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All seeds are organic certified and produced in EU cultivation

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Terms and Conditions

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 arrangements
7. Retention of title
8. Warranty and warranty for defects in the material
9. Liability
10. Storage of the text of the contract
11. Prohibition of assignment
12. Place of jurisdiction, Applicable law, contract language
13.   Formal requirements
14. Effectiveness

1. Scope
1.1. For the business relationship between Keimgrün GmbH, owner: Manuel Voigt and Christian Zinke, Lindenweg 16, 35638 Leun (hereinafter “Seller”) and the customer (hereinafter “Customer”) the following Terms and Conditions apply exclusively in their version valid at the time of ordering.
1.2. Deviating terms and conditions,   conflicting or supplementary terms and conditions of the customer are not accepted, unless the seller expressly agrees to their validity.

2. Offers and service descriptions

2.1. The responsibility for items, motifs and the design of the webshop lies with the seller.
2.2. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. All offers are subject to change. Service descriptions in catalogues and on the Seller’s websites do not have the character of an assurance or warranty.
2.3. All offers are valid “as long as the stock lasts” if nothing else is mentioned in the products. For the rest, errors are reserved.

3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller’s assortment without obligation and collect them via the “Add to Cart” button in a so-called shopping cart. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to the end of the order process via the “Continue to checkout” button within the shopping cart.
3.2. The customer submits a binding application for the purchase of the goods in the shopping cart via the “Order subject to payment” button. Before submitting the order, the customer can change and view the data at any time, return to the shopping cart using the browser function “back” or cancel the order process altogether. Necessary information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic acknowledgement of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller has dispatched the ordered product to the customer within 2 days, handed it over or confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.4. Should the seller allow a prepayment, the contract with the provision of the bank details and payment request is concluded. If the payment has not been received by the seller until 10 calendar days after the order confirmation has been sent, the seller withdraws from the contract with the result that the order is void and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item for prepayment is therefore made for a longer than 10 calendar days.
3.5. When fulfilling the contract, the Seller expressly reserves the right to deviate from the descriptions, representations and indications in electronic documents, flyers, catalogues or other written documents with regard to colour, dimensions, weight, design and other similar characteristics, if these are to be regarded as reasonable for the customer. By reasonable terms, the seller understands commercial fluctuations due to technical production processes, such as: minor deviations in weight ( < 3g), deviations in the holes of the trays ( < 3mm), minor printing errors.
3.6. The customer agrees that invoices are created and transmitted electronically. The customer agrees that he will be informed by e-mail about the offers of the seller.

4. Prices and shipping costs
4.1. All prices stated on the Seller’s website are inclusive of the applicable statutory value added 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 in the context of the ordering process.

5. Delivery, availability of goods
5.1. As far as advance payment has been agreed, the 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. Should the delivery of the goods fail due to the fault of the buyer despite three attempts to deliver, the seller may 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, propose the 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 refund the customer for any consideration already provided.
5.5. Customers will be informed of 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 arrangements
6.1. The customer can choose from the available payment methods during and before the completion of the ordering process. Customers will be informed of the available means of payment 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 deduction.
6.3. If third parties are commissioned with the payment processing, e.g. Paypal, their general terms and conditions apply.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case, the customer must pay the statutory interest on late payment.
6.5. The customer’s obligation to pay interest on late payment does not preclude the Seller from claiming further damages for delay.
6.6. The customer is only entitled to set-off if his counterclaims have been legally established or recognised 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
Until full payment has been made, the delivered goods remain the property of the seller.

8. Warranty and warranty for defects in the material
8.1. The warranty is determined in accordance with legal regulations. If an exchange or an improvement is not considered (not possible, too much effort, unreasonable, delay in time), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (conversion). Compensation for (defect) consequential damages, as well as other property damage, financial losses and damages of third parties against the customer, unless it is a consumer business, is excluded.
8.2.   Information contained in flyers, catalogues, circulars, advertisements or price lists, illustrations, drawings, technical data, descriptions of weight, dimensions and performance is for information purposes only. The Seller does not guarantee the accuracy of this information. The only decisive information regarding the type and scope of the delivered goods is the information contained in the order confirmation (dispatch confirmation).
8.3. A guarantee exists for the goods delivered by the seller only if this has been expressly delivered. Customers will be informed of the warranty conditions prior to the initiation of the ordering process.
8.4. Any defects must be announced in writing within one week of receipt of the goods. If the customer fails to do so, he loses all claims. If the customer is a consumer, the statutory warranty obligations apply. The customer has the choice as to whether the improvement or an exchange should take place. However, the Seller is entitled to refuse the chosen remedy if it is impossible or involves a disproportionate effort for the Seller compared to the other remedy. In the case of companies, the seller shall initially guarantee the defects of the goods at his own discretion, by improving or replacing them. The trader shall be fully probative proof of all the conditions of claim, in particular the defect itself, the date on which the defect is found and the timeliness of the notification of defects. Claims for direct damages or consequential damages are excluded to the extent permitted by law.
8.5. The organicsprouting seeds is weighed accurately by the seller during bottling. Since plastic is not used for the packaging of the containers, the evaporation of the moisture contained in the seed may cause a deviation in weight from the time of bottling to the arrival of 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 assumes any shipping costs 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 salesman assumes no liability for the continuous and uninterrupted availability of the online offer.

9. Liability
9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory conditions of claim.
9.2. The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which 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 shall only be liable for the foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
9.4. Any claims for recourse made against the seller by contractual partners or third parties under the title Product Liability iSd PHG are excluded, unless the person entitled to recourse proves that the error is caused in the sphere of the seller and has been caused at least through gross negligence.
9.5. The above limitations of liability do not apply in the event of injury to life, body and health, for a defect after taking over a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.6. Insofar as the liability of the seller 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. Insofar as the seller with links allows access to other websites, the seller is not responsible for the content contained therein.
9.8. The seed offered by the seller is intended exclusively for the cultivation of microgreens. Liability is excluded when used for other purposes.

10. Storage of the text of the contract
10.1. The customer can print out the contract text before placing the order to the seller by using the printing function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, the customer also receives a copy of the GTC along with cancellation instructions and the information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.

11. Prohibition of assignment
Claims of a consumer against us may not be assigned in the absence of express written consent.

12. Place of jurisdiction, Applicable law, contract language
12.1. The place of jurisdiction and place of fulfillment is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
12.2. Contract language is German.
12.3. European Commission Platform on Online Dispute Resolution (ODR) for Consumers: http://ec.europa.eu/consumers/odr/. We are not prepared or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

13. Formal requirements
Requests, declarations, etc. addressed to us, except for notices of defects, require, unless otherwise specified, the written form, thus also the original signature or the secure electronic signature, and must be addressed to the seller’s business address. Contract, ordering and business language is German or English.

14. Effectiveness
Should any of these provisions of these General Terms and Conditions be or become ineffective or contradict statutory provisions, the validity of the remaining provisions shall remain unaffected. The two contracting parties will replace the invalid provision with one that comes as close as possible economically to the purpose and purpose of the invalid provision. The same applies in the event of a contractual gap.