TERMS AND CONDITIONS
General Terms and Conditions of Business of GRACE & FRIENDS GmbH, Managing Director: Nina Wegert, Wilhelm-Kabus-Straße 21-35, 10829 Berlin, District Court Charlottenburg, HRB 178423B, VAT ID: DE307057544 (hereinafter referred to as "GRACE FLOWERBOX"
GRACE & FRIENDS GmbH
Represented by the managing director Nina Wegert
10829 Berlin, Germany
District Court Charlottenburg, HRB 178423B
VAT ID: DE307057544)
Email: [email protected]
Fax: +4930 / 55236771
§1 Basic Provisions
1.1 The following terms and conditions apply to all contracts you make with us through our Internetshop under the domains http://www.graceflowerbox.de; http://www.graceflowerbox.com; Http://www.graceflowerbox.at, http://www.graceflowerbox.fr; Http://www.graceflowerbox.no, http://www.graceflowerbox.ua; http://www.graceflowerbox.cn; http://www.graceflowerbox.net; http://www.graceflowerbox.eu; http://www.graceflowerbox.it; http://www.graceflowerbox.es; http://www.graceflowerbox.cz; http://www.graceflowerbox.dk; http://www.graceflowerbox.fi; http://www.graceflowerbox.lt; http://www.graceflowerbox.lu; http://www.graceflowerbox.pl; http://www.graceflowerbox.pt; http://www.graceflowerbox.se; http://www.graceflowerbox.ae; http://www.graceflowerbox.hk; http://www.graceflowerbox.in; (Hereinafter referred to as "Internetshop"). Our deliveries and services are exclusively subject to these General Terms and Conditions. Your (purchasing) terms do not apply even if you point to these in your order.
1.2 Consumers within the meaning of the following rules shall be any natural person who enters into a legal transaction for purposes which are predominantly not eligible for commercial or self-employed activities. Entrepreneur is any natural or legal person or a legal person who is acting in the exercise of his or her own professional or commercial activity when a legal transaction is concluded.
1.3 Our flowers are natural products. Any color, form, and size and pictorial representations on our website, brochures, advertisements, social channels are only to be understood as an example. Flowers are not suitable for consumption.
Instructions for use: These terms and conditions contain, inter alia, Regulations relating exclusively to entrepreneurs within the meaning of § 14 BGB. These clauses are not applicable to consumers in the sense of § 13 BGB and are indicated accordingly.
§2 Condition of a contract, storage of the contract text
2.1 The presentation of the goods in our Internet shop is not a legally binding contract offer on our part, but are only a non-committal invitation to you to order goods. By ordering the desired product, you submit a binding offer to conclude a purchase and supply contract. Since flowers represent seasonal products, we do not assume any guarantee that all products presented in our Internet shop are always available.
2.2 You have two options to order from us: on the one hand we are dealing with individual orders and on the other hand with an attractive subscription:
2.2.1 Individual Ordering
The order is made in the following steps:
You can choose a Flowerbox of our GRACE Infinity collection.
Then select the color of the flowerbox.
Then select the size of the flowerbox.
Finally, select the flowers.
You will then be taken to the corresponding commodity view and place the selected commodity, if you like it, by clicking the appropriate button in your shopping cart.
You then have the option to select further goods or to continue the ordering process by clicking on the button "to checkout".
To continue the order, you must then provide us with certain mandatory information (for example name, delivery and invoice address, e-mail address, etc.) so that we can accept the order. You also have the possibility to create a customer account.
It is possible to choose between standard and express shipping.
Then choose between the payment methods we accept. The following payment options are available for you (Paypal, IMMEDIATE RELEASE, or credit card payment) without us being obliged to offer a specific payment procedure in the future.
After this, you have the possibility to deposit a greeting text with a maximum of 150 characters or to choose the goods to be sent anonymously. Insofar as the text you have deposited violates laws or good morals at our discretion, we reserve the right to deliver the goods without greetings.
Please notice that it can not be delivered on Sundays and Mondays.
After this, you have the possibility to review your data and correct it if necessary. You can correct any input errors by clicking on the "Back" button in the Internet browser you are using to return to the input page on which your data are recorded. There you can then correct input errors.
