- In the following: FLOWER FACTORY -
§ 1 REPORT ON APPLICABILITY
The FLOWER FACTORY provides floristry services including the delivery or production and sale of flowers, plants, ceramics, accessories, florist supplies, decorative items and accessories, decorations and events, floristry services
FLOWER FACTORY's deliveries, services and offers are based exclusively on the following terms and conditions. The GTCs valid at the time the contract is concluded shall apply. Any deviating, conflicting or supplementary general terms and conditions or contractual terms and conditions of the customer shall only become part of the contract if FLOWER FACTORY has expressly agreed to their validity in writing.
§ 2 CONCLUSION OF CONTRACT
Our offers are subject to change.
The contract is concluded when the client accepts FLOWER FACTORY's offer. The contract is also concluded when FLOWER FACTORY accepts an offer from the contractor.
Cancellations of concluded contracts within the meaning of §2 paragraph 1 (small orders up to 100 €) are possible free of charge up to 24 hours before the date of performance, provided that FLOWER FACTORY has not already incurred costs due to e.g. pre-ordering or specially ordered goods, expenses necessary for production or performance or similar. If it is no longer possible to cancel free of charge, the costs incurred shall be borne by the client. There is no right to the return of goods in this context. Cancellations at a later date shall be invoiced at the order value.
For cancellations of concluded contracts within the meaning of §2. para. 2. (orders with an order value >= 100.- €), the following cancellation policy shall be deemed agreed upon conclusion of the contract:
If offers or an order confirmation are prepared according to the information and documents provided by the customer, FLOWER FACTORY assumes no liability for the accuracy of this information and documents, unless FLOWER FACTORY intentionally or grossly negligently fails to recognize their inaccuracy or unsuitability.
All items supplied by FLOWER FACTORY on the occasion of the booked event - with the exception of flowers, plants or objects designated and agreed in text form to remain with the customer - are and remain the property of FLOWER FACTORY and are only provided on a loan or rental basis. If items are provided on a rental basis - i.e. for a fee - the respective rental price shall be stated in the order confirmation. The customer must always treat rental and loaned items (e.g. vases, glasses, candlesticks, other decorative items) with care and return them immediately or as agreed after the end of the event. For damaged, destroyed or lost items, the customer must pay full compensation in the amount of the replacement costs (in the event of destruction or loss) or in the amount of the restoration costs (in the event of damage). Unless otherwise agreed, glassware and decoration materials shall be deemed to have been loaned.
However, it is possible for items provided to be purchased by separate agreement. In this case, a separate invoice will be issued. We are entitled to demand a reasonable non-interest-bearing deposit for the duration of the transfer. At our request, the customer or a person designated and authorized by the customer must acknowledge receipt of the items intended for temporary use according to type and quantity.
§ 3 DELIVERIES AND SERVICES
For deliveries within the meaning of Section 2 (1), in particular bouquets, flower arrangements, plants, accessories, decorative items, funeral floristry and similar items, delivery charges shall be charged in the amount of a basic fee plus a flat rate per kilometres between FLOWER FACTORY and the recipient. This is charged per journey (e.g. for second deliveries).
The delivery charges correspond to the price list valid at the time and displayed in the FLOWER FACTORY store.
If a delivery is made by a third party (delivery service, courier, etc.), the delivery conditions set out in the respective GTCs shall apply.
The prices and conditions stated in the order confirmation shall apply to other deliveries and service times, in particular for orders within the meaning of Section 2 (2).
§ 4 PRICES
FLOWER FACTORY's prices include the applicable value added tax, unless otherwise stated in the GTCs. Additional services shall be remunerated separately or as described in § 3. These include, in particular, deliveries, collections, shipping, extra accessories, special packaging, cards, changes to packaging, materials, arranging at a third location, wine or chocolates.
§ 5 TERMS OF PAYMENT
All prices are shown in EURO. Payment must be made in cash, by Giro card, by credit card (Master/ VISA Card) or by bank transfer to the account specified by FLOWER FACTORY on the invoice. In the event of late payment, statutory default interest shall be payable.
Unless otherwise agreed, invoice amounts are due for payment 7 days after the invoice date. FLOWER FACTORY is entitled to demand advance payments or payments on account. In this case, the advance payments shall be expressly stated and quantified in the order confirmation.
§ 6 WARRANTY
FLOWER FACTORY guarantees that the ordered goods are in a fresh, flawless condition at the time of delivery. If the customer has ordered goods, the delivered flowers and plants may deviate in structure and color from the flowers and plants inspected, insofar as this is customary in the trade and unless a special agreement has been expressly made regarding the variety and/or color of the flowers and plants. The color of specified flowers cannot be guaranteed, as flowers are a natural product and the hue is subject to natural variations.
