Terms of service
General terms and conditions and customer information
I. General Terms and Conditions of Business
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Jardin Ciel GmbH) via the Internet site www.jcflowerbox.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is contradicted.
(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods .
(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you are using an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort), you will either be taken to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective Sofortzahl system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to the order overview page in our online store.
Before submitting your order, you have the opportunity to check all details again, to change them (also using the "back" function of your internet browser) or to cancel the purchase.
By submitting the order via the "buy" button, you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose contents infringe the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violate existing laws. You shall expressly indemnify us against all third-party claims asserted in this connection. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and therefore do not assume any liability for errors.
§ 4 Special agreements on offered payment methods
(1) SEPA direct debit (basic and/or corporate direct debit)
When paying by SEPA basic direct debit or SEPA company direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 1 day after conclusion of the contract.
The period for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In case of a return debit note due to your fault, you have to pay the bank charges incurred.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is filed. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. customer information
1. identity of the seller
Jardin Ciel GmbH
Alternative dispute resolution:
The European Commission provides a platform for the extrajudicial online settlement of disputes (OS platform), available at https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 Contract language is German .
3.2 The complete contract text will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. codes of conduct
4.1 We have submitted to the buyer seal quality criteria of the Händlerbund Management AG and thus to the Ecommerce Europe Trustmark Code of Conduct, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/
5. essential characteristics of the goods or services
The essential characteristics of the goods and/or services are to be found in the respective offer.
6. prices and terms of payment
6.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees of credit institutions), which are to be borne by you.
6.4 Any costs incurred by the money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was arranged outside the European Union.
6.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. terms of delivery
7.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
8. legal liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions of Business (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the dealer association specializing in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. You can find further information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 23.10.2019