Terms and Conditions
General Terms and Conditions of the Florascent Shop (www.florascent-shop.de)
(including mandatory statutory information)
Contents
§ 1 Scope and Provider
§ 2 Conclusion of Contract
§ 3 Prices
§ 4 Shipping Costs
§ 5 Delivery Conditions
§ 6 Payment Terms
§ 7 Retention of Title
§ 8 Right of Withdrawal
§ 9 Liability for Defects (Warranty)
§ 10 Liability
§ 11 Redemption of Promotional Vouchers
§ 12 Redemption of Gift Vouchers
§ 13 Applicable Law
§ 14 Place of Jurisdiction
§ 15 Alternative Dispute Resolution
General Terms and Conditions of the Florascent Shop (www.florascent-shop.de)
(The following Terms and Conditions also contain statutory information regarding your rights under the provisions governing distance selling contracts and electronic commerce.)
§ 1 Scope and Provider
(1.1) These General Terms and Conditions apply to all orders placed by consumers (Section 13 of the German Civil Code (BGB)) via the online shop of Florascent Duftmanufaktur, Roland Tentunian, Schauenburgstraße 1A, 76135 Karlsruhe, Germany, Commercial Register: Karlsruhe, No. 199600002763 (hereinafter referred to as the "Florascent Shop").
(1.2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.
(1.3) If you have any questions, complaints, or claims, you can contact us on business days between 10:30 a.m. and 4:30 p.m. (CET) by telephone at +49 721 9415381 or by email at info@florascent-shop.de.
§ 2 Conclusion of Contract
(2.1) The presentation of products in the Florascent Shop constitutes an invitation to submit a purchase offer. By clicking the "Place Order with Obligation to Pay" button, you submit a binding offer to purchase. Our products are sold only in quantities customary for household use.
(2.2) We may accept your order by sending a separate order confirmation via email. The automatic confirmation of receipt sent immediately after you submit your order merely confirms that we have received your order and does not constitute acceptance of your offer.
(2.3) Should our order confirmation contain typographical or printing errors, or should our pricing be affected by technical transmission errors, we reserve the right to contest the contract, provided that we can prove the error. Any payments already made will be refunded to you without undue delay.
§ 3 Prices
The prices stated on the product pages include the applicable statutory value-added tax (VAT) and all other price components. Shipping costs are charged separately.
§ 4 Shipping Costs
For DHL Standard deliveries within Germany, we charge 5.50 € for orders up to a merchandise value of 79.99 €. Orders of 80.00 € or more are shipped free of charge within Germany.
For DHL Standard deliveries to other EU countries, we charge 9.90 € for orders up to a merchandise value of 149.99 €. Orders of 150.00 € or more are shipped free of charge to countries within the European Union (intra-Community delivery).
§ 5 Delivery Conditions and Reservation of Self-Supply
(5.1) Delivery is available within Germany and to countries of the European Union by DHL Standard Parcel Service. We do not ship to non-EU European countries or to Switzerland.
(5.2) Unless otherwise stated in the respective product offer, delivery takes 2–4 business days within Germany and 5–8 business days within the European Union after full payment has been received.
(5.3) If not all ordered products are in stock, we are entitled to make partial deliveries at our own expense, provided this is reasonable for you.
(5.4) If delivery of the goods fails after three delivery attempts, we may withdraw from the contract. Any payments already made will be refunded to you without undue delay.
(5.5) If the ordered product is unavailable because we are not supplied by our own suppliers through no fault of our own, we may withdraw from the contract. In this case, we will inform you without undue delay and, where appropriate, offer to supply a comparable product. If no comparable product is available or you do not wish to receive a comparable product, any payments already made will be refunded to you without undue delay.
(5.6) Gift vouchers are provided to the customer by email.
§ 6 Payment Terms
(6.1) Unless otherwise stated in the seller's product description, all prices quoted are total prices and include the applicable statutory value-added tax (VAT). Any additional delivery or shipping costs will be stated separately in the respective product description.
(6.2) The available payment method(s) are displayed to the customer in the seller's online shop.
(6.3) If payment in advance by bank transfer is selected, our bank details will be provided in the order confirmation. The invoice amount must be transferred to our account within 10 days. If payment by credit card is selected, payment is made when you submit your purchase offer. If your purchase offer is not accepted, any payment made will be refunded to you without undue delay.
(6.4) If payment by direct debit is selected, you may be required to bear any costs incurred as a result of a chargeback caused by insufficient funds or by incorrect bank account details provided by you.