Unless otherwise agreed in individual cases, claims for complaints can only be asserted if the goods to be complained about are presented within 48 hours of delivery or purchase.
Improper care of cut flowers, improper care of plants, improper handling of goods and their improper and weather-appropriate transportation or transportation that is not adapted to the respective climatic conditions shall release FLOWER FACTORY from any claims for damages.
§ 7 DELIVERY
Ordered goods or services must be delivered by FLOWER FACTORY on the agreed date. The customer is obliged to take delivery of the goods or services on the agreed day or at least to ensure that the goods or services are accepted in some other way. The ordered goods will be delivered on the requested date, with the exception of Sundays and public holidays, where delivery can only be made by prior arrangement and, if necessary, written confirmation from us.
The risk of accidental loss and accidental deterioration shall pass to the customer when the goods are handed over. If the customer is in default of acceptance, this shall be deemed equivalent to handover.
In cases of force majeure, timely delivery cannot be guaranteed. Force majeure includes in particular War, civil unrest, outbreak of epidemics, disturbance of public order, curfew, strikes, natural disasters, black ice, snowstorms, etc. Orders for recipients in hospitals, homes, hotels, offices or ships are deemed to have been carried out if they have been duly handed over to the relevant staff or at reception. The flowers or services and any additional items are generally handed over to the recipient in person. If the recipient cannot be reached, the flowers and any additional items can be handed over to a neighbour. If the flowers and any additional items are delivered to a neighbour, the recipient will receive a written notification with the name of the neighbour in the mailbox or in the mail slot of the door or on the door itself. Deliveries are made during the business hours applicable at the time of delivery (see also § 10). Due to the seasonal variation in prices, the customer agrees that only the value of the goods paid by him is decisive for the delivery, but not any quantity specified. An unconditional quantity delivery requires prior price agreement. The customer further agrees that if the desired goods are not available, other goods of the same value, as similar as possible, will be delivered. The customer is solely responsible for the correctness and completeness of the recipient's address. In the event of incorrect or incomplete information, the customer shall bear any costs incurred. No liability is accepted for cards or letters enclosed with the flower delivery. This also applies to undeliverable deliveries if the recipient cannot be reached at the time requested by the customer.
§ 8 DELIVERY ADDRESS
The customer placing the order is responsible for the correctness and completeness of the recipient's address. If the delivery cannot be carried out due to incorrect or incomplete address information provided by the customer, the customer shall bear both the shipping costs for the delivery attempts that were unsuccessful due to the incorrect or incomplete information and the shipping costs for any subsequent successful delivery. If the customer has agreed that the flowers are to be left at the recipient's door if the recipient is not found, the customer shall bear the risk of damage, possible loss of quality, loss due to theft or damage by third parties if the flowers are left.
§ 9 LIABILITY
The contractual or non-contractual liability of FLOWER FACTORY, the managing directors and their vicarious agents is limited to intent and gross negligence. Excluded from this limitation of liability is liability for culpable injury to life, limb or health. Liability under the Product Liability Act, for the assumption of a guarantee for the quality of an item and for the breach of material contractual obligations shall also remain unaffected. FLOWER FACTORY shall not be liable for damages resulting from the improper removal of pinned or otherwise attached goods by the customer or third parties.
§ 10 DELIVERY TIMES
Deliveries are made within the business hours applicable at the time of delivery.
Delivery at other times or at a specific time requires prior agreement (in the case of orders in accordance with § 2.2 in text form).
§ 11 RETENTION OF TITLE
FLOWER FACTORY retains ownership of the purchased item until the invoice amount has been paid in full.
If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
§ 12 OFFSETTING
Offsetting against our claims from contracts is only possible with undisputed or legally established counterclaims.
§13 RIGHT OF RETENTION
A right of retention shall only exist if and insofar as the counterclaim is based on the same contractual relationship.
§ 14 PLACE OF PERFORMANCE
The place of performance is the registered office of FLOWER FACTORY.
§ 15 CONTRACTUAL LANGUAGE
The contract language is German.
§ 16 WRITTEN FORM
Amendments to these GTC are only possible in writing. This also applies to the written form clause. Verbal collateral agreements are excluded. All ancillary agreements must be made in writing.
§ 17 DATA PROTECTION
The FLOWER FACTORY uses personal data exclusively for purposes related to the order. Personal data will of course be treated confidentially and only forwarded to fulfil the order. The customer expressly consents to the collection, processing and use of the data received in connection with the business relationship. The detailed privacy policy is available here: (www.flower-factory.de/data-protection ).
§ 18 PLACE OF JURISDICTION AND APPLICABLE LAW
The place of jurisdiction is Berlin, for consumers the competent court at the consumer's place of residence. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Status 09/05/2025
