General Terms and Conditions

1. Scope of Application

The following Terms and Conditions apply to all orders placed via our online shop by consumers and businesses.

A ‘consumer’ is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor related to their self-employed professional activity. A trader is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, is acting in the course of their commercial or self-employed professional activity.

The following applies to business customers: If the business customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only form part of the contract if we have expressly agreed to them.

2. Contracting Parties, Conclusion of Contract, Opportunities for Correction

The sales contract is concluded with Orchideen-Zentrum Wichmann e.K..

The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. You may initially add our products to your basket without obligation and correct your details at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the ‘Order’ button, you are making a binding offer for the products contained in your shopping basket. Confirmation of receipt of your order will be sent by email immediately after you have submitted your order.

We shall accept your offer within two days by

• we issue a declaration of acceptance in a separate email or
• where applicable, the payment transaction will be carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected (see ‘Payment’).

The alternative relevant to you depends on which of the listed events occurs first.

3. Contract language, storage of the contract text

The languages available for the conclusion of the contract: German, English, French

We will store the contract text and send you the order details and our General Terms and Conditions in writing. You can view the contract text via our customer login.

4. Subject-matter of the Contract

4.1 Product description

Please note that the relevant product description forms an integral part of the contract.

4.2 Product images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following specific points. If you have any queries, please contact us:

Due to individual screen settings (e.g. resolution and brightness), there may be minor differences between the displayed and the actual product colours are possible.

5. Delivery Terms

5.1 Delivery charges

Standard delivery within Germany is free of charge for orders totalling 125 euros or more, including VAT.

5.2 Delivery options

We dispatch the products to the delivery address specified during the ordering process.

You generally have the option of collecting your order from Orchideen-Zentrum Wichmann e.K., Tannholzweg 1-3, 29229 Celle, Lower Saxony, during the opening hours specified below: Tuesday to Friday from 10.00 am to 5.00 pm, Saturday from 10.00 am to 2.00 pm, Sunday from 10.00 am to 12.00 pm, except on public holidays. Please let us know at least two working days before your collection so that we can prepare the goods from our warehouse.

6. Payment

6.1  Prices

The prices stated at the time of the order shall apply. These are total prices and include statutory value added tax.

6.2 Payment methods

The following payment methods are generally available in our shop.

Cash payment on collection
You shall pay the invoice amount in cash upon collection.

Credit card
You will provide your credit card details during the ordering process. Your card will be charged immediately after the order is placed.

Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg (‘Amazon’), you must be registered with Amazon, authenticate yourself using your login details and confirm the payment instruction. The payment transaction will be processed by Amazon Pay within one banking day of the order being placed.

Amazon Pay may offer registered Amazon Pay customers, selected according to its own criteria, additional payment methods within their customer account. However, we have no influence over the offering of these methods; any additional payment methods offered on an individual basis relate to your legal relationship with Amazon Pay. Further information on this can be found in your Amazon Pay account.

Klarna
In collaboration with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden („Klarna“), we offer you the following payment options. Unless otherwise specified below, payment via Klarna is subject to a successful address and credit check and is made directly to Klarna. Further information is provided with the respective payment option and during the ordering process.

Instalment purchases via Klarna
You may pay the invoice amount in up to 36 monthly instalments. A deposit may be required for some orders. The due dates are determined in accordance with Klarna’s payment plan. The ‘instalment purchase via Klarna’ payment method is available to consumers only.

Klarna may offer registered Klarna customers, selected according to its own criteria, additional payment options via their customer account (e.g. interest-free instalment plans). However, we have no influence over the offering of these options; any further payment options offered on an individual basis relate to your legal relationship with Klarna. You can find further information on this in your Klarna account

Pay now via Klarna
To pay the invoice amount via Klarna’s ‘Pay Now’ service, you must have a Klarna account and a bank account activated for online banking, authenticate yourself accordingly and confirm the payment instruction. No credit check is carried out when paying via Sofort. Your account will be debited immediately after you have placed your order. Further information will be provided during the ordering process.

PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself using your login details and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after the order is placed. Further information will be provided during the ordering process.

PayPal may offer registered PayPal customers, selected according to its own criteria, additional payment methods within their customer account. However, we have no influence over the offering of these payment methods; any additional payment methods offered on an individual basis relate to your legal relationship with PayPal. You can find further information on this in your PayPal account.

