General Terms and Conditions

1. Scope of application

The following General Terms and Conditions 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 mainly not attributable to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, these are hereby contradicted; 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 basket without obligation 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 on the order button, you make a binding offer to purchase the products contained in the shopping basket. Confirmation of receipt of your order is sent by e-mail immediately after the order has been sent.

We will 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 at which the payment transaction is carried out depends on the payment method you have chosen (see under “Payment”).

The relevant alternative for you depends on which of the events listed 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 General Terms and Conditions 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 particularities. If you are unsure, please contact us:

Due to individual screen configurations (e.g. resolution and brightness), slight differences 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 from an order value of 125 euros including VAT.

5.2 Delivery options

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

You generally have the option of collecting the goods from Orchideen-Zentrum Wichmann e.K., Tannholzweg 1-3, 29229 Celle, Niedersachsen during the following business hours: 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 make the goods available from our warehouse.

6. Payment

6.1  Prices

The prices stated at the time of ordering apply. These are total prices and include the statutory VAT.

6.2 Payment methods

The following payment methods are generally available in our shop.

Prepayment
If you select the prepayment payment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

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

Credit card
During the order process, you enter your credit card details. Your card will be charged immediately after completion of the order.

Klarna
In cooperation 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 regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided with the respective payment option and in the order process.

Instalment purchase via Klarna
You can pay the invoice amount in up to 36 monthly instalments. For some orders, a deposit may be required. The due date is determined by Klarna’s payment plan. The Klarna instalment purchase payment method can only be used by consumers.

Klarna may offer registered Klarna customers selected according to its own criteria additional payment options in the customer account (e.g. interest-free instalment plans). However, we have no influence on the offering of these options; other individually offered payment options concern your legal relationship with Klarna. Further information on this can be found in your Klarna account

Sofort/ instant transfer via Klarna
In order to pay the invoice amount by Sofort/instant transfer via Klarna, you must have a Klarna account and a bank account enabled for online banking, legitimise yourself accordingly and confirm the payment instruction. No credit check is carried out by Klarna when paying by Sofort/instant transfer. Your account will be debited immediately after placing the order. Further information is provided in the order 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, legitimise yourself with your login details and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. Further information is provided in the order process.

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

Invoice
The invoice amount is due for payment 14 days after receipt of the invoice and goods by bank 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

Consumers have the statutory right of cancellation as set out in the cancellation policy. Entrepreneurs are not granted a voluntary right of cancellation.

8. Reservation of title

The product remains our property until payment has been made in full.
For entrepreneurs, the following also applies: We reserve title to the product until all claims 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 amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not 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

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurer.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed over the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

10. Warranty and guarantees

10.1 Liability for defects

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

The following restrictions and reductions in time limits do not apply to claims for damages resulting from injury caused by us, our legal representatives or vicarious agents

• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible 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 is opened.

Restrictions towards entrepreneurs

Only our own statements and the manufacturer's product descriptions that have been included in the contract shall be deemed to be 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 in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness.

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

Note for merchants

The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless it is a defect which could not be detected 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 that may apply and their exact terms can be found with the product and on special information pages in the online shop.

Customer service: 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 liable without limitation for claims for damages caused by us, our legal representatives or vicarious agents

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

In the event of breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on compliance with which the contractual partner may regularly rely (cardinal obligations), our liability for slight negligence by us, our legal representatives or vicarious agents is limited to the amount of damage foreseeable at the time of conclusion of the contract and typical for this type of contract.
Otherwise, claims for damages are excluded.

12. Code of conduct

We are subject 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 the Trusted Shops SE Buyer Protection. In addition, Trusted Shops also offers fee-based protection together with a guarantor. The Trusted Shops Buyer Protection Conditions, which you can find here , apply. The conclusion of the Buyer Protection takes place by clicking on the correspondingly labelled button of the so-called Trustcard, which appears as a pop-up on the order thank you page after an order has been placed. If you are already registered for Buyer Protection, your order will be automatically secured (automatic Buyer Protection) without you having to click the button. In order to be able to offer you (automatic) Buyer Protection, the Trustcard must access order data that is stored in the cache of your browser. For this purpose, a hash value of your e-mail address as well as the order number and order amount are transmitted to Trusted Shops. If you are already registered for Buyer Protection, your order will be secured automatically. 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 attached to the Buyer Protection Conditions linked above.

14. Dispute resolution

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

The competent authority is the Extrajudicial Dispute Resolution Centre for Consumers and Entrepreneurs e. V., Hohe Straße 11, D-04107 Leipzig, Germany, www.streitbeilegungsstelle.org.

15. Final provisions

If you are an entrepreneur, German law shall apply 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 is our registered office.

Should individual clauses of these General Terms and Conditions be invalid in whole or in part, 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.