General terms & conditions

§ 1 Scope and contractual basis

 

(1) The following conditions for the purchase contract made between you as the buyer and JollyFlowers apply for the delivery of goods.

 

(2) All agreements made between you and JollyFlowers in connection with the purchase contract result from these sales conditions, our written confirmation of the order and our declaration of accept which is done by sending a purchase confirmation by email or by telefax.

 

(3) All pictures or drawings contained in our brochures, advertisements and other supplying documents are definitive in an only approximate way as far as the data contained therein are not expressively declared as binding. JollyFlowers exclusively uses fresh and first-class flowers, however, cut flowers cannot always look the same and can possibly not be available due to seasonal reasons. All details on colour, form and size as well as the pictures shown on JollyFlowers website and in brochures and other advertising media shall only be regarded as exemplary! This does not affect the quality of the flowers chosen by you because only number and kind of the individual flowers vary with regard to the constant quality of our goods.

 

(4)  We give our word to you for the immaculate quality of our bouquets and guarantee colourful joy with our 7-day freshness guarantee when dispatching the flowers by package. The freshness guarantee is effective from the day of dispatch by JollyFlowers.

 

In case of handing over the flowers personally by florists we guarantee the freshness for 5 (five) days.

 

Please take into account, however, that flowers are living organisms. The look of your bouquet will therefore change with the course of time: Flowers rich of buds will consecutively open young blossoms and close faded blossoms. Tulips, however, still keep on growing in the vase and unfold their blossom leaves. Your bouquet will therefore change day by day; it is living - enjoy this natural development. Should you nevertheless have a reason for complaint JollyFlowers will send you once a substitute. Should this cost-free substitute not be up to your wished standard you can after providing some evidence claim our money-back guarantee and we will reimburse you with the respective amount.

 

NOTE:  Sensitive flowers like e.g. long-stem roses are excluded from the 7-day freshness guarantee. These flowers react very sensitively to the various environmental influences which JollyFlowers cannot affect. Also, we have to exclude bouquets delivered in other countries than Germany. In many countries the most differing climatic conditions and caring necessities prevail.

Further, bouquets sent by package which have to be stored for the recipient by our logistic partners are excluded from the guarantee. However, we still guarantee you that we exclusively dispatch fresh goods, respectively.

 

§ 2 Prices, terms of payment, packing and carriage costs

 

Our article prices include packaging costs and all shown prices include legal value added tax (VAT). Unless otherwise agreed in writing, the article prices plus delivery costs are immediately due after confirming the order (last step of order process on the JollyFlowers website). The sending of the order confirmation/invoice is exclusively done by email and can only be sent by mail after prior agreement with the JollyFlowers Service Team.

 

(1)  Deliveries by package - package dispatch by courier service

 

a)     Standard Delivery - (4,95 Euro per shopping cart)

The Standard Delivery occurs through one of our logistic partners DHL, DPD or others Monday-Friday from 8am-6pm, on Saturdays from 8am until 3pm.

 

According to the Terms and Conditions of our logistic partners 95%-98% of the deliveries reach the receiver on the desired date. If not, the delivery will be executed on the next following working day. The next working day delivery fulfils the contract. Working days are from Monday until Saturday.

 

JollyFlowers has no influence on the actual delivery performance of our logistic partner. We can assure you that we select our partners by highest quality standards according to ISO 9001. Should the flower recipient not be at home, the driver/courier is entitled to leave a notification or he delivers the flowers to a neighbour.

 

b)    Guaranteed delivery -  (9,95 Euro per shopping cart – no matter how many articles)

This kind of delivery guarantees a delivery Monday till Saturday between 8 am and 6pm. In the unlikely event of a delayed delivery JollyFlowers offers voluntarily to credit the full delivery expenses.

This does not constitute any legal entitlements.

 

c)     Late Delivery - (19,95 Euro per shopping cart – no matter how many articles)

The Late Delivery guarantees a delivery Monday till Friday between 2pm till 10pm by DHL.

 

d)    Sunday Delivery-  (22,95 Euro per shopping cart – no matter how many articles)

The Sunday Delivery guarantees a delivery Sundays/Holidays between 8 am and 6pm by DHL.

 

(2)  Express Delivery – by our florists in the neighbourhood

One of our 55.000 partner florists around the world will deliver your well-chosen bouquet. If you have decided for a “same day delivery”, we need your order Monday-Friday until 2pm (GMT+1) and on Saturdays until 10am (GMT+1). The order time is relevant, as we process the orders during German Office hours and you might expect the delivery at any place of the world in a totally different time zone..

