Table of contents:
1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of
goods 6. Payment methods
defects
and guarantee
9. Liability
10. Storage of the contract text
11. Prohibition
12. Place of jurisdiction, applicable Law, contract language
13. Formal requirements
14. Effectiveness
1. Scope
1.1.
For the business relationship between Seedbutler GmbH, management: Christian Zinke, Lindenweg 16, 35638 Leun (hereinafter “Seller”) and the customer (hereinafter “Customer”), the following General Terms and Conditions apply exclusively in the version valid at the time of the order. 1.2. Differing conditions, conflicting or supplementary general 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 items, motifs and the design of the online shop. 2.2.
The presentation of the 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. Service descriptions in catalogs or on the seller's websites do not constitute an assurance or guarantee. 2.3. All offers are valid “while stocks last”, unless otherwise stated for the products. Otherwise, errors remain.
3. Ordering process and conclusion of contract
3.1.
The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the "Add to shopping cart" button. The product selection within the shopping cart can be changed, for example deleted. The customer can then proceed to complete the ordering process using the “Continue to checkout” button within the shopping cart. 3.2.
Using the “Order with payment” button, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser “back” function to return to the shopping cart or cancel the ordering process altogether. Necessary information is marked with an asterisk (*). 3.3.
The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller dispatches, hands over or arranges for the dispatch of the ordered product to the customer within 2 days confirmed to the customer within 2 days with a second email, express order confirmation or sending of the invoice. 3.4.
If the seller allows advance payment, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days of sending the order confirmation despite being due, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed without any further consequences for the buyer and seller. When paying in advance, the item is reserved for a maximum of 10 calendar days. 3.5.
When fulfilling the contract, the seller expressly reserves the right to make deviations from the descriptions, representations and information in electronic documents, flyers, catalogs or other written documents with regard to color, dimensions, weight, design and other similar features if these are considered reasonable for the customer . By reasonable, the seller means customary fluctuations due to technical production processes, such as: minor deviations in weight (<3g), deviations in the perforations of the trays (<3mm), minor printing errors. 3.6. The customer agrees that invoices will be created and transmitted electronically. The customer agrees to be informed about the seller's offers by email.
4. Prices and shipping costs
4.1.
All prices stated on the seller's website include the applicable statutory sales tax. 4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1.
If advance payment has been agreed, delivery will take place after receipt of the invoice amount. 5.2.
The seller usually ships the ordered items within 2 days of receipt of payment. In the event of delivery delays, the customer will be informed immediately. 5.3.
If the delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately. 5.4.
If the ordered product is not available, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest delivery of a comparable product. If no comparable product is available or the customer does not request delivery of a comparable product, the seller will immediately reimburse the customer for any consideration already provided. 5.5. Customers will be informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment methods
6.1.
The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the payment methods available on a separate information page. 6.2.
If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deductions. 6.3.
If third-party providers are commissioned to process payments, e.g. Paypal, their general terms and conditions apply. 6.4.
If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest. 6.5.
The customer's obligation to pay default interest does not preclude the seller from claiming further damages due to default. 6.6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title The
delivered goods remain the property of the seller until full payment has been made.
8. Warranty for material defects and guarantee
8.1.
The warranty is determined by legal regulations. If an exchange or improvement is not possible (not possible, too much effort, unreasonable, delay in deadline), then the buyer is entitled to a price reduction or, if the defect is not minor, to cancellation of the contract (cancellation). Compensation for (defect) consequential damage, as well as other property damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded. 8.2.
Information, illustrations, drawings, technical data, weight, dimension and service descriptions contained in flyers, catalogs, circulars, advertisements or price lists are purely for information purposes. The seller assumes no liability for the accuracy of this information. Only the information contained in the order confirmation (shipping confirmation) is decisive regarding the type and scope of the goods delivered. 8.3.
A guarantee only exists for the goods delivered by the seller if this has been expressly provided. Customers will be informed about the warranty conditions before initiating the ordering process. 8.4.
Any defects must be reported in writing within one week of receipt of the goods. If the customer fails to do this, he will lose all claims. If the customer is a consumer, the statutory warranty obligations apply. The customer basically has the choice whether the improvement or a replacement should take place. However, the seller is entitled to refuse the chosen remedy if it is impossible or involves a disproportionate amount of effort for the seller compared to the other remedy. In the case of companies, the seller initially guarantees defects in the goods at his own discretion, through improvement or replacement. The entrepreneur has full proof of all claims requirements, in particular for the defect itself, for the time at which the defect was discovered and for 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 germination seeds are weighed precisely by the seller when bottling. Since plastic is not used in the packaging of the containers, the volatilization of the moisture contained in the seeds can lead to a deviation in the weight from the time of filling to the time it reaches the buyer. A deviation of up to 5% of the weight is considered normal and will not be replaced by the seller. 8.6.
The seller will cover any shipping costs incurred in the event of a return due to defects. However, the customer undertakes to avoid unnecessary costs by selecting the shipping method appropriately. 8.7. The seller assumes no liability for the constant 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, without prejudice to the other legal requirements for claims. 9.2.
The seller is liable without limitation if the cause of the damage is due to intent or gross negligence. 9.3.
Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences. 9.4.
Any recourse claims that contractual partners or third parties make against the seller under the heading of product liability within the meaning of PHG are excluded unless the person entitled to recourse proves that the error was caused within the sphere of the seller and was at least due to gross negligence. 9.5.
The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that are fraudulently concealed. 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. If the seller provides access to other websites through links, the seller is not responsible for the content contained there. 9.8. The seeds offered by the seller are intended exclusively for growing Microgreen . Liability is excluded when used for other purposes.
10. Storage of the contract text
10.1.
The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order. 10.2. The seller also sends the customer an order confirmation with all order details to the email address he provided. With the order confirmation, the customer also receives a copy of the general terms and conditions along with cancellation instructions and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.
11. Prohibition of assignment
Claims of a consumer against us may not be assigned without express written consent.
12. Place of jurisdiction, applicable law, contract language
12.1.
The place of jurisdiction and place of 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. European Commission platform for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.
13. Formal requirements
Inquiries, declarations, etc. addressed to us - with the exception of notifications of defects - must, unless otherwise specified, be in writing in order to be legally valid, including the original signature or secure electronic signature, and must be sent to the seller's business address. The contract, order and business language is German or English.
14. Effectiveness
Should one of these provisions of these General Terms and Conditions be or become ineffective or contradict legal regulations, the effectiveness of the remaining provisions remains unaffected. The two contracting parties will replace the invalid provision with one that comes as close as possible economically to the meaning and purpose of the invalid provision. The same applies in the event of a contractual gap.
