Terms of service

Provider:

SMITHERS-OASIS Germany GmbH
Heinrich-Büssing-Str. 5
D- 67269 Grünstadt
Telefon: 0800-8890988*** oder +49 6359 8004-23****
E-Mail address: online@oasisfloral.de

Managing Directors: Markus Schütze, Wolfgang Zipperer
Commercial Register: District Court Ludwigshafen HRB 31734
USt.-Id.Nr.: DE 148 422 563

 ***free of charge within Germany
****from abroad (subject to charge)

Table of Contents

1) Scope

2) Rules and information on the conclusion of the contract

3) Subject of the contract

4) Right of withdrawal

5) Exclusion and premature expiry of the right of withdrawal

6) Prices and Terms of Payment

7) Delivery and Shipping Terms

8) Retention of title

9) Liability for defects (warranty)

10) Redemption of promotional vouchers

11) Co-Branding

12) Liability and Code of Conduct

13) Governing Law

14) Place of jurisdiction

15) Dispute Resolution

16) Changes to the Agreement/T&Cs

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of SMITHERS-OASIS Germany GmbH (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

1.2 These T&Cs apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise in this respect .

1.3 For Germany, the following applies: According to § 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity .
For Austria, the following conditions apply: In the following conditions, "consumer" is to be understood as the "consumer" within the meaning of the Consumer Protection Act (KSchG) .

2) Rules and information on the conclusion of the contract

2.1 The purchase contract is concluded with SMITHERS-OASIS Germany GmbH. The products presented in the Seller's online shop do not constitute binding offers on the part of the Seller, but a non-binding online catalogue. This serves to make a binding offer by the customer .

2.2 The customer can first place the products in the shopping cart without obligation and correct his entries at any time before sending his binding order using the usual keyboard and mouse functions by using the correction aids provided and explained for this purpose in the order process or the magnification function of the browser. By clicking on the order button, the customer submits a binding offer for the goods contained in the shopping cart. The confirmation of receipt of his order will be sent by e-mail immediately after the order has been sen .

2.3  The seller can accept the customer's offer within two days,

•  by sending the customer a separate order confirmation by e-mail, whereby the receipt of the order confirmation by the customer is decisive in this respect, or
•  by asking the customer to pay after placing his order.
•  by executing the payment transaction through the seller's service provider or the selected payment service provider. The time of execution of the payment transaction depends on the payment method selected in each case (see under "Prices and payment terms")

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The confirmation of receipt of the order itself does not constitute acceptance of the offer. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the second day following the sending 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.

2.4 When submitting an offer via the seller's online order form, the text of the contract will be stored by the seller after the conclusion of the contract and sent to the customer in text form by e-mail after the order has been sent. This makes it possible for the customer to retrieve the contractual provisions when concluding the contract and to save them in a reproducible form. The seller does not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via his password-protected user account by entering the corresponding login data.

2.5 The German and English languages are available for the conclusion of the contract.

2.6 The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Subject of the contract

3.1 Produktbeschreibung

Reference is made to the validity of the respective product description as an essential part of the contract.

3.2 Produktbilder

Without prejudice to the statutory warranty rights, the Seller would like to draw the Customer's attention to the following special features. In case of uncertainty, the customer is asked to contact the seller:
Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actual product colors are possible.

4) Right of withdrawal

The customer is entitled to the statutory right of withdrawal.

Accordingly, the customer has the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which he or a third party named by him, who is not the carrier, has taken possession of the last goods.

In order to exercise the right of withdrawal, the customer must inform the seller (Smithers-Oasis Germany GmbH, Heinrich-Büssing-Str. 5, 67269 Grünstadt, Germany, online@oasisfloral.de, telephone: 0800 8890988 (free of charge within Germany) or +49 6359 8004-23 (subject to charge)) of his decision to withdraw from this contract by means of an unequivocal (e.g. by e-mail). The customer can use the attached model withdrawal form for this purpose, but this is not mandatory. Alternatively, the Customer may also fill in and submit their unique declaration electronically via the contact form on the Seller's website under https://online.oasisfloral.de/Shop-Service/Kontakt/.

If the customer makes use of this option, he will be sent a confirmation of receipt of such a revocation immediately (e.g. by e-mail).

