This English version is a courtesy translation. Only the German version is legally binding.
§ 1 Scope
Deliveries, services and offers made by Blumen Elsdörfer through the online shop are provided exclusively on the basis of the following terms and conditions.
§ 2 Contracting party
Your contracting party is Paul Elsdörfer & Söhne GbR, Fröttmaningerstr. 2, 80805 München, Germany.
§ 3 Prices
All prices stated on the website are gross prices including statutory VAT. Delivery costs are not included.
§ 4 Pictures
The pictures shown are examples. As our products are individual and handmade, the delivered product may differ slightly. The overall character is retained.
If a flower is not available, we reserve the right to replace it with a similar flower customary in the trade. Its monetary value will be at least equivalent or higher.
§ 5 Offer & conclusion of contract
The presentation of the products constitutes a non-binding catalogue, not a legally binding offer. By completing the ordering process you submit a legally binding offer, which is accepted by a confirmation e-mail from Blumen Elsdörfer. The purchase contract is thereby concluded.
§ 6 Retention of title
The goods remain the property of Blumen Elsdörfer until the purchase price has been paid in full.
§ 7 Terms of payment
The purchase price plus any delivery costs is due upon ordering without deduction of any discount. Payment is only deemed to have been made once the amount has been received by Blumen Elsdörfer. The available payment methods are shown during the ordering process and on our Payment page. We reserve the right to exclude payment methods in individual cases.
§ 8 Vouchers
Vouchers cannot be combined, i.e. only one voucher can be used per order.
§ 9 Delivery terms
Deliveries are made during business hours:
Mon – Fri: 8:30 am – 5:00 pm
Saturday: 8:30 am – 3:00 pm
Other times are only possible by arrangement and at extra charge.
Orders via the online shop are possible for the following day at the earliest; delivery or pick-up on the day of ordering is not possible.
The ordered goods will be delivered by Blumen Elsdörfer on the agreed day. The buyer undertakes to accept the goods or to arrange for their acceptance.
If these conditions are not met, Blumen Elsdörfer is entitled to hand the goods over to a third party it considers suitable or to deposit them at a place it considers suitable. The customer is responsible for the completeness and accuracy of the delivery details provided. In the event of errors, the customer bears the costs resulting from second or third deliveries. The liability of Blumen Elsdörfer is governed by § 11.
On special occasions such as Valentine's Day, Mother's Day and Christmas, orders can only be accepted up to 5 days before the delivery date. Furthermore, Blumen Elsdörfer may carry out the delivery one day before the requested date.
§ 10 Right of withdrawal
(1) There is no right of withdrawal for contracts for the supply of goods that are liable to deteriorate rapidly or whose expiry date would be exceeded quickly (Section 312g (2) No. 2 German Civil Code, BGB). This includes in particular bouquets, wreaths, arrangements and other compositions made of fresh cut flowers.
(2) Furthermore, there is no right of withdrawal for contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or which are clearly tailored to the consumer's personal needs (Section 312g (2) No. 1 BGB). This includes in particular items made according to a template provided by the customer, such as a photo, and goods with a personal inscription, e.g. wreath ribbons with individual text.
(3) Where a statutory right of withdrawal exists for ordered goods, the provisions of our cancellation policy apply.
§ 11 Warranty and liability
Upon handover of the goods, the risk of accidental loss and accidental deterioration passes to the buyer. Handover is deemed equivalent if the buyer is in default of acceptance.
If the delivered goods are defective, the buyer may, at their choice, demand subsequent performance in the form of remedying the defect (rectification) or the delivery of goods free of defects (replacement). Blumen Elsdörfer may refuse the type of subsequent performance chosen by the buyer if it is only possible at disproportionate cost. In this case the buyer's claim is limited to the other type of subsequent performance. The right of Blumen Elsdörfer to refuse this as well, if it is only possible at disproportionate cost, remains unaffected.
We are liable without limitation for intent and gross negligence and for damage resulting from injury to life, body or health based on a negligent breach of duty by us or an intentional or negligent breach of duty by a legal representative or vicarious agent. In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the fulfilment of which makes the proper performance of the contract possible in the first place and on whose observance you as a customer may regularly rely, our liability is limited to the typical, foreseeable damage. Otherwise, liability for slight negligence is excluded. Liability under the German Product Liability Act remains unaffected.
Blumen Elsdörfer reserves the right not to accept offers if, on the basis of previous orders, there is reason to suspect that the customer will not fulfil their contractual obligations. The same applies if the offer came about due to typing or calculation errors on the part of Blumen Elsdörfer.
§ 12 Service
For questions and complaints, you can reach us during business hours on +49 89 36 59 47, by e-mail to blumen@elsdoerfer.com or directly in our shop.
§ 13 Data protection
Information on the collection, processing and use of your personal data can be found in our separate privacy policy.
§ 14 Severability clause
Should individual sections of these general terms and conditions be invalid or lose their validity due to a later circumstance, the validity of the other sections remains unaffected.
§ 15 Contract language
The contract language is German. Translations of these general terms and conditions and of our other legal texts into other languages are for information purposes only; the German version is authoritative.