General terms and conditions of Martin & Meyer GbR
Customer information for product orders in the Nelliflower online shop
Preamble:
The following General Terms and Conditions (GTC) also contain legal information about your rights under the regulations on distance selling and electronic commerce.
1. Scope/Definitionnen
The following General Terms and Conditions (GTC) also contain legal information about your rights under the regulations on distance selling and electronic commerce.
These general terms and conditions apply to all services and deliveries from Nelliflower GbR, Schneidhausen 5B, 52372 Kreuzau via the local online shop.
Any deviating conditions of the buyer are hereby expressly rejected. These do not become part of the contract either through delivery of the goods or through any other implied act.
A consumer within the meaning of these General Terms and Conditions is a natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2. Contractual partner
A purchase contract is concluded with Martin & Meyer GbR, represented by the managing partners Andrea Martin and Oliver Meyer, Schneidhausen 5B, 52372 Kreuzau.
3. Order process
You order in our shop by placing items in the shopping cart, proceeding to checkout, logging in as a registered customer, registering as a new customer or ordering as a guest without registering, entering or checking your delivery and billing address, selecting the shipping method and payment method, our terms and conditions and take note of the cancellation policy and confirm that your details are correct by clicking on the “Order with payment” button at the end.
You order based on a written Nelliflower offer in which you sign the offer you have and send it back to Nelliflower.
4. Offer and conclusion of contract
Your order represents a binding offer to us to conclude a purchase contract. By placing your order, you declare bindingly that you would like to purchase the goods ordered.
You will receive a copy of the order data in the order confirmation email, which you can save. This confirmation of receipt expressly does not constitute acceptance of your offer.
A purchase contract is only concluded when we accept your binding order by delivering the goods, or when we confirm our acceptance in text form via separate transport information/shipping notification by email. Your order will be accepted within five working days at the latest.
Deviating from the above, in the case of an order with the payment method in advance, a purchase contract is concluded when the payment request is sent by email. The payment request will be sent within five working days of your order at the latest.
The contract is concluded exclusively in German.
5. Correction of input errors/saving of the contract text
You can correct the contractual declaration you made as part of the order at any time before sending it by clicking on the “Edit” button. After sending the order, corrections are no longer possible.
We will store your orders until the purchase transaction has been completed. If you lose your order documents, please contact us by email. We will be happy to send you a copy of your order details as long as your order has not yet been processed. After the ordered goods have been completely delivered, we will delete the order data, subject to the statutory retention periods, and can no longer make them available.
6. Prices and shipping costs
The prices stated on the product pages include VAT plus shipping costs.
In addition to the stated prices, we charge shipping costs for delivery. The shipping costs will be clearly communicated to you on the shipping cost overview, in the shopping cart system and on the order page.
7. Delivery
We ship our items with our shipping partner GLS.
The delivery time within Germany is a maximum of fourteen working days, unless other information is included in an offer. The delivery period begins for payment on the day after the payment order is issued to the transferring credit institution, for payment by invoice or cash on delivery on the day after confirmation of the order and ends on the following fifth working day. If the last day of the deadline falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, such a day will be replaced by the next working day.
The delivery time abroad is a maximum of fourteen working days. The delivery period begins on the day after the payment order is issued to the transferring credit institution and ends on the following twelfth working day. If the last day of the deadline falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, such a day will be replaced by the next working day.
8. Payment
Payment is made within Germany, at the buyer's choice, by direct bank transfer, by SEPA direct debit, by VISA, by MasterCard, by Paypal, by purchase on account via Klarna, by installment purchase via Klarna, by credit card purchase via Paypal or all other payment methods offered in the shop. The same payment options are available for deliveries abroad.
If you pay in advance, you will receive the payment details in a separate message. Payment must be received by us within 8 days of receipt of this notification.
If you choose Paypal as your payment method, please follow the payment instructions after completing the order. PayPal is the online payment service that allows you to pay for your purchases quickly and easily. Please find out more about opening an account with PayPal online at: www.paypal.de. As soon as payment has been posted, we deliver the goods taking into account the stated delivery times.
