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Terms of use

The English version is only for understanding. In all cases is the German version the predominant version.



Flora Prima GmbH
Didderser Straße 32
38176 Wendeburg

Telephone: +49 (0) 5303-99098-10
Telefax: +49 (0) 5303-9709217

We are available from:
Monday thru Friday from 6:30 until 22:00 CET
Saturday from 6:30 until 18:00 CET
Sunday from 10:00 until 18:00 CET

Fax: +49 (0) 5303-9709217

info@floraprima.de

www.floraprima.de

Commercial register: HRB 101207
VAT No.: DE 240733149
Tax ID: 13/207/20800 Tax and Revenue Office Braunschweig-Altewiekring

Managing Directors:
Christof Heidemeyer
Derek Regan

 

§ 1 Area of application
§ 2 Conclusion of the contract
§ 3 Order transaction
§ 4 Storage of contract
§ 5 Service and Guarantee
§ 6 Prices, delivery terms
§ 7 Delivery
§ 8 Protection of minors
§ 9 Subject of change
§ 10 Cost of return shipment in case of revocation
§ 11 Right of revocation
§ 12 Return shipments
§ 13 Duties / Payment methods / Consequences of default / Credit assessment / Reservation of proprietary rights / Indemnity
§ 14 Court of jurisdiction and applicable law
§ 15 Privacy policy and security
§ 16 Liability
§ 17 Complaints / Mediation


§ 1 Area of application

The following terms of use are applicable through your order, which is included in your offer.


§ 2 Conclusion of the contract

The placing of products on this website is not an official offer; it is merely a request for you to make an offer based on the terms and conditions presented.

With your order, you are giving a corresponding binding offer which is confirmed by us through coherent conduct, such as the debiting of your account, charging of your credit card, electronic invoice or the delivery of goods.

Directly after placing your order you will receive an order confirmation in text form. This order confirmation does not validate the acceptance of your order, but rather serves as information.


§ 3 Order transaction

You can place an order with FloraPrima in the following manner:

1) By ordering directly through our website: www.floraprima.de

2) By calling us on our order Hotline
Telephone: +49 (0) 180-5455615 ((14 ct/per min. from Germany landline; mobile max price 42ct/per min.)
Telefax: +49 (0) 5303-9709217

We are available from:
Monday thru Friday from 6:30 until 22:00 CET
Saturday from 6:30 until 18:00 CET
Sunday from 10:00 until 18:00 CET

3) Per Fax: +49 (0) 5303-9709217


§ 4 Storage of contract

Please bear in mind that this contract is not saved by us. You have however the possibility of printing this contracting by using the print function in your browser.


§ 5 Service and Guarantee

Adjacent the statutory guarantees we assure the delivery of fresh and faultless quality to the desired delivery date. The buyer bears the risk of a delayed delivery associated with the standard delivery.

We are happy to accept your order per telephone. Please bear in mind that the FloraPrima GmbH is not accountable of any losses occurred due to spelling mistakes. Please read your confirmation email thoroughly which is sent automatically within approximately. 20 minutes of placing your order. If you find a mistake please contact us immediately per telephone or email.

Our floristry processes exclusively fresh and choice goods. We assure to the best of our ability to maintain the standard and deliver a top quality bouquet.

7-Day-Freshness-Guarantee

Please bear in mind that we essentially guarantee 7 days of freshness for our flowers and 4 days of freshness for the flowers in the categories “Last Minute” and “International Delivery”. If for some reason an occasion for complaint arises, we will promptly arrange for a one-time replacement. In such a case please contact us at +49 (0) 5303 990980 or via email at info@floraprima.de. We will make all efforts in finding a solution which will satisfy you.

We would be pleased if you would accept our offer in such a case as a return debit note or a return consignment is associated with unnecessary costs.

Please bear in mind that the freshness guarantee can only be provided if the recipient accepts the order directly on the delivery day.

International Delivery

We are pleased to deliver your flowers in 120 countries. Our florists on location are happy to realize your individual wishes. Please understand that the flower culture in other countries is often different then in Germany, thus we are unable to guarantee that your flower gift is exactly the same as the flowers shown on our homepage.


§ 6 Prices, delivery terms

1. Prices

All the prices shown on our website include the current legal value added tax.
The delivery fees are not included in the prices.

