General terms and conditions and cancellation policy for the online shop bella-balla.de
(1) These terms and conditions apply to all contracts, deliveries and other services of Zhen Wu, Ostpreussendamm 151, 12207 Berlin, Telephone (030) 890 432 60, E-Mail [email protected] (hereinafter: “Seller” ), concerning the Onlineshop (link www.bella-calla.de) and all domain subdomains. Deviating regulations of the customers do not apply, unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority.
(2) The business relations between the seller and the customer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN purchasing law is excluded.
(3) The contract language is German.
(4) Jurisdiction is Berlin, as far as the customer is a merchant or a legal entity under public law or public law special fund. The same applies if a customer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the complaint is filed.
(5) We ship to the following countries: Germany.
(6) The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform can be reached at (external link http://ec.europa.eu/consumers/odr/).
(7) We endeavor to settle any disagreements arising from our contract by mutual agreement. In addition, we are not obligated to participate in a conciliation procedure and unfortunately can not offer you participation in such a procedure.
§ 2 Contract contents and conclusion of contract
(1) The seller offers the customers in the online shop (link www.bella-calla.de) new goods, especially bouquets, packages, arrangements, for sale.
(2) Flowers are seasonal and natural products. The boxes and baskets are manufactured by suppliers in manual labor and small series. Against this background deviations from the presentations and illustrations are unavoidable, in particular the photos are therefore only to be understood as examples. Of course we make every effort to stay as close as possible to the presented template.
(3) By clicking on the button “Order for payment” the customer makes a binding contract offer. The customer is bound by this offer until the expiry of the third calendar day following the click on the “Order Paid” button.
(4) After placing his order, the customer first receives an automated e-mail with the message that his order has been received by the seller. This e-mail does not represent a contract acceptance, but serves only the information of the customer over the entrance of the order.
(5) The contract is accepted by a separate express confirmation of the seller by e-mail.
(6) The content of the contract is stored by the seller and communicated to the customer in the confirmation e-mail. Registered customers can access the content of the contract after logging into the customer area.
§ 3 Prices, shipping costs, VAT and payment
(1) For orders via the online shop, the prices stated there apply. All prices include the legal VAT.
(2) The prices are plus shipping and packaging costs, which will be announced to the customer before placing the order. The amount of shipping costs depends on the weight and dimensions of the goods as well as the desired destination (Link https://www.bella-calla.de/liefergebiet).
(3) In the online shop, the customer will be notified of the payment options.
(5) The billing is done by e-mail, unless otherwise expressly agreed.
§ 4 Delivery and transfer of risk
(1) The delivery takes place exclusively in the specified delivery area (Link www.bella-calla.de/liefergebiet), unless the seller expressly agrees to a delivery outside the delivery area.
(2) The seller endeavors to deliver the goods at the desired delivery time window, but only the delivery to the customer or the agreed alternative delivery address on the agreed delivery date in the time between 10:00 and 19:00 shall be decisive for the contractual fulfillment Clock.
(3) Unless expressly agreed otherwise, other persons found at the agreed delivery address who can be assumed under the circumstances to be entitled to accept the consignments may also be served.
(4) If no recipient is found under the agreed delivery address, it is also possible – without the seller being obliged to do so – to be delivered to direct neighbors, unless the customer has expressly excluded this. The customer receives a notification of the delivery by inserting a corresponding message in his mailbox or by e-mail. The customer agrees that the recipient receives delivery information about the shipment.
(5) If a delivery can not be delivered on the agreed delivery day because the agreed delivery address has been incorrectly or incompletely stated by the customer or if no presumed person has been found at the agreed delivery address, the costs (link www.bellacalla.nvii-dev .de / delivery area) of a re-delivery ordered by the customer from the customer.
§ 5 Retention of title
(1) The delivered goods remain the property of the seller until all claims arising from the contract have been fulfilled. in the event that the customer is a legal person of public law, a public special estate or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond the current business relationship until the settlement of all claims related to the seller to be entitled to the contract.
§ 6 Right of retention
(1) The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 7 Liability for material and legal defects
(1) The seller shall be liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB.
§ 8 Limitations of liability
(1) The liability of the seller for damages, for whatever legal reason (in particular in case of delay, defects or other obligations), is limited to the contractually typical, foreseeable damage.
(2) The above limitation of liability does not apply to the liability of the seller for intentional behavior or gross negligence, for guaranteed characteristics, for injury to life, body or health or according to the Proukthaftungsgesetz.
§ 9 Other
(1) The place of jurisdiction is Berlin, as far as the customer is a merchant or a legal entity under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the complaint is filed.
(2) Severability clause: Should provisions of these General Terms and Conditions be ineffective, the validity of the remaining provisions shall not be affected thereby.
(1) Without prejudice to the statutory right of withdrawal and the following cancellation policy, the customer has the right to cancel the order before 24:00 clock of the day before the agreed delivery day free of charge.