If you choose the Klarna payment method, please follow the payment instructions after completing the order. With installment purchase via Klarna, you decide for yourself every month how much you want to pay. You always get your goods home before you have to pay for them, and all your purchases are consolidated into just one monthly invoice. Of course, this applies to all online shops where you shop with installment purchase. Please note that the minimum monthly payment for all purchases together, but also for a single purchase, is always 1/24 of the total amount, but always at least €6.95.
• You always receive the goods before you have paid
• Pay at least €6.95 /month or 1/24 of the total
• You don't have to provide a credit card number or bank details
• All your purchases are collected on one monthly bill
• Shop now – pay at the end of next month
• Monthly installment purchase fee of €0.45, regardless of the number of purchases you make
• You can pay the total amount at any time and thus end the installment purchase
For a purchase of €500 under the basic installment purchase conditions, the setup fee is €0. The applicable interest rate is 11.95%, which corresponds to an effective annual interest rate of 14.79% with a monthly installment purchase fee of €0.45. The total amount is €538.35. For 12 partial payments, each partial amount is €44.86. This example assumes that the payment is made within one year. The effective annual interest rate can be either lower or higher and depends on the amount of the loan granted to you by Klarna. The monthly payment is due upon receipt of the monthly invoice.
Would you like to shop today and only pay in 2 months? It's that simple: When completing your order, select the “Pay in 2 months” option. The purchase price is due at the earliest 2 months after purchase. We will send you an invoice with the payment deadline.
Applicable fees:
• €0.29 for an order value of €10.00 to €13.99
• €0.39 for an order value of €14.00 to €19.99
• €0.59 for an order value of €20.00 to €24.99
• €0.69 for an order value of €25.00 to €29.99
• €0.79 for orders between €30.00 and €34.99
• €0.99 for orders between €35.00 and €49.99
• €1.39 for orders between €50.00 and €69.99
• €1.59 for orders between €70.00 and €109.99
• €2.99 for orders between €110.00 and €159.99
• €3.99 for orders between €160.00 and €199.99
To take advantage of the offer, please order at least €10.00 but no more than €199.99.
The total loan amount and the APR are €10.29 or 11.76% for a purchase of €10 if the entire amount is repaid after 3 months, and for a purchase of €14 it is €14.39 or 11.30%. , for a purchase of 20 € 20.59 € or 11.96%, for a purchase of 25 € 25.69 € or 11.19%, for a purchase of 30 € 30.79 € or 10.68 %, with a purchase of €35 €35.99 or 11.47%, with a purchase of €50 €51.39 or 11.27%, with a purchase of €70 €71.59 or 9, 21%, for a purchase of €110 €112.99 or 11.02%, and for a purchase of €160 €163.99 or 10.11%. The effective annual interest rate can be either lower or higher and depends on the amount of the loan granted by Klarna and the term.
Pay in 2 months is a promotional condition of Klarna installment purchase. If you do not pay for your purchase in full at the specified time, the conditions for flexible rates will automatically come into effect. You can then conveniently pay off your purchase in monthly installments.
If your purchase exceeds an amount of €199.99 for the first time, a valid agreement for an installment purchase is only available once you have signed an installment purchase agreement. The installment purchase contract will be sent to you by Klarna. You can sign the contract and convert your purchase into an installment purchase or pay the entire purchase price by the specified due date. The due date for this payment is 14 days from the dispatch of the goods, tickets or, in the case of other services, the time of availability of the services or digital content. If you are in default of payment, Klarna can demand compensation for the damage caused in the amount of €1.20 for each reminder. You are entitled to prove that Klarna suffered no or only minor damage.
Klarna checks and evaluates your data and, if there is a legitimate interest and reason, exchanges data with other companies and credit reporting agencies. If a customer's creditworthiness is not guaranteed, Klarna can then refuse the customer the payment method of installment purchase and must point out alternative payment options.
Klarna processes your personal data to comply with our obligations under this Agreement and for the additional purposes set out in our Privacy Policy. The data protection declaration is here and available on our website, and by using Klarna services, you acknowledge that you have read this privacy policy. For example, we process your personal data to identify you and perform customer analysis, creditworthiness, marketing and business development. We may also make your data available to selected third parties (e.g. credit reference agencies) who may also be based outside the EU/EEA. In the Privacy Policy you will find further information about sharing data, your rights in relation to your data, how to contact us if you have any questions or how to lodge a complaint with your national supervisory authority.
You can find the terms and conditions here.here.
