Όροι και προϋποθέσεις

Ημερομηνία δημιουργίας: 2024-12-14 17:45:59 Ημερομηνία ενημέρωσης: 2025-01-17 00:15:07

§ 1 General Information

  1. These Terms and Conditions apply to all contracts between BlumenHorizon, Breslauer Str. 52, 27755 Delmenhorst (hereinafter referred to as “BlumenHorizon”) and the customer, related to the ordering of goods in the BlumenHorizon online store (hereinafter referred to as “Online Store”). BlumenHorizon does not accept any customer conditions that deviate from these provisions, unless BlumenHorizon has explicitly confirmed their validity.
  2. The company BlumenHorizon works through a network of carefully selected partner florists, offering personalized service to each customer. Every order is handled individually, and we choose the florist who is closest to the delivery address. This ensures minimal delivery time and high quality of execution. We guarantee that your bouquets will be assembled with care and delivered promptly.
  3. As flowers and plants are unique products, all information regarding color, shape, and size, as well as graphical images presented on the website www.blumenhorizon.de, in brochures, or other advertising materials, is for illustrative purposes only and may allow for reasonable deviations. Due to the seasonality of floral compositions, the color scheme and composition of the ordered flower arrangements may differ from those shown in the images in accordance with §434 BGB. BlumenHorizon commits to inform the customer in a timely manner, specifically before the delivery of the order, about any changes related to the composition of the ordered flower arrangements by contacting the customer using the contact details provided at the time of order. If it is not possible to contact the customer, the delivery time may be extended due to the need to inform the customer of the changes beforehand, and the order status will switch to “pending.”
  4. To ensure product freshness, BlumenHorizon only accepts orders for delivery within Germany.

§ 2 Conclusion of the Contract

Contract conclusion on the website

  1. A contract between the customer and BlumenHorizon is concluded when the customer submits the items added to the shopping cart as a binding offer by selecting the “Place order” button on the shopping cart page of the online store. This offer contains all the necessary information: a list of the selected products, their net price, shipping costs, and the total amount the customer is obligated to pay.
  2. The contract becomes effective only after receiving payment from the customer. If the payment method selected allows immediate confirmation of payment (e.g., payment by card or through electronic wallets), the contract is considered concluded and effective immediately after successful payment. If the customer has chosen a payment method that requires time for the funds to be transferred (e.g., bank transfer), the contract becomes effective only after the full amount is received into BlumenHorizon’s account.
  3. After receiving payment from the customer, the offer is considered automatically accepted, and the contract comes into effect. However, BlumenHorizon reserves the right to cancel the order if, after payment is received, a breach of the contract terms by the customer is discovered, for example, due to incorrect data or other circumstances that may prevent order fulfillment. In the event of order cancellation, the funds will be refunded to the same account from which the payment was made (unless otherwise agreed) within four business days from the cancellation.
  4. The contract text (Terms with individual order data) is not stored by BlumenHorizon after the conclusion of the contract and is therefore not accessible to the customer.
  5. The language available for concluding the contract is German, English, Ukrainian, and Russian.

Contract conclusion via messengers and email services:

  1. The contract can also be concluded through messengers (such as Telegram and WhatsApp) or email services (e.g., Gmail).
  2. The contract conclusion process in the messenger begins when the customer sends a request for order placement. The customer then receives a message for confirmation:
    1. “Would you like to order [product name] from us? The order value is [amount]. Please confirm your order and agree to our delivery and return conditions.”
    2. “Before placing the order, please review our terms: [link to terms and privacy/security policy and the link to contact information with the blumenhorizon.de domain]. Please confirm that you agree with them.”
  3. After receiving the customer’s confirmation, a payment link or bank details are sent. Only the payment methods available on the website are used.
  4. The contract is concluded when the customer confirms the order and makes the payment. The contract becomes effective only after the full amount is received into BlumenHorizon’s account.
  5. After the funds have been received into the account, the customer receives the following message:
    1. “Your order for [product name] has been accepted. Order number - ######. The contract is concluded. Please await delivery confirmation. If you have any questions, please contact us.”
  6. The contract text (Terms with individual order data) is not stored by BlumenHorizon after the conclusion of the contract and is therefore not accessible to the customer.
  7. The language available for concluding the contract is German, English, Ukrainian, and Russian.

§ 3 Delivery

  1. Unless otherwise agreed, the delivery of the ordered product is made to the address specified by the customer within Germany, provided that the order includes at least partial shipment of the product.
  2. The delivery costs will be indicated to the customer on the shopping cart page of the online store before completing the purchase. The delivery method is determined by BlumenHorizon. In case of unforeseen obstacles to delivery that are beyond BlumenHorizon’s control, the company has the right to extend the delivery time for a reasonable period. This rule also applies if such obstacles arise with BlumenHorizon’s suppliers.
  3. If the delivery could not be completed due to the fault of the customer or recipient (e.g., due to an incorrect address or the absence of the recipient at the specified address), a second delivery attempt is only possible after the customer has paid:
    1. The repeated delivery cost if the first delivery attempt did not incur additional expenses for BlumenHorizon.
    2. The repeated delivery cost and additional expenses if the failed first delivery attempt resulted in extra costs for BlumenHorizon.

      Additional expenses may include, for example:
      1. Charges for the courier’s waiting time;
      2. Costs associated with returning the goods to the warehouse.