In order to complete the ordering process, you must confirm these terms by setting a hook and finally click on the "Order for payment" button. You can cancel the ordering process at any time before activating the button.
By clicking on the "order for payment" button, you submit a binding offer for the purchase and delivery of the goods you have selected.
The purchase and delivery contract comes into force with payment receipt. We will inform you by e-mail to the e-mail address you provided within a maximum of 24 hours after confirmation of the payment receipt. The email contains beside the contract text together with AGB as well as a pattern revocation instruction.
2.3 You can also read our terms and conditions at https://www.graceflowerbox.de/agb. For security reasons, your order data is no longer accessible via the Internet. We store the contract text with the data on the purchased product in our internal systems, but you do not have access to it. In addition to the possibility to print all contract data immediately after the order has been completed or screen shots have been printed by means of the printing function of your browser, the contract text will also be sent to you by means of a confirmation e-mail (see section 2.2.1, No. 15).
§3 Price, shipping charges, payment due date
3.1 The indicated prices include the statutory value-added tax and other price components.
3.2 The shipping costs are calculated separately. The shipping costs depend on the service provider and may vary. In any case, the shipping costs are stated bindingly before the order process is completed.
3.3 You can choose between the payment methods indicated in the Internet shop. These are currently PayPal, Credit Card and IMMEDIATE RELEASE. In addition, you can redeem a present coupon code in the "I have a voucher" field.
4.1 Orders received on Monday, Tuesday, Wednesday, Saturday and Sunday until 6.00 pm can be delivered at the earliest on the following 4th working day. Orders received by 6:00 pm on Thursdays can be served at the earliest on the following day. Orders received on Fridays until 6 pm can be served at the earliest on the following 4th day. On Sundays and Mondays is not allowed. The shipping is via DHL, DHL Express or UPS. After sending you will receive an e-mail with the tracking number of the shipment. You can use this to track the shipment online. We recommend that the recipient is personally present at the time of delivery. If the parceler does not find the recipient and hand over the package elsewhere or temporarily, the parcel should be collected immediately.
4.2 Unforeseen delivery impediments beyond our sphere of influence entitle us to extend the delivery period adequately. This also applies if the delivery hindrances occur with sub-suppliers.
4.3 Unless otherwise agreed, the goods are dispatched to the delivery address stated by you. You undertake to keep the data entered by you on the delivery address in your customer account up-to-date and to include every change to your customer account to ensure the delivery. You bear the risk of non-delivery in the event that you have specified an incorrect address. We are not required to provide a correct address.
4.4 We are entitled to partial deliveries.
4.5 If you are an entrepreneur within the meaning of § 14 BGB, the delivery of the goods is at your risk.
§5 Registration, Newsletter
5.1 You have the possibility to create a user account in the Internet shop or by order form by registering with an e-mail address and a password you have selected yourself. You can do this for example. Within the scope of the ordering process.
5.2 Within the scope of the registration, we send you a confirmation e-mail and set up an account for you to manage and update customer data, such as the delivery address or invoice address. You are required to keep your customer and payment data up-to-date to avoid payment and / or delivery delays.
5.3 You can always delete your user account at any time. Your personal data will be immediately deleted, as long as we do not have to save them according to legal regulations. For further information on the handling of your personal data, please refer to the data protection policy, which you can find here https://www.graceflowerbox.de/de/datenschutz
5.4 If you register for the Internet shop, then you are obliged to provide all information about your person completely and truthfully. You must ensure that your personal access data are kept confidential and the data (in particular the password) are not made accessible to third parties without authorization.
5.5 Only one user account may be opened per person. We reserve the right to delete multiple entries.
§ 6 Liability for Defects
6.1 The statutory right of non-liability exists for our product offering. The risk of a delayed standard delivery by 1 to 2 business days. In the event that delivery of the goods can not take place due to your erroneous information, we reserve the right to withhold the already collected purchase price and are not obliged to deliver the consignment again. We are not responsible for defects caused by improper treatment of the goods (ie, any treatment of the product which does not correspond to the respective care instructions).
