General Terms of Business of the Internet-Blumenvertriebsgesellschaft bR
(Internet Sales Company) "Euroflower"
§1Area of application
The business relationship between Euroflower and the purchaser, and all other future transactions, are governed solely by the following General Terms of Business in the applicable version. Euroflower will only recognise the purchaser's different terms if Euroflower gave its prior express agreement thereto.
§2Applicable law
The law of the Federal Republic of Germany applies, under exclusion of UN purchasing law.
§3 Contract conclusion and withdrawal
Euroflower undertakes to accept the order according to the terms laid down in the website. Euroflower is entitled to withdraw in the event of typing, typographical and calculation errors on the website. The purchase contract will only take effect, and delivery will only take place, once Euroflower has received the purchaser's payment.
§4 Delivery
Unless otherwise agreed, delivery will take place ex-warehouse to the address stated by the purchaser. The risk is transferred to the purchaser as soon as the delivery has left Euroflower's premises; this applies even if partial deliveries are being made. Delivery deadlines will be deemed to have been observed once the goods have been handed over for shipping on the date stated on the website. Beyond this, delivery deadlines do not form part of the delivery agreement.
Euroflower is not liable for consignments which have been delivered but not collected.
The delivery deadline will be extended in the case of events beyond Euroflower's control (natural disasters, strikes and the like). In this case Euroflower will not be liable for any damage to the goods which may occur. This also applies if the events beyond Euroflower's control are in the supplier's location, whether in the Federal Republic of Germany or abroad.
Losses occurring due to delayed delivery are limited to the purchase value. Euroflower is not liable for commercial, moral or notional losses which may occur due to any delayed arrival of the delivery to the sender or recipient.
§5Payment
The purchase price is due with the order. Payment may be made by credit card,
SET, cheque or transfer, whereby the order will only be accepted when Euroflower has received the money. Euroflower is entitled to demand from the purchaser the costs for uncleared cheques or other payment methods subject to complaint.
§6Defects and liability
If Euroflower has caused a defect to the object purchased, Euroflower may decide whether the defect can be remedied or whether a replacement delivery is to be made. If neither option is possible within an appropriate period of 14 days, the purchaser may withdraw from the contract. Further claims by the purchaser are ruled out.
Euroflower is liable for transport damage clearly arising from the freight within the framework of the packet insurance provided by Deutsche Post AG.
Any liability by Euroflower for lost profit or for other tangible or intangible losses suffered by the purchaser is ruled out.
The above liability restriction does not apply if the cause of the loss is due to premeditation or gross negligence.
§7Data protection
Euroflower has extensively informed the purchaser regarding the type, purpose, scope and location of the collection, processing and utilisation of the personal data necessary for executing the orders (see FAQs). The purchaser expressly accepts this use of the data.
§8Legal venue
Torgau is deemed to be agreed as the sole legal venue for disputes arising from the business relationship with Euroflower. The same applies to purchasers from abroad or purchasers whose location is unknown.