General terms and conditions
The following Terms and Conditions (Terms) apply to all orders placed via our online shop.
These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract, options for corrections
The contract is concluded with E-Frisch GmbH.
By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The language(s) available for concluding the contract: German, English
We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. For security reasons, the text of the contract cannot be accessed via the internet.
4. Delivery conditions
Delivery costs may apply to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers.
We only dispatch goods en route; pick up by the customer is not possible.
We do not deliver to a "Packstation".
The following payment methods are basically available in our online shop.
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.
You provide your credit card details during the ordering process. Your card will be charged immediately after placing your order.
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction.
PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.
SOFORT by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be charged immediately after placing the order. You will receive further instructions in the ordering process.
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided with the respective payment option and in the ordering process.
Purchase on account via Klarna
The invoice amount is due 14 days after shipping the goods and receipt of the invoice.
The invoice amount is due 14 days upon receipt of the invoice and the goods by bank transfer to our bank account. We reserve the right to allow payment by invoice only after we verify your credit rating.
6. Right to cancel
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.
7. Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.
8. Damage during delivery
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment.
9. Warranty and guarantees
9.1 Liability for defects
We are under a legal duty to supply products that are in conformity with this contract.
Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. With respect to consumers, the staturory guarantee provisions of the country of their respective habitual residence shall apply.
The following limitations and reductions of time periods with respect to businesses/merchants shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a voluntary guarantee, if agreed, or
- within the scope of application of the Product Liability Act (Produkthaftungsgesetz).
Restrictions in relation to businesses
In relation to businesses, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused the building to be defective. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected.
Provisions for merchants ("Kaufleute" in accordance with HGB - German Commercial Code)
Among merchants ("Kaufleute"), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
Voluntary guarantees and customer service
Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Complaints and return of goods
Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address provided for this purpose. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
9.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: Telefonisch Mo. - Fr. von 09:00 - 17:00 Uhr - Tel: 49 2562 - 993 72 11
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
11. Agreement on the use of Trusted Shops Buyer Protection
You can insure orders placed with us up to an order value of 2500 EUR free of charge via the buyer protection of Trusted Shops AG. The Trusted Shops buyer protection conditions apply, which you can find here. The buyer protection is concluded by clicking on the correspondingly designated button of the so-called Trustcard, which appears as a pop-up on the order thank-you page after an order has been placed. If you are already registered for buyer protection, your order will be automatically protected (automatic buyer protection) without you having to click on the button. In order to be able to offer you (automatic) buyer protection, the Trustcard must access order data stored in the cache of your browser. For this purpose, a hash value of your e-mail address as well as the order number and order total are transmitted to Trusted Shops. If you are already registered for buyer protection, your order is automatically protected. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the Buyer Protection Terms and Conditions linked above.
12. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at https://www.evz.de/en/alternative-dispute-resolution/adr-in-europe/.
13. Final provisions
If you are a business, German law applies, to the exclusion of the UN Sales Convention.
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.
Instructions on cancellation
Consumers have a thirty days right to cancel.
Right to cancel
You have the right to cancel this contract within thirty days without giving any reason. The cancellation period will expire after thirty days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us (E-Frisch GmbH, Fabrikstr. 3, 48599 Gronau, Deutschland, email@example.com, Phone: 025629937211 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or an e-mail). You may use the attached model cancellation form, but it is not obligatory.
You can also electronically fill in and submit the model cancellation form or any other clear statement on our website https://www.blumenshop.com/help-contact. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than 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 make the 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 to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation 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 have to bear the direct 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.
The right to cancel does not exist for the following contracts:
- Contracts for the supply of goods that are made to the consumer’s specifications, i.e. non- prefabricated goods made on the basis of an individual choice of or decision by the consumer or are clearly personalized.
- Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
- Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
Model cancellation form
(If you want to cancel the contract, please fill out the form below and send it back to us.)
— To E-Frisch GmbH, Fabrikstr. 3, 48599 Gronau, Deutschland, firstname.lastname@example.org
— I / We(*) hereby give notice that I /We(*) cancel my/our (*) contract of sale of the following goods (*)/for the supply of the following service(*)
— Ordered on (*) / received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this for is notified on paper)