Invoice
The invoice amount is due 14 days after receipt of the invoice and the goods, to be paid by bank transfer to the bank account specified on the invoice. We reserve the right to offer purchase on account only following a successful credit check.

7. Right of withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. No voluntary right of withdrawal is granted to business customers.

8. Retention of title

The product remains our property until full payment has been made.
The following applies additionally to business customers: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale – irrespective of whether the goods subject to retention of title have been combined or mixed with a new item - in the amount of the invoice sum, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations. Upon your request, we shall release the security to which we are entitled to the extent that the realisable value of the security exceeds the value of the outstanding claims by more than 10 %.

9. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the carrier as soon as possible and contact us without delay. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you will be helping us to assert our own claims against the carrier or the transport insurer.

The following applies to business customers: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment.

10. Warranty and Guarantees

 Liability for defects

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following limitations and shortened limitation periods do not apply to claims arising from damage caused by us, our legal representatives or our vicarious agents

• in the event of injury to life, limb or health
• in the event of a breach of duty caused by wilful misconduct or gross negligence, or fraudulent misrepresentation
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely (cardinal obligations)
• within the scope of a warranty undertaking, where agreed, or
• insofar as the scope of application of the Product Liability Act is applicable.

Restrictions in relation to business customers

In dealings with business customers, only our own specifications and the manufacturer’s product descriptions incorporated into the contract shall be deemed to constitute an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising claims. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The preceding sentence does not apply to goods which, in accordance with their normal use, have been used in a building and have caused its defectiveness.

The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code (BGB) remain unaffected.

Note for traders

In dealings between merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code (HGB) applies. If you fail to give notice as stipulated therein, the goods shall be deemed to have been accepted, unless the defect was not apparent upon inspection. This shall not apply if we have fraudulently concealed a defect.

Information for consumers

In the case of purchase of goods has a minimum duration of two years. Please also refer to the harmonised notice in accordance with Implementing Regulation (EU) 2025/1960 (the so-called ‘warranty label’). You can find this here: https://www.orchideen-wichmnn.de/de/eu-gewaehrleistung.html.

 Warranties and after-sales service

Information on any additional guarantees that may apply and their exact terms and conditions can be found with the relevant product and on specific information pages in the online shop.

Customer service: Customer service: You can contact our customer service team with any queries, complaints or claims on working days from 10.00 am to 3.00 pm on the following telephone number: 05141-93720, or by email at shop@orchideen-wichmann.de.

11. Liability

We shall always bear unlimited liability for claims arising from damage caused by us, our legal representatives or our vicarious agents

• in the event of injury to life, limb or health,
• in the event of a breach of duty caused by wilful misconduct or gross negligence,
• in the case of warranty undertakings, where agreed, or
• insofar as the scope of application of the Product Liability Act is applicable.

In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party may reasonably rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

12. Code of Conduct

We have committed ourselves to the following codes of conduct:

• Trusted Shops (https://business.trustedshops.de/quality-criteria-de)

13. Agreement on the use of Trusted Shops Buyer Protection

You can insure orders placed with us free of charge up to an order value of 100 euros via the Trusted Shops SE buyer protection scheme. In addition, Trusted Shops offers a fee-based insurance scheme in conjunction with a guarantor. The Trusted Shops Buyer Protection Terms and Conditions apply, which you can find here . Buyer protection is activated by clicking on the button labelled ‘Trustcard’, which appears as a pop-up on the order confirmation page after you have placed an order. If you are already registered for buyer protection, your order will be automatically covered (automatic buyer protection) without you needing to click the button. In order to offer you (automatic) buyer protection, the Trustcard must access order data stored in your browser’s cache. To do this, a hash value of your email address, along with the order number and order total, is transmitted to Trusted Shops. If you are already registered for Buyer Protection, your order will be automatically covered. If you are not yet registered for Buyer Protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is included in the Buyer Protection Terms and Conditions linked above.

14. Dispute Resolution

We are prepared to participate in out-of-court conciliation proceedings before a consumer arbitration board.

The competent body is the Out-of-Court Dispute Resolution Centre for Consumers and Businesses e. V., Hohe Straße 11, D-04107 Leipzig, Germany, www.streitbeilegungsstelle.org.

15. Final Provisions

If you are a business, German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a trader within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity governed by public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.

Should individual clauses of these General Terms and Conditions be wholly or partially invalid, the remainder of the contract shall remain valid. Insofar as individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.