Terms and Conditions – Le langage des fleurs: Your rights & conditions

General terms and conditions with customer information

1. Scope

2. Conclusion of contract

3. Prices and Terms of Payment

4. Delivery and shipping conditions

5. Right of withdrawal

6. Retention of Title

7. Liability for defects

8. Liability

9. Indemnification in the event of infringement of third-party rights

10. Redemption of gift vouchers

11. Redemption of promotional vouchers

12. Applicable law

13. Place of jurisdiction

14. Information on Online Dispute Resolution

1. Scope

1.1 These General Terms and Conditions (hereinafter referred to as "T&Cs") of "Le langage des fleurs"

(hereinafter referred to as "Seller") apply to all contracts entered into by a consumer or entrepreneur

(hereinafter referred to as the "Customer") with the Seller about the information offered by the Seller in its online store.

goods. The inclusion of the customer's own terms and conditions is objected to, unless it is

otherwise agreed.

1.2 These GTC apply mutatis mutandis to the purchase of vouchers, if and to the extent that they are not expressly

deviations.

1.3 A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly

can be attributed neither to her commercial nor to her self-employed professional activity.

1.4 Entrepreneur is a natural or legal person or a partnership with legal capacity that is

Conclusion of a legal transaction in the exercise of their commercial or self-employed professional activity

handelt.

2. Conclusion of contract

2.1 The presentation of the goods, in particular in the online shop, does not yet constitute a binding offer by the Seller

but.

2.2 First, the customer places the selected goods in the shopping cart. In the subsequent step, the

Order process, in which all necessary data for order processing is recorded.

At the end of the ordering process, a summary of the order and contract data appears.

Only after confirming these order and contract data by clicking on the

button, the customer submits a binding offer for the purchase of the goods contained in the shopping cart.

2.3 The Seller accepts the Customer's offer through the following possible alternatives:

- Sending a written order confirmation or an order confirmation in text form (fax or e-mail)

or

- Request for payment to the customer after placing the order

or

- Delivery of the ordered goods

The first alternative that has occurred is decisive for the time of acceptance.

The period for accepting the offer begins on the day after the offer is sent by the customer and

ends at the end of the fifth day following the sending of the offer. If the seller takes the

Failure to accept the Client's offer within the aforementioned period shall constitute the rejection of the offer. The

The customer is then no longer bound by his declaration of intent.

2.4 The contractual text of the contract concluded between the Seller and the Customer shall be amended by

the seller. The text of the contract is stored on the seller's internal systems. The

The customer can view general terms and conditions at any time on this page. The order data that

The cancellation policy and the general terms and conditions will be sent to the customer by email. After completing the order

the text of the contract is accessible to the customer free of charge via the customer's login, provided that the customer has a customer account

.

2.5 All entries made are displayed before clicking on the order button and can be used by the customer.

before sending the order and by pressing the back button of the browser or by clicking the

usual mouse and keyboard functions. In addition, the customer has, if available,

Buttons for correction are available, which are labeled accordingly.

2.6 The language of the contract is German.

2.7 It is the customer's responsibility to provide a correct email address for contacting and processing the order.

and to set the filter functions so that emails relating to this order are delivered

can become.

3. Prices and Terms of Payment

3.1 The prices displayed are final prices including VAT, unless otherwise

has been agreed.

If additional shipping costs are incurred, this can be found in the product description.

3.2 If the delivery is made to a non-EU country, further customs duties, taxes or fees may be charged by the

customers to the customs or tax authorities responsible there or to credit institutions.

The customer is advised to check the details with the relevant institutions or authorities before ordering.

.

3.3 The Customer can select the payment methods available in the Online Shop.

4. Delivery and shipping conditions

4.1 Goods shall be delivered by dispatch to the delivery address specified by the Customer.

4.2 If the Seller incurs an incorrect delivery address or an incorrect addressee

or other circumstances resulting in the impossibility of service, these shall be borne by the

customers, unless he is not responsible for the incorrect statement or impossibility. The same applies to the

In the event that the Client was temporarily prevented from accepting the service, unless the Seller has

announced the service to him appropriately in advance. Excluded from this regulation are the costs of the

Dispatch if the customer has effectively exercised his right of withdrawal. In this case, the statutory

or the arrangement made by the seller.

4.3 In the case of agreed self-collection, the Customer will be informed by the Seller that the

Goods are ready for collection. After receiving this e-mail, the customer can return the goods after consultation with the

Seller at the Seller's registered office or at an agreed location. In this case, no

Shipping.

4.4 Vouchers are provided to the customer in the following form:

- by E-Mail

- for Download

- postal

5. Right of withdrawal

5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.

5.2 The Seller's cancellation policy applies to the right of withdrawal.

5.3 Consumers who are not a Member State of the European Union at the time of conclusion of the contract

and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the

European Union, is not entitled to a right of withdrawal.

6. Retention of Title

If the seller makes advance payments, the goods will remain in the

Property of the seller.

7. Liability for defects

7.1 With regard to the warranty, the provisions of statutory liability for defects shall apply, unless

otherwise has been agreed.

7.2 The customer is requested to return delivered goods with obvious transport damage to the delivery person

and inform the seller thereof. Failure to comply has no effect whatsoever on

the legal or contractual Mclaims of the customer.

8. Liability

The Seller's liability arising from all contractual, quasi-contractual and statutory, as well as tortious

Claims for damages and reimbursement of expenses are determined as follows:

8.1 The Seller shall only be liable for damages resulting from intentional or grossly negligent conduct.

are unreserved.

