Terms and Conditions (GTC)

§ 1 Scope

(1) The following General Terms and Conditions (GTC) apply to all contracts that a customer concludes with Magic Flowers GmbH (hereinafter: “Provider”).

(2) Differing conditions from the customer will not be recognized unless the provider has expressly agreed to their validity in writing.

§ 2 Conclusion of contract

(1) The provider's offers in the online shop are non-binding and subject to change. By submitting an order, the customer submits a binding offer.

(2) The provider will immediately confirm receipt of the customer’s order. The confirmation does not constitute acceptance of the offer, but merely informs about receipt of the order.

(3) A contract is only concluded when the provider accepts the customer's offer through an express declaration of acceptance or through delivery of the ordered goods.

§ 3 Delivery and shipping

(1) Delivery takes place within Germany and the EU.

(2) The delivery time is usually 2-3 working days from receipt of the order, unless different delivery times are specified.

(3) Delivery is made to the delivery address specified by the customer.

(4) The shipping costs will be displayed to the customer before sending the order.

§ 4 Prices and payment conditions

(1) The prices apply at the time of the order.

(2) All prices are final prices including statutory VAT.

(3) The customer can choose between cash, credit card and EC cash payment methods in the branches.

(4) Only payment by credit card is accepted in the online shop.

§ 5 Right of withdrawal

(1) The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded, as is the case with flowers, bouquets and floristry products.

(2) Otherwise, the statutory provisions on the right of withdrawal apply.

§ 6 Retention of title

(1) The goods remain the property of the provider until full payment has been made.

(2) The customer is obliged to handle the goods carefully until full payment has been made.

§ 7 Liability

(1) The provider is liable for damage caused intentionally or through gross negligence.

(2) Liability for damages due to simple negligence is excluded.

§ 8 Data protection

(1) The provider collects, processes and uses the customer's personal data exclusively within the framework of the applicable data protection laws.

(2) The provider only uses the customer's data to process the contractual relationship and to contact you if you have any questions.

(3) The customer has the right at any time to receive information about the stored data and to correct, block or delete it.

§ 9 Severability clause

(1) Should individual provisions of these General Terms and Conditions be or become ineffective or unenforceable, the effectiveness of the remaining provisions will not be affected.

(2) Instead of the invalid or unenforceable provision, a regulation is deemed to have been agreed that comes closest to the economic purpose of the ineffective or unenforceable provision.

§ 10 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) Place of performance and place of jurisdiction for all disputes arising from and in connection with the contractual relationship is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law or does not have a general place of jurisdiction in Germany.

(3) Changes and additions to the contract must be made in writing. This also applies to a change to the written form requirement.

(4) The provider reserves the right to change these terms and conditions at any time. The changed general terms and conditions will be sent to the customer in text form. If the customer does not object to the changed General Terms and Conditions within six weeks of receipt of the change notification, the changed General Terms and Conditions are deemed to have been accepted. The provider will inform the customer of this consequence in the change notification.

As of: April 27, 2023