Terms and Conditions Mona's Flower Marrow

1. scope

2. conclusion of contract

3. right of withdrawal

4. Prices and terms of payment

5. Delivery and shipping conditions

6. retention of title

7. Liability for defects (warranty)

8. Redeeming promotional vouchers

9. Applicable Law

10. place of jurisdiction

11. Alternative Dispute Resolution

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of Ramona Kohout, trading under "Mona's Flower Marrow" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") with the seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.3 According to § 13 BGB, a consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. According to § 14 BGB, an entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

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2) Conclusion of contract

2.1 The following regulations on the conclusion of the contract apply to orders via our online shop at https://www.ramona-kohout.de.

2.2 The products contained in the seller's online shop are aimed at the general public and do not represent legally binding offers on the part of the seller, but serve to make a binding offer by the buyer.

2.3 When an order is received in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop. The order is made in the following steps:

1. selection of the desired goods,

2. Adding the products by clicking on the corresponding button (e.g. "Add to shopping cart", "Into shopping bag" or similar),

3. checking the information in the shopping cart,

4. Calling up the order overview by clicking on the corresponding button (e.g. "Continue to checkout", "Continue to payment", "To the order overview" or similar),

5. Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,

6. Completion of the order by clicking the "Buy now" button. This constitutes your binding order.

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2.4 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic acknowledgment of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the offer. The contract is only concluded when the provider submits the declaration of acceptance, which is sent in a separate email (order confirmation). . In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (confirmation of contract ). The text of the contract is stored in compliance with data protection.

The seller can accept the buyer's offer within five days, unless a different, shorter time is expressly stated in the item description. The period for accepting the offer begins on the day after the buyer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the buyer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the buyer is no longer bound by his declaration of intent.

In the event of the conclusion of a contract, the contract comes into effect with Mona's Flower Marrow, Luitpoldstr. 25, 82152 Krailling, Germany.

2.5 Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's "back button"). They can also be corrected by aborting the ordering process prematurely, closing the browser window and repeating the process.

2.6. Only the German language is available for the conclusion of the contract.

2.7. The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

2.8. When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this.

2.9. For natural goods such as There may be product deviations with flowers and plants as the exact color tone or growth cannot be influenced. The essential features can be found in the product description.

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3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy  .

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4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 The payment option(s) will be communicated to the buyer in the seller's online shop.

4.3 When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 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 buyer does not have a PayPal account - under the conditions for payments without a PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.4 If you select the "SOFORT" payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the buyer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and the buyer's bank account will be debited. The buyer can access more detailed information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

4.5 When paying using a payment method offered by ApplePay, the payment is processed by the payment service provider ApplePay Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA, subject to the Apple Terms of Use, which can be viewed at https://www.apple.com /en/legal/internet-services/terms/site.html

4.6 When paying using a payment method offered by Giropay, the payment is processed by the payment service provider PAYDIREKT GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main subject to the terms of use, which can be viewed at https://www.paydirekt.de/agb/index.html

4.7. When paying using a payment method offered by Visa and credit/debit cards, the payment is processed by the payment service provider WELLS FARGO BANK, NA subject to the terms of use, which can be viewed at https://www.wix.com/about/us-wixpayments-tou

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5) Delivery and shipping conditions

5.1 Goods are delivered by mail to the delivery address specified by the Buyer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the buyer is responsible, the buyer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the buyer effectively exercises his right of withdrawal. If the buyer effectively exercises the right of cancellation, the regulation made in the cancellation policy [link to cancellation policy] of the seller applies to the return costs.

5.3 In the case of self-collection, the seller first informs the buyer by e-mail that the goods he has ordered are ready for collection. After receiving this e-mail, the buyer can collect the goods at the seller's place of business after consultation with the seller. In this case, no shipping costs will be charged.

5.4 In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is shown as being free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if necessary in the shopping cart system and on the order overview.

5.5 The following delivery area restrictions apply: Deliveries are made to the following countries: Germany. Deliveries are made to the following cities: Munich (Sendling, Berg-am-Laim, Perlach/Ramersdorf), Germering, Neuried, Krailling, Planegg, Gauting, Stockdorf, Graefelfing. The shipping of non-perishable goods takes place throughout Germany.

6) Retention of title

If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 If the purchased item is defective, the statutory liability for defects applies.

7.2 The buyer is asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this and to document this with photos. If the buyer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

8) Redemption of promotional vouchers

8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the buyer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.

8.2 Promotional vouchers can only be redeemed by consumers.

8.3 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

8.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

8.5 Only one promotional voucher can be redeemed per order.

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

8.7 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 selected to settle the difference.

8.8 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.

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

8.10 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

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9) Governing Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

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10) Jurisdiction

If the buyer 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 is the place of business of the seller. If the buyer has his registered office outside the territory of the Federal Republic of Germany, the seller's place of business 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 buyer. In the above cases, however, the seller is always entitled to appeal to the court at the buyer's registered office.

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11) Alternative Dispute Resolution

The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board. The European Commission provides a platform for online dispute resolution (OS), which you can find at   https://ec.europa.eu/consumers/odr  . We are willing to participate in an out-of-court arbitration process.

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