General terms and conditions of contract

§ 1 Scope and provider

1. These General Terms and Conditions apply to all orders you place in the online shop for
tropical plants
Managing Director: Stemmler
.

2. The range of products in our online store is aimed exclusively at buyers over 18 years of age.

3. Our deliveries, services and offers are carried out exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed upon again. The inclusion of general terms and conditions of the customer that contradict our general terms and conditions of the customer is expressly prohibited.

4. The language of the contract shall be exclusively German.

5. You can access and print the General Conditions currently in force on the
website [provide link]
.

§ 2 Conclusion of the contract

1. The presentation of products in the online shop does not constitute a binding offer to conclude a sales contract, but rather a non-binding invitation to order products in the online shop.

2. By clicking on the ["Place order and pay" / "Buy"] button, you submit a binding offer to purchase (§ 145 BGB).

3. After receiving the purchase offer, you will receive an automatically generated email confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. Confirmation of receipt does not constitute the conclusion of a contract.

4. The contract of sale of the goods will only be concluded when we expressly declare the acceptance of the purchase offer (order confirmation) or when we send the goods to you, without prior express declaration of acceptance.

§ 3 Prices

The prices indicated on the product pages include VAT and other price components and do not include the respective shipping costs. You can find further information on shipping costs on our website under ["Shipping information" / "Delivery terms"] .

§ 4 Payment terms; delay

1. Payment can be made by:
advance invoice,
cash on delivery,
credit card,
Paypal or
direct debit.

2. We are responsible for selecting the payment methods available at any given time. In particular, we reserve the right to offer you only selected payment methods, for example, only advance payment to protect our credit risk.

3. If you choose to pay in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.

4. If you pay cash on delivery, an additional fee of [X] EUR will be charged, which the delivery person will collect on the spot. There are no additional costs or taxes.

5. When paying by credit card, the purchase price will be reserved on your credit card at the time of placing the order (authorization). Your credit card account will be effectively charged when we send the products to you.

6. When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your access data and confirm the payment instruction to us. After placing your order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction will be automatically carried out by PayPal immediately afterwards.

7. When paying by direct debit, you may be required to bear costs arising as a result of a payment transaction being returned due to insufficient funds in your account or due to incorrect bank details provided by you.

8. In the event of a default on payment, you will be liable for statutory default interest equal to 5 percentage points above the base interest rate. For each reminder letter we send you after the default has occurred, you will be charged a reminder fee of EUR 5.00, unless lesser or greater damages can be proven in individual cases.

§ 5 Compensation/Right of retention

1. You will only be entitled to offset if your counterclaim has been legally established, has not been contested or acknowledged by us or is in a close synallagmatic relationship with our claim.

2. You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery; retention of title

1. Unless otherwise agreed, the goods will be delivered from our warehouse to the address you have provided.

2. The goods remain our property until the purchase price has been paid in full.

3. As an exception, we are not obliged to deliver the ordered goods if we have ordered the goods ourselves correctly but have not delivered them correctly or on time (consistent hedging transaction). The prerequisite is that we are not responsible for the unavailability of the goods and that we have informed you of this fact immediately. In addition, we may not have assumed the risk of acquiring the ordered goods. If the goods are not available, we will immediately refund any payments you have already made. We do not assume the risk of having to acquire the ordered goods (procurement risk). This also applies when ordering goods that are only described by their type and characteristics (generic goods). We are only obliged to deliver goods from our inventory and those that we have ordered from our suppliers.

4. If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following additionally applies:

We reserve ownership of the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer of ownership as security is not permitted before the transfer of ownership of the reserved goods.

You may resell the goods in the ordinary course of your business. In this case, you hereby assign to us all claims in the amount of the invoice amount arising from the resale. We accept the assignment, but you are entitled to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to collect the claims ourselves.

If reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

We undertake to release the collateral to which we are entitled upon request, to the extent that the realizable value of our collateral exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 7 Cancellation policy

If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. if you are making a purchase for purposes that cannot predominantly be attributed to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions.

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will be fourteen days from the day on which you or a third party designated by you, other than the carrier, acquires possession of the goods.

