GENERAL TERMS AND CONDITIONS
§ 1 Scope of application, customer information
The following general terms and conditions (GTC) govern the contractual relationship between fleur ami GmbH and consumers and entrepreneurs who purchase goods via our shop fleur ami. We do not recognise any terms and conditions that conflict with or deviate from our terms and conditions. The contract language is German.
§ 2 Conclusion of contract
(1) The offers on the Internet represent a non-binding invitation to you to purchase goods.
(2) You can place one or more products in the shopping basket. In the course of the ordering process, you enter your data and wishes regarding payment method, delivery modalities etc.. Only when you click on the order button do you submit a binding offer to conclude a purchase contract. However, you can also place a binding order by telephone or fax. The immediate confirmation of receipt of your order by e-mail or fax does not constitute acceptance of the purchase offer.
(3) We are entitled to accept your offer within 4 working days by sending an order confirmation by e-mail. If the period specified in sentence 1 expires without result, your offer is deemed to have been rejected, i.e. you are no longer bound by your offer. In the case of a telephone order, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, you are no longer bound by it.
§ 3 Customer information: Storage of your order data
Your order with details of the contract concluded (e.g. type of product, price, etc.) will be stored by us. We will send you the GTC, but you can also access the GTC at any time after conclusion of the contract via our website. As a registered customer, you can access your past orders via the customer login area ( www.fleur-ami.com/bestellhistorie/).
§ 4 Customer information: Correction notice
You can correct your entries at any time before submitting the order by pressing the delete button. We will inform you of further correction options as you progress through the order process. You can also end the order process completely at any time by closing the browser window.
§ 5 Retention of title
The object of purchase remains our property until full payment has been made.
§ 6 Limitation of your warranty claims
(1) Statutory warranty rights exist for our goods.
(2) Warranty towards consumers for used goods
Your claims for defects in used goods shall become time-barred one year after delivery of the sold item to you. Excluded from this provision are claims for damages, claims for defects that we have fraudulently concealed and claims arising from a guarantee that we have assumed for the quality of the item. The statutory limitation periods apply to these excluded claims.
(3) Warranty towards entrepreneurs
Your warranty claims due to defects in the purchased item shall expire one year after the transfer of risk. Excluded from this provision are claims for damages, claims for defects that we have fraudulently concealed and claims arising from a guarantee that we have assumed for the quality of the item. Also excluded is the right of recourse according to § 478 BGB. The statutory limitation periods shall apply to these excluded claims.
§ 7 Limitation of liability
We exclude liability for slightly negligent breaches of duty, insofar as these do not relate to essential contractual obligations, damages resulting from injury to life, limb or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include in particular the obligation to hand over the item to you and to procure ownership of it for you. Furthermore, we must provide you with the item free of material defects and defects of title.
§ 8 Commercial place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is our registered office (Krefeld) if you are a merchant.
§ 9 Consumer information: Participation in a dispute resolution procedure
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://www.ec.europa.eu/consumers/odr. You can find our email address in our legal notice. We are neither obliged nor willing to participate in the dispute resolution procedure.
