Table of contents:
1. Scope of Application
2. Offers and Service Descriptions
3. Ordering Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Terms
7. Retention of Title
8. Warranty for Defects and Guarantee
Liability
10. Storage of the Contract Text
11. Prohibition of Assignment
12. Place of Jurisdiction, Applicable Law, Contract Language
13. Formal Requirements
14. Validity
1. Scope of Application
1.1. The following General Terms and Conditions apply exclusively to the business relationship between Seedbutler GmbH, Managing Director: Jacqueline Hütter, Leopoldstraße 2-8, 32051 Herford (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") in the version valid at the time of the order.
1.2. Any differing, conflicting or supplementary terms and conditions of the customer will not be recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1. The seller is responsible for the articles, designs, and layout of the online shop.
2.2. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. All offers are subject to change without notice. Product descriptions in catalogs and on the seller's websites do not constitute a warranty or guarantee.
2.3. All offers are valid "while supplies last," unless otherwise stated with the product. Errors and omissions excepted.
3. Ordering Process and Contract Conclusion
3.1. The customer can select products from the seller's range without obligation and add them to a virtual shopping cart by clicking the "Add to Cart" button. Within the shopping cart, the product selection can be modified, e.g., items can be deleted. The customer can then proceed to checkout by clicking the "Proceed to Checkout" button within the shopping cart.
3.2. By clicking the "Place Order" button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can review and change the data at any time, return to the shopping cart using the browser's "back" function, or cancel the order process entirely. Required fields are marked with an asterisk (*).
3.3. The seller will then send the customer an automatic order confirmation by email, which lists the customer's order again and which the customer can print using the "Print" function (order confirmation). The automatic order confirmation merely documents that the customer's order has been received by the seller and does not constitute acceptance of the offer. The purchase agreement is only concluded when the seller ships or delivers the ordered product to the customer within 2 days, or confirms shipment to the customer within 2 days via a second email, express order confirmation, or by sending the invoice.
3.4. If the seller offers prepayment, the contract is concluded upon provision of the bank details and payment request. If payment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a second request, the seller will withdraw from the contract, rendering the order invalid and releasing the seller from any obligation to deliver. The order is then considered complete for both the buyer and seller without further consequences. Therefore, items are reserved for a maximum of 10 calendar days for prepayment orders.
3.5. In fulfilling the contract, the seller expressly reserves the right to deviate from the descriptions, representations, and specifications in electronic documents, flyers, catalogs, or other written documents regarding color, dimensions, weight, design, and other similar characteristics, provided these deviations are deemed reasonable for the customer. The seller defines reasonable deviations as standard commercial variations due to technical production processes, such as: minor variations in weight (<3g), variations in tray perforations (<3mm), and minor printing errors.
3.6. The customer agrees to receive invoices electronically. The customer agrees to be informed about the seller's offers via email.
4. Prices and Shipping Costs
4.1. All prices listed on the seller's website include the applicable statutory value-added tax.
4.2. In addition to the listed prices, the seller charges shipping costs for delivery. These shipping costs are clearly communicated to the buyer on a separate information page and during the order process.
5. Delivery, Product Availability
5.1. If payment in advance has been agreed upon, delivery will take place after receipt of the invoice amount.
5.2. The seller generally ships the ordered items within 2 days of receiving payment. The customer will be informed immediately of any delivery delays.
5.3. If delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller may withdraw from the contract. Any payments already made will be refunded to the customer immediately.
5.4. If the ordered product is not available, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if applicable, suggest delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will refund any payments already made by the customer immediately.
5.5. Customers will be informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment Terms
6.1. The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment is due within 30 days of receipt of the goods and the invoice. For all other payment methods, payment is due in advance without deduction.
6.3. If third-party providers are commissioned to process payments, e.g., PayPal, their terms and conditions apply.
6.4. If the payment due date is determined by calendar date, the customer is in default upon missing the deadline. In this case, the customer must pay statutory default interest.
6.5. The customer's obligation to pay default interest does not preclude the seller from claiming further damages for default.
6.6. The customer is only entitled to set-off if their counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention to the extent that the claims arise from the same contractual relationship.
7. Retention of Title
The delivered goods remain the property of the seller until full payment has been received.
