Allgemeine Geschäftsbedingungen (AGB)

§ 1 Scope of application

(1) These General Terms and Conditions apply to all business relationships between D&F Marketing und Beratung UG (haftungsbeschränkt) (Flora-Furora.com), hereinafter also referred to as “Flora Furora”, and its customers in the respective version current at the time of conclusion of the contract.

(2) Our General Terms and Conditions apply exclusively. Any terms and conditions of the customer that conflict with or deviate from our terms and conditions will not be recognised unless D&F Marketing und Beratung UG (haftungsbeschränkt) (Flora-Furora.com) has expressly agreed to them in writing in an individual case.

§ 2 Conclusion of contract

(1) The presentation of the goods by Flora Furora does not constitute a binding offer. Only the order of the goods according to § 2.2 of these GTC by the customer is a binding offer.

(2) The customer can select products, in particular clothing, from Flora Furora’s range and collect them in a so-called shopping basket via the “add to basket” button. By clicking on the “Buy now” button, the customer makes a binding offer to purchase each individual product in the shopping basket. Before submitting the order, the customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the customer has accepted these GTC as well as the data protection declaration and thereby included them in his offer.

(3) After placing an order, the customer receives an automated e-mail (confirmation of receipt) in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the Supplier has received the Customer’s order. It does not constitute acceptance of the order. The contract is not concluded until the Provider issues the declaration of acceptance, which is sent with a separate order confirmation by e-mail (order/shipment confirmation).

(4) The exclusive contract languages are German or English.

§ 3 Availability of goods

(1) If a specific product ordered by the customer is permanently unavailable at the time of the customer’s order, Flora Furora will inform the customer immediately by e-mail and will refrain from sending an order confirmation. In this case, a contract is not concluded. The possibility of accepting further requests contained in the order remains unaffected.

(2) If a specific product ordered by the customer is only temporarily unavailable, Flora Furora will inform the customer of this in the order confirmation. In the event of a delay in dispatch of more than two weeks from the dispatch of the order confirmation, the customer has the right in this case to withdraw from the contract to this extent.

(3) If, after the conclusion of the contract, it turns out that a specific product ordered is permanently unavailable, Flora Furora will inform the customer immediately by e-mail. Both the customer and Flora Furora can then withdraw from the contract.

(4) In the event of a withdrawal from the contract in accordance with § 3.2 or § 3.3, the Supplier will immediately reimburse the Customer for any payments already made.

§ 4 Prices and shipping, delivery for collection

(1) All prices stated on the website of www.Flora-Furora.com/de are in euros including the applicable statutory value added tax. The prices at the time of the order apply.

(2) The ordered goods can be shipped free of charge. If other shipping methods are chosen, shipping costs will be incurred, which are shown separately during the ordering process.

(3) The shipping risk shall be borne by D&F Marketing und Beratung UG (haftungsbeschränkt) (www.Flora-Furora.com).

§ 5 PAYMENT

(1) In principle, we offer the following payment methods: prepayment, credit card, invoice, online bank transfer and Paypal. For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods. Please note that we only accept payments from accounts within the European Union (EU). Any costs of a money transaction are to be borne by you.

(2) In the case of purchase by credit card, your credit card account will be debited when we dispatch the order.

(3) In the case of purchase on account, the purchase price shall become due for payment on the day of receipt of the delivery by the customer. If payment is not made within 14 days of the due date, the customer shall be in default. In the event of default, the statutory default interest shall be charged.

(4) You agree to receive invoices, credit notes and reminders in electronic or paper form.

(5) In the case of an order with advance payment, the purchase price must be paid within seven days of the order. The item will only be dispatched to you after the full purchase price has been credited. If, despite the due date, your advance payment has not been credited to our account within a further seven days of receipt of a request for payment, we may withdraw from the purchase contract.

§ 6 Vouchers and coupons

Vouchers are gift vouchers which the customer can purchase. Coupons are promotional vouchers that cannot be purchased but are issued by the supplier as part of its advertising campaigns. Coupons are subject to separate regulations which are communicated in connection with the respective coupon. The respective conditions for the redemption of vouchers and coupons may vary and can be found in connection with the voucher or coupon.

Vouchers and coupons can be redeemed for the purchase of goods. However, Flora Furora points out that vouchers and coupons may not be redeemable for certain types of payment.

When coupons are redeemed, they are deducted proportionately from the individual prices of the products in the shopping basket for which the coupon is valid. This pro rata deduction will also be made if the minimum order value of a promotion is already reached with one of the products ordered. If a product or several products for which a coupon has been redeemed are returned, the price of the respective product or products reduced by the coupon portion will be refunded. A (pro rata) refund or reactivation of the coupon will not be made in this case.

