Terms and Conditions (GTC)
Terms and Conditions for Burgflorist Flora-Salon e.U. Owner: Rudolf Hajek Burggasse 1, 8010 Graz, Commercial Registry No. 9798 i, Graz State Court for Affairs of Civil Law, VAT ID: ATU27891804
1. Application
1.1 The deliveries, services and offerings of our company, Burgflorist Flora Salon e.U. in Graz, are conducted exclusively on the basis of these Terms and Conditions. We do not recognise any other terms and conditions. These Terms and Conditions also apply to all further legal transactions between the contractual parties.
1.2 Burgflorist Flora Salon e.U. sells fresh flowers and plants as well as accessories such as pots, vases and gift cards, which can only be redeemed at Burgflorist Flora Salon e.U. For gift cards, special conditions may apply, of which customers will be informed before contract resolution.
1.3 Flower products are highly individual natural products. All colour, form and size information as well as picture representations on the website, on our brochures and other advertising material should only be understood as examples. Flowers and plants are living, perishable seasonal products and vary in size, colour and form as picture representations on our website. Biological products are subject to natural changes.
1.4 The flower products are not fit for consumption.
2. Origination of the Contract
2.1 The presentation of the products on the provider’s website does not represent a binding offer on the part of the provider of the resolution of a contract for the continued delivery of goods. Instead, the customer is given the option of making a binding offer for the purchase of the product he has selected.
2.2 The customer submits this offer in a binding fashion by dispatching the order by activating the “Submit order” button after going through the online order process. In addition to name, address and telephone number, the customer should provide an email address at which he can receive, read, save and print emails from Burgflorist. Before submitting the order, the customer can view, change and delete order data at any time. To do so, he can use the website navigation buttons to return to pages and fields already filled out and change the information entered. In addition, the customer may submit a binding offer by completely filling out and confirming the order form prepared by Burgflorist Flora Salon e.U. Burgflorist will only save the order and information if the form is completely filled out and confirmed.
2.3 After the order is complete, the customer receives an online order confirmation sent by email to the email address he provided during the order process. Should an item no longer be available, Burgflorist will select a replacement item of as close to equal value as possible. This order confirmation is not an acceptance of the offer, but merely information on the receipt of the order, with the order data displayed again. The contract between the customer and Burgflorist does not come into effect until delivery or pickup of the item.
3.Payment Conditions, Payment, Retention of Ownership
3.1 The products delivered remain the property of Burgflorist Flora Salon e.U. until full payment.
3.2. Online purchases may be made with a credit card or with PayPal. The following credit cards are accepted: Mastercard , Visa . Data transfer is encrypted and adheres to the most modern security standards.
Payment transaction via credit card is handled by our contractual partner
card complete. If necessary, please also pay attention to their Terms and Conditions during payment transaction.
Upon delivery, a detailed invoice is provided.
4.Prices
4.1 The purchase price and any applicable delivery costs are due for net payment and without discount at the time of order. Price includes VAT.
5.Delivery, Transport, Delay in Acceptance
5.1 Unless otherwise agreed, the products are delivered to the delivery address provided by the customer.
5.2 If the ordered product is not accepted by the recipient, Burgflorist Flora Salon e.U. nevertheless retains the right to invoice delivery. If the customer does not accept the product on the day of delivery (delay in acceptance), the recipient is notified and has the option of contacting Burgflorist Flora Salon e. U. within 5 days. We do not provide any guarantee regarding the quality of the product or products ordered in this case.
5.3 In the event that shipment of an order cannot take place due to faulty information on the part of the party placing the order, Burgflorist Flora Salon e.U. reserves the right to charge the purchase price nonetheless.
5.4 Acceptance of delivery times may only be non-binding. No liability is assumed for damages and detriments due to delayed delivery, especially if delivery is not possible at the specified location or during the first attempt.
5.7 If the customer provides a delivery date that does not comply with our delivery deadlines, the order is delivered on the next possible date. Delivery in Graz is completed within 24 hours within our business hours. Delivery dates outside of Graz are to be agreed individually.
6. Special Provisions for Customers. Who are not Consumers : Defects upon Delivery, Notifications of Defects
6.1 If the customer is not a consumer as per the legal definition, the following provisions apply:
6.2 Apparent defects in delivery, for example, caused during delivery or inherent to the product itself must be reported by a complaint made by telephone, in writing or in text form, immediately and by 24:00 on the day of delivery. Retroactive claims due to late complaints are not accepted.
6.4 In the event of faulty customer information preventing a delivery of the order, Burgflorist Flora Salon e.U. reserves the right to retain the purchase price received as a pre-payment, and is not obligated to renewed shipment of the order.
7.Place of Fulfilment
The place of fulfilment is the headquarters of our company, Burgflorist Flora Salon e.U. , provided that the customer is not a consumer as defined by the KSchG. The same applies to Graz as the place of jurisdiction.
8.Damage Compensation
8.1. The recipient shall exclusively and immediately contact us upon objectively justified complaints. We guarantee the quality of the delivery – contingent on appropriate treatment – for up to two days after delivery, and we will provide a natural replacement if complaints regarding flowers or plants have been acknowledged within this period and replacement has been agreed upon!
