Applicability and definitions
(1) The following general terms and conditions apply to all services between The A+ M Everlasting Design GmbH, Rheinberger Straße 84a, 47495 Rheinberg, entered in the commercial reigster (‘Handelsregister’) Düsseldorf under the number HRB 80612 and represented by its managing director Maximilian Hajdinjak („Friendly Flowers “) and a consumer in their current version as of the time of the order.
(2) A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (§ 13 BGB).
Conclusion of a contract, filing of contract text
(1) The following rules on the conclusion of contract apply to orders and services via our websites:
(2) The subject-matter of the contract is the selling of products.
(3) In case of conclusion of a contract, the contract is entered into with
A+ M Everlasting Design GmbH
Rheinberger Straße 84a
(4) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
(5) The purchase agreement takes place via the online shopping cart system as follows: The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofortbanking) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider. If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction. By clicking the "purchase” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(6) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(7) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
Individually designed products
(1) You provide us with the appropriate information, text or data necessary to customise the goods via the online ordering system or via E-mail without undue delay after concluding the contract. Any potential specifications that we may issue regarding file formats are to be borne in mind.
(2) You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following additions apply: a) We reserve the ownership of the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted. b) You can resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves. c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing. d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
(1) The statutory warranty rights exist.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the forwarder of any complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
(3) Insofar as you are an entrepreneur, contrary to the above warranty regulations: a) As a condition of the thing are only our own information and the product description of the manufacturer as agreed, but not other advertising, public charges and statements of the manufacturer. b) In the case of defects, we provide warranty at our discretion through repair or subsequent delivery. If the defect elimination fails, you can request a reduction or withdraw from the contract. The elimination of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or the other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods. c) The warranty period is one year from the delivery of the goods. The reduction in time does not apply: - culpably caused damages for injury to life, limb or health and for intentional or grossly negligent other damages; - as far as we have fraudulently concealed the defect or have taken over a guarantee for the condition of the thing; - in the case of items that have been used for a structure in accordance with their normal use and have caused its defectiveness; - in the case of legal recourse claims that you have against us in connection with warranty rights.
Copyright and intellectual property
(1) All information and services provided on the websites http://www.friendly-flowers.com, http://www.friendly-flowers.co.uk and http://www.friendly-flowers.de are protected by copyright. Any copying is only allowed with the explicit prior consent in writing or text form by Friendly Flowers or the relevant copyright owner.
(1) Contract languages are German and English.
(2) If during the contract term or thereafter any ambiguities, doubts or differences of opinion or similar arise in connection with the legal interpretation or application of these terms and conditions, the German version of these general terms and conditions shall prevail in case of doubt.
Changes of the general terms and conditions
(1) Friendly Flowers retains the right to modify these general terms and conditions in justified cases. Friendly Flowers will publish the amended general terms and conditions at least 8 days prior to entering into force on our websites http://www.friendly-flowers.com, http://www.friendly-flowers.co.uk and http://www.friendly-flowers.de
(2) An amendment of the general terms and conditions shall only be made on shorter notice if any errors are corrected, the amendment is beneficial to the consumer or the amendment is required by statutory law.
Dispute resolution, place of jurisdiction
(1) For any disputes in relation to these general terms and conditions German law shall apply. In case of a dispute the parties shall aim to reach an amicable resolution. If this fails, the place of jurisdiction provided by statutory law applies for any court proceedings.
(2) For any issues not covered by these general terms and conditions the relevant German statutory law applies, in particular the Bürgerliche Gesetzbuch (BGB).
(3) In relation to consumers this choice of law only applies to the extent that the level of protection provided by statutory law of the jurisdiction in which the consumer has its common domicile is not violated.
(1) Any declarations and other agreements shall be made in text form only in order to be valid. The parties acknowledge that for complying with the text form the submission via e-mail is sufficient.
(2) Complaints must be made in text form to
A + M Everlasting Design GmbH
Rheinberger Straße 84a
or via E-Mail at
(3) With your order, you as the customer confirm that you have read the general terms and conditions, have fully understood the content and will fully comply with these terms and conditions and further will accept the data protection clauses as well as consent to the processing of your personal data you have provided at the booking.
Applicability of these general terms and conditions
In the event that a provision or parts of a provision of these Terms is/are ineffective, all other provisions or parts of the provision remain unaffected therefrom.
These general terms and conditions shall enter into force from 1. December 2018 and shall apply until revocation or any amendment thereto.
The European Commission provides a platform for online dispute resolution (ODR). You can reach this platform on http://ec.europa.eu/consumers/odr/.