Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Wunderblume GmbH) via the website https://wunderblume-berlin.de/. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby excluded.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in your shopping cart. You can access the shopping cart and make changes at any time using the corresponding button in the navigation bar.
After accessing the “Checkout” page and entering your personal information as well as the payment and shipping conditions, the order details will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selections and enter your data there. Finally, the order details will be displayed as an order overview on the instant payment system provider's website or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to review the details in the order overview, change them (also using the “back” function of your internet browser) or cancel the order.
By submitting the order via the corresponding button (“order with payment” or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for a quote are non-binding. We will submit a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) The processing of orders and the transmission of all information required in connection with the conclusion of the contract are partially automated by email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.
§ 3 Contract term / termination of subscription contracts
(1) The subscription agreement concluded between you and us has an indefinite term. The agreement may be terminated by either party with three weeks' notice to the end of the month (unless otherwise stipulated in the respective offer). Termination must be made in text form (e.g., by email).
(2) The right to termination without notice for good cause remains unaffected.
§ 4 Special agreements on offered payment methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
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Sofortüberweisung: Available in Germany. Your account will be debited immediately after you place your order.
Further information and Klarna's terms of use can be found here . General information about Klarna can be found here . Your personal data will be treated by Klarna in accordance with applicable data protection regulations and as stated in Klarna's privacy policy .
You can find more information about Klarna here . You can find the Klarna app here .
(2) SEPA direct debit (core and/or business direct debit)
When paying by SEPA direct debit or SEPA business direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 10-15 days after the contract is concluded.
The deadline for submitting the pre-notification is reduced to five days before the due date. You are responsible for ensuring sufficient funds are available in your account by the due date. In the event of a returned direct debit due to your fault, you will be responsible for any applicable bank fees.
§ 5 Right of retention , retention of title
(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to inspect the item immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. For consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence (favorability principle).
(2) The place of performance for all services arising from the business relationship with us, as well as the place of jurisdiction, is our registered office, unless you are a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also bring an action before a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Wunderblume GmbH
Seebadstraße 13
12621 Berlin
Germany
Email: info@wunderblume-berlin.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr .
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The contract language is German .
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract details can be printed out using the browser's print function or saved electronically. After we receive the order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For quote requests outside the online shopping cart system, you will receive all contract details as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices and shipping costs listed in the respective offers represent total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
5.3. Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery takes place in an EU member state but the payment was initiated outside the European Union.
5.4. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
5.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the trader or another person designated to carry out the shipment.
7. Statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
8. Contract term / termination
Information on the term of the contract and the termination conditions can be found in the “Contract Term / Termination for Subscription Contracts” provision in our General Terms and Conditions (Part I), as well as in the respective offer.
These Terms and Conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .
last updated: 27.10.2020
