Terms and Conditions
- Our ornamental plants are to be used exclusively for botanical purposes.
- However, should a customer intend to extract narcotics from a plant offered by our store, this would constitute an offense under the Narcotics Act. If such behavior is identifiable by our sales team, we are unfortunately obliged to deny the conclusion of a purchase agreement or to dissolve an already concluded purchase agreement.
- No sales to individuals who have not yet reached the age of 18.
- By entering into a purchase agreement, the buyer commits to not using the ornamental plants purchased from our store for any unlawful purposes.
- Unfortunately, we cannot accept reservations without a deposit.
- In installment sales, the deposit will be forfeited if the goods are not collected at the agreed-upon time.
1. Scope of Application
For business relationships between the customer and Flowery Field GmbH in distance selling, only these General Terms and Conditions shall apply in the version valid at the time of contract conclusion. Unless expressly approved by Flowery Field GmbH, any divergent terms and conditions of the customer shall not be recognized.
2. Conclusion of Contract
The conclusion of a contract requires an offer from the customer and acceptance by Flowery Field GmbH. The offer is made by submitting the fully completed order form on the website of Flowery Field GmbH. Flowery Field GmbH confirms receipt of the order (the offer) to the customer via email. This order confirmation does not constitute a binding acceptance of the offer by Flowery Field GmbH; rather, this occurs only upon the shipment of the ordered products to the customer.
Flowery Field GmbH reserves the right to not accept orders (offers). In such cases, Flowery Field GmbH will promptly notify the customer via email. Any payments already made by the customer will be promptly refunded by Flowery Field GmbH in such cases.
3. Right of Withdrawal for the Customer according to § 5e and § 5f KSchG
If the customer is a consumer within the meaning of the Consumer Protection Act (KSchG), they can withdraw from a distance contract or a declaration of contract made in distance selling within the withdrawal period of 7 working days, with Saturday not counting as a working day. It is sufficient if the withdrawal declaration is sent within the deadline. The withdrawal period for contracts involving the delivery of goods begins on the day of their receipt by the customer.
The customer does not have a right of withdrawal for contracts involving goods that are made to customer specifications, that are clearly tailored to personal needs, that are unsuitable for return due to their nature, that can perish quickly, or whose expiration date has passed, as well as for audio or video recordings or software, provided that the delivered items have been unsealed by the consumer, and for newspapers, magazines, and illustrated magazines, except for contracts for periodicals (§ 26 (1) Z. 1 KSchG).
In the event of the exercise of the right of withdrawal, Flowery Field GmbH shall refund to the customer the payments made by him without delay, and the customer shall return the received goods promptly. The customer bears the direct costs of returning the goods.
4. Prices and Payment Conditions
The prices listed by Flowery Field GmbH in the order form are, unless expressly stated otherwise, gross prices including value-added tax. Price changes, especially in the case of errors, are reserved. The customer acknowledges that they are required to pay the fee for the ordered goods in advance and that all costs associated with the payment process, especially bank charges, are at their expense.
5. Delivery
The ordered goods will be delivered within 14 days after receipt of payment to the specified delivery address. The shipping costs depend on the rates of the postal service or the courier service, depending on the size and weight of the package, and will be communicated to the customer in the email confirming receipt of the order. The customer is responsible for any customs duties and other public-law charges. From the moment the goods are handed over to the postal service or the courier service, the customer bears the risk for the goods, and this also applies to partial deliveries.
6. Warranty and Compensation
Flowery Field GmbH provides warranty for defects existing at the time of delivery of the goods within the framework of legal regulations. The warranty period is two years for contracts with consumers within the meaning of the Consumer Protection Act (KSchG), otherwise six months, each starting from the customer’s acceptance of the goods.
7. Data Protection
The customer acknowledges and agrees that the data provided by them to Flowery Field GmbH will be stored, processed, and used for accounting purposes, customer records, and for advertising purposes by Flowery Field GmbH. The data will be treated in accordance with applicable data protection laws and will not be disclosed to third parties. Flowery Field GmbH takes customary measures to protect the data stored with it.
8. Severability Clause
If individual provisions of these General Terms and Conditions are wholly or partially ineffective, this shall not affect the validity of the remaining provisions.
(Last update: 2018)