General Terms and Conditions
1. TERMS AND CONDITIONS; CONTRACTING PARTIES
The following Terms and Conditions apply for all contracts for the purchase of goods in the online shop of EMMIE GRAY GmbH, Hansaallee 321, 40549 Düsseldorf (hereinafter EMMIE GRAY) - for instance viewable at https://www.emmiegray.de - by the customer (hereinafter “the customer”; EMMIE GRAY and the customer hereinafter jointly “the parties”). Deviating terms of the customer are not a part of the contracts between the parties, even when EMMIE GRAY does not explicitly reject their applicability. The contracting parties in the context of the conclusion of the contract are exclusively EMMIE GRAY and the ordering customer.
Our flowers are natural products. Any information on colour, shape and size and any visual representations on our website and in our brochures, advertisements, and social media channels are solely for illustrative purposes. Flowers are not for eating.
Notes for use: These terms and conditions contain, amongst other things, provisions that apply exclusively to entrepreneurs according to the definition of § 14 BGB (German Civil Code). These clauses do not apply to consumers in the definition of § 13 BGB and are indicated as such. Consumers in the meaning of the provisions below are all natural persons who complete a transaction for purposes that can in the main not be assigned to their professional commercial or freelance activities. Entrepreneurs are all natural or legal persons, or a partnership having legal capacity, that are acting in the course of their professional freelance or commercial activities when completing a transaction.
2. ORDER BY THE CUSTOMER
All orders by the customer are conditional on an acceptance by EMMIE GRAY and the availability of the goods. When submitting an order, the customer assures that the information provided is correct and complete. The customer further confirms that he is an authorised user of the credit card or debit card or another means of payment used for the order.
3. ORDERING PROCESS
You order in our shop by going through the following steps:
1) On the product overview level, clicking on a product takes you to the detailed view of that product.
2) On the product details level, the rose colour on the photo is selected by default. You have the option of selecting another rose colour for the displayed product. The product price may vary depending on the rose colour. By clicking on the “Add to shopping cart” button, you add the selected rose bouquet to your shopping cart.
3) When you click on “Edit shopping cart” all the articles you have selected are now displayed. You have the option of editing your selection (number per article, remove articles). The navigation bar at the top lets you exit the shopping card at any time to select additional articles from the shop. By clicking on the “Shopping cart” button in the upper right area of the online shop you can return to the shopping cart at any time and will find it in the state you left it in.
4) You can now add further products to you shopping cart, or you can go to the next step of the ordering process - entering your address - by clicking on the “Proceed to checkout” button.
5) You can now enter your complete address information in the “Your address” step. If the billing and shipping address are different, you can click on the field “The shipping address is different from the billing address” and enter the differing address.
6) In the next step, “Payment method and shipping method”, you can select your preferred payment method. You can choose between PayPal, credit card, immediate transfer and advance payment. Mark the field corresponding to your preferred payment method. You can then leave an optional greeting (which will be placed in the rosebox) in the text field assigned for this purpose and select a guaranteed delivery date from those available in the calendar.
8) Clicking on the button “Continue” takes you to an overview of your order summarising all the information regarding your planned order (especially billing and shipping address, product(s), price, quantity, payment method). Please confirm that you accept the Terms and Conditions of EMMIE GRAY GmbH and have read the withdrawal instructions by ticking the corresponding box.
9) By clicking on the “Complete payment” you send your order to us. By doing so, you offer us the conclusion of a sales contract. The information regarding the time of the contract’s conclusion can be found in the corresponding section (contract conclusion) in the Terms and Conditions.
4. CONTRACT CONCLUSION
4.1. The presentation of the products in the online shop does not represent a legally binding offer but only a non-binding product advertisement. By ordering goods, the customer submits a binding offer to conclude a sales contract. After submitting the order, the customer receives an e-mail confirming the receipt of the order (“order confirmation”). This order confirmation does not represent an acceptance of the offer; at this time a contract has still not been concluded. A sales contract between EMMIE GRAY and the customer is only concluded by a further explicit order confirmation (acceptance of the offer by EMMIE GRAY after verifying the customer information (creditworthiness and identity check) and availability of the goods) or by the shipping of the goods.
4.2. Goods are only delivered in household quantities.
5. DELIVERY TERMS AND SHIPPING COSTS
5.1. Deliveries by EMMIE GRAY only take place after receipt of the sales price and any due shipping costs in accordance with item 5.3. below.
