Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all agreements between FlowerArt GmbH, Ständlerstraße 35, 81549 München, Germany – hereinafter referred to as Provider – and the Customer, which are concluded through the website of the Provider at www.stylegreen.de. Unless otherwise agreed upon, the inclusion of the Customer’s own conditions into the agreement is excluded.
(2) A consumer, in terms of the following regulations, is any natural person who concludes a legal transaction for a purpose that is outside their trade, business or profession. A company is any natural person, legal entity or partnership that exercises their independent professional or commercial activity when concluding a legal transaction.
(3) The language of the agreement is German. The full agreement text is not saved by the Provider. Before sending the order through the online shopping cart system, agreement data can be saved using the print function in the browser or saved electronically. After receipt of the order by the provider, all order data, any information required by law in distance selling agreements and the terms and conditions will be sent to the Customer via email again.
If requests for quotations, e.g. by phone, email, fax, in writing or through an integrated on the website request form (contact) are transmitted to the Provider, the Customer receives all agreement data in the context of a binding offer sent by email, which the customer can print or save electronically.
§ 2 Object of Agreement
Subject of the agreement is the sale of goods. The details, particularly the essential characteristics of the goods, can be found in the item descriptions and the additional information on the Provider’s website.
§ 3 Conclusion of the Agreement
(1) The product depictions from the provider on the Internet are not binding and not a binding offer to conclude an agreement.
(2) The customer can make a binding purchase offer (order) using the online – shopping cart system.
The goods to be purchased are then placed in the “shopping cart”. Using the corresponding button in the navigation menu, the Customer can view the “shopping cart” and make changes to it at any time. After loading the “Checkout” page and the input of personal data as well as payment and shipping information, all order data will be displayed again on the order summary page.
Before submitting the order, the customer has the opportunity to verify all information, to change it (also by using the “back” of the Internet browser) or cancel the order.
The Customer makes a binding purchase offer when the order is sent by clicking the “Buy” button.
The Customer then receives an automatic email about the receipt of an order, which does not mean that the agreement has been concluded.
(3) The acceptance of the offer (and therefore the agreement) is done either in writing (e.g. an email), in which the Customer receives confirmation on the processing of the order or the shipment of the goods. If the Customer does not receive an order confirmation or a shipping notice within 5 days or has not received any goods, he is not longer liable for the order. Any services rendered in this case will be refunded immediately.
(4) Customer requests to purchase goods or for individual quotations that are transmitted to the Provider without using the online – shopping cart system, for example by phone, email, fax, in writing or through an integrated website request form (contact form), are not binding for his customers. The Provider shall submit to the Customer for this purpose a binding offer in writing (e.g. via email) that the Customer choose to accept within 5 days.
(5) The completion of the order and transmission of all necessary information in connection with the agreement in done by email and is partially automated. The Customer must therefore ensure that the the provided email address is correct, the receipt of emails is technically possible and is in particular not prevented by spam filters.
§ 4 Prices, Shipping Costs
(1) The quoted prices in the respective offers and shipping costs are final prices. They contain all price components and include all applicable taxes.
(2) Shipping costs are not included in the purchase price. These are available on the “Payment and Shipping” page, are reported separately during the order process and have to be additionally paid by the customer, unless the shipping charge has otherwise been waived.
(3) The Customer receives an invoice with designated VAT.
§ 5 Payment and Shipping Terms
(1) The terms of payment and shipping can be found using the button of the same name in the navigation.
(2) Unless otherwise stated for the individual payment, the payment claims from the completed agreement are due immediately.
(3) Should a product, which has been ordered by a Customer, not be available against all expectations and in spite of the conclusion of an adequate covering transaction, due to reasons for which the Provider is not responsible, the Customer will be informed immediately of the non-availability and in the event of a cancellation, already effected payments will be reimbursed immediately.
(4) Legal consumer regulations specify that the risk of accidental loss and accidental deterioration of the sold goods during shipping passes to the Customer only on transfer of the goods to the Customer regardless of whether the shipping is insured or uninsured. If the Customer is a company, the delivery and shipping takes place at their own risk.
§ 6 Return Costs for Cancellations
Should the Customer exercise the applicable consumer legal cancellation right for distance agreements, it’s agreed that the Customer has to bear the return shipping costs, unless the goods delivered differ from the ones ordered. In all other cases, the provider shall bear the cost of return shipping.
§ 7 Right of Retention, Retention of Title
(1) The Customer may exercise a right of retention only if it relates to receivables from the same agreement relationship.
