Photos & Elixirs de fleurs | Flower Photos & Essences | Helmut Maier

GTC - General Terms and Conditions

§ 1 Scope of application

All deliveries and services of Helmut Maier Blüten-Fotografie & Essenzen, hereinafter referred to as Seller, based on online orders via the Internet or other online services are subject to the General Terms and Conditions listed here. The Seller does not recognise any deviating terms and conditions of the Purchaser (hereinafter also referred to as Purchaser or Customer). Deviating and/or supplementary conditions require the express consent of the Seller as well as the written form; this also applies to a waiver of the written form requirement.

§ 2 Conclusion of contract and delivery reservation
By clicking the "Submit Order" button, the customer submits a binding order for the goods clicked on in the respective order form. Confirmation of receipt of the order is given in the form of the displayed message that the order form has been successfully sent. The purchase contract shall only be concluded upon dispatch of the subsequent invoice or delivery of the goods by the seller. The text of the contract is stored. For security reasons, the specific order data cannot be retrieved via the Internet and will be treated confidentially in accordance with our data protection regulations. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail, post or online contact form. If, for unforeseeable reasons, the ordered goods cannot be delivered, the customer will be informed immediately that the ordered goods are not available. Any purchase price already paid will be refunded immediately. In the event of delays in delivery, the seller will inform the orderer immediately.

The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer submits the offer and ends with the expiry of the fifth day following the submission of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

§ 3 Right of Revocation
Consumers are generally entitled to a right of revocation. Further information on the right of revocation can be found in the Seller's revocation instructions under the link Revocation

§ 4 Prices & Terms of Payment
All prices quoted include the currently applicable statutory VAT (19% or 7%), any delivery and shipping costs incurred are stated separately in the respective product description. Deliveries to countries outside the European Union and Switzerland are export deliveries according to § 6, para. 1 no. 1 UStG, which are tax-free according to § 4 no. 1a UStG. The respective price lists for Germany & the EU and for Switzerland and also the shipping costs can be found under the link Prices & Shipping and Prices & Shipping CH.

In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

The payment options are displayed to the customer for selection in the order forms on the Seller's website. Invoices of the seller are due immediately and payable without any deduction. The customer can pay the purchase price in advance by bank transfer, by bank transfer or by direct debit.

If Prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract and sending of the invoice by e-mail, unless a later due date has been agreed.

If Bank Transfer is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price is payable without deduction upon receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer immediately.

If SEPA Direct Debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the expiry of the deadline for the advance information for payment in the invoice. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the expiry of the deadline for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this. The fees charged by the bank usually amount to 5.50€, the exact amount will be communicated by e-mail.

§ 5 Delivery and shipping conditions
The delivery of goods shall be made by dispatch to the invoice address or delivery address specified by the customer, unless otherwise agreed.
If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In the event of an effective exercise of the right of revocation by the customer, the provision made in the Seller's revocation instructions shall apply to the costs of returning the goods.
The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
In the case of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer may collect the goods from the seller's registered office by arrangement with the seller. In this case, no shipping costs will be charged.

§ 6 Reservation of ownership
The delivered goods shall remain the property of the seller until payment has been made in full. The reservation of ownership shall also remain in force for all claims which the seller subsequently acquires against the buyer in connection with the object of purchase, e.g. due to subsequent improvements as well as other services. For the duration of the reservation of ownership, the customer shall be entitled to possession and contractual use of the object of purchase as long as he meets his obligations arising from the reservation of ownership and his obligations arising from the business relationship in due time. The customer is obliged to provide the seller with all information required in the context of a pursuit of rights arising from the agreed reservation of ownership.

§ 7 Complaints and liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
Complaints regarding the scope of delivery, material defects, incorrect deliveries and deviations in quantity must be made in writing by email, fax or letter without delay, but at the latest within one week of receipt of the goods, insofar as these can be determined by reasonable examination. The warranty period by the seller is three months from receipt of the goods. In the event of justified complaints, the Seller shall deliver shortfalls and, subject to exclusion, shall, at its discretion, exchange the goods, take them back or grant the Buyer a price reduction. If, in the event of exchange of the goods, the second replacement delivery is also defective, the buyer may, in the event of a not insignificant defect, withdraw from the contract, reduce the purchase price or claim damages. Unless otherwise stated below, any further claims of the Purchaser - irrespective of the legal grounds - are excluded. The Seller shall therefore not be liable for damage that has not occurred to the delivery item itself; in particular, the Seller shall not be liable for loss of profit or for any other financial loss suffered by the Purchaser. Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. The foregoing limitation of liability shall not apply if the cause of damage is based on intent or gross negligence or if personal injury is involved. Furthermore, it shall not apply if the Purchaser asserts claims under §§ 1, 4 of the Product Liability Act. Insofar as the Seller negligently breaches a material contractual obligation, the obligation to pay compensation for damage to property shall be limited to the typically occurring damage.

For laboratory reasons, photographic prints may be subject to deviations in colour tone, contrast and brightness, especially if the same flower motif is printed in different formats. (The larger the format, the softer or brighter or less contrasty the photo may appear). Likewise, the colour, contrast and brightness effect of the flower photos displayed on www.flowerenergies.com may differ from the actual photo due to different screen settings. For these reasons, flower photographs are generally excluded from exchange, unless other defects can be claimed. Any further warranty is excluded.

§ 8 Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
The Seller shall be liable for any legal reason without limitation
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
- on the basis of mandatory liability such as under the Product Liability Act.

If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the customer may regularly rely on.

Im Übrigen ist eine Haftung des Verkäufers ausgeschlossen. Vorstehende Haftungsregelungen gelten auch im Hinblick auf die Haftung des Verkäufers für seine Erfüllungsgehilfen und gesetzlichen Vertreter.

§ 9 Applicable law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

§ 10 Place of Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer's place of business.

§ 11 Alternative Dispute Resolution
 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

§ 12 Severability clause
If a clause should become ineffective, the remaining provisions shall remain effective. The invalid provision shall be replaced by a new provision which comes as close as possible in its economic effect to the invalid provision. Otherwise, the statutory provisions shall apply.