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3. Offer and Conclusion of Contract
4. Wording of a contract
5. Order Cancellation, Right of Revocation5a. Consequences of Revocation
6. Prices and Shipping costs
9. Reservation of Title
11. Disclaimer and Warranty
12. Place of Performance and Jurisdiction
13. Salvatory clause
The following terms and conditions are binding to the customer and are accepted by sending the order basket at www.floralpin.de (following "shop"). Any separate terms expressed by the customer have to be approved in written form by Frank Schmidt (www.floralpin.de) and are not effective before that.
The bill of sale comes along:
Danziger Straße 10
Vat Nr.: 97092/74523
Owner: Frank Schmidt
They reach my customer service for questions, complaints and objections on workdays from 9:00h to 18:00h under the telephone number +49 (0) in 7157 21235 as well as by e-mail under email@example.com.
3.1 The representation of the products in the on-line shop shows no juridically binding offer, but a request on the order. Mistakes reserve.
3.2 By clicking the badge "order send off" in the last step of the order process you deliver an obliging order of the goods contained in the goods basket. The bill of sale comes about if we accept your order by a confirmation of order by e-mail immediately after the preservation of your order.
3.3 You can also place an order via E-mail or by letter.
The contract text is stored on our internal systems. You can see the general terms of business any time on this side. The order data and the Terms and Conditions are sent to you by email. After end of the order the contract text is not accessible for safety reasons any more on the Internet.
Order Cancellation, Right of Revocation/Return of Goods
You have a legal cancellation right.
a) Cancellation of Pending Orders
As long as goods have not been shipped, the customer may cancel a contract at any time free of charge. The cancellation of contract must be indicated in writing (e.g. by email, fax, letter) to www.floralpin.de. Besides all orders without receipt of payment are deleted automatically by the shop after 14 days. For all orders paid in advance the customer receives a reimbursement of the total order value via PayPal payment or bank transfer.
b) Revocation of Shipped Orders
Private customers have a 14 day right of revocation and/or return of any goods ordered online at distance as described in German Fernabsatzgesetzes (FernAG) [Law for Distance Selling] in general. The time limit starts with receipt of goods by the customer. Any contracts with commercial clients (e.g. resellers) are not covered by FernAG. All perishable goods, which are by their nature unsuitable for a return, are exempted in article § 3 clause 2 FernAG. In compliance with FernAG perishable goods are seeds and plants. In this case a cancellation depends on a written approval by me (www.floralpin.de). The customer has to ask me (www.floralpin.de) in a written form (e.g. by means of email, fax or letter) for such an approval within 14 days after receipt of goods by the customer. If I (www.floralpin.de) agrees to a cancellation return all goods have to be sent to:
Danziger Straße 10
Fax: +49 (0)7157 534511
End of the cancellation instruction
Consequences of Revocation
In case that I (www.floralpin.de) accepts a revocation, on both sides all received benefits have to be returned and any benefits have to be redeemed. If the customer cannot return the received benefits totally or partly, or only in worsened conditions to me (www.floralpin.de), the customer must indemnify me (www.floralpin.de to the value of that extent. This doe)s not apply to the degradation of goods as a result of examination - as it would have been possible for the customer in a local store for example. In all other respects the customer can avoid the obligation of an indemnification as a result of degradation of goods by not taking goods into his property and omitting everything, which degrades their value. All shippable goods are to be sent back on danger of Frank Schmidt (www.floralpin.de.) The customer has to bear the cost of return, if the supplied goods correspond to the ordered and if the order value does not exceed an amount of € 40.00. Otherwise the return is free for the customer, and all his necessary return expenses are refunded by me (www.floralpin.de). Obligations for reimbursement of payments must be fulfilled within 30 days. This time limit begins for the customer with the acceptance of his revocation by me (www.floralpin.de) or for me (www.floralpin.de) with receipt of goods.
6.1 Prices for consignments within Germany and the EU
All prices are stated in € [EUR] and contain the legal value added tax.
6.2 Minimum Order Value
There is a minimum order value of Euro 40,00.
6.3 Packing and Shipping Costs
The shipping costs depend on the amount of the ordered goods as well as the dispatch kind and are clearly informed of you before delivery of your obliging order. You also find an overview on the side dispatch.