2. Delivery terms and conditions „Last Minute“ and „International Delivery“

The delivery fee for orders made from the category “Last Minute” are 9,99€ and 14,99€ till 24,99€ from the category “International Delivery”. Please understand that the flower culture in other countries is often different then in Germany, thus we are unable to guarantee that your flower gift is exactly the same as the flowers shown on our homepage. In case the requested flowers ordered are not available, our florists on location will deliver flowers of higher value and quality.

The flower gifts in these categories are delivered from florist partners on location. The delivery takes place during normal store hours. A delivery on Sundays and Holidays is not possible. Nevertheless we will attempt to fulfil this type of request and ask you to contact us at +49 (0) 5303 990980 or via email at info@floraprima.de if such a delivery is needed. Please bear in mind that for some countries we need the order 2-3 days prior to the desired delivery date.

3. Additional delivery terms and conditions

In the case that an order is undeliverable because of an incorrect address information, missing recipient name on the doorbell or mailbox or the denial of the delivery, the full price of the flowers and delivery must still be paid. Depreciation in quality of the flowers on account of delayed pickup from the neighbours or depot are to be accounted for by the buyer. In this case the cost of the flowers and the delivery is also to be carried by the buyer.

Our terms of use are aligned with the terms of use from our delivery service. You have the choice: guaranteed delivery or standard delivery. In either case, we dispatch your order punctually. As flowers are fresh produce, we dispatch every order to our delivery service one work day prior to delivery. The respective delivery options and prices are shown to the buyer during the ordering process.

Standard delivery - 4,99€

The standard delivery is carried out via our delivery service Monday to Saturday from approximately 08:00 until 19:00. Please bear in mind that 95% of the standard deliveries arrive on the desired delivery date. In exceptional cases (2-5%) the delivery can be delayed by 1-2 business days. We have no influence on these delays.

Guaranteed delivery  - 11,99€ (with money back guarantee)

The guaranteed delivery is carried out Monday to Friday via our delivery service. The delivery is guaranteed on your requested delivery date. In case the delivery is delayed, then we refund the delivery fees.

The Guaranteed Delivery with our delivery service for premium bouquets, roses and certain other products costs 19,99€

Guaranteed delivery on Sunday - 22,99€ (with money back guarantee)

The guaranteed delivery on Sunday is carried on via our delivery service on the requested Sunday. In case the delivery is delayed, then we refund the delivery fees.

The guaranteed Sunday delivery for premium bouquets, roses and certain other products costs 27,99€

Standard Delivery in Austria and Denmark 11,99€; Belgium, France, Luxembourg, Holland, Poland and Czech Republic 14,99€

All products are sent a day prior to the desired delivery date. Therefore the completion of an order numerous days prior to the desired delivery has no affect on the reliability of the delivery.

The delivery takes place Wednesday(8:00h–19:00h) through Friday (8:00h–15:00h) with GLS. The completion of a delivery is warranted in 95-98% of all deliveries. Apart from that, the deliveries are completed with a delay of 1-2 business days. The driver is also authorized to deliver the flowers to a neighbour if the recipient can not be reached.

Gift Certificate Delivery 2,00€
 
Standard Delivery in Germany 5,99€

All products are sent a day prior to the desired delivery date. Therefore the completion of an order numerous days prior to the desired delivery has no affect on the reliability of the delivery.

The delivery takes place Monday(8:00h–19:00h) through Saturday (8:00h–15:00h) (Except Cakes) with our delivery service. The completion of a delivery is warranted in 95-98% of all deliveries. Apart from that, the deliveries are completed with a delay of 1-2 business days. The driver is also authorized to deliver the flowers to a neighbour if the recipient can not be reached.

Florist Delivery: Germany and Austria 9,99€

Flower delivery in Switzerland 14,99€

Worldwide Delivery Fee 14,99€ (Spain Islands 24,99€)

Gauranteed delivery in USA & Canada Tuesday thru Friday 14,99€

Gauranteed delivery on Saturday in USA & Canada 32,99€


§ 7 Delivery

1. General information

The delivery of the flower gifts is carried out by the FloraPrima GmbH to the delivery address provided by the buyer unless otherwise arranged. The buyer is responsible for providing complete and correct address details.

Please read your confirmation email thoroughly and contact us with any eventually changes via email info@floraprima.de or via telephone at +49(0)5303 99098 0. We need your requested changes by the latest 9:00 the day before delivery. Changes requested after this time are no longer possible.

In order to deliver we need a correct postal address. Please contact FloraPrima prior to making a delivery a non postal conform address (e.g. Boat, Terminal, Railroad Station, Military Base).

