General Terms of Business

As at 11 November, 2008
§ 1
Validity
These General Terms of Business, or the version prevailing at the time an order is placed, shall apply to all contracts and agreements entered into between florito, hereafter called florito, and its customers, hereafter called the Customer. Where the Customer`s terms deviate from those of florito, they shall become valid only if agreed to in writing by florito.

§ 2
Applicable Law
It is agreed that the legal relationsship between florito and the Customer shall be subject solely to German law to the exclusion of the UN Convention on the International Sale of Goods.

§ 3
Conclusion of Contract and Withdrawal
florito accepts the Customer`s order in accordance with the terms as shown on the Web site. Where errors occur due to typographical errors or computational errors on the Web site, florito reserves the right to withdraw from the contract.

§ 4
Delivery
Unless otherwise stated, delivery is effected exworks directly to the Customer`s stated delivery address. Passing of risk to the Customer occurs at the time the delivery, whether complete or partial, leaves florito`s premises. Unless exceptional circumstances necessitate the agreement and confirmation of a specific delivery date, information given about the anticipated delivery date shall not be binding. The delivery date is deemed to have been met when the ordered goods have left florito`s premises either before or on that date. Delivery delays with occur due to unforeseen circumstances or unavoidable delivery problems on the part of florito`s forwarder or acts of God, strikes, lockouts, etc., shall not be attributed to florito. This shall also apply when such events occur during an already existing delay. The Customer can make no claims against florito for the foregoing reasons. In severe cases, florito shall inform the Customer as soon as possible when such circumstances occur and/or when they have been resolved. Claims of damages arising from nonperformance or for reimbursement of costs incurred because of the delay are limited to the value of the order. florito shall only be required to effect delivery upon receipt of payment from the Customer.

§ 5
Payment and Default
The Customer can effect payment via credit card, cheque or direct debit; payment is only deemed effected when florito has received the amount due. If the Customer fails to pay, florito is entitled to levy default charges at a rate 4 % above the prevailing German Federal Reserve Bank discount rate. In the event that higher damages can be proven, florito is entitled to levy charges in the appropriate amount. This shall not apply where damages occur through gross negligence or willful intent.

§ 6
Offsetting of Claims
The Customer may only assert defects or offset claims, delay payments, or reduce the amount owing when florito has specifically agreed to this in writing or the counterclaims have been validated before the courts.

§ 7
Liability and Warranty
florito reserves the right to either correct defects or replace damaged goods or to make a replacement delivery. In the event that florito is unwilling or unable to replace damaged goods or make a replacement delivery, or if the delivery is delayed beyond a reasonable period and the delay is attributable to florito, the Customer is entitled to withdraw from the contract or claim an appropriate reduction in cost. Unless otherwise stated, the Customer has no entitlement to any further claims against florito regardless of the legal standing. florito accepts no liability for damaged goods themselves. In particular, florito accepts no liability for loss of profit or other material or non-material damage incurred by the Customer. Where florito`s liability is excluded or limited, this shall also apply to its legal representatives, employees and agents. This liability clause shall not apply where damage occurs through gross negligence or willful intent, or where the Customer asserts claims resulting from § 1,4 of the German Product Liability Act (Produkthaftungsgesetz), or claims for warranted defects or liquidated damages for failure to perform in accordance with § 463 and §480, article 2, of the German Civil Code (BGB), or in the event of inability to perform either through lack of resources or other attributable circumstances. In the event that florito is deficient in performance of the contract, the liability for reimbursement of material or personal damages is limited to the damages which can normally be expected to occur.

§ 8
Privacy Act
In accordance with the [Privacy Act] , the Customer has been informed of his rights concerning data protection and consents to florito collecting, processing and using his personal data to enable order processing and execution, e.g. order type, occasion, volume and delivery address, and for registration with the e-mail messaging service for the transmission of an on- line order confirmation.

§ 9
Place of Jurisdiction
The place of jurisdiction for all disputes arising from the interpretation or execution of a contract concluded between florito and the Customer shall be the court of Fulda, Germany, the registered domicile of florito. This shall apply whether the Customer has no legal domicile in Germany, has moved to another country, or if his abode is unknown at the time of petition.