6.2 In so far as you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following applies mutatis mutandis to the provisions of para. 1, p. 1:
6.2.1 As the condition of the goods, only our own data are deemed to be agreed upon.
6.2.2 You are obliged to inspect the goods promptly and with due attention to the quality and quantity and notify us of obvious defects within one (1) day from receipt of goods in writing (eg e-mail), sufficient to meet the deadline, Timely sending. This also applies to later discovered hidden defects from discovery. The assertion of the warranty claims is excluded in the case of infringement of the obligation to examine and to notify the customer.
6.2.3 In the event of defects, we shall, at our option, make a warranty by remedying or replacing the goods. If the defect clearance fails, you can demand a reduction of your choice or withdraw from the contract. The defect removal shall be deemed to have failed if the second attempt has been unsuccessful, if the nature of the defect or the other circumstances does not differ from it.
§7 Changes to the order data
Any changes to your customer data, such as the delivery address, invoice address, e-mail address or the like, as well as the changes for existing orders, must be sent to us at least 2 days before they become effective. Otherwise the change in delivery can not be considered.
§8 Right of Withdrawl
Consumers have a fourteen-day right of withdrawal when concluding a remote sales agreement. A consumer is any natural person who concludes the contract for a purpose which can not be attributed predominantly to either his commercial or independent occupation (§ 13 BGB). A distance contract is provided when the contract is concluded with the exclusive use of telecommunication means - in particular by letter, telephone, e-mail or fax - or via the Internet.
Consumers have the right to revoke the contract within fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods. In the case of a contract for several goods which you have ordered under a single order and which are delivered separately, the period of revocation shall be fourteen days from the date on which you or a third party you designate, other than the carrier, The last commodity has or has possessed.
In order to exercise your right of revocation, you must contact us, the
GRACE & FRIENDS GmbH
12107 Berlin, Germany
Fax number: +4930 55236771
Email: [email protected]
By means of a clear statement (for example, a letter, fax or e-mail sent by mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
In order to keep 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 will pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees.
You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the end of the deadline of 14 days.
They bear the direct costs of returning the goods.
They shall only be liable for any loss in value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
Right of withdrawal for subscription contracts
If you have ordered a subscription pursuant to § 2.2.2, the following right of revocation applies to you if you are a consumer:
Model withdrawal form:
If you want to revoke the contract, please fill out this form and send it back to:
GRACE & FRIENDS GmbH
12107 Berlin, Germany
Email: [email protected]
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):
Order number .......................................
Ordered on (*) / received on (*) ....................................... ...........
Name of consumer (s) .......................................... .......
Address of the consumer (s) .......................................... ........
Signature of the consumer (s) (only in the case of a communication on paper)
(*) Delete as appropriate.
Exclusion of the right of revocation
However, the right of revocation does not apply to the following contracts:
Contracts for the supply of goods which are not prefabricated and whose manufacture is subject to an individual selection or destination by the consumer or which are clearly tailored to the personal needs of the consumer,
Contracts for the delivery of goods which could quickly spoil (especially flowers) or their expiration date be quickly exceeded,
Contracts for the supply of sealed goods which are not suitable for return on grounds of health or hygiene if their seal has been removed after delivery,
Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery
Note: Please note that fresh cut flowers are fast-paced goods and there is no right of revocation.
§ 9 Complaints / Dispute Resolution
Since February 15, 2016, the EU Commission has provided a platform for out-of-court disputes. This gives consumers the opportunity to clarify any disputes related to your online order without the intervention of a court. The Dispute Settlement Platform is available at the external link http://ec.europa.eu/consumers/odr/.
In this context, we are obliged to notify you of our e-mail address [email protected] We always strive to settle disagreements from our agreement by mutual agreement. In addition, we have decided not to participate in a conciliation procedure. We are not obligated to do so.
10.1 German law applies to the exclusion of the UN purchase law.
10.2 If individual provisions of these General Terms and Conditions should be contrary to the statutory provisions and be invalid, the validity of the agreement shall remain unaffected.
10.3 If you are a merchant within the meaning of § 14 BGB, our registered office is the exclusive court of jurisdiction.