Information on the installment purchase agreement in the form of the European standard information for consumer credit can be found here.here. This information download.
9. Retention of title
The goods remain our property until full payment has been made.
10. Warranty
The limitation period for statutory claims for defects is two years, and one year for deliveries to entrepreneurs. The deadline begins on the date of delivery, i.e. receipt of the item by the buyer.
This does not affect any claims for damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by the seller or his legal representatives or vicarious agents, as well as claims for other damages due to intentional or grossly negligent breach of duty on the part of the seller , its legal representative or vicarious agent.
Furthermore, the statutory provisions on liability for defects apply to all goods we offer.
11. Final provisions
The law of the Federal Republic of Germany applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods, unless the protection granted by mandatory provisions of the law of the country in which the customer, who is a consumer, has his habitual residence is withdrawn.
For contracts with merchants, i.e. customers who operate a commercial business or who are classified as merchants in the HGB for other legal reasons, as well as with legal entities under public law, Bonn is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
Online dispute resolution in accordance with Article 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ find.
Delivery, rental and construction of photo walls
Preamble:
The one belown Terms and conditions apply to all rental agreements with Martin & Meyer GbR, Schneidhausen 5B, 52372 Kreuzau (hereinafter referred to as “NELLIFLOWER”). If the customer is a merchant within the meaning of the German Commercial Code (HGB), they also apply to all future business relationships, even if they are not expressly agreed again. The type and scope of the service owed is agreed in a separate contract.
Deviations from these terms and conditions are only effective if NELLIFLOWER does so in writingconfirmed.
NELLIFLOWER employees are not authorized to make verbal additional agreements or to give verbal assurances that go beyond the content of the respective contract, including these terms and conditions.
1. Subject of the contract / conclusionn of the contract
1.1 The subject of the contract is the provision of flower walls for a specific period of time on the customer's premises. Unless otherwise agreed, the rental period is one day.
1.2 The customer can find out about the motifs and prices of the flower walls via the NELLIFLOWER website. After sending an inquiry via the website or a telephone, written or email inquiry, the customer receives a binding offer from NELLIFLOWER for the desired wall. When the customer confirms this offer, a binding rental agreement is concluded between the parties.
1.3 Minor deviations in size as well as changes in the representation, color and/or pattern of the ordered wall are reserved, provided that this does not diminish the original impression of the wall.
2. Duties and obligations of the customer
2.1 The customer undertakes to ensure that the flower wall is delivered and set up in a timely manner
a) access to the premises is possible for NELLIFLOWER and/or its agents at the agreed delivery time and the necessary access routes to the premises are kept clear,
b) construction at the agreed location is possible for NELLIFLOWER and/or its representatives and all possibly necessary preparatory work has been completed,
c) the installation location is chosen so that the flower wall does not pose an obstruction to people and does not block passageways or emergency exits
d) the installation location is protected from the weather and the flower wall is protected from moisture, excessive sunlight and frost.
2.2 The customer must also ensure that NELLIFLOWER can carry out the necessary construction work unhindered and safely. Special features of the installation location must be stated in writing when the contract is concluded.
2.3 The agreed structure does not oblige NELLIFLOWER to prepare a roadworthy installation. The customer is responsible for ensuring that the flower wall can be set up in a traffic-safe manner. The obligation to ensure traffic safety during the rental period is solely the responsibility of the customer. If the installation location turns out to be unsuitable, or if the location of the installation results in damage to the rental property or other items, the customer alone is liable for this.
3. Rental conditions
3.1 The rental conditions, in particular the rental period and the rental conditions, result from the respective order.
3.2 Cancellation of a rental order is only possible in writing free of charge up to 14 days before the delivery date. If you cancel less than 14 days before the delivery date, a cancellation fee of 50% of the agreed rental price will apply. If you cancel less than seven days before the delivery date, the cancellation fee is 100% of the agreed rental price. The customer reserves the right to prove that the NELLIFLOWER suffered no or lesser damage.
3.3 The rental agreement begins when the flower wall is handed over to the customer and ends at the end of the rental period agreed in the contract. If the customer keeps the flower wall with him after the end of the rental agreement and it is not returned or picked up by NELLIFLOWER as agreed, or if the customer prevents NELLIFLOWER from collecting it as agreed, the rental agreement is tacitly extended under the originally agreed conditions for an indefinite period of time until that date the return of the flower wall to NELLIFLOWER or the time of the agreed collection of the flower wall by NELLIFLOWER.