  4. If the first delivery was free (e.g., as part of a promotion or under specific order conditions), the cost of a second delivery attempt will be calculated and communicated to the customer in advance. If additional expenses arise for BlumenHorizon, the same conditions as outlined in subsections a. and b. of point 3.3 apply.

  5. If the customer wishes to pick up the bouquet from the florist without using the delivery service, we can provide the address of the florist who prepared the bouquet upon request and refund the delivery fee. This is only possible in the following cases:

    1. If BlumenHorizon did not pre-book the delivery with the courier or delivery service.

    2. If it is possible to cancel the delivery booking and get a refund of the delivery fee paid by BlumenHorizon (e.g., if we managed to agree with the delivery service and recover the costs paid for your delivery).

    3. If a refund of the delivery fee for BlumenHorizon is not possible (e.g., due to the delivery service’s refusal to refund), the delivery cost will not be returned to the customer.

§ 4 Payment Terms, Retention of Title

  1. The price of the ordered product, as well as the specified delivery costs, must be paid by the customer upon acceptance of the offer from BlumenHorizon.
  2. The customer may choose one of the available payment methods offered during the checkout process.
  3. If the payment cannot be processed, the customer hereby irrevocably authorizes the bank holding the account used for the order payment to provide BlumenHorizon with the customer’s name and current residential address for the purpose of issuing a payment invoice directly to the customer.
  4. The ordered product remains the property of BlumenHorizon until full payment has been made.

§ 5 Right of Withdrawal

For contracts for the supply of goods, the customer has the following right of withdrawal:

— Information about the right of withdrawal —

You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day you or a third party, other than the carrier, takes possession of the goods. To exercise your right of withdrawal, you must inform us (BlumenHorizon, Breslauer Str. 52, 27755 Delmenhorst, Phone: +49 152 34815621, E-mail: blumenhorizon@gmail.com) of your decision to withdraw from this contract through an unequivocal statement (e.g., a letter sent by post or an email). You may use the attached withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification about exercising the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments received from you, including the cost of delivery (except for the additional costs arising from your choice of delivery method other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day we receive the notification of your withdrawal from this contract. For the refund, we will use the same payment method you used for the original transaction, unless otherwise agreed. In any case, you will not incur any fees for the refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

You are required to return the goods or hand them over to us within fourteen days from the day you notify us of your withdrawal from the contract. The deadline is met if you send the goods back before the period of 14 days expires. We will bear the cost of returning the goods if the goods are not excluded from the right of withdrawal. You are responsible for any decrease in the value of the goods if this is due to handling the goods in a way not necessary to establish their nature, characteristics, and functioning.

— End of Withdrawal Information —

Exclusion of the Right of Withdrawal

Unless otherwise agreed with BlumenHorizon, the right of withdrawal does not apply if the customer is acting within the scope of his commercial or self-employed professional activity when concluding the respective contract for the supply of goods, as well as in the following cases:

  1. Contracts for the supply of goods that are not pre-made and for which the production process requires individual selection or specification by the customer, or which are clearly tailored to the customer’s personal needs (§ 312g Absatz 2 Satz 1 Nr. 1 BGB).
  2. Contracts for the supply of goods that may deteriorate quickly or have a short shelf life (§ 312g Absatz 2 Satz 1 Nr. 2 BGB).
  3. Contracts for the supply of sealed goods that are not suitable for return due to health or hygiene reasons if their seal has been broken after delivery (§ 312g Absatz 2 Satz 1 Nr. 3 BGB).

Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it to us via email to the address provided above.)

BlumenHorizon, Sole Proprietorship, Vitalii Melnykov
Breslauer Str. 52, 27755 Delmenhorst
E-mail: blumenhorizon@gmail.com

I/We hereby withdraw from the contract concluded by me/us () for the purchase of the following goods:

  1. Goods;
  2. Goods;
  3. Goods;
  4. …

Ordered on (date: *)/received on (date: *)

Customer’s Name:

Customer’s Address:

Customer’s Signature (only if notified on paper):

Date:

(*) Delete as applicable

§ 6 Warranty and Liability

  1. The customer has the right to legal warranty claims.
  2. Claims for damages by the customer are excluded. Exceptions include claims for damages related to injury to life, health, or physical integrity, as well as violations of essential contractual obligations (main obligations), and liability for other damages arising from intentional or grossly negligent breaches of obligations by BlumenHorizon, its legal representatives, or agents. Essential contractual obligations are those obligations whose fulfillment makes the proper performance of the contract possible in the first place, and on which the customer can regularly rely.
  3. In the case of a violation of essential contractual obligations, BlumenHorizon is only liable for typical and foreseeable losses caused by simple negligence, except in cases where the customer’s claims concern violations of life, health, or physical integrity.
  4. The limitations set out in paragraphs 2 and 3 also apply to BlumenHorizon’s legal representatives and agents if claims are made directly against them.
  5. The provisions of the Product Liability Act remain in force, as well as any claims arising from warranties provided by BlumenHorizon or third parties regarding the quality of the product or the guarantee that the product will maintain certain characteristics for a specified period.

§ 7 Privacy and Data Security

See BlumenHorizon’s Privacy and Data Security Policy available at www.blumenhorizon.de/en/datenschutz/

§ 8 Miscellaneous

German law applies, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the customer has their habitual residence remain unaffected. BlumenHorizon is neither obligated nor willing to participate in dispute resolution proceedings before consumer protection bodies.