General terms and conditions and cancellation policy Bella Calla GmbH
(1) These terms and conditions apply to all contracts, deliveries and other services by Bella Calla GmbH, Ostpreussendamm 151, 12207 Berlin, phone (030) 890 432 60, email [email protected] (hereinafter: “Seller”), regarding the Online shop (link www.bella-calla.de) and all sub-domains belonging to the domain. 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 relationships between the seller and the customer are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The validity of UN purchasing law is excluded.
(3) The contract language is German.
(4) The place of jurisdiction is Berlin if the customer is a merchant or a legal entity under public law or special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or the place of residence or habitual residence is not known at the time the action is brought.
(5) We deliver 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 try to settle any differences of opinion arising from our contract amicably. In addition, we are not obliged to participate in an arbitration procedure and unfortunately we cannot offer you participation in such a procedure.
§ 2 Contract content and conclusion of contract
(1) The seller offers the customer in the online shop (link www.bella-calla.de) new goods, especially bouquets, bouquets and arrangements, for sale.
(2) Flowers are seasonal and natural products. The boxes and baskets are made by hand and small series by suppliers. Against this background, deviations from the presentations and illustrations are unavoidable; the photos in particular are therefore only intended to be exemplary. Of course, we will do our best to stay as close as possible to the template shown.
(3) By clicking on the “Order with obligation to pay” button, the customer submits a binding contract offer. The customer is bound to this offer until the end of the third calendar day following the click on the button “Order subject to payment”.
(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 yet represent an acceptance of the contract, but only serves to inform the customer about the receipt of the order.
(5) The contract is accepted through a separate, express confirmation by the seller via email.
(6) The content of the contract is saved by the seller and communicated to the customer in the confirmation email. Registered customers can access the contract content after logging in in the customer area.
§ 3 Prices, shipping costs, sales tax and payment
(1) The prices stated there apply to orders via the online shop. All prices include the legal VAT.
(2) The prices do not include shipping and packaging costs, which the customer will be informed of before the order is placed. The amount of the shipping costs depends on the weight and dimensions of the goods as well as the desired destination (link https://www.bella-calla.de/ delivery-zone).
(3) The customer is informed of the payment options in the online shop.
(5) The invoice is issued by email, unless otherwise expressly agreed.
§ 4 Delivery and transfer of risk
(1) Delivery takes place exclusively in the specified delivery area (link www.bella-calla.de/ Liefergebiet), unless the seller expressly agrees to delivery outside the delivery area in writing.
(2) The seller endeavors to deliver the goods in the desired delivery time window, but only delivery to the customer or the agreed different delivery address on the agreed delivery date between 10:00 a.m. and 7:00 p.m. is decisive for fulfillment in accordance with the contract.
(3) Unless expressly agreed otherwise, deliveries can also be made to other persons found at the agreed delivery address who, under the circumstances, can be assumed to be entitled to accept the shipments.
(4) If no recipient is found at the agreed delivery address, deliveries can also be made to direct neighbors – without the seller being obliged to do so – unless the customer has expressly excluded this. The customer receives notification of the delivery by dropping 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 cannot be delivered on the agreed delivery day because the agreed delivery address was incorrectly or incompletely given by the customer or no person presumably authorized to accept it was found at the agreed delivery address, the costs are (link www.bella-calla.de/ Liefergebiet) a new delivery commissioned by the customer to be borne by the customer.
§ 5 Retention of title
(1) The delivered goods remain the property of the seller until all claims from the contract have been met; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the ongoing business relationship until all claims that the seller in connection with are entitled to the contract.
§ 6 Right of retention
(1) The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 7 Liability for material and legal defects
(1) The seller is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
§ 8 Limitations of Liability
(1) The seller’s liability for damages, regardless of the legal reason (in particular in the event of delay, defects or other obligations), is limited to the foreseeable damage typical for the contract.
(2) The above limitation of liability does not apply to the seller’s liability for willful conduct or gross negligence, for guaranteed characteristics, for injury to life, limb or health or according to the product liability law.
§ 9 Others
(1) Berlin is agreed as the place of jurisdiction if 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 the place of residence or habitual residence is not known at the time the action is brought.
(2) Severability clause: Should provisions of these general terms and conditions be ineffective, the effectiveness of the remaining provisions will not be affected.