§ 1 Basic Provisions
(1) The following general terms and conditions apply to all contracts between the consumer and Fleurs de Paris Deutschland GmbH, the seller, which are concluded via the website https://www.fleursdeparis.com/. If nothing else has been agreed any terms or conditions the consumer may want to include are hereby expressly contradicted and do not form a part of the agreement between the parties.
(2) Consumer according to the following rules shall mean any natural person who concludes a legal transaction for personal and not for business purposes. Entrepreneur is every person or legal entity that acts in exercise of his or its trade, business or profession when entering into this agreement.
§ 2 Conclusion of contract
(1) The object of the contract is the sale of goods.
(2) Already by placing the particular product on our website https://www.fleursdeparis.com/ shall be a binding offer for the conclusion of a contract according to the terms of the product description.
(3) The contract shall be concluded via the online shopping basket system as follows:
The product(s) intended to purchase are stored in the “shopping basket”. Via the corresponding button in the navigation menu you can call up the “shopping basket”. There you can make adjustments at any time. After calling up up the site “checkout” and entering the personal data, payment and shipping terms you can check the order details on the order details site. Insofar as you selected an immediate payment system (e.g. PayPal, PayPal Express, PayPal Plus, Amazon-Payments, Postpay, Sofortüberweisung), you will either be forwarded to the order details site of our online shop or you will be forwarded to the website of the payment system provider. If you are forwarded to the providers website, please follow the required steps and enter your data there. Finally you will be directed back to the order details site of our online shop.
Before sending off your order you have the possibility to check all the details of your order again, to alter them (even via the function “back” of your browser) or to abort the order process.
By sending off your order via the button “buy”, you declare a legally binding acceptance of our offer, whereby the contact becomes effective.
(4) Invitations to us to make an individual offer to you are non-binding for you. We will present a binding offer to you in text form (e.g. via Email), which you can accept within 5 days.
(5) The execution of your order as well as the transmission of all necessary information concerning the contract conclusion takes place via Email partly automated. Therefore you have to ensure to provide us with a correct email address, that the reception of emails is technically ensured and in particular will not be prevented by spam filters.
§ 3 Individualized products
(1) For individualized design of products you have to provide us with suitable information, texts or data files via the online ordering system or at the latest immediately after contract conclusion via email. Attention should be paid to possible requirements concerning data file types.
(2) You undertake not to transmit data whose content would violate third-party rights (particularly copyrights, name rights or trademark rights) or violate existing laws. You explicitly release us of any third-party claims in this context. That encompasses costs for legal representation in this context too.
(3) We will not examine the transmitted data for content correctness and we assume no liability in this respect.
(4) As far as we create texts, pictures or graphics within the individual design process, all those are subject to copyright. Without our explicit approval usage, reproduction or alterations of single parts or complete contents is not allowed. As far as nothing else was agreed, we transfer a non-temporary right of use to you for those copyright-protected contents made for you. It is prohibited to provide the copyright-protected contents or parts of them to third parties for private or commercial use. The non-temporary right of use is subject to the condition precedent of complete payment of the agreed price.
§ 4 Right of retention, reservation of title
(1) You can only enforce a right of retention if and as far as the claim is related to the same contractual relation.
(2) The goods remain the property of Fleurs de Paris Deutschland GmbH until payment is made in full.
(3) If you are an entrepreneur, the following additionally applies:
a) We reserve the title to the goods until all due payments from the current business relation are made in full. Before the transfer of the title of the conditional goods lien and transfer as guarantee is not allowed.
b) You are entitled to sell the goods delivered in the proper course of business. For this case, you hereby assign to us all claims up to the amount of the invoice arising out of such resale, we herewith accept such assignment. You are authorized to collect the transferred claim. We reserve the right to collect the outstanding payments should you not properly fulfil your payment duties.
c) Upon the combining and mixing of the reserved goods, we acquire co-ownership in the new item in the proportion of the invoice of the reserved goods to the other processed goods in the time of processing.
d) We undertake to release the securities due to us at your request, as far as the realizable value of our securities exceeds the claim it is given for by more than 10 %. We shall be responsible for selecting which securities to release.
§ 5 Warranty
(1) The sold goods are subject to statutory warranty rights.
