Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts you enter into with us as a provider (Bergermann Floristik GmbH & Co KG) via the website www.nature-parts.com. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods.
(2) In posting the particular product on our website, we are already making you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded through the online shopping basket system as follows:
The goods intended for purchase are stored in the “shopping cart.” Using the corresponding button in the navigation bar, you can retrieve the “shopping cart” and make changes there at any time.
After opening the “checkout” page and entering the personal data as well as the payment and shipping conditions, all order data will be shown once more on the order summary page.
Insofar as you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as payment method, you will either be directed to the order summary page in our online shop or you will first be directed to the Internet site of the provider of the instant payment system.
If you are directed to the instant payment system, you make the appropriate selection or input your data there. Finally, you will be redirected back to our online shop and the order summary page.
Before submitting the order, you have the opportunity to review all information here again, to make changes (also using the “back” function of your Internet browser) or cancel the purchase.
By submitting the order with the “buy” button you declare in a legally binding manner the acceptance of the offer, which brings about the contract.
(4) Your inquiries about the preparation of an offer are not binding for you. We will make you a binding offer in writing (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail and partly automated. You therefore have to ensure that the e-mail address you provide us with is correct, that the reception of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Right of retention, retention of title
(1) A right of retention can only be exercised if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) Are you an entrepreneur, the following holds additionally:
a) We reserve the ownership of the goods until complete settlement of all claims arising from the current business relationship. A pledge or security transfer before transfer of ownership of the reserved goods is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount which accrue to you from the resale, and we accept the assignment. You are further authorized to collect on the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect on 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 insofar as the realizable value of our collateral exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights for defects apply.
(2) As a consumer, you are asked 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, the following divergent warranty provisions apply:
a) Only our own specifications and the product description of the manufacturer are agreed to constitute the condition of the good, but not other advertising, public promotions and statements of the manufacturer.
b) In case of defects, we offer warranty at our discretion by repair or replacement. If the remediation of defect fails, you may request a reduction or withdraw from the contract at your discretion. The remediation of defect 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 repair, we do not have to bear the increased costs incurred by the transport of the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from date of delivery. The reduction of the warranty period does not apply:
– In case of liability for culpable damage by injury to life, limb or health and for intentional or grossly negligent other damage attributable to us;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the good;
– in the case of items that have been used in construction 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.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (favorability principle).
(2) The place of fulfillment for all services arising from our existing business relationships as well as place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your domicile or habitual residence is not known at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
II. Customer information
1. Identity of the seller
Bergermann Floristik GmbH & Co KG
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
We are ready to participate in dispute resolution procedures before consumer arbitration bodies.
2. Information about the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the options of correction accord with the regulations “Conclusion of the contract” of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. The complete contract text will not be saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved via the print function of the browser. Once the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by e-mail.
3.3. In the case of requests for offers outside of the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Essential features of the goods or services
The essential features of the product and/or service can be found in the respective offer.
5. Prices and payment methods
5.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They contain all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be retrieved by the correspondingly designated button on our website or in the respective offer, will be shown separately in the course of the order process and are to be borne by you in addition, unless free shipping delivery has been promised.
5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise stated in the individual payment methods, the payment claims under the contract are immediately due for payment.
6. Delivery conditions
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration during shipment of the goods sold will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or any other person not designated by the entrepreneur to carry out the shipment.
If you are an entrepreneur, the delivery and shipment takes place at your risk.
7th Legal law on liability
The liability for defects is governed by the “Warranty” regulation in our General Terms and Conditions (Part I).
These Terms and Conditions and Customer Information were created by the lawyers specializing in IT law of the merchant alliance (Händlerverbund) and are continuously checked for conformity to law. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. For more information see: https://www.haendlerbund.de/agb-service.
Last update: 07/12/2017