(6.5) If you select a payment method offered through the "Shopify Payments" payment service, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods available via Shopify Payments are displayed in the seller's online shop. Shopify may use additional payment service providers to process payments, which may be subject to separate payment terms. Further information about Shopify Payments is available at: https://www.shopify.com/legal/terms-payments/de
(6.6) If you select a payment method offered through Apple Pay, payment processing is carried out by Apple Distribution International, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods available via Apple Pay are displayed in the seller's online shop. Apple may use additional payment service providers to process payments, which may be subject to separate payment terms. Further information about Apple Pay is available at: https://www.apple.com/de/apple-pay/
(6.7) If you select a payment method offered through Google Pay, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow Street, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods available via Google Pay are displayed in the seller's online shop. Google may use additional payment service providers to process payments, which may be subject to separate payment terms. Further information about Google Pay is available at: https://pay.google.com/intl/de_de/about/
§ 7 Retention of Title
The goods shall remain our property until full payment has been received. Prior to the transfer of ownership, pledging, transfer by way of security, processing, or alteration of the goods is not permitted without our prior consent.
§ 8 Right of Withdrawal
(8.1) Consumers are generally entitled to a right of withdrawal.
(8.2) Further information regarding the right of withdrawal can be found in the seller's Right of Withdrawal.
§ 9 Liability for Defects (Warranty)
(9.1) If the purchased goods are defective, the statutory provisions governing liability for defects shall apply.
(9.2) Customers are requested to report any obvious transport damage to the delivery company upon receipt of the goods and to notify the seller accordingly. Failure to do so shall have no effect on the customer's statutory or contractual warranty claims.
§ 10 Liability
(10.1) We exclude liability for slightly negligent breaches of duty, provided that such breaches do not relate to essential contractual obligations, damages resulting from injury to life, body, or health, guarantees, or claims under the German Product Liability Act (Produkthaftungsgesetz). According to established case law, essential contractual obligations (cardinal obligations) are those obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may reasonably rely.
(10.2) The limitation of liability set out in paragraph (10.1) shall also apply to slightly negligent breaches of duty by our legal representatives and vicarious agents.
§ 11 Redemption of Promotional Vouchers
(11.1) Vouchers issued free of charge by the seller as part of promotional campaigns with a specified validity period, and which cannot be purchased by the customer (hereinafter referred to as "Promotional Vouchers"), may only be redeemed in the seller's online shop and only during the specified validity period.
(11.2) Individual products may be excluded from voucher promotions where such restrictions are specified in the terms of the Promotional Voucher.
(11.3) Promotional Vouchers must be redeemed before completing the order process. Subsequent redemption is not possible.
(11.4) Multiple Promotional Vouchers may be redeemed within a single order.
(11.5) If the Promotional Voucher has a fixed monetary value rather than a percentage discount, the value of the order must be at least equal to the value of the Promotional Voucher. Any remaining balance will not be refunded by the seller.
(11.6) If the value of the Promotional Voucher is insufficient to cover the total order amount, one of the other payment methods offered by the seller may be used to pay the difference.
(11.7) The balance of a Promotional Voucher will neither be paid out in cash nor accrue interest.
(11.8) The Promotional Voucher will not be refunded if the customer returns goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
(11.9) Promotional Vouchers are transferable. The seller may perform with discharging effect to the respective holder redeeming the Promotional Voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent lack of knowledge of the holder's lack of entitlement, legal incapacity, or lack of authority to represent.
§ 12 Redemption of Gift Vouchers
(12.1) Vouchers that can be purchased through the seller's online shop (hereinafter referred to as "Gift Vouchers") may only be redeemed in the seller's online shop unless otherwise stated on the voucher.
(12.2) Gift Vouchers and any remaining balance may be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining balance will be credited to the customer until the expiry date.
(12.3) Gift Vouchers must be redeemed before completing the order process. Subsequent redemption is not possible.
(12.4) Gift Vouchers may only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.
(12.5) The balance of a Gift Voucher will neither be paid out in cash nor accrue interest.
(12.6) Gift Vouchers are transferable. The seller may perform with discharging effect to the respective holder redeeming the Gift Voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent lack of knowledge of the holder's lack of entitlement, legal incapacity, or lack of authority to represent.
§ 13 Applicable Law
(13.1) All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
(13.2) Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who, at the time the contract is concluded, are not members of a Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time the contract is concluded.
§ 14 Place of Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's registered place of business. If the customer has their registered office outside the territory of the Federal Republic of Germany, the seller's registered place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the seller shall in any event be entitled to bring proceedings before the court at the customer's registered office.
§ 15 Alternative Dispute Resolution
The seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board but is willing to do so.