General terms and conditions for the event sector of FLORIS Status: Jan. 2022 § 1 Scope of application The following general terms and conditions (GTC) apply to all - including future - contracts, deliveries and other services of FLORIS GmbH (hereinafter: FLORIS), Boschweg 7, 12057 Berlin, to its customers (hereinafter: customer). § 2 Exclusivity clause The general terms and conditions of FLORIS Catering GmbH apply exclusively to all business relationships - including subsequent transactions. The customer's general terms and conditions are expressly rejected. This also applies if the customer submits or accepts an offer with reference to the priority validity of its own general terms and conditions or if FLORIS carries out the delivery/service without reservation in the knowledge of conflicting or deviating conditions of the customer. § 3 Placing an order All offers from FLORIS Catering GmbH are subject to change and non-binding. Every order (conclusion of contract) must be confirmed by the customer (client) in writing and is only then considered binding for both parties. All components of our offers are in EURO plus the applicable statutory VAT. § 4 Change of invoice addressee FLORIS Catering GmbH points out that a processing fee of EUR 50.00 will be charged for any changes to the invoice addressee requested by the customer after the contract has been concluded. In addition, the original contractual partner (debtor) remains the same. In addition, default interest will be charged at the permissible rate. § 5 Number of participants The number of participants is shown in the order confirmation. The client can change the number of participants up to 10 calendar days before the event at the latest; the adjustment can deviate by a maximum of 5% from the order confirmation without affecting the agreed remuneration. Information about the change must be sent to FLORIS in writing to be valid. FLORIS Catering GmbH reserves the right to make appropriate price adjustments if the number of participants changes. If fewer participants arrive on the day of the event than registered, the last confirmed number of participants will still be billed. If more participants arrive than last confirmed, the actual number of participants will be charged. § 6 Withdrawal/cancellation by the client/customer FLORIS Catering is aware of the great trust its clients place in the quality and reliability of its services and therefore always wants to achieve the best possible result for its clients/customers and therefore includes this intention in the contract. In order to meet these high requirements and to be able to provide the agreed service in this quality at the time of the event/service provision, FLORIS Catering will carry out extensive work individually tailored to the customer immediately after the contract is concluded at the latest, which represents an essential component of the agreed services, e.g. selection and inspection of the event location, appointment scheduling, bookings and orders, rental of third-party services, etc. For this reason, withdrawal/cancellation free of charge is generally no longer possible after the contract has been concluded. Up to and including 45 calendar days before the day of the event, the client is therefore obliged to pay 50% of the agreed remuneration, up to and including 44 - 11 calendar days 70% of the agreed remuneration and 10 to 3 calendar days 90% of the agreed remuneration and thereafter the full agreed remuneration. The contractual partner is expressly permitted to provide evidence that FLORIS Catering has not suffered any damage at all or that the damage is significantly lower than the above-mentioned flat rate. FLORIS Catering expressly reserves the right to assert a claim for damages that goes beyond the flat rate. The client's declaration of withdrawal/cancellation must be in writing. Submitting the declaration of withdrawal/cancellation by electronic mail (email, WhatsApp, etc.) is not sufficient for the security of both parties and is therefore excluded. It must therefore be sent by post unless FLORIS confirms the withdrawal or cancellation in writing. § 7 Termination by FLORIS FLORIS can terminate the contract extraordinarily if cooperation with the customer is no longer reasonable for FLORIS, in particular if 1. a competent authority or a court prohibits the holding of the event. A prior warning or setting of a deadline, etc. is only necessary if the reason for termination has been eliminated or does not occur and it is reasonable for FLORIS to continue to adhere to the contract. In any case, FLORIS must at least be reimbursed for the costs actually incurred up to that point. 2. the competent authorities and police consider themselves unable to maintain public safety and order based on concrete evidence and the lessor cannot reasonably be expected to hand over the property for this reason; or 3. the necessary official approvals and permits are not available; 4. due payments are not made (without FLORIS losing its claim to the agreed price as a result). If the customer pays later than agreed and FLORIS is still able to deliver, it can demand delivery from the reimbursement of any additional costs incurred due to the delay in payment; 5. the customer does not provide FLORIS with the documents and information required for the execution of the contract, does not provide them in full or does not provide them on time, which are agreed or necessary for on-time delivery or on-site support/service (e.g. gravel access roads, load limits of access routes, distances from the last permitted parking space for the delivery vehicle to the delivery location, lighting, fire protection, escape routes) and delivery at the curb (see Section 9 Paragraph 6) is impossible or unreasonable with regard to FLORIS's property;6. circumstances arise which were unknown at the time the contract was concluded, which endanger the safety of the delivery