To exercise your right of withdrawal, you must contact us

Company: [.........]
Address: [.........]
Email: [.........]
Telephone: [.........]
Fax: [.........]

by means of a clear statement (for example a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, although its use is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of this right of cancellation before the cancellation deadline has expired.

consequences of revocation

If you cancel this contract, we will reimburse all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), as soon as possible and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless something different has been expressly agreed with you; under no circumstances will you be charged any fees for this reimbursement.

We may refuse reimbursement until we have received the goods back or you have supplied evidence that you have sent back the goods, whichever is the earliest.

You must return or deliver the goods to us or [if applicable] immediately and in any event not later than fourteen days from the date on which you notify us that you have withdrawn from this contract. Name and address of a person authorised by you to receive the goods] to return or deliver the goods. The deadline will be deemed to have been met if you send the goods before the fourteen-day period has expired.

You will bear the direct cost of returning the goods.

You will only have to pay for the loss in value of the goods if this loss in value is due to the handling of the goods other than what is necessary to check their quality, properties and functioning.

Sample cancellation form

If you wish to cancel the contract, please complete this form and send it back.

TO

Company: [.........]
Address: [.........]
Email: [.........]
Fax: [.........
] I/we (*) revoke the contract concluded by me/us (*) for the purchase of the following product (*): [.........]
Ordered on (*)/Received on (*): [.........]
Name of consumer(s): [.........]
Address of consumer(s): [.........]

Signature of consumer(s) (only if the notice is on paper)

Date [.........]

(*) Delete what does not apply.

End of cancellation policy

1. The right of withdrawal does not apply to delivery.

of goods which are not prefabricated and whose production is based on an individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer (for example, T-shirts with his/her photo and name),

Sealed goods that are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery,

of goods if, after delivery, they have been inseparably mixed with other goods due to their nature,

of sound or video recordings or computer programs in a sealed package, if the seal has been removed after delivery,

of newspapers, magazines or illustrated journals, except for subscription contracts.

2. Avoid damage and contamination. Please send the goods back to us in their original packaging with all accessories and packaging components, if possible. If necessary, use protective packaging. If the original packaging is no longer available, use suitable packaging to ensure sufficient protection against damage during transport and thus avoid claims for damages due to inadequate packaging.

3. Please call us at [phone number] before returning the item to notify us of the return. This will allow us to allocate the goods as quickly as possible.

4. It is recalled that the modalities mentioned in sections 2 and 3 above do not constitute a prerequisite for the effective exercise of the right of withdrawal.

§ 8 Transport damage

1. If the goods are delivered with obvious transport damage, please report such errors immediately to the carrier and contact us as soon as possible.

2. Failure to make a complaint or contact us will not have any consequences for your statutory warranty rights. However, they do help us to assert our own claims against the carrier or transport insurance.

§ 9 Warranty

1. Unless expressly agreed otherwise, your warranty rights shall be governed by the statutory provisions of the purchasing law.

2. The limitation period for warranty claims for used items is, in violation of statutory provisions, one year. This limitation does not apply to claims based on damage resulting from injury to living organisms, body or health or from the breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the fulfillment of which the contractual partner can regularly rely (cardinal obligation), as well as to claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

3. In all other respects, the statutory provisions shall apply to the warranty.

4. If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the legal provisions apply with the following modifications:

As regards product quality, only our own information and the manufacturer's product description are binding, but not public praise or statements or other advertising from the manufacturer.

You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. To comply with the deadline, it is sufficient to send the notice in good time. This also applies to hidden defects discovered later. In the event of non-compliance with the obligation to inspect and notify defects, the exercise of warranty claims is excluded.

In case of defects, at our discretion, we will not provide any warranty.

§ 10 Liability

1. We are not responsible because they are living organisms.

§ 11 Alternative dispute resolution

The European Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes relating to their online order without having to go to court. The dispute resolution platform can be accessed via the external link https://ec.europa.eu/consumers/odr/.

We will endeavor to resolve any disputes arising from our contract amicably. Furthermore, we are not obliged to participate in an arbitration procedure and we regrettably cannot offer you the opportunity to participate in such a procedure.

§ 12 Final provisions

1. If one or more provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions.

2. Contracts between you and us are subject exclusively to German law, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Law"). Mandatory provisions of the country in which you habitually reside remain unaffected by the choice of law.

3. If you are a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

Status: Month, Year

Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4