) The styleGREEN individual products are usually not delivered in one piece, but in modules, whereby the modules have a maximum pallet size.
(3) If the seller is unable to meet binding delivery deadlines for reasons for which he is not responsible, he will inform the customer immediately and at the same time inform the customer of the expected new delivery deadline. If the performance is also not available within the new delivery period, the seller shall be entitled to withdraw from the contract in whole or in part; any consideration already provided by the customer shall be reimbursed immediately. The case of non-availability of the service in this sense shall include in particular the failure of suppliers to deliver to the Seller on time if a congruent covering transaction has been concluded, if neither the Seller nor its suppliers are at fault or if the Seller is not obliged to procure in the individual case.
(4) Delivery shall be ex warehouse, where the place of performance for the delivery and any subsequent performance shall also be. At the customer's request and expense, the goods shall be shipped to another destination (sale by delivery). Unless otherwise agreed, the seller is entitled to determine the type of shipment (in particular transport company, shipping route, packaging) himself.
(5) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest when the goods are handed over. In the case of sale by delivery to destination, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. This does not apply if the customer has placed the order as a consumer. If acceptance has been agreed, this shall be decisive for the transfer of risk.
§ 7 Retention of title
(1) The delivered goods remain the property of the seller until the purchase price has been paid in full.
(2) If the customer is an entrepreneur, the following shall apply in addition:
a) The seller retains title to the goods until all claims arising from the current business relationship have been settled in full. Prior to transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
b) The customer may resell the goods in the ordinary course of business. In this case, he hereby assigns to the seller accepting the assignment all claims in the amount of the invoice amount accruing to him from the resale. The customer is further authorised to collect the claim. If he does not properly meet his payment obligations, however, the seller reserves the right to collect the claim himself.
c) If the reserved goods are combined and mixed, the Seller shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) The seller undertakes to release the securities to which he is entitled at the request of the customer to the extent that the realisable value of the securities of the seller exceeds the claim to be secured by more than 10%. The choice of the securities to be released shall be incumbent on the seller.
§ 8 Warranty
(1) The statutory provisions shall apply to the customer's rights in the event of material defects and defects of title, unless otherwise specified below.
(2) The basis of liability for defects is above all the agreement reached on the quality of the goods. All product descriptions and manufacturer information which are the subject of the individual contract or which were made public by the Seller (in particular in catalogues or on our Internet homepage) at the time the contract was concluded shall be deemed to be an agreement on the quality of the goods. These include in particular the product descriptions publicly published by the seller on the website, according to which the plant material used has a typical and natural inherent odour and may show deviations in colour, shape and arrangement. The plant material used is a natural product, its natural properties, deviations and characteristics must therefore always be observed. In particular the customer has to consider his biological, physical and chemical characteristics with the purchase.
(3) The customer has to consider the product references of the salesman, which are attached to each supply. The Seller shall not be liable for material defects resulting from faulty handling of the products by the Customer.
(4) If the goods are defective, the Seller may initially choose whether to effect subsequent performance by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery). The Seller's right to refuse subsequent performance under the statutory conditions shall remain unaffected thereby.
(4) The seller is entitled to make the owed supplementary performance dependent on the customer paying the due purchase price. However, the customer shall be entitled to retain a reasonable part of the purchase price in proportion to the defect.
(5) The Customer shall give the Seller the time and opportunity required for the owed subsequent performance, in particular to hand over the rejected goods for inspection purposes. In the event of a replacement delivery, the Buyer shall return the defective item in accordance with the statutory provisions. Subsequent performance shall include neither the removal of the defective item nor its reinstallation if the Seller was originally not obliged to install it.
(6) The Seller shall bear or reimburse the expenses required for the purpose of testing and subsequent performance, in particular transport, travel, labour and material costs as well as any dismantling and installation costs, in accordance with the statutory provisions, if a defect actually exists. Otherwise, the Seller shall be entitled to demand reimbursement from the Customer for the costs incurred as a result of the unjustified request to remedy the defect (in particular inspection and transport costs), unless the Customer could not recognize the lack of defectiveness.
(7) In urgent cases, e.g. if operational safety is endangered or to prevent disproportionate damage, the customer has the right to remedy the defect himself and to demand reimbursement of the objectively necessary expenses. The Seller shall be notified immediately, if possible in advance, of any such self-delivery. The right of self-remedy shall not exist if the Seller would be entitled to refuse a corresponding subsequent performance in accordance with the statutory provisions.
(8) If the supplementary performance has failed or a reasonable period to be set by the customer for the supplementary performance has expired unsuccessfully or is dispensable according to the statutory provisions, the buyer may withdraw from the purchase contract or reduce the purchase price. In the case of an insignificant defect, however, there is no right of withdrawal.
(9) Claims of the customer for damages or reimbursement of futile expenses shall only exist in accordance with § 9 even in the case of defects and shall otherwise be excluded.
(10) If the customer is an entrepreneur, the above provisions shall not apply:
The customer's claims for defects presuppose that he has fulfilled his statutory duties to examine the goods and to give notice of defects (§§ 377, 381 HGB). The customer must install the product for inspection purposes. If a defect becomes apparent upon delivery, inspection or at any later point in time, we must be notified thereof in writing without delay. In any case, obvious defects must be reported in writing or in text form within 7 working days of delivery and defects not recognisable during the inspection within the same period of discovery. If the customer fails to properly inspect the goods and/or give notice of defects, the seller's liability for the defect not reported or not reported in a timely manner or not properly shall be excluded in accordance with the statutory provisions.
The limitation period for warranty claims is one year from the passing of risk.
§ 9 Liability
(1) Insofar as nothing to the contrary results from these General Terms and Conditions including the following provisions, the Seller shall be liable to the Buyer for damages or compensation for futile expenses in the event of intent and gross negligence in accordance with the statutory provisions.
(2) In other cases the Seller shall only be liable - unless otherwise stipulated in Paragraph 3 - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases the liability of the seller is excluded subject to the provision in paragraph 3.
(3) The Seller's liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, the seller is not liable for the constant or uninterrupted availability of the website and the services offered there.
(5) The foregoing exclusions and limitations of liability shall apply to the same extent in favour of the Seller's legal representatives, employees and other vicarious agents.
§ 10 Data privacy
The contractual partners are obliged to comply with the data protection regulations, in particular the Basic Data Protection Ordinance (DS-GVO) and the Federal Data Protection Act (BDSG). In this context, the Seller refers to the information on data processing pursuant to Art. 13 DS-GVO, which can be viewed on the Seller's homepage at: https://www.stylegreen.it/tutela-della-privacy/.
§ 11 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer has placed the order as a consumer and has his habitual residence in another country at the time of the order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) The language of negotiation and contract is German.
(3) If the customer is a merchant and is domiciled in Germany at the time the order is placed, the exclusive place of jurisdiction shall be the seller's domicile.
Last update: 21.08.2019