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General terms and conditions with customer information

1. Scope
2. Conclusion of contract
3. Prices and terms of payment
4. Delivery and shipping conditions
5. Right of withdrawal
6. Retention of title
7. Liability for defects
8. Exemption in the event of violation of third party rights
9. Redemption of gift vouchers
10. Redemption of promotional vouchers
11. Applicable Law
12. Place of jurisdiction
13. Information on online dispute resolution

1. Scope

1.1. These general terms and conditions (hereinafter referred to as "GTC") of "Le langage des fleurs" (hereinafter referred to as "seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "customer") with the seller about the seller's in the online shop. The inclusion of the customer's own conditions is contradicted, unless otherwise agreed.

1.2. These terms and conditions apply accordingly to the purchase of vouchers if and unless otherwise expressly regulated.

1.3. A consumer is any natural person who concludes a legal transaction for a purpose that can largely not be attributed to their commercial or independent professional activity.

1.4. Entrepreneur is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.

2. Conclusion of contract

2.1. The presentation of the goods, particularly in the online shop, does not constitute a binding offer from the seller.

2.2. First, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all the necessary data for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirmation of this order and contract data by clicking on the button that concludes the order process does the customer make a binding offer about the purchase of the goods contained in the shopping cart.

The customer can also submit this offer to the seller by fax, email, post or telephone.

2.3. The seller accepts the customer's offer by the following possible alternatives:

- sending a written order confirmation or an order confirmation in text form (fax or email)
or
- requesting payment to the customer after placing the order
or
- delivery of the ordered goods

The first alternative that occurs is decisive for the time of acceptance.

The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer has been sent. If the seller does not accept the customer's offer within the aforementioned period, this represents the rejection of the offer. The customer is then no longer bound by his declaration of intent.

2.4. The text of the contract between the seller and the customer is saved by the seller. The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the general terms and conditions will be sent to the customer by email. After completing the order, the contract text is available to the customer free of charge via his customer login, provided that the customer has opened a customer account.


2.5. All entries are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, the customer has, if available, buttons for correction, which are labeled accordingly.


2.6. The contract language is German.

2.7. It is the responsibility of the customer to provide a correct email address for contacting and processing the order, and to set the filter functions so that emails relating to this order can be delivered.

3. Prices and terms of payment

3.1. The prices shown are final prices including VAT, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.

3.2. If the delivery is made to a non-EU country, the customer may have to pay additional customs duties, taxes or fees to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to inquire about the details before ordering from the relevant institutions or authorities.

3.3. The customer can select the payment methods that are available in the online shop.

3.4. When paying by "PayPal", payment is processed via PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of PayPal apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

3.5. When paying via "PayPal direct debit", the debt is collected by PayPal after issuing a SEPA direct debit mandate and after the deadline for prior information on behalf of the seller from the customer's bank account. Preliminary information is the seller's announcement to the customer that his account will be debited by means of a SEPA direct debit and can take the form of an invoice or a contract, for example. If the direct debit cannot be redeemed due to insufficient account funds or due to the provision of an incorrect bank account or if the customer objects to the debit without being authorized to do so, the customer must bear the fees arising from the chargeback of the respective credit institution if he is responsible for this ,

4. Delivery and shipping conditions

4.1. The delivery of goods on the shipping route takes place to the delivery address specified by the customer. Deviating from this, the payment address deposited by PayPal at the time of payment is decisive when paying by PayPal.

4.2. If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these are to be reimbursed by the customer, unless the customer is responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller had previously announced the service appropriately. Except from this regulation are the costs of sending if the customer has effectively exercised his right of cancellation. Here it remains with the legal or the regulation made by the seller.


4.3. If the customer has agreed to collect the goods himself, the seller will inform them that the goods they have ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller's registered office or at an agreed location after consultation with the seller. In this case there are no shipping costs.

4.4. Vouchers are given to the customer in the following form:

  • by email
  • by download
  • postal



5. Right of withdrawal

5.1. If the customer is a consumer, he is basically entitled to a right of withdrawal.

5.2. The seller's cancellation policy applies to the right of cancellation.

5.3. Consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded are not entitled to a right of withdrawal.

6. Retention of title

If the seller makes advance payments, the goods remain the property of the seller until the purchase price has been paid in full.

7. Liability for defects

7.1. With regard to the warranty, the provisions of the statutory liability for defects apply, unless otherwise agreed in these terms and conditions.

7.2. The customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller of this. Failure to comply has no effect on the customer's statutory or contractual claims for defects.

8. Exemption in the event of violation of third party rights

If the seller owes the customer, in addition to the delivery of goods, the processing of the goods in accordance with certain specifications of the customer, the customer must ensure that the content provided by the seller for this purpose does not violate the rights of third parties. The contracting parties agree that the customer releases the seller from third party claims in this context, unless he is not responsible for the infringement. The exemption also includes the assumption of the reasonable costs of the necessary legal defense, including all legal and legal fees in the statutory amount. The customer is obliged to provide the seller with all third-party information immediately, completely and truthfully,

9. Redeeming gift vouchers

9.1. Vouchers that have been purchased through the seller's online shop ("gift vouchers") can only be redeemed in the seller's online shop.

9.2. Gift vouchers and remaining gift vouchers can be redeemed up to the end of the third year after the year the voucher was purchased. Any remaining credit will be credited to the customer's voucher account by the expiry date.

9.3. Gift vouchers can only be redeemed before the order process is completed. There is no subsequent redemption.

9.4. Only one gift voucher can be redeemed per order. It is not possible to redeem several gift vouchers in one order.

9.5. Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for using a voucher.

9.6. If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to pay the difference.

9.7. Credit on gift vouchers is not paid out and does not earn interest.

9.8. Gift vouchers are generally transferable.
The seller can pay to the customer who redeems the gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorization, incapacity for business or the lack of authorization to represent the respective owner.

10. Redemption of promotional

vouchers 10.1. Vouchers, which the seller submits free of charge as part of (advertising) campaigns with a certain period of validity and which the customer cannot purchase ("campaign vouchers"), can only be redeemed in the seller's online shop and only during the period specified by the seller.

10.2. Individual products can be excluded from the voucher campaign.
The specific restrictions may be found in the promotional voucher.

10.3. Promotional vouchers can only be redeemed before the order process is completed. There is no subsequent offsetting.

10.4. Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.

10.5. The value of the goods in the respective order must at least equal the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.6. If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to pay the difference.

10.7. The credit of a promotional voucher is neither paid out nor interest.

10.8. The promotional voucher will also not be refunded if the customer returns all or part of the goods paid for with the promotional voucher within the scope of his statutory right of withdrawal.

10.9. Promotional vouchers are generally transferable.
The seller can pay to the customer who redeems the gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorization, incapacity for business or the lack of authorization to represent the respective owner.

11. Applicable law

11.1. The law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods.
The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.

11.2. This choice of law does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to any member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

12. Place of jurisdiction

If the customer is a businessman, a legal person under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business.
If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims from this contract can be attributed to the customer's professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to call the court at the customer's registered office.

13. Information on online dispute resolution

The platform for online dispute resolution by the EU Commission is available on the Internet at the following link: https://ec.europa.eu/odr

We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Last update: 01.01.2020