(2) As far as you are an entrepreneur, the following different regulations apply:
a) Only our own information and the product description by the manufacturer are deemed to serve as an agreement about the quality structure of the products, but not other advertising, public promotions or statements by the manufacturer.
b) You are obligated to check the goods for quality and quantity deviation without undue delay and to tell us in writing within 7 days from the receipt of the goods. The sending of the notice in time suffices for compliance with the deadline. The same notification period shall apply to latent defects or defects occurring at a later point in time, calculated from such defects’ discovery. The delivered goods will be accepted as according to contract in any case of breach of the customers obligations to inspect and claim.
c) In case of defects we initially provide warranty of our choice through rework or replacement. In the event that such elimination of defects fails to remedy the defects, you shall be entitled at your own discretion to demand a price reduction or revoke the contract. The remedy of the defect shall be deemed as failed after the second unsuccessful attempt, except that something other results from the kind of the business or the defect or the other circumstances in particular. In the event of rework we are not obliged to bear the higher costs, that arise from the shipment of the goods to another location other than the place of performance, if the shipment does not correspond to the intended use of the goods.
d) The warranty period is one year after delivery of the goods. This abbreviation of the warranty period shall not apply in case of malicious conduct of the seller.
§ 7 Governing law, place of performance, legal jurisdiction
(1) German law applies. For any consumer, this choice of law applies only to the extent that the protection granted by the mandatory provisions of the law of the country of habitual residence is not deprived (favourability principle).
(2) Place of performance for all performances from the business relation with us and legal jurisdiction is the registered seat of Fleurs de Paris Deutschland GmbH, as far as you are not a consumer but an entrepreneur. The same applies if you have no place of general jurisdiction in Germany or the EU or the residence or habitual residence at the time a legal action is filed is unknown. The capacity to appeal to another court of jurisdiction remains thereby unaffected.
(3) The provisions of the UN sales convention do not apply.
1. Identity of the seller
Fleurs de Paris Deutschland GmbH
Telephone: +49 30 55571061 (Mo-Sat, 10am-8pm)
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract and the correction possibilities shall be in accordance with Section 2 of the general terms and conditions.
3. contract language, contract text record
3.1. The contractual language is German, as far as nothing else has been agreed.
3.2. The complete contract text is not recorded by us. Before sending of the order, you can print or save it electronically via the online shopping basket system. After we received the order, wo will send you all order details, the mandatory information for distance selling contracts and general terms and conditions via Email.
3.3. If you made us an invitation to treat outside of the shopping basket system, we will provide you with all the order data within the framework of a binding offer via Email which you can print out or record electronically.
4. Essential characteristics of the goods
The essential characteristics of the goods can be found in the product description and the additional information on our website.
5. Prices and payment methods
5.1. The prices shown in the particular product descriptions and the shipment costs shall be total prices. They include all price components and resulting taxes.
5.2. The shipment costs are not part of the product price. They can be found via the corresponding button on our website, will be disclosed separately and shall be beared by you additionally, as far as no cost-free shipment is promised.
5.3. The available payment methods are shown on our website and are accessible via the corresponding button.
5.4. As far as it is not stated otherwise, all payment claims arising out of the concluded contract will be due for immediate payment.
6. Delivery conditions
6.1. The delivery conditions, the time of delivery and if necessary supply restrictions are available via the corresponding button on our website or in the particular product description.
6.2. If you are an entrepreneur, the delivery and shipment takes place at your own risk.
7. Statutory warranty rights
7.1. The warranty for our products conforms to the term “Warranty” in our general terms and conditions (Part I).
7.2 As consumer we ask you kindly to check your purchase thoroughly for completeness and damages caused during transportation. Please inform us and the carrier as quickly as possibly if there are any faults or damages in your purchase. Failure to do so will have no effect on your statutory warranty claims.
These terms and conditions and customer information were generated by lawyers of the dealer association specializing in IT law and they are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of these texts and is liable in the case of warnings. For further information, please visit: http://www.haendlerbund.de/agb-service.
Last update on 27.06.2016
(Consumer shall mean any natural person who concludes a legal transaction for personal and not for business purposes.)
You have the right to withdraw this contract within 14 days without giving reasons. The withdrawal period is 14 days from the time of delivery. To exercise the aforesaid right, you have to give us –
Fleurs de Paris Deutschland GmbH,
Telephone: +49 (0) 30-55571061,
Fax: +49 (0) 30-555710619,
– a clear statement (e.g. via letter, telefax or email) about your decision to revoke this contract. Therefor you can use the sample form (which is not required). To comply with the notice period it shall be sufficient if you dispatch the notice for the exercise of the aforesaid right within the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Reasons for exclusion or termination
The right of withdrawal does not apply for contracts for the delivery of goods which are not premade and for whose production an individual selection or provisions from the consumer is relevant or which are customized for the personal requirements of the consumer.