8. Warranty for Defects and Guarantee
8.1. The warranty is governed by statutory regulations. If replacement or repair is not possible (e.g., due to excessive cost, unreasonable effort, or exceeding the deadline), the buyer is entitled to a price reduction or, if the defect is not minor, to rescind the contract. Compensation for consequential damages (including those resulting from defects), as well as other property damage, financial losses, and damages to third parties, is excluded, unless the transaction is a consumer transaction.
8.2. Information, illustrations, drawings, technical data, weight, dimension, and performance specifications contained in flyers, catalogs, circulars, advertisements, or price lists are for informational purposes only. The seller assumes no liability for the accuracy of this information. The information contained in the order confirmation (shipping confirmation) is solely decisive regarding the type and scope of the delivered goods.
8.3. A guarantee for the goods supplied by the seller exists only if it has been expressly given. Customers are informed about the warranty conditions before the order process begins.
8.4. Any defects must be reported in writing within one week of receiving the goods. If the customer fails to do so, they forfeit all claims. If the customer is a consumer, the statutory warranty obligations apply. The customer generally has the choice between repair and replacement. However, the seller is entitled to refuse the chosen remedy if it is impossible or would involve disproportionate expense for the seller compared to the other remedy. For business customers, the seller will initially provide a warranty for defects in the goods at their own discretion, either through repair or replacement. The business customer bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, the time of its discovery, and the timeliness of the notification of the defect. Claims for direct damages or consequential damages are excluded to the extent legally permissible.
8.5. The organic sprouting seeds are weighed precisely by the seller during packaging. Since plastic is not used for packaging the containers, the weight may vary slightly between the time of filling and arrival at the buyer's address due to the evaporation of moisture contained in the seeds. A weight variation of up to 5% is considered normal and will not be compensated by the seller.
8.6. The seller will bear any shipping costs incurred in the event of a return due to defects. However, the customer is obligated to avoid unnecessary costs by selecting an appropriate shipping method.
8.7. The seller does not guarantee the continuous and uninterrupted availability of the online offer.
9. Liability
9.1. The following exclusions and limitations of liability apply to the seller's liability for damages, notwithstanding any other statutory requirements for claims.
9.2. The seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for foreseeable damages typical of this type of contract. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. Any recourse claims that contractual partners or third parties may assert against the seller under the Product Liability Act (PHG) are excluded, unless the party entitled to recourse proves that the defect originated within the seller's sphere of responsibility and was caused by at least gross negligence.
9.5. The aforementioned limitations of liability do not apply in cases of injury to life, body, or health, for defects after the assumption of a guarantee for the quality of the product, or in cases of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.6. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
9.7. The seller is only liable for its own content on the website. To the extent that the seller provides access to other websites via links, the seller is not responsible for the content contained therein.
9.8. The seeds offered by the seller are intended exclusively for the cultivation of Microgreen . Liability is excluded for their use for other purposes.
10. Storage of the Contract Text
10.1. The customer can print the contract text before submitting the order to the seller by using their browser's print function in the final step of the ordering process.
10.2. The seller will also send the customer an order confirmation with all order details to the email address provided by the customer. Along with the order confirmation, the customer will also receive a copy of the General Terms and Conditions, the cancellation policy, and information on shipping costs, delivery, and payment terms. If you have registered in our shop, you can view your placed orders in your profile area. We also store the contract text, but do not make it publicly accessible online.
11. Prohibition of Assignment:
Claims of a consumer against us may not be assigned without our express written consent.
12. Jurisdiction, Applicable Law, Contract Language
12.1. The place of jurisdiction and performance is the seller's registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law.
12.2. The contract language is German.
12.3. Platform of the European Commission for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
13. Formal Requirements
Inquiries, declarations, etc. addressed to us – with the exception of notices of defects – require, unless otherwise specified, written form to be legally valid, including an original signature or a secure electronic signature, and must be sent to the seller's business address. The contractual, ordering, and business language is German or English.
14. Severability
Should any provision of these Terms and Conditions be or become invalid or conflict with statutory regulations, the validity of the remaining provisions shall remain unaffected. The two contracting parties shall replace the invalid provision with one that comes as close as possible to the economic intent and purpose of the invalid provision. The same shall apply in the event of a contractual gap.