Generally
1.These general terms and conditions apply to all current business relations. Diverting, contrary or supplementary terms and contitions will, even if known, not be part of the contract unless its validity is explicitly expressed and acknowledged in writing.
2. We aim to picture all plants as lifelike as possible. However, even with the most diligent use of modern technics, this is not always possible without limitations. Plants are still a product of nature, its colour and looks cant be guaranteed. For these reasons the pictures are not subject to liability.
3. Orders are confirmed as quick as possible after reception. The buyer has the right to withdraw from the order within 24hours after dispatch of order confirmation. Otherwise the order is subject to terms and conditions as outlined.
4. Buyer in terms of conditions are private customers as well as contractors.
Prices and Payment
1. All prices are valid as displayed in European currency (€) inclusive at time of delivery valid value-added-tax.
2. Orders are carried out after form of payment has been chosen. Options are as follows: instant transfer or credit card during the ordering process or prepayment after placing your order.
3. Bank transfers from foreign countries have to contain our IBAN/BIC (equals SWIFT CODE) . Non-compliance will lead to additional charges before dispatch of goods.
4. All online-listed prices are only valid for online order for dispatch.
5. There is no minimum order value!
6. For each order a shipping an handling fee in accordance with general valid shipping and handling fee schedule will be charged.
Right of withdrawal
1. The customer has the right to withdraw from the contract of purchase within a fortnight (14days) of reception of merchandise. This right excludes merchandise which, on behalf of its consistence, is not suitable for return, is perishable and in particular plants. The withdrawal can be in writing, on a durable data carrier (e.g. E-mail) or by returning the merchandise. To meet the deadline of withdrawal it is sufficient to send the withdrawal notice in time to Currlin Orchideen, Seeweg, 97215 Uffenheim/Welbhausen, Germany. We will reimburse already made payments immediately upon receipt of the withdrawal notice by bank transfer.
2. The customer has to bear the expenses for returning goods if: a. the delivered items are the ordered ones and the price of the goods to be returned do not exceed 40 € or b. in case of a value higher than above mentioned, the customer has not made any payments as contracted at the time of withdrawal.
Packing and dispatch
1. All shipping is carried out as insured post package at buyer’s request, risk and expense. Upon payment of extra charges special shipping and handling will be arranged.
2. Packaging expenses are included in the shipping and handling flat rate.
3. Any transport/ shipping-and-handling damages have to be reported immediately to us within 7 days of receipt of damaged goods. Furthermore the damage has to be advised to the deliverer and a written affirmation to be obtained. The damage report to us shall be in certified e-mail or certified writing or fax with transmission protocol. Furthermore, damages of any kind shall be brought to the attention of the deliverer immediately on delivery with a written acknowledgement of the deliverer.
Duty of delivery, quality statement, warranty:
1. Consignments are usually dispatched on the day following receipt of payment. On payment per bank debit or on invoice the consignment will be handed over to the forwarding company on Tuesday following the receipt of order. Due to seasonal or weather circumstances delays are possible. If you have any questions don’t hesitate to contact us.
2. If in case of weather disaster, extreme heat, frost, cases of higher forces like strike, lock out, power outage or similar disruptions, execution of confirmed orders is impossible (§275 I BGB), the obligation of supply is not applicable. In such circumstances orders will be carried out as soon as disruptions/conditions are eliminated. In these cases delivery will be held on back order without further notice to buyer. Retreat of buyer from confirmed orders under such conditions are excluded.
3. All offered Orchids are from tissue culture or cuttings from stock of mother plants and are not collected from native habitats ( active protection of species practice).
4. The seller commits himself to dispatch only healthy plants. "Floweringsize" plants are plants not necessarily flowering at the moment but are of immaculate property. "Floweringsize" in about x years are young plants that can flower in x years. Damages occurred by improper handling, planting or nursing are not the sellers responsibility nor part of liability.
5. Offers are as long as stocks last. We are eager to keep our stocks within our online offers as current as possible. Should there be an ordered plant unavailable, we will return the exact amount by bank transfer immediately on receipt of bank details.
6. Defects, obvious at time of delivery, have to be reported to us within 2 days in writing or by phone with exact description of the kind of deficiency. Any claims made after this are not accepted.
7. Deficiencies are rectified by amendment, replacement, voucher or pay back. We reserve the right to reclaim defective goods for further inspection. Return consignments are only accepted with proper postage. Return freight costs are redeemed if possible. We always strive to please our customers. Please contact us before you dispatch any goods for return.
Reservation of proprietary rights
1. The delivered merchandise remains property of seller until receipt of total amount billed.
2. If the customer is a corporate body under public law or a merchant, he will assign any claims on the delivered merchandise to the seller even after resale. Court of jurisdiction, place of fulfilment
1. German law applies under exclusion of CISG ( United Nations Convention on Contracts for the International Sale of Goods)
2. Place of fulfilment and Court of jurisdiction is Neustadt/Aisch – Ansbach, Germany.
3. Place of fulfilment and Court of jurisdiction for merchants and corporate bodies under public law is Neustadt/Aisch – Ansbach, Germany
Validity On publication of these Terms and Conditions all previous Terms and Conditions cease to exist.
Severability clause
1. In case that parts of these Terms or conditions may be invalid this will not affect the validity of the Terms and Conditions as a whole.
2. The customer acknowledges the invalid parts of the agreement to be replaced by such, which are closest to the original terms.
These Terms and Conditions are the direct translation from German to English and resemble the terms of German law only. On all activities within these Terms and Conditions only German law applies. |