person on site or which result in occupational health and safety regulations for the safety and health of FLORIS staff not being complied with or cannot be reliably complied with;7. the customer fails to take legally required or officially ordered measures which serve the safety of FLORIS staff (delivery, service, etc.) on site;8. it can be assumed that the event supplied, at which FLORIS logos, equipment or personnel are present, relates directly to political processes in Germany and/or abroad and/or opinions are discussed and/or expressed that are incompatible with basic democratic values and/or the Basic Law of the Federal Republic of Germany and/or have a negative impact on the peaceful coexistence of people in Germany;9. the customer belongs to a banned party and wishes to hold the event in this capacity;10. the customer does not comply with official requirements;11. the customer operates technical systems that are not permitted and that FLORIS personnel may be at risk as a result; § 8 Terms of payment 1. All prices stated are net prices, unless they are expressly marked as gross prices, and are exclusive of statutory taxes. All prices are in euros. Any transfer/payment costs are borne by the customer.2. Our deliveries and services are to be paid for immediately without any deductions upon delivery in cash - if so agreed - or upon receipt of the invoice. In the event of late payment, all other (remaining) claims of FLORIS against the customer arising from the business relationship are immediately due for payment. 3. In the case of a binding order (order confirmation), the customer must pay an advance payment of at least 50% of the total resulting from the order. 4. For a delivery whose turnover is fully calculable, an advance payment of 100% of the total resulting from the order is to be paid. 5. The advance payment is due and payable immediately upon order confirmation; you will receive an invoice for this. FLORIS can request further advance payments/prepayment, with the exception of cases of "untimely" payment. 6. If the advance payment is not paid on time, FLORIS Catering reserves the right, after a reminder, not to provide the agreed service. Services provided by Floris up to that point will be invoiced in accordance with Section 6 of these General Terms and Conditions and are due for payment immediately. 7. The final invoice or the outstanding balance of the final invoice is due immediately without deduction after receipt of the invoice. FLORIS Catering can also make different arrangements in individual cases after prior agreement and recording in text form.8. The customer is also obliged to pay the agreed price if the event or usage plan underlying the order is canceled or terminated or shortened for reasons for which FLORIS is not responsible. This also applies if this occurs due to the lack of a permit, bad weather, lack of visitor interest, due to a pandemic or similar, provided that FLORIS is not responsible for these reasons. Section 6 of these General Terms and Conditions applies accordingly. Section 9 Limitation of Liability 1. No liability is accepted for loss or damage to items brought in by the customer and/or their guests, unless the damage is due to grossly negligent or intentional behavior by FLORIS or its vicarious agents and legal representatives.2. If the buyer is a consumer, FLORIS' liability for slightly negligent breach of duty is limited to the foreseeable, contract-typical, immediate average damage based on the type of service and delivery. This also applies to slightly negligent breaches of duty by employees, workers, representatives or vicarious agents of FLORIS.3. If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, claims for damages are excluded regardless of the type of breach of duty, including tortious acts, unless there is intentional or grossly negligent action.4. In the event of a breach of essential contractual obligations, FLORIS is liable for any negligence, but only up to the amount of the foreseeable damage. Claims for lost profits, saved expenses, from third-party claims for damages and other indirect damage and consequential damage cannot be made unless a quality feature guaranteed by FLORIS is intended to protect the customer against such damage.5. The liability limitations and exclusions in accordance with Section 9 No. 1 - 5 do not apply to claims that have arisen due to fraudulent conduct by FLORIS, as well as liability for guaranteed characteristics, for claims under the Product Liability Act and damages resulting from injury to life, body or health6. Insofar as FLORIS' liability is excluded or limited, this also applies to the personal liability of its employees, workers, staff, representatives or vicarious agents. Section 10 Rental/loan of equipment All equipment provided to the customer, unless it is disposable packaging, is and remains the property of FLORIS. It is provided exclusively to the customer (passing on to third parties is excluded) and only on a rental basis. The customer ensures that the equipment is stored appropriately in a protected environment (weather, access by unauthorized persons). All fees agreed for the provision of equipment are calculated according to calendar days. Unless otherwise agreed, the rental period begins on the day of handover to the customer. Unless the customer agrees to return the equipment to FLORIS' headquarters or another location, FLORIS will collect the equipment from the customer within three working days from the start of the rental period. If the customer does not allow FLORIS to collect the equipment within this period or does not return it within this period despite agreeing to return it to FLORIS' headquarters or another location, the rental period will be extended at a charge under the terms agreed for the rental.The customer must always treat the equipment carefully and with the care normally required in business.In the event