In the event of injury to life, limb and health and the violation of essential contractual obligations

(cardinal obligations), the seller is also liable in the event of slight negligence.

A material contractual obligation is one whose fulfilment is the proper performance of the contract.

and on compliance with which the contractual partner regularly relies and may rely.

As regulated above, the seller shall also be liable on the basis of a promise of guarantee, unless

is otherwise regulated.

This also applies to indirect consequential damages, such as loss of profit, in particular, and to mandatory liability

such as under the Product Liability Act.

8.2 Liability shall be - except in the case of intentional or grossly negligent conduct or in the case of damage arising from the

Violation of life, limb and health and the violation of essential contractual obligations

(cardinal obligations) - to the damages that were typically foreseeable at the time of conclusion of the contract and otherwise to the

The amount is limited to the average damages typical of the contract. This also applies to indirect consequential damage

such as, in particular, loss of profit.

8.3 In all other respects, the Seller shall not be liable.

8.4 The above liability provisions also apply mutatis mutandis in favour of employees and vicarious agents

of the seller.

9. Indemnification in the event of infringement of third-party rights

If the seller has contractually agreed to the customer not only the delivery of the goods but also the processing of the goods

according to certain specifications of the customer, the customer must ensure that the

content provided for this purpose does not violate the rights of third parties. The contracting parties agree to:

that the Customer indemnifies the Seller against claims by third parties in this context, unless the Customer has

infringement of the law. The exemption also includes the assumption of reasonable costs

the necessary legal defense, including all court and attorney fees, at the statutory rate. The

Customer shall be obliged to inform the Seller immediately, completely and completely in the event of a claim by third parties.

truthfully provide all information necessary for the examination of claims and a

defence.

10. Redemption of gift vouchers

10.1 Vouchers purchased via the Seller's online shop

("Gift Vouchers"), can be purchased either in the Online Shop or on site at the Seller's physical store.

can be redeemed.

10.2 Gift vouchers and remaining balance of gift vouchers can be used until the end of the third year.

can be redeemed after the year of the voucher purchase. Any remaining credits will be repaid until the expiry date on

credited to the customer's voucher account.

10.3 Gift vouchers can only be redeemed before the order process has been completed. One

subsequent redemption does not take place.

10.4 Only one gift voucher can be redeemed per order. The redemption of several

Gift vouchers in an order is not possible.

10.5 Gift vouchers can only be redeemed for the purchase of goods.

The purchase of additional gift vouchers cannot be paid for by voucher.

10.6 If the value of a Gift Voucher is not sufficient to pay for the respective order,

one of the other payment methods offered can be used to settle the difference.

10.7 Credits on Gift Vouchers are not paid out and do not bear interest.

10.8 Gift vouchers are generally transferable.

The Seller may, with discharging effect, to the Customer who redeems the respective Gift Voucher:

achieve. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible

incapacity, legal incapacity or lack of authorisation to represent the respective holder

Has.

11. Redemption of promotional vouchers

11.1 Vouchers that the Seller uses as part of (promotional) promotions with a certain period of validity

free of charge and the customer cannot purchase them ("promotional vouchers"), are only available in the online shop

of the Seller and redeemable only during the period specified by the Seller.

11.2 Individual products may be excluded from the voucher campaign.

The specific restrictions can be found in the promotional voucher, if applicable.

11.3 Promotional vouchers can only be redeemed before the order process has been completed. A subsequent

There will be no offsetting.

11.4 Only one promotional voucher can be redeemed per order. The redemption of several

Promotional vouchers in an order is not possible.

11.5 The value of the goods of the respective order must be at least equal to the amount of the promotional voucher.

Any remaining credit will not be refunded by the seller.

11.6 If the value of a promotional voucher is not sufficient to pay for the respective order, the

Payment of the difference can be used using one of the other payment methods offered.

11.7 The balance of a promotional voucher will not be paid out or interested.

11.8 The Promotional Voucher will also not be refunded if the Client has fulfilled the costs associated with the Promotional Voucher in full or in full.

partially paid for goods within the scope of his statutory right of withdrawal.

11.9 Promotional vouchers are generally transferable.

The Seller may, with discharging effect, to the Customer who redeems the respective Gift Voucher:

achieve. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible

incapacity, legal incapacity or lack of authorisation to represent the respective holder

Has.

12. Applicable law

12.1 The law of the Federal Republic of Germany shall apply to the exclusion of the laws on international

Purchase of movable goods.

The statutory provisions restricting the choice of law and the applicability of mandatory provisions

in particular the country in which the customer has his habitual residence as a consumer,

unberührt.

12.2 This choice of law made here does not apply with regard to the statutory right of withdrawal in the case of consumers,

if they do not belong to a Member State of the European Union at the time the contract is concluded, and

their sole place of residence and delivery address at the time of conclusion of the contract outside the European

Union.

13. Place of jurisdiction

If the customer is a merchant, a legal entity under public law or under public law

special fund domiciled in the territory of the Federal Republic of Germany, shall be the exclusive

The place of jurisdiction for all disputes arising from this contract is the Seller's place of business.

If the customer has its registered office outside the territory of the Federal Republic of Germany, the

Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if:

this contract or claims arising from this contract of the customer's professional or commercial activity

.

Nevertheless, in the aforementioned cases, the Seller is also entitled to appeal to the court of the Customer's registered office.

anzurufen.

14. Information on Online Dispute Resolution

The EU Commission's online dispute resolution platform can be accessed on the Internet at the following link:

https://ec.europa.eu/consumers/odr

We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board

committed nor willing.

 

Stand:01/2025