5.2. The customer can select the desired delivery date during the ordering process. Should the customer want an earlier delivery date than available in the calendar, the premium delivery option is available. Shipping is exclusively with DPD/DHL (standard or express delivery) or DHL Same Day. The chosen delivery date is guaranteed when express, premium or Same Day delivery is selected. For standard shipping and shipping outside Germany it can deviate by one to three workdays. Once the goods are shipped, the customer receives an e-mail with the tracking number. This allows him to follow his shipment online. We recommend being at home in person at the time of delivery. We can only guarantee the freshness of the flowers in this case. Should the courier not find the customer and deliver or store the package elsewhere, we kindly ask the customer to pick it up as quickly as possible.
5.3. For deliveries within Germany, shipping fees of EUR 3.90 for standard shipping and EUR 6.90 for express shipping “Guaranteed delivery on the chosen date” are charged. For the selectable shipping option premium shipping, an additional charge of EUR 3, or EUR 9.90 for a Saturday delivery, applies.
5.4. The shipping costs for deliveries to other EU countries are shown in the overview of shipping costs in the online shop and are reported to the customer in the order form.
6. PRICES AND PAYMENT TERMS
6.1. The prices in the online shop are final prices including the statutory VAT plus any shipping costs according to item 5.3 above. During the ordering process, the customer receives an overview with information on the total price of the order before submitting it.
6.2. The customer can pay by credit card, PayPal, immediate transfer or advance payment.
6.3. The payment of the sales price is due immediately upon the contract’s conclusion.
7. TRANSPORT DAMAGE
If goods are delivered with obvious transport damage, please lodge a complaint with the shipper and contact us as soon as possible. Failure to lodge a complaint or contact us has no consequences on your legal rights, in particular your warranty rights, and their enforcement. However, this would help us in asserting our own claims against the shipper or the transport insurance.
The risk of accidental destruction and accidental deterioration is transferred to you as soon as we have handed over the goods to the shipper, the transporter or any other person or institution assigned to the shipment. Between merchants, the duties to inspect for and give notification of defects governed by § 377 HGB (German Commercial Code) apply. If you fail to report as provided for therein, the goods are deemed approved, unless the defect was one that was not recognisable during the inspection. This does not apply if we have maliciously concealed a defect.
Unforeseen hindrances to delivery that are beyond our control entitle us to extend the delivery period by a reasonable time. This also applies when the hindrances to delivery arise at subcontractors.
Provided that nothing else was agreed, the goods are shipped to the shipping address you have provided. You bear the risk of delivery failure if you have entered an incorrect address. We are not obligated to determine a correct address.
We are entitled to make partial deliveries.
If you are an entrepreneur in the meaning of § 14 BGB, the shipment of the goods is at your own risk. We reserve the right to not ship to non-EU countries.
8. Right of withdrawal notice
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without stating a reason.
The withdrawal period is fourteen days from the day on which you or a person named by you who is not the shipper take possession of the goods. To exercise your right of withdrawal, you must inform us (EMMIE GRAY GmbH, Hansaallee 321, 40549 Düsseldorf, e-mail firstname.lastname@example.org) through an explicit declaration (e.g. mailed letter, fax or e-mail) of your decision to withdraw from this contract. You may - but do not have to - use the supplied sample withdrawal form.
To observe the withdrawal period it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the period.
Consequences of withdrawal
If you withdraw from this contract, we must refund all payments that we have received from you, including the shipping costs (excluding the additional costs arising from you choosing another shipping method from the cheapest standard method offered by us), immediately and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract was received by us. For the refund we use the same payment method that you used for the initial transaction, unless expressly otherwise agreed, and in no case will fees be charged for such a refund.
We may refuse to refund until we have received the goods or you have provided proof that you have shipped them, whichever comes first.
You must return the goods to us, EMMIE GRAY GmbH, Hansaallee 321, 40549 Düsseldorf, Germany or e-mail email@example.com, immediately, and in any case at the latest within fourteen days from the day on which you informed us of your withdrawal from this contract. The period is deemed observed if you ship the goods before expiry of the period of fourteen days.
We bear the costs of return shipping.
You are only liable for any loss of value of the goods if this loss of value is the result of actions not necessary for the inspection of the condition, characteristics and functionality of the goods.