3.4 NELLIFLOWER does not insure the flower wall against damage or loss unless this is expressly agreed in the individual contract. The customer is recommended to take out liability insurance with sufficient coverage for his event.
3.5 The customer bears the risk of supervision, damage and loss from the beginning of the rental agreement. This also applies in the event of force majeure. Attaching or sticking objects to the flower wall is prohibited.
3.6 The customer is not entitled to move the flower wall to another location not agreed upon. Before changing the location, the customer is obliged to obtain the written consent of NELLIFLOWER. Releasing or subletting the flower wall is not permitted without the written consent of NELLIFLOWER.
3.7 The flower wall must be returned in a tidy, usable condition. The cleaning and removal of dirt or other attached foreign bodies is carried out by the customer. If cleaning and/or removal of foreign bodies by NELLIFLOWER becomes necessary because the customer did not do this or did it insufficiently, the customer will be invoiced for this work separately based on the time and effort involved. Dirt that can no longer be removed from the flower wall will be viewed as damage and will be invoiced to the customer separately.
3.8 The customer must ensure that the flower wall is accessible at the agreed time of collection.
4. Payment / Withdrawal
4.1 Invoices from NELLIFLOWER are due for payment without deductions within seven days.
4.2 Rental payments must be made for the entire rental period before the start of the rental period, unless otherwise agreed.
4.3 If the customer violates essential obligations under the rental agreement and does not stop this violation of the contract even after a corresponding warning from NELLIFLOWER or continues this violation of the contract, NELLIFLOWER is entitled to terminate the rental agreement immediately without notice.
If insolvency proceedings are opened against the customer's assets, the opening is rejected due to lack of assets, the customer ceases operations, liquidation is applied for or if an application to open insolvency proceedings is submitted to the competent court, NELLIFLOWER is always entitled to terminate the rental agreement without further notice Threat to terminate extraordinary and with immediate effect. The customer must inform an appointed insolvency administrator of NELLIFLOWER's right of separation and ownership and ensure that the flower wall can be picked up by NELLIFLOWER without hindrance.
The right to termination without notice remains unaffected.
4.4 An early return of the flower wall does not entitle the customer to a reduction in the agreed rental price or to a refund of rent already paid.
5.1 Retention of title
5.1 NELLIFLOWER always remains the owner of the flower wall, even if the customer equips it with goods from other suppliers.
5.2 The customer is obliged to always treat the flower wall with care during the rental period. The customer is further obliged to immediately notify NELLIFLOWER of any access by third parties to the flower wall, for example in the event of a seizure, as well as of any damage or destruction.
6. Delivery conditions
6.1 NELLIFLOWER delivers the flower wall to the address specified by the customer. If the address turns out to be incorrect, the additional costs incurred will be borne by the customer. All delivery costs incurred are listed in the individual contract and are shown separately on the invoice. Delivery dates are only binding if they have been confirmed in writing by NELLIFLOWER as fixed dates.
6.2 If there is a binding delivery time ahas been specified or agreed and, contrary to NELLIFLOWER's expectations, this cannot be met, NELLIFLOWER will immediately inform the customer of the delivery delay. As far as NELLIFLOWER is aware of this, the customer will be informed of the new delivery date in this information. If the delivery delay is due to a circumstance for which NELLIFLOWER is responsible, the customer is free to wait for the goods or cancel the order. In the event of a cancellation, any consideration already provided will be refunded immediately. Claims for damages by the customer are excluded unless there is intent or gross negligence on the part of NELLIFLOWER or its representatives or vicarious agents. Force majeure, strikes or inability through no fault of NELLIFLOWER as well as unfavorable weather conditions do not constitute a reason for which NELLIFLOWER is responsible within the meaning of the previous paragraph and extend the delivery period by the duration of the hindrance.
7. Warranty
7.1 The customer may not enforce a rent reduction by deducting the agreed rent. Corresponding enrichment or compensation claims remain unaffected.
7.2 The customer's right of termination due to non-granting of use in accordance with Section 543 Paragraph 2 Sentence 1 No. 1 BGB is excluded unless the repair or replacement delivery is deemed to have failed.
