1. Scope of application
2. Conclusion of contract
3. Right of revocation
4. Prices and terms of payment
5. Shipping and Delivery Conditions
6. Proprietary reservation
7. Liability for defects
8. Exemption in case of violation of third party rights
9. Payment of gift vouchers
10. Redemption of promotional vouchers
11. Applicable law
13. Information on online dispute resolution
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Le langage des fleurs" (hereinafter referred to as "Seller") apply to all contracts made by a consumer or entrepreneur (hereinafter referred to as "Customer") Shop. This is without prejudice to the inclusion of the customer's own conditions, unless otherwise agreed.
1.2 For the purchase of vouchers, these General Terms and Conditions shall apply accordingly, unless otherwise expressly provided otherwise.
1.3 Consumers within the meaning of these General Terms and Conditions shall be any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
1.4 Entrepreneurs within the meaning of these General Terms and Conditions is a natural or legal person or a legal person who is a legal person in the exercise of his commercial or independent professional activity.
2.1 The product presentations contained in the seller's online shop are not binding offers from the seller, but serve as a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and having completed the electronic ordering process, the customer places a legally binding contract offer with respect to the goods contained in the shopping basket by clicking on the button closing the order process.
2.3 The seller can accept the offer of the customer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or - by delivering the ordered goods to the customer; Is relevant to the Customer, or
- by requesting the customer to make payment after submitting his order.
If several of the above alternatives are present, the contract comes into force at the time when one of the above alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth day following the submission of the offer. If the seller does not accept the offer of the customer within the aforementioned deadline, this shall be considered a rejection of the offer with the result that the customer is no longer bound to his consent.
2.4 When submitting an offer via the seller's online order form, the seller saves the contract text and sends it to the customer in text form (eg e-mail, fax or letter) after dispatching his order in addition to these terms. In addition, the contract text is archived on the website of the seller and can be retrieved free of charge by the customer via his password-protected customer account, providing the corresponding login data provided that the customer has created a customer account in the seller's online shop before sending his order.
2.5 Before binding the order via the Seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, by means of which the display on the screen is enlarged. The customer can correct his / her infor- mation by means of the usual keyboard and mouse functions before placing the order within the framework of the electronic ordering process. In addition, all entries are displayed once again in a confirmation window before binding the order and can also be corrected there using the usual keyboard and mouse functions.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contacting are generally carried out via e-mail and automated order processing. The customer has to ensure that the e-mail address specified by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all the mails commissioned by the seller or by third parties commissioned by the order processing department can be sent.
3.1 Consumers are generally entitled to a right of revocation.
3.2 Further information on the right of revocation can be found in the seller's revocation instruction.
3.3 The right of withdrawal does not apply to consumers who are not members of the European Union at the time of the conclusion of the contract and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
4.1 Unless stated otherwise in the product description of the Seller, the prices quoted are total prices, which include the statutory value added tax. If applicable additional shipping and shipping costs are indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in a particular case that are not the responsibility of the seller and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (for example, transfer fees, exchange rate fees) or import taxes (eg duties). Such costs may also arise in respect of the transfer of money even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Various payment options are available to the customer, which are stated in the seller's online shop.
4.4 When selecting the type of payment "PayPal", payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. Et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Service, can be viewed at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full. This, a. Provided that the customer opens a PayPal account or already has such an account.
4.5 If the payment method "IMMEDIATE RELEASE" is selected, payment processing takes place via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich ("IMMEDIATE"). In order to be able to pay the invoice amount via IMMEDIATE RELEASE, the customer must have an online banking account activated by PIN / TAN procedure for the participation in IMMEDIATE RELEASE, must appropriately legitimize the payment process, and confirm the payment statement IMMEDIATELY. The payment transaction is immediately executed by IMMEDIATELY and the bank account of the customer is debited. For more information about the payment method IMMEDIATELY, the customer can visit the Internet at https://www.sofort.com/ger- DE / buyer / su / so-function-immediate-transfer / retrieve.