§ 7 Transfer of ownership

(1) Until full payment, the delivered goods remain the property of Flora Furora.

§ 8 Statutory warranty, guarantee and further information

(1) The statutory regulations apply to your warranty claims.

(2) Subject to the following provisions, Flora Furora is liable for defects in accordance with the applicable statutory provisions, in particular §§ 922 ff ABGB.

(3) Flora Furora ensures that the customer is guaranteed a defect-free delivery of his ordered products.

(4) Flora Furora is not liable for defects of the delivered goods caused by the fact that the goods have been handled improperly or have been modified in a way not approved by the supplier. The same applies in the event that the customer has not followed the instructions for the treatment and care of the goods (e.g. washing or drying instructions).

§ 9 Place of performance and jurisdiction

For all claims arising from the contractual relationship between the customer and Flora Furora, the place of performance and jurisdiction is the German registered office of D&F Marketing und Beratung UG (haftungsbeschränkt) (Flora Furora).

(5) The use of the offers available on www.flora-furora.com/de is possible for persons who are at least 18 years old.

(6) Each customer is only entitled to maintain one customer account with Flora Furora at the same time. We reserve the right to delete multiple registrations.

§ 10 Cancellation policy

(1) If the customer is a consumer in the sense of § 1 Abs 1 Z 2 KSchG (see also § 1.2 of these GTC), he has the following legal right of withdrawal:

(2) The customer has the right to revoke the contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which the customer or a third party named by him who is not the carrier has taken possession of the goods or – if several goods ordered by the customer as part of a single order are delivered separately – on the day on which the customer or a third party named by him who is not the carrier has taken possession of the last goods.

(3) In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

(4) In order to exercise his right of withdrawal, the customer must send a clear declaration by e-mail of his decision to withdraw from the contract to the following address: Service.Flora.Furora@gmail.com. In order to exercise the right of revocation, it is necessary for the customer to state his full name, his bank account details (for the remittance of payments made) and his e-mail address in this e-mail.

(5) Consequences of withdrawal: If the Customer withdraws from the contract, Flora Furora must reimburse the Customer for all payments that Flora Furora has received from the Customer, including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the cheapest standard delivery offered by the Supplier), without undue delay on the day on which Flora Furora received the Customer’s notification of withdrawal from the contract. For this repayment, Flora Furora uses the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer.

(6) Flora Furora may refuse repayment until Flora Furora has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.

(7) The customer shall return the goods to Flora Furora without undue delay and in any event no later than 3 days from the day on which the customer notifies Flora Furora of the withdrawal. The return must be sent to the following address:

D&F Marketing und Beratung UG (haftungsbeschränkt)
Schlossstrasse 19, 82031 Grünwald, Germany
Ust-ID: DE323832909

(8) The customer must only pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

§ 11 Liability

(1) Subject to the provision in § 10.2, the liability of Flora Furora for damages is limited as follows: Flora Furora’s liability for damages caused by slight negligence is excluded.

(2) The aforementioned exclusion of liability does not apply in cases of mandatory statutory liability (in particular under the Product Liability Act) and in the event of the assumption of a guarantee or in the event of culpable injury to life, limb or health.

(3) The limitation of liability of §§ 11.1 and 11.2 also applies in favour of the legal representatives and vicarious agents of Flora Furora, if claims are asserted directly against them.

(4) The customer is obliged to take reasonable measures to avert and mitigate damages.

§ 12 Data protection

(1) Flora Furora collects personal data of the customer in the context of the execution of contracts. In doing so, Flora Furora particularly observes the regulations of the German Federal Data Protection Act and the German Telemedia Act. The legal basis for the processing of this data is in particular Art. 6 para. 1 lit. f of the German Data Protection Regulation (DSGVO).

(2) Please do not hesitate to contact us if you have any questions about this data protection declaration or the subject of data protection. We look forward to receiving your e-mail at Service.Flora.Furora@gmail.com and will be happy to answer any questions you may have on the subject of data protection or other issues.

§ 13 Cookies, online marketing and advertising, right to object to direct advertising

(1) Flora Furora uses cookies and other third party tracking technologies commonly used in online marketing to keep our website running reliably and securely, to allow us to monitor its performance and to show you relevant content and personalised advertising. To make this work, we collect data about our website users and how they use our services and on what devices. By using this website you are giving your consent. You can revoke or change this consent at any time with immediate effect for the future.

(2) If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

§ 14 Severability clause

Should one or more provisions of this contract or the GTC’s be legally invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced retroactively by a provision with the same content as far as possible which comes closest to the purpose of the intended provision.

§ 15 Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:

The European Union provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr.  This site is a contact point for the out-of-court settlement of disputes resulting from online purchases.
Our e-mail address: dorotheeanna.zahn@gmail.com

Status 17.09.2020