7.3 When the goods are handed over, the customer must check that they are in proper condition. Possible defects must be recorded immediately in writing. After installation, the customer must immediately check that the flower wall and the structure are in proper condition and report any defects in writing within 24 hours. Later complaints about defects are excluded.
7.4 Warranty claims are limited to the subsequent performance of the defective service as such and do not include compensation for consequential damage, removal and installation costs as well as costs in connection with the installation or commissioning of items delivered by way of subsequent performance.
8th. Liability
8.1 NELLIFLOWER's liability, regardless of fault, for errors that already existed when the contract was concluded in accordance with Section 536 a Paragraph 1 of the German Civil Code (BGB) is expressly excluded.
8.2 Otherwise, the following provisions apply: NELLIFLOWER is fully liable in accordance with the statutory provisions only for damage to life, body and health that is based on a negligent or intentional breach of duty by NELLIFLOWER, its legal representatives or vicarious agents, as well as for damage that is outside of liability according to the Product Liability Act. NELLIFLOWER is liable in accordance with the statutory provisions for damages that are not covered by sentence 1 and that are based on intentional or grossly negligent breaches of contract as well as fraudulent behavior on the part of NELLIFLOWER, its legal representatives or their vicarious agents. NELLIFLOWER is liable for damage caused by simple negligence only to the extent that the resulting damage is based on the violation of rights that are to be granted to the customer according to the content and purpose of the respective contract and/or to the extent that the resulting damage is based on the violation are based on obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly trusts and can rely (cardinal obligations). Any further liability is excluded regardless of the legal nature of the asserted claim.
9. Data protection
9.1 We observe the rules of data protection laws and take the protection of personal data seriously, also in the interests of the customer. We only use personal data to process the order with the customer. All customer data is stored and processed by us in compliance with the relevant provisions of the Federal Data Protection Act (BDSG), the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature.
9.2 We generally only collect and use personal data from our customers and business partners to the extent that this is necessary to fulfill the contract. The collection and use of personal data regularly only takes place with the consent of the person concerned. An exception applies in cases in which obtaining prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.
9.3 To the extent that we obtain the consent of the data subject for processing personal data, Article 6 Paragraph 1 Letter a of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
When processing personal data that is necessary to fulfill a contract to which the data subject is a party, Art. 6 Para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
If the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Article 6 Paragraph 1 Letter c GDPR serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 Para. 1 lit. f GDPR serves as the legal basis for the processing.
9.4 We do not pass on the personal data of our customers and business partners, including name, address and email address, to third parties without the express consent of the person concerned, which can be revoked at any time. This does not apply to the transfer of data to service partners who require the transmission of customer data to process the order.
9.5 We will delete or block the personal data of the person concerned as soon as the purpose of storage no longer applies. Storage can also take place if this has been provided for by European or national legislators in EU regulations, laws or other provisions. The data will also be blocked or deleted if a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data to conclude or fulfill a contract.
9.6 As a person affected by the collection or storage of personal data, you have the right at any time to free information about the data stored about you, its origin and recipient, the right to correction, blocking or deletion and restriction of processing of data Data portability, the right to object, the right to revoke consent given and the right to complain to a supervisory authority. You can find a detailed list of the claims to which you are entitled in our data protection policy at https://www.nelliflower.de/datenschutzerklaerung/
10. Fulfillment and jurisdiction
10.1 The law of the Federal Republic of Germany applies exclusively. The application of UN Convention on Contracts for the International Sale of Goods is expressly excluded.
10.2 If the customer is a merchant, the place of jurisdiction for all legal disputes between the parties is the registered office of NELLIFLOWER.
10.3 The assignment of rights and obligations by the customer to a third party requires the written consent of NELLIFLOWER.
11. Final provisions; Severability clause
11.1 These General Terms and Conditions, together with the rental agreement concluded between the parties, form the entire contractual agreement. In the event of any conflict between these General Terms and Conditions and the provisions of a rental agreement, the provisions of the respective rental agreement take precedence.
11.2 The customer's general terms and conditions that contradict these provisions are not valid. Their validity is expressly excluded by the contractual partners.
11.3 Should one or more provisions of these terms and conditions be or become ineffective or void, or should there be a gap in these terms and conditions, this will not affect the effectiveness or validity of the remaining provisions.