 

By our huge Florist Network we can offer deliveries on Sundays and holidays after previous agreement by phone or email with the JollyFlowers customer service. Please contact us by email service[at]jollyflowers[dot]de latest 12 o’clock on previous Friday before Sunday-Delivery or two working days before the wished holiday-delivery.

 

A note in the field Notice of delivery for the florist (desirable time or bell tips) should assist the successful delivery by the florist.

 

The Florists Delivery fee and the flower prices are determined by the country practice and, in addition, regional and seasonal variations. For example in London lilies are more expensive than in Amsterdam. On Mother’s Day roses are more expensive than in July. Should not the local florist have the illustrated flowers in stock, he will make a qualitative equivalent bouquet in price with other beautiful flowers.

 

a)     Express Delivery – by our florists in Germany

(9,90 Euro per shopping cart)

The Florists Delivery occurs Monday-Friday 8am-7pm and Saturdays 8am-2pm.

 

b)    Express Delivery – by our florists worldwide (not Germany)

(one country specific delivery fee per shopping cart, please see country page for details)

 

We offer with our network a delivery in approx. 140 countries on all continents. The delivery occurs through more than 55,000 florists on site. As a rule same times are valid like in Germany, however, the suitable time zone must always be considered. Please pay attention to the time zone in the country where the receiver is located. As an example: If Jolly Flowers receives the order until 2pm, Sweden delivers on the same day. In Australia the delivery would be on the next day because of the time zone (order time Germany: 2pm, local time Australia 9pm).

 

The conditions of delivery by a florist vary from county to county. You find the service and and delivery fees in the article description of the respective bouquet or on the county specific webpage clearly stated. Any special regulations and delivery notes of the country are listed. Please read these conditions carefully.

 

 

(3)  Valentine-/Easter-/Mothers day-/ Christmas delivery note - any country

On these special occasions all our florists and logic partners are very busy to fulfil all wishes and orders of our appreciated customers. If it can be foreseen that a delivery is for logistical reasons not possible on the above mentioned days, the delivery will be one working day before or after.

 

 

 

§ 3 Terms of delivery and service

 

(1) Our times and periods of delivery are expressively not binding, unless they are agreed in a written form as specifically binding between you and us.

 

(2) Subject to the following restrictions we are liable to you according to the legal regulations in case of a fixed business transaction or in case you are entitled to refer to the withdrawal of your interest in the completion of the contract which results from a delayed delivery caused by us.

 

(3) A fault from the side of our representatives or our auxiliary persons shall be regarded as our fault. The executing “package delivering” logistic company does not count among our auxiliary persons.

 

(4) Should the delayed delivery result from our breach of an essential contractual obligation or on a breach of an obligation resulting from our fault which finally enables the orderly fulfilment at all and on the keeping of which you can regularly rely as a buyer and which we have to stand in for, then we are also liable in accordance with the legal regulations. In case of simple negligence, however, our liabilities limited to the foreseeable and typically occurring damage.

 

(5)  JollyFlowers are entitled to render partly deliveries and partly services any time as long as this can be expected from us.

 

(6)  JollyFlowers deliver your ordered flowers to any proper postal address. Please take into account that deliveries to a German island may be delayed by one working day.

 

(7) Deliveries to hospitals, barracks, public institutions, enterprises, hotels, ships, graveyards, dwelling houses, buildings with security personnel, etc. are regarded as fulfilled after handing over the goods to the authorised personnel. The delivering person is often not allowed to hand over the flowers directly to the recipient.

 

(8) A delivery is also regarded as accomplished if the goods do not reach the recipient because the customer and/or recipient:

 

(a) has stated the wrong address and thus the goods could not be delivered,

 

(b)  does not receive the goods due to refusal of accept, absence or non-collection;

 

(c)  or because the delivery was not possible because the required data were missing on the letter box/bell plate.

 

((9) Delivery addresses to which DHL and/or other package delivery service cannot deliver to are classified as incorrect delivery addresses. If it comes to default in acceptance by the orderer, he/she has to bear the accruing costs. With an appearance of a default in acceptance the risk of accidental degradation and demise is transferred to the orderer. Any non-delivery must be objected to within 30 (thirty) days after the confirmed date of delivery, otherwise the delivery is regarded as accomplished. On account of organisational reasons a sending of flowers which is in the process of being returned cannot be sent again.

 

10) At an obvious and definitely damaged packet the receipt has to be rejected and JollyFlowers has to be informed immediately. If a damaged packet is accepted the claim for replacement or refund of the invoice amount will be dropped. 

