GTC

<p><strong>General Terms and Conditions</strong></p>

General Terms and Conditions

1. scope of application

The following GTC apply to all orders placed via our online store by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2 Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with Pflanzentheke GmbH.

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you submit a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.

We will accept your offer within two days by

  • we issue a declaration of acceptance in a separate e-mail or
  • if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The execution time of the payment transaction depends on the selected payment method (see “Payment”).

The relevant alternative for you depends on which of the events listed occurs first.

3. contract language, contract text storage

The language(s) available for the conclusion of the contract: German

We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login.

4. terms of delivery

Shipping costs will be added to the indicated product prices. You can find out more about the shipping costs in the offers.

We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.

We do not deliver to packing stations.

5. payment

The following payment methods are available in our store:

Prepayment
If you choose to pay in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
Enter your credit card details during the ordering process. Your card will be charged immediately after you place your order.

SEPA Direct Debit Scheme
By submitting the order, you issue us with a SEPA direct debit mandate. We will inform you of the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and December 24 and 31 of each year. The account will be debited before the goods are dispatched.

PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process.

PayPal can offer registered PayPal customers, selected according to its own criteria, additional payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.

giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M. (“giropay” or “paydirekt”), we offer the payment methods giropay and paydirekt.

giropay
In order to be able to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.

paydirekt
In order to be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, legitimize yourself with your access data and confirm the payment instruction.

6. right of withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. reservation of title

The goods remain our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. transportation damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

9 Warranty and guarantees

9.1 Liability for defects

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in the event of intentional or grossly negligent breach of duty and fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, if agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

Restrictions vis-à-vis entrepreneurs

In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Regulations for merchants

The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

9.2 Warranties and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.

10. liability

We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health,
  • in the event of intentional or grossly negligent breach of duty,
  • for guarantee promises, if agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. code of conduct

We have subjected ourselves to the following codes of conduct:

12. dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.