of damage, destruction or loss, the customer must reimburse FLORIS for the replacement value of the equipment, i.e. the purchase price that FLORIS must pay to replace the equipment. The customer is expressly permitted to provide evidence that no damage or loss of value has occurred at all or that it is significantly less than the replacement value.After the equipment has been returned, FLORIS reserves a period of seven days to inspect it for damage and loss, starting on the day on which the equipment is returned to FLORIS.The customer undertakes to use the equipment exclusively for its intended purpose and to comply with all recommended protective measures and necessary security precautions against theft and vandalism. From the time the rental items are handed over, the customer is fully liable for theft and damage that is outside of normal use.The rental items are handed over to the customer in proper condition. The customer is obliged to immediately notify FLORIS of any damage or defects and to give FLORIS a reasonable opportunity to repair, improve or replace the items or to carry out a repair or have it carried out according to its instructions, insofar as this is reasonable for the customer. § 11 Location brokerage If the contract includes the rental of premises, the terms and conditions of the location also apply. The contract for the location, as well as invoicing and payment settlement, takes place in direct contact between the customer and the location. FLORIS can also make different arrangements in individual cases after prior agreement and their written record. § 12 Force majeure, weather and external influences, epidemic/pandemic etc. FLORIS is not liable for weather and external influences, restrictions/official/legal orders during an epidemic/pandemic or similar that make it objectively impossible to carry out the order on the agreed date. Section 8 Paragraph 8 of the General Terms and Conditions applies accordingly. FLORIS will endeavor, within the scope of what is economically reasonable for it, at the request of the customer in the cases mentioned after the above reason no longer applies, to hold the event with the customer on an alternative date. However, any additional costs incurred as a result must then be reimbursed by the customer. In the above cases, the customer is not released from the consideration in accordance with Section 326 of the German Civil Code (BGB), but is at least obliged to reimburse FLORIS for the expenses incurred by FLORIS in this regard. The customer is expressly permitted to prove that the expenses were not incurred at all or were significantly lower than those claimed by FLORIS. § 13 Delays FLORIS Catering GmbH cannot be held responsible for any delays, unless the delays are due to the fault of FLORIS. § 14 Music Events with music - whether live music, background music with sound recordings, music playback with a DJ as well as sports broadcasts on large screens or a screen - must be registered with GEMA. This is the responsibility of the customer. If the customer does not comply with this registration obligation, FLORIS is entitled to forward the customer's contact details to GEMA at their request. The same applies to contributions to the artists' social insurance fund. This is also the responsibility of the customer. § 15 FLORIS copyright The copyright law is deemed to be agreed for all event concepts, documents, graphics, lists, drawings and sketches (event documents) created by FLORIS - including at the customer's request. Even if individual parts are not protected by law. § 16 Place of jurisdiction and applicable law The exclusive place of jurisdiction for all legal disputes is the registered office of FLORIS. German law also applies to the execution of foreign orders. Deviating agreements or ancillary agreements to these General Terms and Conditions must be in text form (also possible electronically) and confirmed by the contractual partner in order to be effective. After the contract has been concluded and before the event has taken place, verbal deviating agreements are also permissible, provided that they have been confirmed in text form by email. Special general business agreements for web shop deliveries from FLORIS Status: Jan. 2022 1.) Age restrictions If an order includes goods whose sale is subject to age restrictions, FLORIS ensures that the purchaser has reached the required minimum age by using a reliable procedure that includes a personal identity and age check. The deliverer will only hand over the goods after the age check has been carried out and only to the purchaser personally. 2.) Packaging/Disposal The customer chooses the type of packaging and presentation of the ordered goods, unless FLORIS expressly specifies this as mandatory. The additional fees shown in the respective offer apply. If the customer chooses disposable packaging, he undertakes to properly dispose of the packaging materials supplied by FLORIS at his own expense. If the customer chooses packaging materials that FLORIS picks up again, these are rented by the customer and must be returned to FLORIS. 3.) Customer materials If FLORIS customer materials are to be used or utilized as part of the delivery and service provision, the customer must ensure that they are delivered to FLORIS' headquarters on time at his own expense. The customer must collect unused or reusable customer materials from there within one week of completion of the services. After this period has expired, FLORIS is entitled to have the customer materials properly disposed of at the customer's expense. 4.) Delivery and shipping costs For delivery or shipping to a delivery address, the additional costs shown in the respective offer apply. For changes to the content and/or changes to delivery or billing addresses for orders already placed, a fee of EUR 8.00 will be charged. 