(2) The goods remains the property of the Provider until full payment of the purchase price.
(3) The following also applies if the Customer is a company:
a) The Provider retains ownership of the goods until complete settlement of all receivables from the on-going business relationship. Pledging or assignment as security is not permitted prior to transfer of the ownership to the goods subject to reservation.
b) The Customer may resell the goods in the usual course of business. In this case, the Customer now assigns all receivables in the amount of the invoice that arise from the resale to the Provider accepting the assignment. The Customer is also entitled to collect the receivables. If the Customer does not meet the payment obligations in an orderly manner, the Provider reserves the right to collect the receivables himself.
c) If the goods subject to reservation are combined or mixed, the Provider acquires co-ownership of the new item proportional to the invoice value of the goods subject to reservation to the other processed products at the time of processing.
d) The Provider is obligated to release the securities to which he is entitled upon the Customer’s request when the realizable value of the Provider’s securities exceeds the receivables to be secured by more than 10%. The Provider is responsible for selecting the securities to be released.
§ 8 Warranty
(1) The statutory regulations apply.
(2) As a consumer, the Customer is asked to review the goods for completeness, obvious defects and transport damage upon receipt and to notify the provider and the shipping agent of complaints as soon as possible. If the Customer does not meet these requirements, statutory warranty claims remain unaffected.
(3) The following applies, in derogation of Subsection 1, if the Customer is a company:
a) Only the Provider’s internal information and the manufacturer’s product description are deemed binding for the condition of the goods, to the exclusion of all other advertising, public promotions and statements made by the manufacturer.
b) The Customer is obliged to immediately inspect the goods with due care for quality and quantity deviations and notify the Provider in writing of obvious damage within 7 days of receipt of the goods; timely shipment is sufficient for observing the deadline. This also applies to concealed defects subsequently discovered, and from the time of discovery. The assertion of warranty claims is excluded if the inspection and reporting obligation is violated.
c) In the event of defects, the Provider shall provide the warranty either by subsequently improving the good or by replacement delivery, at the Provider’s discretion. If the removal of the defect fails twice, the Customer may either demand a reduction in price or withdraw from the agreement, at his discretion. In the event of subsequent improvement, the Provider does not have to bear the increased costs that arise as a result of transferring the goods to a location other than the place of fulfillment if the transfer does not correspond to the intended use of the goods.
d) The warranty period extends for two years from the delivery of the goods. The reduced warranty period does not apply to damages culpably caused by the Provider related to death, injury or impaired health, gross negligence or intentionally or maliciously caused damage, as well as to rights of recourse pursuant to §§ 478, 479 BGB (German Civil Code).
§ 9 Liability
(1) The Provider shall be liable without limitation for damages arising from death, injury or impaired health, in all cases of intent and gross negligence, fraudulent concealment of a defect, for warranty transfers for the condition of the object of purchase, for damage in accordance with the Produkthaftungsgesetz (Product Liability Act) and in all other cases regulated by law.
(2) If essential contractual duties are affected, the Provider’s liability in the event of slight negligence shall be restricted to damages that are foreseeable and typical of the agreement. Essential contractual obligations are important obligations related to the nature of the agreement, violation of which would threaten the achievement of the purpose of the agreement, as well as obligations that the agreement imposes on the Provider in order to achieve the purpose of the agreement based on its content, the fulfillment of which enables the proper implementation of the agreement in the first place and compliance with which the Customer can regularly rely on.
(3) In the event of contractual obligations that involve minor negligence, liability is excluded if immaterial contractual obligations are violated.
(4) Data communication via the Internet cannot be guaranteed – according to the current state of technology – to be error-free and/or available at any time. In this respect, the Provider is not liable for either the consistent or uninterrupted availability of the website and the service offered therein.
§ 10 Governing Law, Place of Fulfillment, Place of Jurisdiction
(1) German law applies to the exclusion of the UN purchasing law (CISG). For consumers, this governing law applies only if this does not exclude the protection granted by the mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favorability).
(2) The Provider’s registered office is the place of fulfillment for all services relating to the business relationships with the Provider and the place of jurisdiction, provided the Customer is a merchant, a legal entity under public law or a special fund under public law and not a consumer. The same applies if the Customer does not have a general place of jurisdiction in Germany or the EU or whose residence or usual place of residence is unknown at the time an action is filed. The authority to initiate proceedings at another statutory place of jurisdiction remains hereby unaffected.