Special case: Due to the high volume of orders during peaks such as Valentines Day, Mothers Day and Christmas, we have to forward orders to our logistics 2 to 3 days prior to the delivery date. A change can be made the latest 3 days prior to the delivery date. In addition during peaks the delivery may be made one day earlier as the desired delivery date. We deliver to every correct and complete address in Germany. Please bear in mind when making a delivery to a hospital as some hospitals do not accept packages on Saturdays. The courier does not have the authority to deliver directly to the recipient. The same goes when delivery to large business’ and hotels.

2. Delivery times and delivery details

Standard delivery 4,99 €

The standard delivery is carried out via our delivery service Monday to Friday from approximately 08:00 until 19:00 and Saturday from approximately 08:00 until 16:00. No matter what, we dispatch your order punctually. As flowers are fresh produce, we dispatch every order to our delivery service one work day prior to delivery. For the punctual delivery it is therefore irrelevant if the buyer placed the order numerous days prior the delivery date. Please bear in mind that 95% of the standard deliveries arrive on the desired delivery date. In exceptional cases (2-5%) the delivery can be delayed by 1-2 business days. We have no influence on these delays.

In the case that the recipient is not home at the time of the delivery, FloraPrima GmbH maintains the right to deliver to a neighbour. If a delivery to the neighbour is not possible, our delivery service will bring the delivery to the local depot for the recipient to pick up. The maximum storage time is 7 days. A new delivery is not intended in the case of a standard delivery.

Delivery at a specific day time or hour is not possible.

Guaranteed delivery on Sunday - 22,99 € (with money back guarantee)

The guaranteed delivery on Sunday is carried on via our delivery service on the requested Sunday. In case the delivery is delayed, then we refund the delivery fees.

The guaranteed Sunday delivery for premium bouquets, roses and certain other products costs 27,99 €

Guaranteed delivery  - 11,99 € (with money back guarantee)

The guaranteed delivery is carried out Monday to Friday via our delivery service. The delivery is guaranteed on your requested delivery date. No matter what, we dispatch your order punctually. As flowers are fresh produce, we dispatch every order one work day prior to delivery.

The Guaranteed Delivery with our delivery service for premium bouquets, roses and certain other products costs 19,99 €

In the case that the recipient is not home at the time of the delivery, FloraPrima GmbH maintains the right to deliver to a neighbour.

Upon entering the recipient details, the buyer has the option of entering additional address information which neighbour the package can be left with or if the package can be left in front of the door . This information however is not binding.

The delivery option "Guaranteed delivery" is guaranteed for the desired delivery date. In case our delivery service does not make the delivery on time you get your money back for the delivery fees. Please bear in mind that the delivery guarantee only applies when the courier didn’t attempt to make the delivery. We are unable to extend the guarantee if the courier attempted the delivery as requested and no one was home to accept the delivery.

Delivery at a specific day time or hour is not possible.

Standard Delivery in Austria and Denmark 11,99 EUR; Belgium, France, Luxembourg, Holland, Poland and Czech Republic 14,99€

All products are sent a day prior to the desired delivery date. Therefore the completion of an order numerous days prior to the desired delivery has no affect on the reliability of the delivery.

The delivery takes place Wednesday (8:00h–19:00h) through Friday (8:00h–15:00h) with GLS. The completion of a delivery is warranted in 95-98% of all deliveries. Apart from that, the deliveries are completed with a delay of 1-2 business days. The driver is also authorized to deliver the flowers to a neighbour if the recipient can not be reached.

Standard Delivery in Germany 5,99€

All products are sent a day prior to the desired delivery date. Therefore the completion of an order numerous days prior to the desired delivery has no affect on the reliability of the delivery.

The delivery takes place Monday (8:00h–19:00h) through Saturday (8:00h–15:00h) (Except Cakes) with our delivery service. The completion of a delivery is warranted in 95-98% of all deliveries. Apart from that, the deliveries are completed with a delay of 1-2 business days. The driver is also authorized to deliver the flowers to a neighbour if the recipient can not be reached.

Last Minute and International delivery

The flower gifts in the categories “Last Minute” and “International Delivery” are delivered from florist partners on location. The delivery takes place during normal store hours. A delivery on Sundays and Holidays is not possible. Nevertheless we will attempt to fulfil this type of request and ask you to contact us at +49 (0) 5303 990980 or via email at info@floraprima.de if such a delivery is needed. Please bear in mind that for some countries we need the order 2-3 days prior to the desired delivery date.

