General Terms and Conditions

1. Scope of application

The following General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their commercial or independent professional activity.

For entrepreneurs, the following applies: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.

2. Contractual partner, conclusion of contract, correction options

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

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart on a non-binding basis and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.

We accept your offer within two days by

• issuing a declaration of acceptance in a separate e-mail or
• if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of the payment transaction depends on the payment method selected (see under "Payment").

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

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English, French

We store the contract text and send you the order data and our GTCs in text form. You can view the contract text in our customer login.

4. Subject matter of the contract

4.1 Product description

Reference is made to the validity of the respective product description as an essential 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 special features. If you are unsure, please contact us:

Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actual product colours are possible.

5. Terms of delivery

5.1 Shipping costs

Standard shipping within Germany is free of charge for orders with a value of 125 euros including VAT or more.

5.2 Delivery options

We ship the products to the delivery address specified in the order process.

You always have the option of collecting the products at Orchideen-Zentrum Wichmann e.K., Tannholzweg 1-3, 29229 Celle, Lower Saxony during the business hours listed 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 inform us 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 apply. These are total prices and include statutory VAT.

6.2 Payment methods

The following payment methods are generally available in our shop.

Advance payment
If you select the advance payment method, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

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

Credit card
During the ordering process, you enter your credit card details. Your card will be charged immediately after the order has been placed.

PayPal
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, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed. You will receive further information during the order process.

PayPal may offer further payment methods in the customer account to registered and PayPal-selected customers according to its own criteria. However, we have no influence on the offering of these payment methods; other individually offered payment methods relate to your legal relationship with PayPal. Further information on this can be found in your PayPal account.

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

7. Right of cancellation

You are entitled to the statutory right of cancellation as described in the cancellation policy.

8. Retention of title

The product remains our property until full payment has been received.
For entrepreneurs, the following applies in addition: We retain 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 assign to us in advance all claims arising from this resale - regardless of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves as long as you fail to meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

9. Transport damage

For consumers, the following applies: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, particularly your warranty rights. However, you will help us to assert our own claims against the carrier or transport insurance.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the forwarding agent, carrier or the person or institution otherwise responsible for carrying out the shipment.

10. Warranty and guarantees

10.1 Liability for defects

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

The following restrictions and short periods do not apply to claims for damages caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of wilful or grossly negligent breach of duty and fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on compliance with which the contractual partner may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act applies.

Restrictions for entrepreneurs

Towards entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall apply as an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item which, in accordance with its normal use, has been used for a building and has caused its defectiveness.

The statutory limitation periods for the right of recourse under § 445a BGB remain unaffected.

Notice to merchants

The obligation to inspect and notify in accordance with § 377 HGB applies to merchants. If you fail to give the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect which was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

10.2 Guarantees and customer service

Information on any additional guarantees and the exact terms and conditions can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 10:00 am to 3:00 pm by telephone: 05141-93720 and by e-mail: at shop@orchideen-wichmann.de.

11. Liability

We are always fully liable for claims for damages caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health,
• in the event of intentional or grossly negligent breach of duty,
• in the case of guarantee promises, as agreed, or
• insofar as the scope of application of the Product Liability Act applies.

In the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the amount of the foreseeable damage at the time of contract conclusion, the occurrence of which is typically to be expected.
Otherwise, claims for damages are excluded.

12. Code of conduct

We have subjected ourselves to the following codes of conduct:

• Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

13. Agreement on the use of Trusted Shops buyer protection

You can secure orders placed with us free of charge up to an order value of 100 euros via Trusted Shops SE buyer protection. In addition, Trusted Shops offers fee-based protection together with a guarantor. The Trusted Shops Buyer Protection Conditions apply, which you can find here . Buyer protection is concluded by clicking on the correspondingly labelled button on the so-called Trustcard, which appears as a pop-up on the order thank you page after an order has been completed. If you are already registered for buyer protection, your order will be automatically secured (automatic buyer protection) without the need to click the button. In order to be able to offer you (automatic) buyer protection, the Trustcard must access order data stored in your browser's cache. For this purpose, a hash value of your e-mail address as well as the order number and order sum are transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be automatically secured. If you are not yet registered for buyer protection, you can register as described above via the Trustcard. Information on data protection at Trusted Shops is attached to the above-linked buyer protection conditions.

14. Dispute resolution

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

The responsible authority is the Außergerichtliche Streitbeilegungsstelle für Verbraucher und Unternehmer e. V., Hohe Straße 11, D-04107 Leipzig, Germany, www.streitbeilegungsstelle.org.

15. Final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under 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.

If individual clauses of these GTCs are wholly or partially invalid, the remainder of the contract remains valid. If individual clauses are invalid, the content of the contract is governed by the statutory provisions.