General Terms and Conditions

1. scope of application2. contractual partners, conclusion of contract, correction options3. contract language, contract text storage4. subject matter of contract5. requirements and handling of customer content6. delivery conditions7. payment8. right of cancellation9. retention of title10. transport damage11. warranty and guarantees12. liability13. agreement to use Trusted Shops buyer protection14. dispute resolution15. protection of minors16. final provisions

1. scope of application

These GTC apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2 Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with FlowersDeluxe Einzelunternehmen.

By placing the products in the online shop, we submit a binding offer to conclude a contract for these products. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the products contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3 Contract language, contract text storage

The languages available for the conclusion of the contract are German, English.

We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in your customer login.

4 Subject matter of the contract

4.1 Product description

The respective product description is an integral part of the contract.

4.2 Product images

Due to individual screen configurations (e.g. resolution/brightness), slight deviations between the displayed and actual product colours are possible.

5 Requirements and handling of customer content

5.1 Requirements

If you are required to send us content (e.g. texts for greeting cards, data, files) in order to fulfil the contract, the technical possibilities and requirements are based on the respective product description. You are responsible for the legality and correctness of the content; we do not carry out an editorial check prior to execution.

5.2 Compliance with applicable law

The content and the products to be created from it must comply with legal requirements and may not infringe the rights of third parties or contain any immoral or illegal content.

5.3 Indemnification

You shall indemnify us against claims asserted by third parties in connection with an infringement of rights through the contractual use of your content. This includes necessary legal defence costs. The indemnification does not apply if you are not responsible for the infringement.

5.4 Reservation of cancellation

We may refuse orders or withdraw from the contract if the content provided violates the law or morality or if there is reasonable suspicion of this.

6 Terms of delivery

6.1 Types of delivery

Florist Same Day (personal delivery): For orders placed with the florist by Mon-Fri by 13:00 and Sat by 10:00, delivery will be made on the same day if available. Delivery on Sundays and public holidays cannot be guaranteed.
DHL parcel delivery: Regular delivery on the selected delivery day between 8:00 and 18:00. It is not possible to specify a time slot. In exceptional cases, delivery may be delayed by 1-2 working days.

6.2 Delivery times

Deliveries by florists are generally made Mon-Fri 8:00-20:00, Sat 8:00-16:00. Specific times are not owed.

6.3 Sundays and public holidays

Delivery on Sundays and public holidays (e.g. Christmas/New Year) is generally not guaranteed. Orders for such days will be delivered the day before or the next working day, depending on availability. Our customer service is not staffed on Sundays/holidays; we answer enquiries by e-mail on the next working day.

6.4 Special delivery locations (hotels, hospitals, public authorities/offices, doctors' surgeries)

Delivery is deemed to have been duly made upon handover at the reception desk of the respective establishment. Please note: Not all hospitals allow plants or strongly scented flowers; flowers are regularly prohibited in intensive care units. If necessary, clarify the delivery option with the facility in advance.

6.5 Packing stations

We do not deliver to packing stations.

6.6 Delivery attempts & collection (florist delivery)

Delivery by a local florist includes one delivery attempt. If the courier does not reach the recipient, the bouquet can be collected from the local florist shop at no extra cost.

6.7 Cancellations (florist delivery)

Cancellations for florist deliveries must reach us at least 24 hours before the day of delivery (one working day).

6.8 Availability/Network

FlowersDeluxe uses a large network of florists. If no florist is available at the recipient's location, we will inform you by e-mail and offer DHL parcel delivery as an alternative, if possible.

7 Payment

7.1 Prices

The total prices stated at the time of ordering, including VAT, apply.

7.2 Due date and default of payment

The price is due upon conclusion of the contract, unless otherwise stated in the payment methods.

For consumers: In the event of repeated reminders, we may charge a fee of €1.50 per reminder. Proof of lower damages remains possible.

For entrepreneurs: Statutory default interest of nine percentage points above the base interest rate and a lump sum of €40 may be charged.

7.3 Payment methods

The following payment methods are generally available (details in the checkout)

Apple Pay - via Apple Inc (requirements: Safari, Apple account, activated Apple Pay). The amount is debited immediately after the order is placed.
Klarna - services of Klarna Bank AB (publ.), only for consumers and subject to address/credit check:
- Purchase on account - Due 30 days after dispatch and receipt of invoice.
- Klarna direct debit - debited after dispatch (with prenotification).
PayPal / PayPal Express - via PayPal (Europe) S.à r.l. et Cie, S.C.A.; if applicable, additional options in the PayPal account (e.g. credit card via PayPal, direct debit via PayPal, purchase on account via PayPal; each subject to PayPal verification). The amount will be debited according to the PayPal details.
Sofort by Klarna - online bank transfer via Sofort GmbH; account debited immediately after order.

8. right of cancellation

The statutory right of cancellation applies in accordance with our cancellation policy.

9. reservation of title

The goods remain our property until full payment has been received. For entrepreneurs, the following also applies: We reserve the right of ownership until all claims from the current business relationship have been settled; further regulations (assignment in the event of resale, etc.) apply in accordance with the statutory provisions.

10. transport damage

For consumers: If goods are delivered with obvious transport damage, please complain to the deliverer as soon as possible and contact us. Failure to do so will not affect your statutory rights; however, it will make it easier for us to enforce our own claims against the carrier.

11 Warranty and guarantees

11.1 Liability for defects

The statutory liability for defects applies. The following restrictions/shortened periods do not apply to damages resulting from injury to life, limb or health, in the event of intent/gross negligence/intent, in the event of breach of essential contractual obligations (cardinal obligations), within the scope of a guarantee promise and within the scope of application of the Product Liability Act.

Towards entrepreneurs: Only our specifications and included manufacturer's descriptions shall be deemed to be a quality agreement. Limitation period for claims for defects for newly manufactured items: 1 year from transfer of risk (exceptions by law). § Section 377 of the German Commercial Code (HGB) (obligation to inspect/notify defects) applies.

11.2 Guarantees and customer service

Information on any additional guarantees and their conditions can be found with the product and on the relevant information pages.

12 Liability

We shall be liable without limitation for damages resulting from injury to life, body or health, in the event of intent and gross negligence, in the event of guarantees assumed (if agreed) and within the scope of application of the Product Liability Act.

In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), our liability shall be limited to the foreseeable, typical damage. Otherwise, claims for damages are excluded.

13. agreement on the use of Trusted Shops buyer protection

You can protect orders up to an order value of € 100 free of charge via the buyer protection of Trusted Shops SE; beyond this, Trusted Shops offers a fee-based protection with a guarantor. The buyer protection conditions apply, availablehere, and are concluded via the so-called Trustcard (pop-up on the thank you page). If you are already registered, the protection is automatic. To offer (automatic) buyer protection, the Trustcard accesses local order data (hash of your e-mail address, order number, order total) in the browser cache. Data protection information can be found in the linked terms and conditions.

14 Dispute resolution

We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

15. protection of minors

If your order includes products with age restrictions, we will ensure that the minimum age is reached by means of reliable identity/age verification. The deliverer will only hand over the goods after age verification and only to the customer personally.

16. final provisions

German law applies to entrepreneurs to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is our registered office.