In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If the Customer withdraws from this Agreement, the Seller shall repay all payments received from the Buyer, including the delivery costs (with the exception of the additional costs resulting from the fact that it has chosen a type of delivery other than the cheapest standard delivery offered by the Seller), without undue delay and at the latest within fourteen days from the day on which the notification of withdrawal from this Agreement was received by the Seller. The same means of payment used for the original transaction will be used for this repayment, unless expressly agreed otherwise with the buyer; in no case will the buyer be charged any fees for this repayment. The seller may refuse to refund until he has received the goods back or until the buyer has provided proof that he has returned the goods, whichever is the earlier.

The Buyer shall return or hand over the Goods to the Seller without undue delay and in any event no later than fourteen days from the day on which the Buyer informs the Seller of the withdrawal from this Agreement. The deadline is met if he sends the goods before the expiry of the period of fourteen days. The seller bears the costs of returning the goods. The buyer only has to pay for any loss in value of the goods if this loss of value is due to handling of them that is not necessary to check the nature, characteristics and functioning of the goods.

5) Exclusion and premature expiry of the right of withdrawal

The right of revocation does not apply to contracts

•   for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
•  if the order is placed from a country and the shipment is made to a country that is not a member state of the EU.

6) Prices and Terms of Payment

6.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include VAT. Business customers can see your specific net prices after logging in to the dealer. The statutory sales tax as well as any additional delivery and shipping costs incurred are stated separately in the respective product description.

6.2 The offered payment options are visible to the customer in the seller's online shop. In principle, the following payment methods are available to the customer:

Prepayment: If the payment method is selected in advance (by bank transfer), the customer will be informed of our bank details by email. Payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date. The shipment will be carried out as soon as the invoice amount has been received in the seller's account with the invoice number.

Via the payment service provider PayPal, the seller offers the customer different payment methods than PayPal services. In this case, payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

PayPal: If you select the "PayPal" payment method, the payment is processed directly via the payment service provider PayPal. In order to be able to pay the invoice amount, the customer must be registered with PayPal, identify himself with his access data and confirm the payment instruction. For this purpose, the customer is automatically redirected to the PayPal website to carry out the payment transaction there immediately after placing the order. The customer will receive further information during the ordering process. PayPal can offer registered PayPal customers selected according to their own criteria additional payment methods in the customer account. We have no influence on the offer of these modalities; other individually offered payment methods, this concerns the legal relationship of the customer with PayPal. For more information, please contact the customer in his PayPal account.

SEPA Direct Debit: If you select the "SEPA direct debit" payment method, the payment is processed via the payment service provider PayPal. In order to be able to pay the invoice amount, the customer does not have to be registered with PayPal. The customer is automatically redirected to the PayPal website for the payment process. By confirming the payment instruction, the customer grants PayPal a direct debit mandate. By means of a pre-notification of the date of the account debit, the customer will be informed separately by PayPal. By submitting the Direct Debit mandate immediately after confirming the payment instruction, PayPal will ask its bank to initiate the payment transaction. The payment transaction is carried out and the customer's account on file is debited.

The payment method by SEPA direct debit is not available for orders from Austria.

Credit card: If you select the "credit card" payment method, the payment is processed via the payment service provider PayPal. In order to be able to pay the invoice amount, the customer does not have to be registered with PayPal. The customer is automatically redirected to the PayPal website for the payment process. The payment transaction will be carried out immediately after confirmation of the payment instruction and after the customer has been legitimized as the legitimate cardholder of PayPal and the credit card provided will be charged.

7) Delivery and Shipping Terms

7.1 In addition to the stated product prices, shipping costs may still apply. Packaging and shipping costs, if such are charged, will be notified to the customer in good time before the order process is triggered. Goods are shipped from Monday to Friday, with the exception of public holidays and bridging days.

7.2 The seller only delivers by shipping.

7.3 The seller only delivers to addresses in Germany and Austria. Delivery to packing stations is not possible.

7.4 For orders within Germany, shipping costs of €5.80 net / €6.90 gross will be charged. The delivery time is approx. 1-3 working days (delivery days from Monday to Friday). From a gross merchandise value of 50 € net / 59.50 € per order, we deliver the order free of charge.

For deliveries to Austria, a shipping fee of € 20.00 net / € 23.80 gross will be charged. The delivery time is about 2-3 working days. From an order value of €125.00 net / €148.75 gross we deliver free of charge.

7.5 For the shipment of products that exceed the maximum dimensions (120 x 60 x 60 cm) (bulky goods), the seller currently charges a bulky goods surcharge of €5.80 net / €6.90 gross per item. For products that are above the specified belt dimension of the shipping service provider (oversized bulky goods), a shipping surcharge of € 28.95 net / € 34.45 gross per item will be charged. These costs are incurred independently of a free delivery.

