(2) Unless agreed otherwise in writing the selling price as well as the shown costs of delivery without deduction which are owed by you are immediately due after receipt of our invoice. The sending of invoices is exclusively done by email and can only be sent by mail after prior agreement with us.

(3) Should you be delayed with your payment we have the right of demanding an interest amounting to 5% (five per cent) in excess of the respective basic interest rate of the Europaische Zentralbank (European Central Bank / EZB) starting from that date on. We therefore reserve the right of giving proof of a higher claim's amount.

§ 3 Terms of delivery and service

(1) Our times and periods of delivery are expressively not binding unless they are agreed otherwise as expressively 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 logistics 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 liabilitys 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 postal address within Germany. 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 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 packet services 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.

(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 bank or by Paypal. The payment is regarded as transferred by receipt of the sales price at JollyFlowers. Customers from foreign countries can 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 payment by direct bank 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 Europaische Zentralbank (European Central Bank / EZB). We also reserve the right of proving a higher claim's amount.

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

The fourteen day right of return coming from § 312 BGB (German Civil Code) is not applicable for the products delivered by us because these are perishable goods which legislature excludes from this regulation.

Return of the goods is excluded due to the fast perishableness of the flowers!

In case of cancellation in due time (until 9.00 h of the previous day (Monday to Friday) of the delivery date at latest) or in case of retreating from an order the remittance of the repayable amount is always due until the first date of the following month.

Please take into consideration that only consumers are entitled to this right of withdrawal!

§ 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 your ordering 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.) 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.

§ 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.

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.