For deliveries outside Europe we need the order one business day prior to the delivery date. Deliveries in Asia and Australia may take up to 2 days. Delivery in the USA is not possible on Saturday to Monday.

When making an order to a foreign country, please make sure to provide us with the recipient’s telephone number. Our florist partner will coordinate a delivery time and clarify the address directly with the recipient.

Gift Certificate Delivery 2,00 Euro

 

3. Delivery table

Next day delivery table

Orders completed on

by

Delivery on

Monday

17:00

Tuesday

Tuesday

17:00

Wednesday

Wednesday

17:00

Thursday

Thursday

17:00

Friday

Friday

17:00

Saturday

Saturday

11:00

Monday

Sunday

 

Tuesday

A delivery on Sundays and Holidays is not possible with guaranteed delivery. A delivery on Saturday is possible. If our delivery service in isolated cases unable to delivery or was unable to attempt the delivery (reasons that are associated directly with our delivery service) we will refund the delivery fees. A refund is however not possible if the recipient was not home at the time of the delivery, the delivery is denied or the delivery address is incorrect.

„Last Minute“ and „International Delivery“ table

Orders completed on

By

Delivery on

Monday

15:00

Monday

Tuesday

15:00

Tuesday

Wednesday

15:00

Wednesday

Thursday

15:00

Thursday

Friday

15:00

Friday

Saturday

12:00

Saturday

Sunday

 

Monday

Orders placed after 15:00 will be delivered on the next business day. A delivery on Sundays and Holidays is not possible with guaranteed delivery. A delivery on Saturday is possible.

 


§ 8 Protection of minors

1. FloraPrima will only complete a contract with persons of full age. The person completing the order is bound to make sure that the person completing the order or receiving the order is a person of full age. The delivery of alcoholic drinks will only be made to persons above the age of 18.

2. The person completing the order free FloraPrima of any liabilty associated with 1.

 


§ 9 Subject of change

Flower are seasonal products. As we have the option to order far into the future, in few cases certain flowers may no longer be available for delivery.

In such a case we will contact you regarding the possibilites to change the flowers or if wished, to cancel the order.

If we are unable to reach you due to missing contact information, we reserve the right to change the product. We will attempt to change the product in a manner that it is similiar to the original product ordered. In certain cases we will deliver a bouquet of higher worth quality.


§ 10 Cost of return shipment in case of revocation

You have to carry the cost of returning the delivery when the delivered product is as ordered and the price of the product is below 40,00 Euro. If the price of the product is above 40,00 Euro, then the cost of return delivery is free.


§ 11 Right of revocation

Right of revocation

You have the right to revoke your contractual statement with 2 weeks of receipt of the goods in writing (e.g. letter, fax, email) or by returning the goods before the right of revocation deadline. The deadline begins upon receiving this briefing in text form, however not before the goods are delivered to the recipient (by the recurring delivery of similar goods, not before the delivery of the first partial delivery) and not before the completion of our responsibilities in accordance with § 312c Abs. 2 BGB in conjunction with § 1 Abs. 1, 2 and 4 BGB-InfoV as well as our responsibilities in accordance with § 312e Abs. 1 Satz 1 BGB in conjunction with § 3 BGB-InfoV. The adequate posting of the revocation or the affair ensures the right of revocation. The revocation is addressed to:

FloraPrima GmbH
Didderser Straße 32
38176 Wendeburg
Fax: 05303/97 09 217
E-Mail: info@floraprima.de

Revocation consequences

In the event of an effective/valid revocation, each party shall return the benefits received to the other party and emoluments taken are to be returned. If you are unable to send whole/partial or the received goods are returned damaged you have to provide compensation for the value of the goods. This does not apply if the goods are surrendered simply due to the assessment of the goods, as possible in a retail store. Incidentally you are able to avoid the responsibility of compensation for damages to the goods by not handling the goods as your possession and refrain from anything that may reduce the value of the goods. Packages that are ready for shipment can be sent back at our risk. You must carry the cost of the return consignment if the goods resemble the ordered goods and when the price of the goods being sent back is below 40 € or if the goods were prices higher at the time of revocation and you did not fill your responsibilities or did not make any potential partial payment. In all other cases the return consignment is free of charge. Goods that are not in a state to be transported by package will be picked up. Commitments to refund muss be fulfilled within 30 days. The time period begins for you once you have addressed your right to revoke or the sending back of the goods and for us once the goods or revocation has been received.

