Standard Business Terms and customer information

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 a supplier ( Siegfried Schuster GmbH ) via the website www.floristik24.ie. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.

(2)A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a 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) As soon as the respective product is placed 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 goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, the order data will then be displayed as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as the 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 forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected to our online shop.

Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order.
By sending the order via the corresponding button ("order with obligation to pay" or similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.

(4)The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Special agreements on the types of payment offered

(1) Credit check
If we make advance payments, e.g. when paying on account or by direct debit, your data will be sent to thepassed on. We reserve the right to refuse you the payment method on account or direct debit as a result of the credit check.

(2) 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:
  • Invoice: The payment period is 30 days from dispatch of the goods/ticket/or, in the case of other services, the provision of the service. The complete billing conditions for the countries in which this payment method is available can be found here: Germany , Austria .
  • Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after placing the order.
  • Direct debit: The debit takes place after the goods have been shipped. You will be informed of the time by email.
  • Credit card (Visa/Mastercard): Available in Germany and Austria. The debit takes place after the goods or tickets have been shipped / the service is available or, in the case of a subscription, according to the communicated times.
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

More information and Klarna's terms of use can be found here . General information about Klarna can be found here . Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations .

More information about Klarna can be found here . You can find the Klarna app here .

(3) Purchase by Direct Debit via Novalnet
When purchasing by direct debit via Novalnet AG, offered in Germany and Austria, the payment amount is due immediately for payment by direct debit from the current account specified in the ordering process at the bank specified there (the current account). You hereby revocably authorize Novalnet AG to collect the payments to be made by you through the purchase by direct debit from the current account by direct debit. If the current account does not have the required cover, the bank holding the account is not obliged to redeem it. Partial redemptions are not carried out by direct debit.
By specifying the current account, you confirm that you are entitled to direct debit via the corresponding current account. Returned direct debits are associated with a high level of effort and costs for us and Novalnet AG. In the event of a returned direct debit (due to insufficient funds in the checking account, due to the current account having expired or the account holder objecting or due to incorrectly transmitted account data), you are obliged to pay a processing fee of EUR 7.50 per returned direct debit. You will be given the opportunity to prove that the returned direct debit resulted in lower or no costs. Further claims are reserved. In view of the effort and cost of returned direct debits and to avoid the processing fee, you are asked to in the event of a revocation or withdrawal from the purchase contract, a return or a complaint, not to object to the direct debit. In such a case, after consultation with us, the payment will be reversed by remittance of the corresponding amount or by credit.

(4) Purchase on account via Novalnet
When purchasing on account, the invoice amount is due for payment to our external partner, Novalnet AG, at the latest on the calendar day specified in the invoice.
In this case, you can only make payments to Novalnet AG with debt-discharging effect.
Even when purchasing on account via Novalnet AG, we remain responsible for general customer inquiries, e.g. about the goods, delivery time, shipping, returns, complaints, declarations of revocation or credit notes. This payment method is only available to customers from Germany. Novalnet AG checks and evaluates your information and, if there is a legitimate reason, exchanges data with other companies and credit agencies (credit check). If the creditworthiness cannot be guaranteed, Novalnet AG can refuse you the purchase on account and will point out alternative payment options.

(5) Barzahlen.de via novalnet
If cash payments have been agreed, payment is due immediately after conclusion of the contract. After completing the order, you will receive a payment slip, which you can print out, have it scanned at the checkout at one of the Barzahlen partner  branches and pay the amount there in cash. Alternatively, you can have a number code sent to your mobile phone via SMS, give the number code to the cashier in the Barzahlen partner branch and pay the amount there in cash. The Barzahlen partner branch transmits the payment confirmation in real time, whereupon the shipping process starts immediately.

(6) SEPA direct debit (basic and/or company direct debit)
When paying by SEPA core direct debit or SEPA company direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit is collected within 10 days of the conclusion of the contract.
The deadline for submitting the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.

§ 4 Right of retention , retention of title

(1)You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2)  The goods remain our property until the purchase price has been paid in full.

(3)   If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in relation to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 5 Warranty

(1) The statutory warranty rights apply.

(2)  As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed by us of the same before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:

a)   Only our own information and the product description of the manufacturer are deemed to be agreed as to the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b)  In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The remedy of defects is deemed to have failed after a second unsuccessful attempt, unless something else results from the type of goods or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.

c)   The warranty period is one year from delivery of the goods. The shortened deadline does not apply:

- culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with warranty rights.

§ 6 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2)  The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not 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 domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3)   The provisions of the UN Sales Convention expressly do not apply.

 


II. Customer information

1. Identity of the seller

Siegfried Schuster GmbH
Zum Frischemarkt 4
04158 Leipzig
Germany

E-mail: shop(at)floristik24.ie


Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr .

We are willing to participate in dispute settlement procedures before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. Contract language, contract text

storage 3.1. Contract language is German .

3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart  system, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

4. Codes of Conduct

4.1. We have subjected ourselves to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at:  https://www.haendlerbund.de/de/downloads/kaeufersiegel/ kaeufersiegel - zertigungsbedingungen.pdf .

5. Main features of the goods or service

The main features of the goods and/or service can be found in the respective offer.

6. Prices and terms of payment

6.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear. 

6.4. You have to bear the costs incurred for the money transfer  (bank transfer or exchange rate fees)  in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

6.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7. Terms of delivery

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.

If you are an entrepreneur, the delivery and shipment is at your own risk.

8. Statutory liability

for defects Liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at  https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service .

last update: 01.01.2022