Terms of service
GENERAL TERMS AND CONDITIONS (AGB)
The Rosarium – Flower Delivery & Floristry Services
1. SCOPE
These General Terms and Conditions apply to all orders placed through the online shop of The Rosarium Inh. Rahmat Sharifi and to all associated deliveries and services.
Any deviating terms and conditions of the customer are not accepted unless their applicability has been expressly agreed to in writing.
2. CONCLUSION OF THE CONTRACT
The presentation of goods in the online shop does not constitute a legally binding offer, but a non-binding invitation to place an order.
By completing the ordering process by clicking the “Pay now” button, the customer submits a binding offer to conclude a purchase contract.
The contract is concluded only upon express order confirmation or dispatch of the goods.
3. PRODUCTS AND NATURAL VARIATIONS
Flowers and plants are natural products. Variations in colour, stage of bloom, size, shape or packaging are reserved.
Seasonal or short-term unavailability of individual flowers or decorative elements entitles The Rosarium to use substitute products of equal or higher value.
Product images are examples for illustrative purposes only.
4. DELIVERY AND PARTNER FLORISTS
Delivery is carried out either:
• by our own drivers,
• by external shipping service providers,
• or by local partner florists and cooperation partners.
The Rosarium is entitled to pass orders, in whole or in part, to regional partner florists or external delivery services.
The customer expressly agrees to this method of performing the contract.
5. DELIVERY TIMES AND REQUESTED DATES
Stated delivery dates and time slots are requested dates and are non-binding unless expressly guaranteed in writing.
Particularly on high-volume days such as:
• Mother's Day,
• Valentine's Day,
• Christmas,
• international public holidays,
• or regional peak periods
delays may occur despite careful planning.
Liability for late deliveries due to:
• traffic,
• weather,
• a high volume of orders,
• technical problems,
• or delays by external service providers
is excluded unless there is gross negligence or intent.
6. OBLIGATIONS OF THE CUSTOMER AND RECIPIENT
The customer is obliged to provide correct and complete delivery information.
This includes, in particular:
• the recipient's full name,
• the correct address,
• a working telephone number,
• and any necessary additional information.
The recipient must be reachable on the delivery date and enable acceptance of the delivery.
7. UNSUCCESSFUL DELIVERY ATTEMPT / DELAY IN ACCEPTANCE
If the delivery cannot be made due to circumstances for which The Rosarium is not responsible, the delivery attempt is nevertheless deemed to have been duly carried out.
This applies in particular in the event of:
• the recipient's absence,
• inability to contact the recipient,
• the recipient's name being absent from the doorbell or letter box,
• refusal to accept the delivery,
• incorrect address details,
• lack of access to the building,
• or other obstacles to delivery.
In these cases, there is no entitlement to reimbursement of the purchase price or shipping costs.
Redelivery is possible only by separate agreement and subject to additional delivery charges.
8. LEAVING DELIVERIES, DELIVERY TO NEIGHBOURS AND SUBSTITUTE DELIVERY
The Rosarium and appointed partners and delivery services are entitled to leave deliveries:
• with neighbours,
• at reception desks,
• at receiving points,
• in a protected entrance area,
• or at comparable suitable locations
provided that this appears reasonable in the circumstances.
The delivery is deemed completed once it has been handed to a person authorised to receive it or left in a suitable location.
9. FRESH GOODS AND EXCLUSION OF THE RIGHT OF WITHDRAWAL
The products offered are predominantly perishable fresh goods and individually made goods.
Accordingly, pursuant to § 312g Abs. 2 Nr. 2 BGB, there is no right of withdrawal in particular for:
• goods liable to deteriorate rapidly,
• individually made bouquets,
• personalised products,
• custom-made products,
• or arrangements composed at the customer's request.
10. COMPLAINTS
Obvious transport damage or quality defects must be reported without undue delay, and no later than 24 hours after delivery, together with suitable evidence.
Later complaints cannot be considered due to the perishable nature of the goods.
Natural changes in flowers and plants do not constitute a defect.
11. PAYMENTS
Payment is made exclusively in advance using the payment methods offered in the shop.
The Rosarium reserves the right to exclude individual payment methods.
12. PAYPAL, CREDIT CARD AND CHARGEBACK CASES
In the event of unjustified payment reversals, chargebacks or buyer protection claims despite proper performance, The Rosarium expressly reserves the right to enforce the claim through legal proceedings.
Evidence of performance includes, in particular:
• shipping data,
• partner confirmations,
• delivery status,
• internal delivery documentation,
• driver information,
• evidence of communications,
• or electronic shipping notifications.
Photographic documentation is not mandatory.
13. LIABILITY
The Rosarium has unlimited liability only in cases of intent and gross negligence.
In cases of ordinary negligence, The Rosarium is liable only for a breach of material contractual obligations and is limited to the foreseeable loss typical of the contract.
Liability for:
• late deliveries,
• changes in quality due to natural characteristics,
• weather-related effects,
• or errors by external service providers
is excluded to the extent permitted by law.
14. FORCE MAJEURE
Events of force majeure entitle The Rosarium to postpone deliveries for a reasonable period or withdraw from the contract.
These include, in particular:
• natural events,
• strikes,
• pandemics,
• transport disruptions,
• official measures,
• technical faults,
• or unforeseeable shortages.
15. RETENTION OF TITLE
The goods remain the property of The Rosarium until payment has been made in full.
16. PLACE OF JURISDICTION AND APPLICABLE LAW
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (UN-Kaufrecht).
To the extent permitted by law, the place of jurisdiction for merchants and legal entities is Frankfurt am Main.
17. ONLINE DISPUTE RESOLUTION
The European Commission provides an online dispute resolution platform:
http://ec.europa.eu/consumers/odr/
The Rosarium is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.
Last updated: January 2026