§1. Drafting of the conditions
deliveries, services and offers of the flower shop take place exclusively on the basis of the uniformly applicable “General Terms and Conditions of the flower shop”. Agreements that deviate from or are supplementary to these terms and conditions must be in writing. Should individual provisions of these ‘Standard Terms and Conditions be ineffective, this does not affect the binding nature of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision is to be replaced by an effective one that comes as close as possible to the purpose.
§2. Written offers
from the flower shop can only be accepted immediately, unless a longer commitment has been agreed. Subsidiary agreements can only be agreed in writing.
The prices of the flower shop include the applicable sales tax. Additional services that go beyond the actual sale of plants and flowers are to be paid for separately, i.e. deliveries, shipping, extra work, special packaging, cards, changes to containers, materials, arranging at a third location, etc.
§4. Maturity Deliveries
to the flower shop are to be remunerated immediately in cash, unless a payment term has been agreed in exceptional cases. Checks or bills of exchange are only accepted for payment.
§5. Pre-ordered goods
must be delivered and accepted on the agreed day. For orders for Sundays and public holidays, the flower shop is entitled to deliver the goods the day before. If the customer is not found the day before, the flower shop will deliver the pre-ordered goods on the agreed day. Every dispatch or delivery takes place at the expense and risk of the customer. The flower shop is not liable for illegible, incomplete or incorrect delivery address. The flower shop is only liable for accompanying goods provided by the customer in the event of grossly negligent or willful damage or destruction.
§6. Warranty and liability
(1) If the customer has ordered goods in advance, the flowers or plants supplied may differ in structure and color from the plants viewed, insofar as this is customary in the trade, unless a special agreement has been reached on the variety and / or plant.
(2) If the delivered goods are defective or lack guaranteed properties, the flower shop is initially entitled to choose to deliver or repair the customer. If the reworking or the replacement delivery fails, the customer can either request a price reduction or withdraw from the contract
(3) Obvious defects must be reported to the florist immediately, at the latest within 48 hours after delivery, if possible in writing. The defective goods must be kept in the condition in which they were at the time of the defect for inspection by the flower shop. A breach of the above obligations excludes any guarantee from the flower shop. The reversal of the burden of proof acc. § 924 ABGB is excluded. The statutory warranty regulations apply to customers who are consumers within the meaning of the KSchG.
(4) The flower shop does not provide a replacement for non-compliance with care instructions.
(5) Claims for damages from impossibility of performance, due to non-performance, from positive breach of claim, from fault at the conclusion of the contract and from unlawful acts are excluded, unless the damage was caused intentionally or through gross negligence. Unless it is a consumer, gross negligence must be proven by the injured party.
(6) Ceramics supplied by flower shops can have a certain water absorption due to their natural porosity; they are not to be described as waterproof, but as more or less impermeable. The flower shop can therefore not compensate for damage caused by the customer failing to set up additional overflow vessels, water collecting trays or similar watertight containers.
§7. Retention of title
All goods remain the property of the florist until full payment is received.
§8. The place of fulfillment
is the seat of the flower shop.
Published by the Federal Guild of Gardeners and Florists in March 2003.