5.1 The delivery of goods is carried out regularly on the dispatch route and to the delivery address indicated by the customer. When processing the transaction, the delivery address given in the seller's purchase process is decisive. By way of derogation from this, PayPal shall be deemed to be the delivery address provided by the customer at the time of payment at PayPal.
5.2 If the transport company sends the goods back to the seller, since delivery to the customer was not possible, the customer bears the costs for unsuccessful dispatch. This does not apply if he is not responsible for the circumstance which led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had announced the service a reasonable time before ,
5.3 In the case of a self-collection, the seller first notifies the customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can collect the goods after consultation with the seller at the seller's place of business. In this case, no shipping costs will be charged.
5.4 Vouchers are handed over to the customer as follows: by e-mail by download by post
If the seller is in advance, he retains title to the delivered goods until full payment of the purchase price owed.
7.1 If the purchase item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain to the supplier of delivered goods with obvious transport damages and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual deficiency claims.
If, in addition to the delivery of the goods, the seller is also responsible for the processing of the goods according to certain specifications of the customer, the customer has to ensure that the contents delivered to him by the seller for the purpose of processing are not the rights of third parties (eg copyrights or Trademark rights). The customer shall indemnify the seller against claims of third parties which may be asserted by the seller against this in the context of a breach of their rights by the contractual use of the contents of the customer by the seller. The customer also assumes the appropriate costs of the necessary legal defense, including all legal and legal costs. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller, in the event of a claim by third parties, promptly, truthfully and completely, all information necessary for the examination of the claims and a defense.
9.1 Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop.
9.2 Gift vouchers and residual vouchers of gift vouchers are redeemable up to the end of the third year after the year of the purchase of the voucher. Residual credit is credited to the customer's credit account by the expiration date.
9.3 Gift vouchers can only be redeemed before completion of the order process. Subsequent allocation is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.6 If the value of the gift voucher is insufficient to cover the purchase order, one of the other payment methods offered by the seller may be selected to settle the difference.
9.7 The credit of a gift voucher is neither paid in cash nor interest.
9.8 The gift voucher is transferable. The seller can deliver with liberating effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the incapacity for business or the lack of the right of representation of the respective owner.
10.1 Vouchers which are issued free of charge by the seller in the context of advertising campaigns with a certain period of validity and which can not be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.
10.2 Individual products may be excluded from the promotional transaction, provided that a corresponding restriction results from the content of the promotional coupon.
10.3 Promotion vouchers can only be redeemed before the end of the ordering process. Subsequent allocation is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 The value of the goods must be at least equal to the amount of the voucher. Any remaining balance is not reimbursed by the seller.
10.6 If the value of the promotional voucher is insufficient to cover the purchase order, one of the remaining types of payment offered by the seller can be chosen to settle the difference
10.7 The credit of an action voucher is neither paid in cash nor interest.
10.8 The voucher will not be refunded if the customer returns the goods paid in whole or in part with the promotional voucher within the scope of his statutory right of revocation.
10.9 The promotion voucher is transferable. The seller can deliver with liberating effect to the respective owner, who redeems the promotion voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the incapacity for business or the lack of the right of representation of the respective owner.
11.1 The law of the Federal Republic of Germany shall apply to all legal relations of the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
11.2 Furthermore, this choice of law with regard to the right of revocation does not apply to consumers who are not members of the European Union at the time of conclusion of the contract and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
If the customer acts as a merchant, a legal person of public law or a public special fund with registered office in the territory of the Federal Republic of Germany, exclusive jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the seller is exclusive jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.
The EU Commission provides an online dispute resolution platform at the following link: http://ec.europa.eu/consumers/odr This platform serves as a starting point for the out-of-court settlement of disputes arising from online purchase or service contracts To which a consumer is involved. We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer complaint office.