Terms of service
TABLE OF CONTENTS
2...... Object of purchase.
3...... Subscription contracts.
4...... Conclusion of contract.
5...... Prices and payment.
7...... Transfer of risk.
8...... Material defect
9...... Subsequent performance.
10.... Withdrawal and reduction.
11.... Compensation for damages or expenses.
12.... Final provisions.
General Terms and Conditions of Business
Greenling GmbH, Nußhäherstraße 4, 80997 Munich, Germany
- These General Terms and Conditions ("GTC") apply to all contracts and deliveries for the sale of goods in the Seller's online store. Deviating GTC of the Customer shall not apply unless the Seller has expressly confirmed them in writing.
- Customers are consumers in the sense of § 13 BGB. The statutory provisions shall apply to companies as customers.
- Agreements made with the customer in individual cases take precedence over these General Terms and Conditions.
- The object of purchase is mini-gardens and, if applicable, other goods. Mini-gardens include plants and a plug-in system consisting of a plant container with water tank, a frame and a table top.
- The selection of plants available in a mini-garden is shown in the article description.
3. Subscription contracts
- The Seller offers contracts for regular delivery of seasonal plant packages of indefinite duration (subscription contract). Unless otherwise specified during the ordering process, deliveries are made in March, May and October. The price for deliveries of nine plants is 99.00 euros gross per delivery and is due for payment upon delivery.
- The plant packages contain nine plants, the selection of which is decided by the seller alone at his own discretion. The customer has no right over the composition of a plant package, unless the seller has specifically named and offered the plants.
- Subscription contracts may be terminated by either party at any time with two weeks' notice before the start of the next delivery date. Cancellation can be made by e-mail or via a cancellation button in the Seller's online store.
4. Conclusion of contract
- The goods displayed in the online store do not yet represent a legally binding offer of the seller. Only the order of the customer is a legally binding offer, which the seller can accept.
- The ordering process begins with the selection of items that the customer can place in the shopping cart. The customer can view an overview of all items in the shopping cart at any time by clicking on the "shopping cart" icon and delete individual items from the shopping cart. After selecting the "checkout" button, the customer enters his contact information. In the next step, the customer selects a shipping option. Then the customer selects one of the offered payment methods.
- In the last step, the customer receives an overview of all the data of his order and the prices or costs. The customer places a legally binding order by clicking on the "Buy" button. After making the payment, the customer receives an electronic confirmation of receipt of his order. This confirmation of receipt does not yet constitute a declaration of acceptance by the seller. Only with the order confirmation of the seller a contract is concluded. However, the order confirmation can be combined with the confirmation of receipt in a message.
- Consumers have a statutory right of withdrawal. Further information can be found in the seller's cancellation policy.
- The seller is entitled to withdraw from a purchase contract if he has duly ordered the goods from a supplier, but has not been supplied correctly or on time (congruent hedging transaction) and is not responsible for the non-delivery. The seller is obligated to inform the customer immediately about the non-availability and to immediately refund any consideration already received. The seller does not assume any procurement risk and is only obliged to deliver from its stock of goods or the goods ordered from its suppliers.
5. Prices and payment
- The displayed item prices are gross prices and include the statutory sales tax. Shipping costs are shown separately. The buyer is obliged to pay the purchase price including shipping costs in advance. The goods will only be shipped after receipt of payment. If the customer makes use of his right of withdrawal after receipt of the goods, he is obliged to bear the costs of return.
- The delivered goods remain the property of the seller until all claims arising from the contract have been fulfilled. The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
- The delivery period of the individual goods is indicated in the item descriptions. If the failure to meet a delivery deadline is due to force majeure, labor disputes, epidemics, unforeseeable obstacles or other circumstances beyond the control of the seller, the deadline shall be extended by a reasonable period.
- If a payment made by the customer cannot be allocated due to missing or incorrect information, the delivery period shall not commence until the customer has provided the required information.
- The ordered goods will be shipped to the delivery address provided by the customer. If the goods are returned to the seller for reasons for which the customer is responsible, the customer shall bear the additional costs of reshipment.
7. Transfer of risk
- The risk of accidental loss and accidental deterioration shall pass to the customer upon delivery of the goods or at the time the customer defaults by not accepting the delivered goods.
8. Material defect
- The goods are free of material defects if they have the agreed quality at the time of transfer of risk. If the quality is not agreed, the goods are free of material defects if they are suitable for the intended use according to the contract.
9. Subsequent performance
- If the goods are defective, the customer may, at his discretion, demand the rectification of the defect or the delivery of a defect-free item as subsequent performance. The Seller shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs.
- The Seller may refuse the type of subsequent performance chosen by the Customer if it is only possible at disproportionate cost. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance could be resorted to without significant disadvantages for the customer shall be taken into account. In this case, the customer's claim shall be limited to the other type of subsequent performance; the right of the seller to also refuse this under the conditions of sentence 1 shall remain unaffected.
- The customer shall give the seller the time and opportunity required for the subsequent performance owed, in particular to hand over the goods complained about for inspection purposes. In the event of a replacement delivery, the customer shall return the defective item.
10. Withdrawal and reduction
- After unsuccessful expiry of a reasonable period for subsequent performance, the customer may withdraw from the contract. Withdrawal is excluded if the defect is insignificant or if the customer is solely or predominantly responsible for the circumstance that would entitle him to withdraw or if the circumstance for which the seller is not responsible occurs at a time when the customer is in default of acceptance.
- Instead of withdrawal, the customer may reduce the purchase price by declaration to the seller. In the event of a reduction, the purchase price shall be reduced in the ratio in which the value of the item in a defect-free condition would have been to its actual value at the time of conclusion of the contract. The reduction is to be determined - if necessary - by estimation. If the customer has paid more than the reduced purchase price, the additional amount shall be reimbursed by the seller.
11. Compensation for Damages or Expenses
- If a defective product causes damage to other legal assets of the customer, the seller is only obliged to compensate the damage if he knew or could have known about the defect.
- If the customer's fault has contributed to the occurrence of a damage, the seller's obligation to compensate for the damage as well as the extent of the compensation to be paid shall depend on the circumstances, in particular on the extent to which the damage was primarily caused by the seller or the customer. This shall also apply if the Customer's fault is limited to the fact that he failed to draw the Seller's attention to the risk of unusually high damage, which the Seller neither knew nor should have known about, or that he failed to avert or mitigate the damage.
- Instead of damages in lieu of performance, the Customer may demand reimbursement of expenses which it has incurred and could reasonably be expected to incur in reliance on the receipt of the goods, unless their purpose would not have been achieved even without the Seller's breach of duty.
12. Final Provisions
- The business relations between the Seller and the Customers shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Contract language is German.
- The EU Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr.
- The seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
*Please note: The English version is a courtesy translation only. Only the German version is binding.