 

(11) it is expressively pointed out that deliveries abroad can deviate from the bouquets delivered and the bouquets shown in the online-shop. However, we always guarantee the delivery of flowers of an equal quality in case the local florist should not have the desired kinds of flowers in stock. A differing way of delivery can be made without prior consultation of the customer.

 

(12) In case of Major Force the delivery on time cannot be guaranteed. Major Force is: War, Civil Commotion, Disturbance of the Public Order, Curfew, Strike, Outbreak of Diseases, Natural Catastrophes. This equally applies for the country of the customer as well as the country of the recipient. This also applies if such circumstances occur with sub-contractors. The same applies for public and/or traditional holidays in the federal state or the country of the recipient.

 

§ 4 Rights in case of faulty products

 

(1)  If the delivered product does not have the quality agreed between you and us or it is not fit for the use pre-conditioned by our contract or the use in general or if it does not have the properties you could have expected according to our public statements we are obliged to re-condition the former state. This does not apply if we have the right of objecting to such re-conditioning. Possible faults of the delivered object shall be complained of immediately after acknowledgement thereof. The customer shall grant an adequate notice of re-conditioning.

 

(2)  The re-conditioning is done by removing the fault or by delivering new goods up to your choice. During the period of re-conditioning the customer is not entitled to reduce the sales price or withdraw from the contract. In case we have tried the re-conditioning twice in vain this means this is regarded as failed. In case the re-conditioning has failed the customer is entitled to reduce the sales price or withdraw from the contract as he is pleased.

 

(3)  Within the scope of a guarantee for the properties or the durability of the goods we are also liable should we have granted such with regard to the delivered object.

 

(4)  In case a damage results from simple negligent breach of contractual or other obligations which finally enables the orderly execution of the contract at all or on the fulfilment of which you as the customer can regularly rely, then we are also liable for such a damage. The same applies if you are entitled to claim replacement instead of the service. Our liability for the damage, however, is limited to foreseeable and typically occurring damage.

 

§ 5 Means of payment, costs and prosecution in case of misuse

 

(1)  The (German) customer can pay the sales price by credit card (VISA, Mastercard), payment by direct debit, money transfer,  on account or by Paypal. The payment is regarded as transferred by receipt of the sales price at JollyFlowers.

Customers from countries other than Germany have the options to pay by credit card {contracting company of JollyFlowers) and by Paypal. The owner must be over 18 years old.

 

(2)  On the basis of an appraisal of credit JollyFlowers are always entitled to deny payments by direct debit, on account and to offer credit card or Paypal as means of payment.

 

(3)  The costs of a return debit note amount to € 8.50,-. Such costs will be debited to the customer in case of a deficit in the bank account or in case of a back posting (withdrawal) made by the client or in case of the submission of wrong account data.

 

(4)  The misuse of an EC-card number, credit card number or every attempt thereof will be prosecuted. The customer misuses his credit card by pretending to be solvent and to be able to pay the sales price for the ordered goods at the time of closing the contract by giving his bank account number to JollyFlowers but in reality is not in the position to fulfil his contractual obligations.

 

(5)  Unless agreed otherwise in writing the sales price owed by you as well as established costs of dispatch are instantly due without deduction after receipt of our invoice at your address. The sending of the invoice is exclusively done by email and can be sent by overland mail only after asking us for our prior consent.

 

(6) Should your payment be delayed we are entitled to charge you with interest amounting to 5% (five per cent) in excess of the applying basic rate of interest of the Europaeische Zentralbank (European Central Bank / EZB). We also reserve the right of proving a higher claim's amount.

 

(7) Invoice Payment by KLARNA

In cooperation with KLARNA we offer you the payment method “by invoice”. This offers you the option to buy without providing your bank account details, and you pay after you received the flowers (products). Further information are provided following the link: Further information of Klarna

 

Details:

-          First you will receive the product, then you have to pay

-          14 days period of payment

-          No bank details required

-          Credit possible

 

KLARNA checks all data of the customer and exchanges data with credit rating organisations on demand. In case the required credit worthiness is not present, KLARNA AB is allowed to offer alternative payment methods instead of invoice. You personnel data will not be shared with other parties for any kind of marketing measures. More details about KLARNS data security measures can be found under data security

For more general information you may visit KLARNA www.klarna.com

KLARNA AB, Company Official Number 556737-0431, Norra stationsgatan 61, 113 43 Stockholm, Sweden

 

You are only entitled to set anything off against our claims if your counterclaims were stated as legal and if we have acknowledged them or if your counterclaims are absolutely justifiable. This also applies if you claim faulty reprimands or make a counterclaim. As a customer you can, however, make use of your right of retaining the goods in case your counterclaim is based on the same purchase contract.