5.) Delivery liability/withdrawal If a sub-supplier does not deliver to FLORIS or does not deliver on time, FLORIS is released from the obligation to deliver on time and in full, provided that this is not due to FLORIS' fault. If FLORIS is unable to deliver the ordered goods or provide the service through no fault of its own because a hedging transaction was concluded with a supplier to supply the customer and the supplier then does not fulfill its contractual obligations, FLORIS is entitled to withdraw from the contract with the customer. In this case, FLORIS will inform the customer immediately about the lack of delivery. If the purchase price has already been paid, it will be refunded immediately. If the buyer provides an incorrect or incomplete delivery address and delivery of the goods is therefore not possible, he must compensate FLORIS for the damage caused by this, which includes in particular the costs of return. The same applies if the delivery of the goods is made considerably more difficult as a result of providing an incorrect or incomplete delivery address. In this case, the buyer must compensate FLORIS for the damage caused by this, which may include in particular the costs of determining the address or further delivery. 6.) Delivery dates, delivery difficulties Information on delivery or service times are only to be understood as approximate dates and not fixed dates. Binding delivery or service dates (fixed dates) must be expressly designated as binding or fixed. FLORIS is obliged to make an attempt to deliver or to deliver. Additional attempts or waiting times must be paid for appropriately by the customer.Combined order items (e.g. food boxes) and wine vintage changes / product imagesCombined items are always packaged for postal delivery. The gifts are only openly decorated upon express request when picked up in person and when sent by the in-house delivery service.FLORIS reserves the right to replace individual products with similar goods of the same quantity if the originally intended goods are not available. Vintage changes are possible for wines. Furthermore, it may happen that decorative items are shown in product images; these are only to be seen as decoration and are not included in the scope of delivery of the ordered item.Technical and design deviations from descriptions and information in brochures, catalogs, other written documents or in the FLORIS web shop that are reasonable for the customer, as well as model, content and material changes in the course of technical progress are reserved. The customer has no claims in the event of reasonable deviations that do not endanger the purpose of the contract. 7.) Weight information Weight information is a guideline from FLORIS' recipes. Since FLORIS works with fresh foodstuffs, weight information can naturally deviate upwards or downwards. 8.) Transfer of risk and defects The risk is transferred to the buyer as soon as he has taken possession of the purchased items and is in default of acceptance. In the case of perishable goods, FLORIS will only be able to process complaints quickly and unbureaucratically if the buyer makes them immediately after discovering the defects so that FLORIS can check whether they are justified. In the case of wine, natural excretions such as crystals, tartar or deposits do not constitute deviations from the contractually agreed scope of performance and therefore do not constitute defects. Changes in vintage, incorrect information on prices or confusion of images are reserved. The customer must immediately check each delivery for external integrity. Externally visible transport damage must be reported immediately to the driver or delivery person. FLORIS cannot accept responsibility for any visible transport damage that is subsequently claimed. The customer must therefore check the goods immediately after delivery to ensure that they are free of defects and complete and report any defects discovered in writing immediately. If the customer fails to inspect or report defects in a timely manner, the delivered goods are deemed to have been approved, unless the defect was not apparent during the inspection. Hidden defects discovered later must be reported within 14 days of becoming aware of them; otherwise the goods are deemed to have been approved with regard to these defects. The notification of defects must be made in writing and the defect complained of must be described precisely. 9.) Retention of title All deliveries and services are subject to retention of title. The delivered goods remain the property of FLORIS until the purchase price and all other claims of FLORIS against the customer from the current business relationship have been paid in full (in the case of payment by check until they have been cashed). FLORIS retains title to the delivered goods (reserved goods) until all claims to which FLORIS is entitled from this legal transaction against the buyer have been settled. The buyer may not sell the reserved goods or otherwise dispose of ownership of them. 10.) Remuneration, prices, payment terms All prices stated are net prices, unless they are expressly marked as gross prices, and are subject to statutory taxes. All prices are in euros. Any costs of transfer/payment are borne by the customer. When ordering via the web shop, the customer only has the payment options shown under the menu item "Pay", whereby FLORIS expressly reserves the right to reject a payment method selected by the customer in the contract offer. With the exception of the payment model on invoice, FLORIS's remuneration is due upon conclusion of the contract, i.e. the customer is obliged to pay the remuneration in advance. If the customer does not order via the web shop, payment in advance (transfer) is generally agreed, whereby FLORIS's remuneration is due upon conclusion of the contract, i.e. the customer is obliged to pay the remuneration in advance and payment must be received up to three working days before the planned delivery date.