Terms of Delivery
The Purchaser is entitled to a fourteen-day (14-day) right of withdrawal pursuant to Section 312c in conjunction with Sections 355 and 357 BGB.
Excluded from this are Purchasers engaging in commercial or profes-sional activities upon conclusion of a legal transaction, i.e. Purchasers defined as merchants by Section 14 BGB. The following cancellation policy shall not apply to merchants.
Right of withdrawal:You have the right to withdraw from this contract within fourteen (14) days without specifying any reasons for this. The withdrawal period is fourteen (14) days from the day on which you or any third party named by you who is not the shipper received the delivery of the goods. To exercise your right of withdrawal you must inform us –
W. Kordes‘ Söhne Rosenschule GmbH & Co. KG
25365 Klein Offenseth-Sparrieshoop
Tel.: +49 4121 48700
Fax.: +49 4121 84745
of your decision to withdraw from this agreement by means of a clear state-ment (e.g., a letter sent by post, facsimile or email). You may use the with-drawal form template attached here, although this is not required. In order to meet the withdrawal deadline, it shall suffice to send notification stating that you wish to exercise your right of withdrawal prior to the expiry of the with-drawal period.
Consequences of withdrawal
Should you withdraw from this agreement, we shall refund all payments we received from you, including delivery costs (except for additional costs aris-ing if you select a delivery method that differs from the most cost-efficient standard delivery offered by us) immediately and not later than within a peri-od of fourteen (14) days from the day on which we received notification of your withdrawal from this agreement. We shall use the same payment meth-od for the refund that you selected in the original transaction, unless ex-pressly agreed otherwise with you; under no circumstances shall you be charged a fee for this return payment.
We may withhold the refund until such time as the goods have been returned to us or until you have provided evidence that you have shipped the goods, whichever comes first. You shall ship back or deliver the goods to us without delay and, in any event, not later than fourteen (14) days from the date on which you notified us of your withdrawal from this agreement.
The deadline shall be considered kept if you dispatch the goods before the fourteen-day (14-day) deadline has expired. You shall bear the direct cost of returning the goods. The costs have been estimated at approximately EUR 30.00. You shall only be liable for the potential loss in value of the goods if a test of the condition, characteristics and functioning of the goods shows that the loss in value was due to improper handling on your part.
The withdrawal form template is attached and is also available to down-load and print at
Retention of title
The plants delivered shall remain the Seller’s property until such time as payment of the purchase price has been made in full.
Prohibition on propagation and export ban
The purchase of rose varieties protected by patents and plant variety laws as well as those whose retail brand enjoys trademark protection or those protected by a foreign patent requires that such protected varieties only be re-sold with the original labelling borne by the plant(s) upon delivery. Using the rose plants pur-chased or parts thereof for reproduction purposes is prohibited, as is any further sale of rose plants or rosebuds abroad. In the event of domestic re-sale, the Pur-chaser shall undertake to impose these terms and conditions upon its purchaser as well.
Place of jurisdiction and applicable law
If the Purchaser is a merchant, a legal entity under public law or a spe-cial fund under public law, or if the Purchaser holds no general jurisdiction within Germany, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement, either directly or indirectly, shall be the registered office of W. Kordes' Söhne Rosenschulen GmbH & Co KG.
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The following General Terms of Delivery shall apply to purchase agreements con-cluded by and between
W. Kordes' Söhne Rosenschulen GmbH & Co. KG
25365 Klein Offenseth-Sparrieshoop
AG Pinneberg HRA 23 EL
Ust-ID-Nr. DE 134519782
Geschäftsführer: Wilhelm-Alexander Kordes, Tim-Hermann Kordes, John Vincent Kordes
as the seller (hereinafter referred to as the Seller) and a third-party purchaser (here-inafter referred to as the Purchaser).
These Terms of Delivery shall apply to all current and future business rela-tionships. Deviating, contradictory or supplementary general terms and conditions shall not form not part of this contract, even where knowledge of such exists, unless the validity of the same is expressly agreed in writing.
We have endeavoured to depict all plants as true to life as possible. How-ever, even with the careful use of modern technology, this is not fully pos-sible. As such, the images shall not be deemed characteristic of state in the sense of a guarantee.
Our offers are non-binding. By placing an order, the customer provides a binding offer to enter into a purchase agreement. We are entitled to accept the offer within fourteen (14) days.
If and insofar as any clause should apply exclusively in the course of trade, i.e. in a manner that does not apply to the Purchaser, which is a consumer as defined by Section 13 of the German Civil Code (Bürgerliches Ge-setzbuch [BGB]), we shall make explicit note of this.
Pricing and payment options
Prices are valid at the point of sale and are in EUROS, including the value-added tax applicable at such time as delivery.
At the Purchaser’s discretion, orders may be placed on account, by PayPal or by credit card (Visa/Mastercard) by providing the card number and the dates the card is valid. Credit card orders may only be made by the card-holder themselves. The account shall be debited directly upon placing an order with our shop. Your card details shall be checked but not stored. A PayPal account is required for payments made via the online payment ser-vice PayPal. To register with PayPal, please visit the PayPal website and click “Sign Up”.
Deutsche Bank AG, Hamburg
Cheques and promissory notes shall only be accepted as conditional pay-ment and shall be deemed valid payment only after they have been cashed. Any resulting charges shall be borne by the Purchaser.
Shipping and handling
Goods shall be shipped insured at the Purchaser’s expense.
The costs incurred for packaging and shipping are available for viewing on our website, www.kordes-rosen.com, on the “Dispatch” page. These ship-ping fees generally represent the cost price of shipping.
If the Purchaser is a merchant, the risk of accidental deterioration and loss of goods shall be assumed by the same upon hand-over to the shipper, car-rier or other person or organisation executing dispatch of the goods (Sec-tion 447 Paragraph 1 BGB).
The Seller shall undertake to properly and carefully package certain goods for shipment. The individual delivery items shall be clearly marked.
Obligation to delivery, quality regulations, guarantee
The Seller shall undertake to deliver plants pursuant to FLL (German Re-search Institute on Landscape Development and Landscaping) regulations. The Seller shall not be held liable for damages occurring as a result of im-proper planting, treatment or care.
No guarantee is made as to the growth of plants.
Claims by the Purchaser for reimbursement for damages are excluded. This shall exclude claims by the Purchaser for damages resulting from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages caused by any intentional or grossly negligent breach of duty of the Seller, its legal repre-sentatives or vicarious agents. Furthermore, this shall not affect the liability for the violation of obligations that are essential for the proper fulfilment of the agreement and upon whose observance the customer may normally re-ly. This shall not affect claims against the Seller or third parties under the German Product Liability Act (Produkthaftungsgesetz).