Costs for packing and shipping are automatically calculated from the shop by the total order weight and are for a delivery by standard post (Hermes ord DHL) to:
- for orders up to 12kg: € 8,00
- for orders up to 20kg: € 10,00
- for orders up to 30kg: € 15,00
- for orders up to 40kg: € 20,00
- for orders above 40kg: € 30,00
b) Europe (by airmail)
- for orders up to 1kg: € 12,50
- for orders up to 2kg: € 15,00
- for orders up to 10kg: € 20,00
- for orders up to 20kg: € 30,00
- for orders up to 30kg: € 40,00
- for orders up to 40kg: € 60,00
- for orders up to 60kg: € 90,00
- for orders up to 80kg: € 120,00
- for orders up to 100kg: € 150,00
- for orders above 100kg: € 200,00
7.1 Delivery is only possible within the European Union (EU).
Orders from EC countries are dispatched after prior receipt of payment only. After receipt of payment all goods will be shipped within 14 days, if the customer does not receive a separate written note by e-mail stating a different date of dispatch which will be shown in his customer account as well (see below 10.) Data Protection and Privacy & Customer Account). On grounds of incidences provoked by third parties (e. g. strike) dispatch may be postponed. If payment is not received within two (2) weeks after the date of order confirmation from me (www.floralpin.de), the order will automatically be cancelled by the shop and reserved items are offered again in the shop.
If the customer has certain restrictions/wishes for dates/periods of dispatch, these shall be clearly stated in the order.
8.1 Payment can be done by credit card via PayPal or by Prepayment via bank transfer or cash.
8.2 Payment by Credit Card
A credit card payment is processed by PayPal via an instant online payment gateway on conclusion of the order. PayPal accepts the following credit cards: VISA and Master Card. Other credit cards than the former and/or a manual debiting of credits cards are not accepted.
8.3 Payment by bank Transfer in € [EUR]
All bank costs, local as well as foreign costs for the bank transfer have to be included in the payment.
We inform you about our bank details in the confirmation of order. After receipt of your payment we ship your ordered goods to your shipping address.
Since 01 July 2003 all bank transfers within the European Union (EU) have to be charged at your economic, local costs. To use this fast, inexpensive, and secure way to make a payment, the customer will need the S.W.I.F.T.-BIC and IBAN number as shown in the order confirmation in order to make the transfer.
8.4 Prepayment via registered letter (Cash Payment)
Sending Cash in € [EURO] (only by registered mail) to:
Frank Schmidt, Danziger Str. 10, D-71111 Waldenbuch, Germany
8.5 Personal Cheques and/or International Money Orders are NOT accepted.
Retention of title
All delivered goods remain my property until all claims have been met.
All goods are supplied in best state and free of any damages on the day of dispatch. www.floralpin.de does not hold responsibility for any damages, which may occur during transport. Any perceptible damages must be brought immediately to the carrier's notice.
On arrival of goods the customer has to control all articles for their completeness and intact condition. If there should be any good not satisfactory for which www.floralpin.de does hold responsibility (e. g. wrong items), the customer has to contact me (www.floralpin.de) in written form (e.g. by email, fax, letter) within 3 days after receipt of goods. Only after a written approval from me (www.floralpin.de) all articles have to be sent back in their original package. The customer is given either a replacement as quickly as possible, a credit note is issued or a refund is given. For any return, which has not been approved by www.floralpin.de, as well as for all later complaints, no replacement, credit note nor refund will be given. I will do everything to solve the problem immediately to ensure complete satisfaction of the customer.
I don´t hold any liability for subsequent losses arising from partial or complete failure of any material supplied. I do liable only up to the total order value as specified in the invoice.
Some plants or plant parts are highly toxic. Hence, they may not be taken in the mouth, not be eaten and not be drunk or be used for other purposes. They must be kept beyond the reaching area of child hands. I assume no liability for the improper use of the products offered by us.
I can´t take warranty for the accumulate of plants, because this lies beyond our sphere of influence.
The warranty for authenticity of ordered plant species will be effected up to the full invoiced amount.
The colours of the illustrated products on the Internet can deviate for different reasons (lighting conditions at the time the picture was taken, monitor settings or quality of the graphics map etc.) from the original.
The place of performance and jurisdiction for both parties is located within Germany. Only German law is applicable.
Should any of the above terms and conditions become legally ineffective on account of cancellation, other agreements or for other reasons, the ineffective terms shall be substituted by an acceptable alternative. In case of any difference between the German and the English version, the German version will always prevail.