Exclusion of the right of withdrawal
However, the right of withdrawal does not exist for the following contracts in particular:
• Contracts for the delivery of goods which have not been prefabricated and whose manufacturing requires an individual selection or designation by the customers, or which have clearly been customised to meet the customer’s needs,
• Contracts for the delivery of perishable goods (especially flowers) or goods whose expiry date would be reached soon,
• Contracts for the delivery of sealed goods, which are not suitable for return due to health protection or hygiene reasons, if the seal was removed after delivery,
• Contracts for the delivery of sound and video recordings or computer software in a sealed packaging, if the seal was removed after delivery.
SAMPLE WITHDRAWAL FORM
(If you wish to withdraw from the contract, please fill in this form and return it us.)
EMMIE GRAY GmbH
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the performance of the following services (*):
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
(If available, please reference the order number; this has no effect on the validity of the withdrawal):
Signature of the consumer(s) (only for notification in paper form)
(*) Delete as applicable.
The warranty is based on the legal provisions.
The goods offered in the online shop are depicted on the website by illustrative images. Minor deviations between illustration and actual condition do not represent a defect of the ordered goods. The product description alone is in every case authoritative for the condition of the offered products. Please note that the products presented in the online shop may no longer be available, or their prices may have changed, at the time of the customer’s visit to the website.
10. STATUTORY WARRANTY RIGHTS
The warranty for our goods is based on the “Warranty” provision in item 9 above.
You bear the risk of a standard shipment being delayed by 1 to 3 days. In the event that delivery was not possible because the information you provided was incorrect, we reserve the right to retain the received sales price and are not obligated to redeliver the shipment. We are not responsible for defects arising from improper handling of the goods (i.e. any handling of the goods not corresponding to the instructions for care). If you are an entrepreneur in the meaning of § 14 BGB, the following applies instead of § 1 line 1:
Regarding the condition of the goods, only the information stated by us is deemed agreed upon.
You are obligated to inspect the goods immediately and with due care for errors in quality and quantity and to report obvious defects to us within one (1) day from receiving the goods in text form (e.g. by e-mail); sending the report on time suffices for the observance of the period. This also applies to hidden defects upon their discovery. If the duties to inspect for and give notification of defects are not fulfiled, the assertion of the warranty claims is excluded. In the case of defects, we can choose between repair and replacement. If the remedy of defects fails, you can choose between requesting a reduced price or withdrawing from the contract. The remedy of defects is deemed to have failed after the second failed attempt, unless something else results from the type of object or defect or circumstances.
11. RESERVATION OF TITLE
The goods remain the property of EMMIE GRAY until the sales price is paid in full.
12.1. In the case of wilful action or gross negligence, EMMIE GRAY is unrestrictedly liable for all foreseeable damages resulting therefrom.
12.2. In the case of slight negligence, EMMIE GRAY is unrestrictedly liable for death, physical injury and harm to health. In the case of a slightly negligent breach of significant obligations, the liability is limited to the foreseeable damages typical of this type of contract. Significant obligations are those the fulfilment of which is necessary for the execution of the contract, the breach of which threatens the attainment of the purpose of the contract, and the observance of which the customer can regularly rely on. Otherwise, EMMIE GRAY is not liable for material and financial losses if these were caused by EMMIE GRAY, a legal representative or an agent due to slight negligence.
12.3. Insofar as the liability of EMMIE GRAY is excluded or restricted pursuant to item 9, this also applies to the personal liability of employees, representatives and agents.
12.4. Liability pursuant to the German Product Liability Act remains unaffected by the above limitation of liability.
13. APPLICABLE LAW
The laws of the Federal Republic of Germany, under exclusion of the UN Convention on the Sale of Goods, apply exclusively for all disputes arising in connection with the conclusion, execution or settlement of the contractual relation between the customer and EMMIE GRAY.
Should individual provisions of these Terms and Conditions contradict legal provisions and be invalid, the validity of the remaining contract is unaffected.
If you are a merchant under § 14 BGB, the location of our headquarters is the exclusive place of jurisdiction.
14. PROMOTIONAL VOUCHERS
Promotional vouchers cannot be purchased but are handed out by the provider as part of an advertising campaign. Generally, promotional vouchers cannot be redeemed subsequently, cannot be combined with other promotional vouchers, and cannot be used with discounted goods (excluding promotional vouchers specially for discounted goods, which are governed by special rules that are announced together with the respective promotional voucher). They cannot be redeemed in cash.
15. ONLINE DISPUTE RESOLUTION
The European Commission provides the following platform for online dispute resolution (ODR): http://ec.europa.eu/consumers/odr/.