Exclusion of rights of revocation

Please bear in mind that a right of revocation does not apply for goods not appropriate for return consignment due to their composition or goods that can spoil easily.

Please bear in mind that only consumers are entitled to the right revoke.

End of the information pertaining to the rights of revocation.


§ 12 Return shipments


We strongly suggest that you send us your request for return shipment in text form. We will then promptly send you a free way billet with which you can use to send the goods back with out any cost on your side.


§ 13 Duties / Payment methods / Consequences of default / Credit assessment / Reservation of proprietary rights / Indemnity

Duties

The buyer has a responsibility in advance and the purchase price and delivery fee is due immediately after the order has been completed.

Payment methods

Payment can exclusively be made using either a credit card (VISA, MasterCard, AMERICAN EXPRESS), debit payment, Sofortüberweisung or invoice.In certain cases FloraPrima GmbH reserves the right to request that the buyer engage in return debit note or return transfer.
In such cases FloraPrima GmbH carries the associated costs.

Consequences of default

The cost associated with a return debit or a charge back are carried by the buyer. Additional claim for damages by FloraPrima GmbH are not touched by this. In the case that a pre-collection letter ceases to have effect, FloraPrima GmbH will resign the claim to a collections agency.

Credit assessment

FloraPrima GmbH reservces the right to check the credit worthiness of a buyer through

infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden and CRIF GmbH, Dessauerstraße 9, 80992 München.

Information on credit worthiness based on mathematical-statistical evaluations are obtained from CRIF GmbH, Dessauerstraße 9, 80992 München and infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden.

Reservation of proprietary rights

The delivered goods remain the property of the FloraPrima GmbH until the purchase price and delivery fees have been paid in full.

Indemnity

An offset from the buyer is only acceptable if the alleged counterclaim is unchallenged and legally binding or if lawsuit pertaining to this matter is ready for judgment.


§ 14 Court of jurisdiction and applicable law

Court of jurisdiction for fully qualified merchants, legal entities is Braunschweig, Germany. Cross-liability claims between FloraPrima GmbH and individuals that act in conjunction with commercial or self employed activities underlie German law


§ 15 Privacy policy and security

We are pleased about your interest for our website and our company.

The protection of your personal information in conjunction with ascertaining, processing and utilizing on our website and your order information is a very important concern. Your data is protected based on the statutory rules and regulations. Subsequently you will find information about the data that is ascertained and utilized during your visit on our website.

2.) Utilization and transfer of individual based data

As far as you provide us with individual data, this data will only be used to answer your questions, to complete and process your contract, for customer care purposes and technical administration.

The usage of your personal data for customer care can be objected by you at any time.

Your data will only be passed on to 3rd parties if this is necessary to complete and process your contract. This occurs especially through the transferring of information economic information services to check credit worthiness and for purposes of payment.

Further usage of your data occurs only when you have provided your consent.

You have the right to revoke your consent for the future usage of your data.

The deletion of your personal data occurs when you revoke your consent allowing us to store this data, when your data is no longer needed for completion of the order or when the storage for legal reasons is no longer allowed.

3.) Additional rights

When asked we are more then happy to inform you about data we have stored on your person. In addition you have the right to correct, delete or block incorrect data.

Security

We use a 256-Bit-Coded SSL Security System (Secure Socket Layer) when transferring data. This technology offers the highest of security and is also used by banks in conjunction with online banking services. You can identify if data is coded when it is being transferred by looking at the bottom right area of your status bar on your browser. If the data is coded a closed lock or key will appear.

FloraPrima GmbH offers payment via debit and credit card. All payment methods are fully secured through the above safety measure in order to provide the highest level of safety for your financial transactions.


§ 16 Liability

FloraPrima GmbH, its representatives and assigness are not liable for any damage, unless the damage caused was due to negligence or deliberate breach of duties. Damages caused for affairs on a business level are limited.

The prior paragraph does not apply to damages to life, persons or health. A potential liability based on the product liability statutes stays in tact.


§ 17 Compaints / Mediation

Starting the 15th of Feb. 2016 the EU-Commission with offer a platform for extrajudicial mediation. Consumers will be able to mediate complaints with an online order without going directly to court. The platform can be reached under the following link: http://ec.europa.eu/consumers/odr/

We are however not obligated to participate in extrajudicial settlement process in front of a consumer settlement place, and we are also not willing to participate in this system.