7.6 At the customer's request, the seller will deliver the ordered goods within Germany *(excluding islands) up to a value of 150.00 € net / 178.50 € gross also via Guaranteed24Service *(except for payment method "Prepayment". For this purpose, the seller charges a shipping fee of € 20.00 net / € 23.80 gross per order. If the order is received by 12:00 noon, the goods will be delivered to the customer on the next working day (delivery days from Monday to Friday). Exceptions are statutory public holidays and bridging days.

The delivery dates are only valid almost without binding. Any delays in delivery do not entitle the buyer to compensation. In the event of delay in delivery, we must be granted a reasonable grace period.

If the buyer sets us a reasonable grace period with a threat of rejection after we have already fallen into default, he is entitled to withdraw from the contract after the fruitless expiry of this grace period. The buyer is only entitled to claims for damages due to non-performance in the amount of the foreseeable damage if the delay was due to intent or gross negligence. In all other respects, liability for damages is limited to 50% of the damage incurred. The above liability provision does not apply if a commercial fixed transaction has been expressly agreed.

7.7 The delivery of goods will be made to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

7.8 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance. Furthermore, this does not apply with regard to the costs for the outward shipment if the customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of withdrawal by the customer, the provision made in the seller's cancellation policy shall apply to the return costs.

8) Retention of title

If the seller makes advance payments, he reserves title to the delivered goods until the purchase price owed has been paid in full.

In addition, the following applies to entrepreneurs: The seller retains ownership of the goods until all claims from an ongoing business relationship have been fully settled. The buyer may resell the goods subject to retention of title in the ordinary course of business; he assigns all claims arising from this resale to the seller in advance - regardless of whether the goods subject to retention of title are combined or mixed with a new item - in the amount of the invoice amount, and the seller accepts this assignment. The buyer remains authorized to collect the claims, but the seller may also collect claims himself if the buyer does not meet his payment obligations. The Seller shall release the collateral to which the Seller is entitled at the Buyer's request to the extent that the realisable value of the collateral exceeds the value of the outstanding receivables by more than 10%.

9) Liability for defects (warranty)

9.1 If the purchased item is defective, the statutory law on liability for defects applies.

9.2 In deviation from this, the following applies to used goods: Claims for defects are excluded if the defect occurs only after one year has elapsed from the delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply

• for items that have been used in accordance with their usual use and the defectiveness of which has not been caused by the customer,
• for claims for damages and reimbursement of expenses by the customer, as well as
• in the event that the seller has fraudulently concealed the defect.

9.3 The following applies to consumers: The customer is asked to complain to the delivery person about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.  However, this helps the seller assert their own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to the buyer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the other person or institution designated to carry out the shipment.

10) Redemption of promotional vouchers

10.1 Vouchers issued free of charge by the Seller as part of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

10.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher .

10.3 Promotional vouchers can only be redeemed before the order process has been completed. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

10.7 The balance of a promotional voucher will not be paid out in cash nor will interest be paid.

10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

11) Co-Branding

Ein Co-Branding ist nicht gestattet. Co-Branding bedeutet den Weitervertrieb der mit unserer Marke versehenen Ware unter Hinzufügung der eigenen Marke. Abweichungen hiervon müssen vertraglich geregelt werden.

12) Liability and Code of Conduct

12.1 Liability

For claims due to damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, limb or health, intentional or grossly negligent breach of duty, warranty promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is open. In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract in the first place and on the fulfilment of which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.

12.2 Code of conduct

We have submitted to the following codes of conduct: Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

13) Governing Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

14) Place of jurisdiction

If the customer acts as 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 seller's place of business. If the customer has his registered office outside the territory of the Federal Republic of Germany, the place of business of the seller is 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 professional or commercial activity of the customer. However, in the above cases, the seller is in any case entitled to appeal to the court at the customer's registered office.

15) Dispute Resolution

 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

16) Changes to the Agreement/T&Cs

Smithers-Oasis Germany GmbH may change the Terms and Conditions at any time without giving reasons. However, the partner will receive information by e-mail before changing the conditions. The T&Cs are deemed to have been accepted if the Partner does not object within two weeks of receipt of the new conditions. If any provision of these Terms and Conditions is invalid, the validity of the remaining terms and conditions shall remain unaffected.