Terms of service

1 Scope
These general terms and conditions of business and delivery (hereinafter "GTC") apply - in the version valid at the time of the conclusion of the contract - for all contractual relationships between adult end consumers within the meaning of § 13 BGB (hereinafter "customers") and Krüger & Moslener GbR , Wielandstraße 29, 10629 Berlin, Germany, owner: Sophia Krüger and Julia Moslener, sales tax identification number DE334898373 (hereinafter “Krüger & Moslener GbR”).

2. Description of services / conclusion of contract
The Krüger & Moslener GbR sells dried flowers, workshops and decorative items in Scandinavian design via the online shop (hereinafter referred to as “shop”). The content on the website of the Krüger & Moslener GbR represent the request for the submission of a binding offer by the customer by means of an order. A contract is only concluded when the order confirmation is sent by Krüger & Moslener GbR about the products listed here or with the dispatch of the goods. The Krüger & Moslener GbR is entitled to remove individual, non-existent products from the customer's order. The customer will be informed accordingly in the order confirmation. A contract for unavailable products is not concluded. Any overpayment by the customer will be immediately notified by the Krüger & Moslener GbR refunded.

3. Product deviations

Since the products are not mass-produced, but partly handcrafted, there may be slight deviations from the articles shown in the shop and in the media (e.g. magazines (online and offline), websites, etc.). The stated values (dimensions, illustrations and other information) are to be regarded as average values. 

4. Prices / shipping costs

The prices quoted include statutory VAT, based on the respective product as described, not related to any accessories shown and excluding shipping costs. The respective shipping costs are shown separately when ordering. Individual products such as Books are price-bound. That means that the Krüger & Moslener GbR a possible price change by the book publisher has to pass on directly to the customer.

5. Minimum order value / delivery
Delivery takes place regularly approx. 1 to 2 working days after receipt of payment at the Krüger & Moslener GbR. The delivery dates given are non-binding estimates and do not justify delivery or service dates. Should be due to circumstances that are not in the risk area of the Krüger & Moslener GbR lie or the Krüger & Moslener GbR If the customer was not aware of any delays in delivery when the customer's order was accepted, the delivery times shall be extended to a reasonable extent. The Krüger & Moslener GbR will inform the customer immediately of any delivery delays.

6. Retention of title
The products remain the property of the until full payment has been made Krüger & Moslener GbR. The customer becomes the Krüger & Moslener GbR Immediately informing them of any changes affecting their liquidity (such as seizures by third parties or the opening of insolvency proceedings against the customer's assets) as well as informing third parties of the reserved property of Krüger & Moslener GbR Clues.

7. Warranty and Guarantee

The statutory warranty claims apply. Warranty claims against the manufacturers of the goods may be shown separately.

8. Liability

The customer is liable for the proper handling of the delivered products until the time of full payment. Otherwise, the statutory provisions apply. The Krüger & Moslener GbR is liable for intentional and grossly negligent acts, for acts of simple negligence only for damage resulting from injury to life, limb or health and for damage resulting from the breach of an essential contractual obligation (i.e. an obligation whose fulfillment is essential for the proper execution of the contract in the first place and on compliance with which the contractual partner - customer - regularly trusts and may trust); in this case the Krüger & Moslener GbR only for the foreseeable and typically occurring damage. The aforementioned regulations apply subject to the fraudulent concealment of a defect, the assumption of a guarantee regarding the quality of the goods. Claims under the Product Liability Act remain unaffected.

9. Cancellation policy
9.1 Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods or - provided that the goods you have ordered as part of a uniform order and the are delivered separately - to which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods or - in the case of a contract for the delivery of goods in several partial shipments or pieces - to which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece.

In order to exercise your right of withdrawal, you must inform us (Krüger & Moslener GbR, Wielandstraße 29, 10629 Berlin - Germany, T +49 (0) 15780520479, hello@rosasgarten.de) by means of a clear declaration (e.g. a letter sent by post or email ) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by e-mail). To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

9.2 Consequences of withdrawal
If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

10. Data protection

The collection, storage and use of personal data via the shop / website of the Krüger & Moslener GbR takes place in accordance with the statutory provisions, in particular the Federal Data Protection Act (BDSG), the Telemedia Act (TMG), the State Broadcasting Agreement (RStV) and the data protection laws of the federal states and the Telecommunications Act (TKG), as far as applicable to the respective contractual relationship. For more information, please refer to the separate menu item "Data protection" in the shop / on the rosasgarten.de website.

11. Copyrights and Rights of Use

The website rosasgarten.de der Krüger & Moslener GbR, their programming and the graphics, logos, photos, texts and the like are protected by copyright. The Krüger & Moslener GbR has received from the authors the all-encompassing and exclusive, temporally and spatially unlimited usage rights. Any publication, duplication, dissemination or other exploitation is therefore only permitted with the express, prior and written consent of Krüger & Moslener GbR allowed.

12. Changes to these terms and conditions
There are no verbal side agreements to these terms and conditions. The Krüger & Moslener GbR reserves the right to change these terms and conditions at any time with effect for the future - in writing or in text form. The formal requirement also applies to the waiver of the same. The basis of the contract is the current version of the General Terms and Conditions. If there are changes, the Krüger & Moslener GbR inform the customer of this and ask for confirmation of the new terms and conditions. If the customer does not confirm this, he is granted a special right of termination with regard to all existing contracts.

13. Miscellaneous / place of jurisdiction / severability clause
The law of the Federal Republic of Germany. The application of the European Sales Law (CISG) is excluded. The place of jurisdiction for all disputes arising from the contractual relationship is - as far as legally permissible - the seat of Krüger & Moslener GbR. Should individual provisions of these terms and conditions be ineffective, this does not affect the effectiveness of the remaining provisions.

General terms and conditions of business and delivery of  Krüger & Moslener GbR, Berlin
Status: January 2021