Allgemeine Geschäftsbedingungen (AGB)

General Terms and Conditions (GTC) of Magic Flowers GmbH: (to the imprint)

Website: https://www.magic-flowers.florist

§ 1 Scope

(1) The following General Terms and Conditions (GTC) apply to all contracts concluded between a customer and Magic Flowers GmbH (hereinafter referred to as "Provider").

(2) Any terms and conditions of the customer that deviate from these will not be recognized unless the supplier has expressly agreed to their validity in writing.

§ 2 Conclusion of Contract

(1) The offers made by the provider in the online shop are non-binding and subject to change. The customer submits a binding offer by placing an order.

(2) The supplier will confirm receipt of the customer's order without undue delay. This confirmation does not constitute acceptance of the offer, but merely informs the supplier that the order has been received.

(3) A contract shall only be concluded when the supplier accepts the customer’s offer by means of an express declaration of acceptance or by delivery of the ordered goods.

§ 3 Delivery and Shipping

(1) Delivery is made within Germany and to the EU.

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

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

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

§ 4 Prices and Payment Terms

(1) The prices applicable at the time of ordering shall apply.

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

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

(4) Only credit card payments are accepted in the online shop.

§ 5 Right of withdrawal

(1) The right of withdrawal does not apply to contracts for the supply of goods which are liable to deteriorate or expire rapidly, such as flowers, bouquets and floristry products.

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

§ 6 Retention of Title

(1) The goods remain the property of the supplier until full payment has been received.

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

§ 7 Liability

(1) The provider shall be liable for damages caused intentionally or by gross negligence.

(2) Liability for damages caused by simple negligence is excluded.

Section 8 Data Protection

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

(2) The provider uses the customer's data only for processing the contractual relationship and for contacting the customer in case of queries.

(3) The customer has the right at any time to obtain 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 invalid or unenforceable, the validity of the remaining provisions shall not be affected.

(2) In place of the ineffective or unenforceable provision, a provision shall be deemed agreed which comes closest to the economic purpose of the ineffective or unenforceable provision.

§ 10 Final Provisions

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

(2) The place of performance and jurisdiction for all disputes arising from and in connection with the contractual relationship shall be 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 has no general place of jurisdiction in Germany.

(3) Amendments and supplements to this Agreement must be in writing. This also applies to any amendment of this requirement of written form.

(4) The provider reserves the right to amend these Terms and Conditions at any time. The amended Terms and Conditions will be sent to the customer in writing. If the customer does not object to the amended Terms and Conditions within six weeks of receiving the notification of amendment, the amended Terms and Conditions will be deemed accepted. The provider will inform the customer of this consequence in the notification of amendment.

As of April 27, 2023