Terms of service

General Terms and Conditions of The Rosarium for online orders

 1 Scope

These General Terms and Conditions apply and are incorporated into your offer by placing your order.

2 Conclusion of contract

By clicking the "PAY NOW" button, the customer submits a binding offer. The contract is only concluded when The Rosarium, owner of Rahmat Sharifi, sends the customer an order confirmation via email within five days. The contract is concluded directly between the customer and The Rosarium, owner of Rahmat Sharifi.

The listing of goods on this website does not constitute a contractual offer, but is merely an invitation to you to submit an offer subject to the conditions presented.

By placing your order, you submit a legally binding offer, which may be accepted by us through conclusive conduct (direct debit, credit card charge, electronic invoice transmission or transmission of the ordered goods).

Immediately after receipt of your order, you will receive an order confirmation in text form, which does not constitute acceptance of your contractual offer, but primarily serves as your information.

3 Order process

You order in our shop where you

4 Service and Warranty

The risk of standard delivery being delayed by one working day is borne by the customer.

The Rosarium assumes no liability for spelling errors in the order.

5 Prices, shipping conditions

1. Prices

2. Shipping conditions

Delivery is handled by our partner DHL during normal delivery hours. Standard delivery is available Monday through Friday from approximately 8:00 a.m. to approximately 7:00 p.m., and on Saturdays between approximately 8:00 a.m. and approximately 4:00 p.m. with our delivery service DHL. Please note, however, that with standard delivery, 95% of packages reach the recipient on the desired date. In exceptional cases (2-5%), delivery may be delayed by 1 to 2 business days. This is beyond our control. Delivery on Sundays and public holidays is generally not possible.

3. Other shipping conditions

In the event that the shipment cannot be delivered due to incorrect address information, a missing recipient name on the doorbell or mailbox, or refusal of acceptance by the recipient, the purchase price plus shipping costs must still be paid. Any loss of quality due to delayed pickup from a neighbor or depot is also the responsibility of the purchaser. In this case, the purchase price plus shipping costs must also be paid.

Our terms and conditions are based on DHL's general terms and conditions.

We'll always get your shipment on time. Because flowers are fresh produce, each shipment is only handed over to DHL one business day before the desired delivery date. The desired shipping method, along with the applicable shipping costs, will be displayed to the customer during the order process.

6 Subject to change

Flowers are seasonal. Due to the possibility of placing orders with us for deliveries weeks or months down the line, it is possible in individual cases that certain flowers may not be available on the delivery date. In such a case, we will inform you and give you the opportunity to change your floral arrangement or, if you wish, cancel the order. Should you not be reachable via your provided contact details or not be reachable in a timely manner, we reserve the right to unilaterally change the scope of delivery. However, we will remain as close as possible to the original bouquet and, if necessary, deliver flowers of higher value and quality.

7 Cancellation policy

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must inform us (Rahmat Sharifi, Horst-Schulmann-Straße 9, 60314 Frankfurt, info@therosarium.mom, telephone: +49 69 90 43 71 43) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. We will bear the cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

Exceptions to the right of withdrawal

Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:

8 returns

We urgently request that you send us your return request in writing. We will then promptly send you a return label, which you can use to return the goods to us without incurring any shipping costs.

§ 8 Obligation to make advance payment / Terms of payment / Consequences of default / Credit check / Retention of title / Prohibition of offsetting

maturity

The purchaser is obliged to pay in advance and the purchase price is due immediately after the order.

Payment terms

Payment can be made by credit card (VISA, MasterCard) and Paypal.

Consequences of default

The customer is responsible for the costs of returning or non-paying a direct debit. This does not affect The Rosarium's further claims for damages. If a reminder from The Rosarium remains unsuccessful, The Rosarium may assign the claim to a debt collection agency.

Retention of title

In any case, the delivered goods remain the property of The Rosarium until the final payment of the purchase price.

Prohibition of offsetting

Set-off by the customer is only permissible if his alleged counterclaim is undisputed, has been legally established or if a legal dispute concerning this claim is ready for decision.

8 Place of jurisdiction and applicable law

The place of jurisdiction for merchants, legal entities under public law, is 60314 Frankfurt am Main. Mutual claims between The Rosarium and persons acting within the scope of their commercial or independent professional activities are subject to the laws of the Federal Republic of Germany.

9 Liability

Liability on the part of The Rosarium, its representatives, and vicarious agents is excluded unless damages are based on gross negligence or intentional breach of duty on their part. This does not apply to the negligent breach of duties whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the contract's purpose, and on whose compliance you, as a customer, regularly rely. In commercial transactions, liability is also limited to the damage typically incurred in transactions of this type.

The above paragraph does not apply to damages resulting from injury to life, body, or health. Any liability under the Product Liability Act remains unaffected.

10 Online Dispute Resolution

Online dispute resolution according to Art. 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (ODR), which you can find here http://ec.europa.eu/consumers/odr/ (link is external).

Our email address: info@therosarium.mom

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Sample cancellation form

(If you wish to cancel the contract, please fill out this form and return it.)

(*) Delete as appropriate.

Frankfurt, January 2017