General Terms & Conditions
Please note: this English text is a convenience translation. Only the German version is legally binding.
1. Scope
These general terms and conditions apply to all contracts between Lilac & Bergamot – floristry studio (hereinafter “Contractor”) and the customer regarding the regular delivery of floral arrangements and other floristic services, unless expressly agreed otherwise.
2. Scope of services
The design, delivery and care of the floral arrangements takes place by arrangement within an agreed delivery interval (e.g. weekly). The type, scope and frequency of deliveries result from the respective offer or contract. The Contractor reserves the right to adapt materials, colours and forms in line with seasonal conditions and artistic freedom.
3. Artistic freedom of design
The floral design is carried out at artistic discretion and taking the spatial conditions into account. Deviations in form, colour or material compared to sample images are possible and do not constitute a defect.
4. Loan of vessels and materials
As part of the floral design, vases, vessels and decorative elements (loan material) are provided on loan. Ownership of these items remains with the Contractor. The customer undertakes to treat the loan material with care, to leave it in the agreed area and to report damage or loss immediately. Damage to or loss of the loan material will be invoiced to the customer at replacement value. On termination of the contractual relationship, all loan material must be returned complete and undamaged.
5. Retention of title
Delivered floral works and materials remain the property of the Contractor until full payment. For subscription or ongoing deliveries, all loan vessels remain the property of the Contractor.
6. Prices and payment terms
The agreed prices are final prices. VAT is not shown in accordance with § 19 UStG (small-business regulation).
For orders with a total value over 250 euros, a deposit of 50 % of the order sum is due immediately upon order confirmation. The remaining amount is payable after delivery or performance within 7 days without deduction.
Unless otherwise agreed, monthly invoicing applies to ongoing subscription services. The Contractor reserves the right to suspend further delivery in the event of late payment until payment is received.
7. Delivery terms
Deliveries take place according to the cycle specified in the offer or contract. The Contractor is entitled to adjust the timing of deliveries in exceptional circumstances (e.g. material shortages, weather conditions). A one-off postponement or pause by mutual agreement is possible.
8. Liability
The Contractor is liable only for damage based on intentional or grossly negligent conduct. No liability is accepted for slightly negligent breaches of duty, unless they concern the breach of essential contractual obligations. No liability is accepted for damage to provided surfaces, furniture or fittings, unless caused by gross negligence.
9. Contract term, intervals and termination
The contract term is based on the individual agreement between the Contractor and the customer. Unless otherwise agreed, the minimum term for regular delivery or design subscriptions is three months.
Delivery intervals (e.g. weekly, fortnightly or monthly) and possible delivery pauses can be individually agreed and adjusted by mutual consent. A temporary pause (e.g. for company holidays or seasonal breaks) is possible provided it is announced at least two weeks in advance.
The contract may be terminated in writing with four weeks’ notice to the end of the month. The right to terminate without notice for good cause remains unaffected.
10. Final provisions
German law applies. The place of jurisdiction is Berlin, as far as legally permissible. Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.
Contact
Lilac & Bergamot – floral studio
David Eckelmann
Berliner Allee 121 · 13088 Berlin