8.2. Burgflorist is only liable for damages due to intent and gross negligence. This does not apply to damages to person or to consumer business. The damaged party is responsible for proving the occurrence of light or gross negligence, provided that the matter is not a consumer transaction. The compensation of (defective) resulting damages as well as other material damages, property damages and damages to the customer by third parties is excluded, provided that the matter is not a consumer transaction. Burgflorist provides services with the greatest degree of care, but is not liable for services provided by or solicited from third parties.
9.Revocation Rights
You have the right to withdraw from this contract within fourteen days without naming reasons.
The withdrawal period is fourteen days as of the day
- of contract conclusion for services (or)
- on which you gained possession of the product, for purchase agreements on products
In order to exercise your right of withdrawal, you must make a clear statement to us (such as a letter sent by mail, by telefax or email) at
Burgflorist, Flora Salon e.U. Owner: Rudolf Hajek, Burggasse 1, 8010 Graz (date of postmark), or by email: burgflorist@blumen-hajek.at
In this letter, you must inform us of your decision to withdraw from the contract. To do so, you can use the sample withdrawal form provided below, but this is not required.
In order to uphold the withdrawal deadline, it is sufficient for you to send the message informing of your exercise of the right to withdrawal before the expiration of the withdrawal period.
Consequences of Revocation
If you withdraw from this contract, we are required to reimburse you for all payments we have received from you, including costs of delivery (with the exception of additional costs resulting from you selecting another form of delivery than the cheapest one recommended by us), immediately and within fourteen days at the latest as of the day on which we receive the statement on your withdrawal from the contract. For this repayment, we use the same means of payment used by you during the original transaction, unless we have expressly agreed on another form of payment with you; under no circumstances will we charge you for this repayment.
We may refuse repayment until we have received the return delivery of the product. If you can prove that you have returned the product, the day of provable postage is taken as the due date for repayment.
You are to return the product to us in person or by post at your own cost, immediately and, in any case, within fourteen days as of your statement of withdrawal from the contract at the latest.
If you have requested that a service begin during the withdrawal period, you are to provide an appropriate amount of payment to us that corresponds to the portion of services already provided up to the time that you exercise your withdrawal rights with regard to this contract compared to the overall amount of services intended in the contract.
Withdrawal rights do not exist for:
- Urgent repair or maintenance work during which the contractor was expressly requested to perform this work in person
- Products prepared according to customer specification or clearly tailored to personal needs (e.g. flower bouquets)
- Products that are extremely perishable or whose expiration date would quickly pass (e.g. flowers or plants) o Products that have been inseparably mixed with other goods after their delivery due to their composition o Alcoholic beverages the price of which was agreed upon contract conclusion, but which may not be delivered earlier than 30 days after contract conclusion, and whose
- current value depends on fluctuations in the market on which the contractor has no influence o Products or services the price of which depends on fluctuations in the financial market, on which the contractor has no influence and which could occur during the withdrawal period o Newspapers, magazines or illustrations, with the exception of subscription contracts on the delivery of such publications o Services for which the contractor has, at the express wish of and with the knowledge of the consumer that he will forfeit his right to withdrawal upon full contractual fulfilment by the contractor, begun provision before expiration of the withdrawal period, and which have thus been provided in full
- Products delivered sealed and not suitable for return due to sanitary or hygiene-related concerns, provided that their seal was removed after delivery
- Audio or video recordings or computer software delivered in sealed packaging
Sample Withdrawal Form:
Withdrawal Form
(If you would like to withdraw from the contract agreed upon with us, please fill out this form and send it back to us; the use of this form is not required for the validity of withdrawal, any type of message is sufficient)
*********************************************************************************
To
Burgflorist
Flora Salon e.U. Owner: Rudolf Hajek
Burggasse 1 8010 Graz
I/we (*) hereby withdraw from the contract to which I/we (*) have agreed on for the purchase of the following products (*)/the provision of the following service (*)
——————————————————————————————————–
——————————————————————————————————–
——————————————————————————————————–
● Ordered on (*)/received on (*)
——————————————————————————————————–
● Name of consumer(s)
——————————————————————————————————–
● Address of consumer(s)
——————————————————————————————————–
● Signature of consumer(s) (only for messages on paper)
——————————————————————————————————–
● Date
——————————————————————————————————–
(*) Cross out non-applicable information.
*********************************************************************************
Burgflorist Flora Salon e. U. will reimburse costs of return delivery for each case of return of defective items or those you have not ordered.
10.Product Liability
Regress claims as per §12 of the Product Liability Act are excluded unless the party authorised to regress is able to prove that the error was caused by us, or that we are at least liable due to gross negligence. 11.Choice of Law
Austrian law applies unless mandatory legal provisions stipulate otherwise.
The applicability of UN sales law is expressly excluded. The contract language is German. For contracts with customers who are not consumers, the factual and local court for 8010 Graz is agreed as the exclusive court of jurisdiction.
As of: May 2017