 

§ 6 Reservation of proprietary rights

 

The delivered goods will remain our property until full payment of all requirements arising from this contract.

 

§ 7 Final regulation, applicable right

 

German right applies for our contract. The application of UN-purchase right is excluded.

 

§ 8 Right of revocation - cancellation

 

 

§ 8a Exception

 

Due to organisational reasons please bear in mind that during the days before Valentine, Easter, Mother's Day or Christmas alterations, changes or cancellation of orders cannot be considered.

 

For special orders explicitly made up to the customer's demands cancellations after confirming an order cannot be considered.

 

§ 9 Changes to order data

 

After receipt of your order at JollyFlowers you immediately get a confirmation email. Please read this confirmation carefully. There you will find important data with regard to your order.

 

In case you wish to make alterations to your data given we would like to ask you to return the confirmation email stating the demanded alterations until 9.00 h (a.m.;  GMT+1) of the day before the delivery date. Alterations on a Saturday cannot be considered. This means you can alter the delivery data until one day before the delivery date of your flowers.

 

Your demand of changing the delivery categories of florist- or worldwide-delivery must have reached us at least one hour after receipt of the confirmation email. Such demands of changing and cancellations reaching us at a later date cannot be considered by us anymore.

 

Due to the quick perishableness of the goods return of the goods is excluded!

 

§ 10 Data protection

 

JollyFlowers will raise, store, process and transfer personal data of the customers within the scope of the handling of orders and the use of the My JollyFlowers area.

 

The personal data raised within the scope of the ordering process will be processed and used by JollyFlowers for the purpose of executing the contract and they are passed on to the respective service companies charged with such duties, like e.g. florists or logistics partners. For the purpose of examining address and creditworthiness JollyFlowers will retrieve such personal data stored by the credit agencies mentioned in the following - included are data which are collected on the basis of mathematical-statistical procedures (scoring):

 

 

- Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstraße 18, 22761 Hamburg,

 

- InFoScore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden

 

 

Should negative data come into being within the scope of the business relation which permit reliable conclusions on a customer's insolvency or an unwillingness to pay, such data will be transferred to the credit agencies together with name and address. The credit agencies will provide such data to other companies for examining the creditworthiness should they be able to give evidence of a rightful interest in knowing such data.

 

Of course, JollyFlowers respect and assert all legal regulations with regard to data protection especially to the Bundesdatenschutzgesetz (federal data protection law). The data are in no way transferred to third parties unless this is required for the completion of the order or expressively demanded by the customer.

This websites has implemented Google Analytics, a web analyzing tool of Google Inc. (“Google”). Google Analytics makes use of “Cookies”, text files, which will be stored on your computer and enables to analyze the usage of the website. The information created by the cookie will be send to a Google server, usually in the USA, and stored. In case of activation of an IP-Anonymous-modus on the website, your IP-address will be shortened to keep it anonymous before shared with other states of the EU or other states within the European commercial treaty. Only in a few exemptions will you IP be transferred complete to the US server before shortened.

Google has been instructed by JollyFlowers to use the gained information in order to evaluate the website activities, to create reports about website activities and to support by additional services around website activities and the usage of the internet. All IP address gained by Google Analytics will not be matched with other data from Google. You may stop the usage of cookies at any time by setting preferences at your browser. In this case you may encounter problems to use all functions of the website.

In addition, you may stop the recording of any data about the usage of the website by following the link: ( http://tools.google.com/dlpage/gaoptout?hl=de ) to download and install a browser plugin. Because of the discussion about usage of personal data we point out that our website using Google Analytics works with the extention "_anonymizeIp()" and therefore all IP-identities will be shortened so that no personal relation to any ID address can be traced.

 

§ 11 Additional

 

Changes or additions of the general terms and conditions of trade require written form for their legal validity. This applies also to the contracting out of the statutory written form.

 

The law of  the Federal Repulbic of Germany will be applied for all relations between the contracting parties, under exclusion of the UN sales law.

 

Should you delay your payments we have the right of demanding an interest amounting to 5% (five per cent) in excess of the respective basic interest rate of the European Central Bank (EZB) beginning from the date of delay onwards.

 

If one of the regulation of these general terms and conditions of trade should be or become void, it will not affect the validity of the other regulations (saving clause). The contracting parties commit themselves to replace the ineffective regulation by one, which serves the contract objective economically.

 

Any legal case arising from this contract shall be heard in Hamburg, including claims under a cheque or bill receivables, or cases which concern businessmen, legal entities and special assets of the public law, and customers who do not have any legal venue in Germany.