Terms and Conditions
Terms and Conditions of Specialist Flower Shops
- 1 Form of the regulations
Deliveries, services and offers of the specialist flower shop are solely made on the basis of the uniformly applicable “Terms and Conditions of Specialist Flower Shops”. Agreements diverging or supplementing these conditions are to be made in written form. Should individual provisions of these uniform conditions be invalid, this does not affect the liability of the other regulations and contracts closed on their basis. The invalid provision must be replaced by a valid one coming closest to its content and rationale.
- 2 Conclusion of contract
Written offers by the specialist flower shop may only be accepted immediately unless a longer commitment has been agreed. Collateral agreements must exclusively be made in written form.
- 3 Prices
The prices of the specialist flower shop are understood to include the value added tax at the applicable rate. Additional services beyond the actual sale of plants and flowers require separate remuneration; this concerns for example delivery, dispatch, extra accessory parts, special packaging, changes of wreaths, materials, arrangement in a third place, etc.
- 4 Maturity
Deliveries of the specialist flower shop must immediately be paid in cash unless a term of payment has exceptionally been agreed. Cheques and bills of exchange are only accepted on account of payment.
- 5 Delivery period and risk assumption
Goods ordered in advance must be delivered and accepted on the agreed day. The specialist flower shop may deliver orders for Sundays and holidays one day in advance. If the customer is not available on the day before the agreed delivery date, the pre-ordered goods are delivered on the agreed date. The customer shall bear all dispatch costs and risk. The specialist flower shop is not liable if the delivery address is illegible, incomplete or incorrect. If accessories provided by the customer are damaged or destroyed, the specialist flower shop is only liable in the case of gross negligence or willful intent.
- 6 Warranty and liability
- If the customer has preordered goods, the flowers and respectively plants delivered may differ from the plants viewed by customers in structure and color in so far as this is customary in the trade unless a special agreement has been made regarding variety and/or plants.
- If the delivered goods are deficient or lack warranted characteristics, the specialist flower shop has the right to deliver a substitute of their choice or make improvements. If the improvement or the substitute delivery fails, the customer is entitled to demand a price reduction or withdraw from the contract.
Obvious defects must be communicated by the specialist flower shop immediately and no later than 48 hours after delivery, preferably in written form. The defect goods must be kept in the condition at the time the defect was found and held ready for inspection by the specialist flower shop. In case of non-compliance with this condition, the specialist flower shop does not offer any warranty. The reversal of the burden of proof according to § 924 of the Austrian General Civil Code (ABGB) is excluded. Towards customers who are consumers in the sense of the Consumer Protection Act (KSchG) all legal warranty regulations apply.
- The specialist flower shop is not obliged to indemnify the customer in case of non-compliance with the care instructions.
- Damages claims resulting from the impossibility of performance, failure to perform, positive violation of contractual duty, culpa in contrahendo and tort are excluded unless the damage was caused intentionally or through gross negligence. The damaged party, unless they are a consumer in the sense of the Consumer Protection Act, have to prove gross negligence.
- Potteries delivered by specialist flower shops can, due their natural porosity, allow for a certain degree of water absorption; they are not to be defined as watertight, but as more or less impermeable to water. This is why the specialist flower shop cannot indemnify damages resulting from the customer’s failure to install additional overflow vessels, water collection vessels or similar watertight vessels.
- 7 Retention of title
All goods remain the property of the specialist flower shop owner until complete payment.
- 8 Place of performance
Place of performance is the head office of the specialist flower shop.
Issued by the Federal Guild of Gardeners and Florists in March 2003.
Terms and Conditions for Cemetery Gardening Works
- Adherence to cemetery regulations
All gardening works at the cemetery must be carried out professionally according to the regulations of the locally applicable cemetery regulations and possible legal regulations.
- Nature and scope of gardening works
The nature and scope of the gardening works (planting, grave maintenance) depend on individual agreements. In case of doubt, they follow the local conditions (location, climate, season, soil condition, location on shady or sunny side, etc.) which the gardener shall take into consideration based on professional aspects.
For the following services, which are always invoiced separately, a special order is needed in any case:
- Removal of excess soil
- Filling in the grave with soil
- Delivery of plant soil upon redesign of the grave (e.g. after funeral)
- Laying panels
- Delivery of gravel and similar materials
- Winter protection of plants
- Works on the occasion of funerals (e.g. grave decoration, delivery and removal of funeral wreaths etc.)
- Other works beyond the usual planting and maintenance works (e.g. cutting, cleaning out or removing larger trees, hedge and rose trimming, installment of protective grating, pest control, soil fertilization and improvement, remediation of damage caused by third parties)
- Temporary removal of plants from the grave upon request of the customer or order of the cemetery administration
- Laying a new lawn
The cemetery gardener does not assume liability for damages to the grave, tombstones, tomb equipment and decoration (grave vases, clay bowls, grave lanterns, plants, inscriptions, sinking soil, damage through drought, frost, hail, storm, heavy rain, deer, animal or plant parasites etc.) not caused by gross negligence or intent, force majeure or third parties.
The cemetery gardeners grant warranty for their works within the scope of legal regulations, taking account of the following:
- Warranty for the growth of new plants is only granted if the planting order is commissioned together with grave maintenance.
- If the customer is informed prior to the start of the works that the success of the ordered works is uncertain due to reasons which are not within the sphere of influence of the cemetery gardener (unfavorable location of the grave, shady location, soil that is inadequate or difficult to process, etc.) the customer bears the risk that the works nevertheless ordered fail and the cemetery gardener does not grant any warranty or assume liability in case of failure of the works.
- In case of a defect whose remediation is possible and within the sphere of responsibility of the cemetery gardener, they have the right to remedy the defect within a reasonable period of time under exclusion of any claims to price reduction or other warranty claims by the customer.
- Terms of payment
- Cemetery gardening works are invoiced in advance for the current year, respectively season.
- Invoices are due for payment one month from the invoice date without discount and postage charges.
- After expiry of the one-month deadline, default interest and proportional dunning costs shall be charged.
- Payments received are always allocated to settle the oldest payable account at the time of payment.
- Standing orders
Standing orders issued for an indefinite period may be cancelled by 31 June and 31 December of each year, subject to a period of notice of three months. Contracts agreed for a limited period of time are automatically renewed for a further year provided that the contractor is expressly informed about this no later than one month prior to the expiry of the contract and provided that they have not expressly given notice that they do not agree to the renewal of the contract by the original date of expiry of the contract.
The same applies to contracts that only provide for cemetery gardening works during certain seasons of the year; such seasonal contracts shall be considered as renewed for the same season of the respective following year. In this case the customer’s notification of termination is due no later than one month prior to, respectively by the agreed date of the beginning of the works.
The selection of plants for the seasonal rotational planting is made – except if otherwise stipulated – by the cemetery gardener depending on the local conditions. The planting (seasonal rotation planting, lawn, ground cover) is carried out as allowed, respectively required by the natural and weather conditions and the workload they entail.
The following planting periods are usual under normal climate conditions:
Spring flowers: April to Mother’s Day
Summer flowers: after the Ice Saints (ca. from 15 May)
Autumn flowers: October to All Saints’ Day
Winter decoration: All Saints’ Day to Christmas
- Grave maintenance
Grave maintenance is performed with highest horticultural care. The gardening work involves: weed control, cutting plants and lawn according to professional aspects, cleaning the burial site, watering as required by the local conditions and professional considerations (during the season). The work does not involve laying a new lawn as may be technically required (generally every 3 years) because this requires a separate order.
Issued by the Federal Guild of Gardeners and Florists in Cooperation with the Consumer Information Association.