Terms of service
General terms and conditions with customer information
Table of contents
- scope
- Conclusion of the contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Applicable law
- Code of Conduct
- Alternative dispute resolution
1) scope
1.1These general terms and conditions (hereinafter "AGB") of the YouPlant UG (HB), acting under "Yourgreens" (hereinafter "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") applies to concludes the seller with regard to the goods shown by the seller in his online shop. This contradicts the inclusion of the customer's own conditions, unless something else has been agreed.
1.2Consumers within the meaning of this terms and conditions is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity. Entrepreneurs within the meaning of these terms and conditions are a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.
2) Contract conclusion
2.1The product descriptions contained in the online shop of the seller do not represent a binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2The customer can submit the offer via the online order form integrated in the seller's online shop. After putting the selected goods in the virtual shopping cart and undergoing the electronic ordering process, the customer gives a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer by phone, fax, by email or postally to the seller.
2.3The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation is decisive in the customer, or
- by providing the customer to the customer, with the access of the goods to the customer, or
- by asking the customer to pay after submitting them.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the customer is sent and ends with the end of the fifth day, which follows the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this applies as a rejection of the offer with the result that the customer is no longer tied to his declaration of intent.
2.4
When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et cie, s.c.a., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), with the validity of the PayPal use conditions,www.paypal.com/de/webapps/mpp/ua/useragreement-fullOr-if the customer does not have a PayPal account-with the validity of the conditions for payments without a PayPal account,www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal in the online order process, the seller already explains the acceptance of the customer's offer at the time when the customer clicks on the button final.
2.5When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, fax or letter) after sending his order. The seller's access to the contract is not accessible. If the customer has set up a user account in the seller's online shop before sending his order, the order data on the seller's website is archived and can be called up free of charge by the customer via his password-protected user account, stating the corresponding login data.
2.6Before placing the order using the seller's online order form, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct his entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7The German and the English language are available for the conclusion of the contract.
2.8Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be sent.
3) Right of withdrawal
3.1Consumers are generally entitled to a right of withdrawal.
3.2More information on the right of cancellation arises from the cancellation policy of the seller.
4) Prices and terms of payment
4.1Unless otherwise resulting from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2In the case of deliveries to countries outside the European Union, there may be additional costs that the seller is not responsible and which are to be borne by the customer. This includes, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import tax taxes or taxes (e.g. tariffs). Such costs can also be incurred in terms of transmission of money if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3The payment options are/will be communicated to the customer in the seller's online shop.
4.4If the prepayment has been agreed by bank transfer, the payment is due immediately after the contract has been concluded if the parties have not agreed on a laterity date.
4.5
When selecting a payment method offered by the "Shopify Payments" payment service, the payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are informed of the customer in the seller's online shop. To handle payments, Stripe can use other payment services, for which special payment terms may apply, which the customer may be referred to separately. Further information on "Shopify Payments" is on the Internet atwww.shopify.com/legal/terms-payments-deavailable.
4.6When choosing the invoice for payment method, the purchase price is due after the goods were delivered and charged. In this case, the purchase price is to be paid within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to reject this payment method when the specified order volume is exceeded. In this case, the seller will indicate a corresponding payment restriction in his payment information in the online shop.
4.7When selecting the payment method direct debit via stripe, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe moves the invoice amount after a SEPA direct debit mandate, but not before the deadline for the preliminary information on behalf of the seller from the customer's bank account. Preliminary information ("pre-notification") is every message (e.g. invoice, policy, contract) to the customer who announces a load using a sepa direct debit. If the direct debit is not redeemed in the absence of sufficient account coverage or on the basis of a false bank details or if the customer contradicts the debit, although he is not entitled, the customer must bear the fees resulting from the return booking of the respective credit institution if he is responsible . The seller reserves the right to carry out a credit check when selecting the SEPA direct debit and reject this payment method with a negative credit check.
4.8If you select the payment method credit card via Stripe, the invoice amount is immediately due to conclude the contract. Payment processing takes place via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and reject this payment method with a negative credit check.
5) Delivery and shipping conditions
5.1The delivery of goods takes place on the shipping route to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. In deviation from this, when selecting the PayPal payment method, the delivery address stored by the customer at the time of payment at PayPal is decisive.
5.2In the case of goods that are delivered by freight forwarder, the delivery "free curbs", i.e. to the public curb edge, which is closely located in the delivery address, does not result in anything else from the shipping information in the seller's online shop and unless otherwise agreed.
5.3If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the appropriate costs for the seller. This does not apply in view of the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the recovery right is effective.
5.4The seller reserves the right to withdraw from the contract in the event of no correct or non -proper self -delivery. This only applies in the event that the non -delivery is not to be represented by the seller and that he has completed a specific cover business with the supplier with the care required. The seller will make all reasonable efforts to obtain the goods. In the event of non -availability or the only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
5.5Pickup is not possible for logistical reasons.
6) Reference to retention of title
If the seller arrives in advance, he reserves the property of the delivered goods until the purchase price owed is fully paid.
7) Liability for defects (warranty)
7.1If the purchased item is poor, the provisions of the statutory liability for defects apply.
7.2If the customer acts as a consumer, he is asked to claim the delivered goods with obvious transport damage to the deliverer and to inform the seller. If the customer does not meet this, this has no effect on his legal or contractual claims for defects.
8) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of mobile goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is withdrawn.
9) Code of Conduct
- The seller has submitted to the conditions of participation for the ECOMMERCE initiative "Fairness in the trade", which on the Internetwww.fairness-im-handel.de/teiliegebenungen/are visible.
- The seller has submitted quality criteria to the Trusted Shops on the Internetwww.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdfare visible.
10) Alternative dispute resolution
10.1
The EU Commission provides a platform for online dispute resolution on the Internet at the following link:ec.europa.eu/consumers/odr
This platform serves as a contact point for extrajudicial resolution of disputes from online purchase or service contracts in which a consumer is involved.
10.2The seller is neither obliged nor ready to participate in a dispute settlement procedure in front of a consumer arbitration board.