General Terms and Conditions
1.1 Customers within the meaning of these general terms and conditions can be both consumers and entrepreneurs.
1.2 Entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and enter into liabilities.
1.3 A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
2. Offer, conclusion of contract in the online shop at www. staudengaertnerei-peters.de / for catalog orders, minimum order value
2.1. The product presentations in this online shop are always non-binding and do not represent an offer in the legal sense. The customer is invited by the product presentation to put the desired products in the shopping cart, and by ordering the products to submit a legally binding offer to purchase the ordered products.
2.2. Using the shopping cart function, the customer has the option of placing the desired products in the shopping cart without obligation. To do this, press the corresponding button or symbol on the respective product page. A product that is not desired and has already been selected can be removed from the shopping cart at any time by calling up the shopping cart and removing the corresponding product by clicking the delete button.
2.3. If all the desired products are in the shopping cart, the customer can initiate the payment process: If the customer presses the checkout button, he can log in with an existing customer account, open a new customer account or use the guest order function to place the order without opening a customer account. In the following, the customer must enter the personal data required to process the contract, with mandatory fields being highlighted. In the further ordering process, the desired payment and shipping method will be requested. At the end of the ordering process, the customer arrives at an overview page on which the data entered, the selection made by the customer, the desired products as well as the costs and their composition are listed. The customer can check his selection and entries at this point. Errors can be corrected by pressing the respective change button and corresponding new entry / selection. By pressing the order button ["order with obligation to pay"] the purchase process is completed and the customer submits a legally binding offer to conclude a contract. The contract is concluded upon acceptance of the offer by the provider by sending an order confirmation within 72 hours. Otherwise the offer is considered rejected.
2.4. When ordering by phone, fax, e-mail or post, the purchase contract is concluded when the goods are sorted out and handed over to the transport company.
2.5 There is no minimum order value, which means that transport costs can exceed the value of the goods.
2.6 The images on the website may differ from the original product due to the "living plant" material.
3. Prices, shipping costs
3.1 All prices quoted are total prices including VAT (10.7% as a flat-rate agricultural operation) or differential taxation according to § 25a UStG plus shipping costs. The costs for packaging and shipping can be found in the respective offer.
We ship exclusively with DHL or Deutsche Post.
3.2 Notice to international buyers
3.2.1 Fees, taxes and duties for importing goods are not included in the item price or shipping costs. For deliveries to non-EU countries, additional duties, taxes and fees apply. These costs are to be borne by the buyer. Before purchasing an item, please check with your country's customs office to determine what these additional charges might be. These fees are usually collected by the customs authorities or the shipping company or the freight carrier on delivery or when you pick the item up. These charges are not additional shipping costs.
3.2.2 We do not give false customs declarations - this is how we declare goods e.g. B. not under value or as a gift to avoid taxes or duties. These would be violations of international trade law.
4. Reservation of title
The goods delivered by the seller remain his property until they have been paid for in full.
5. means of payment; Delivery; Delivery restrictions; Shipping; Transfer of risk
5.1 There are various payment methods available to customers, which are specified on the respective offer page of the seller.
5.2 For orders with a goods value of EUR 200 or more, new customers and international orders, we reserve the right to pay in advance. The invoice will then be sent with a corresponding request.
5.4 Delivery takes place at the shipping costs shown in the item description. We point out any delivery restrictions if they exist.
5.5 If the customer is a consumer, the seller bears the shipping risk regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment are transferred to the customer as soon as the goods have been handed over by the seller to the contracted logistics partner.
5.6. Living plants are generally dispatched Tuesday to Thursday in order to avoid extending the dispatch time over the weekend. At temperatures below zero and above 25 degrees, delivery times may be postponed.
6. Cancellation policy
If you are an entrepreneur (see section 1.2 of our terms and conditions) within the meaning of Section 14 of the German Civil Code (BGB), the right of withdrawal does not apply. For consumers (every natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity) applies:
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must
me Mrs Susanne Peters
Auf dem Flidd 20
Telefon: +49 4122 3312
Telefax: +49 4122 48639
by means of a clear declaration (e.g. a letter sent by post, telephone, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. We do not accept freight collect returns. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods. Model withdrawal form (If you want to cancel the contract, please fill out this form and send it back.)
Mrs Susanne Peters
Auf dem Flidd 20
Telefax: +49 4122 48639
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer (s) ......................................... < br /> Address of the consumer (s) ......................................... < br /> Signature of the consumer (s) (only if this is notified on paper)
(*) Delete where inapplicable.
7.1 The right of withdrawal exists, unless the parties have agreed otherwise.
7.2 Please avoid damage and contamination of the goods. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against transport damage.
7.3 Please note that the aforementioned section 7.2 is not a prerequisite for the effective exercise of the right of withdrawal.
8. Compensation in the event of cancellation
In the event of a cancellation of the contract, the customer has to pay compensation for a loss in value of the goods, in deviation from Section 346 (2) No. 3 BGB, if the loss in value is due to handling of the goods in order to check the quality, properties and functionality of the goods was not necessary and we have informed the customer of his right of withdrawal in accordance with Article 246a Section 1 Paragraph 2 Clause 1 Number 1 of the Introductory Act to the Civil Code.
9. Liability for defects, warranty rights, liability
There is a statutory right to liability for defects for all of our goods. The statutory provisions apply to liability and warranty.
10. Consumer information for distance contracts for the purchase of goods
10.1 The seller is not subject to any special codes of conduct not mentioned above.
10.2 The essential characteristics of the goods offered by the seller as well as the period of validity of limited offers can be found in the individual product descriptions on the website. The language available for the conclusion of the contract is exclusively German.
10.3 Complaints and warranty claims can be submitted to the address given in the provider identification. Information on payment, delivery or fulfillment can be found in the offer.
10.4 In the online shop, first put the selected goods in the shopping cart. Once you have selected all the items you want, you can proceed to the checkout. If you are already a customer, you can log in by entering your email address and password. If you are a new customer, you can either order without registering, or you can order and register as a customer in our shop. In both cases, you must provide your contact details in the next step. You can then select the desired payment method and your preferred delivery / pick-up date and finally place your order by clicking on the "Order for a fee" button. Until then, you have the option of recognizing your entries, checking them and, if necessary, correcting them after pressing the "Back" button of your browser on the previous page or canceling the order process by leaving the page.
10.5 The seller does not save the contract text after the contract is concluded and the seller does not make the contract text available to the customer himself. However, after the conclusion of the contract, we will send the customer an order confirmation with all the details to the e-mail address you provided, in which you will again be informed of all the essential data of your order, our terms and conditions, your cancellation policy. You have the option of printing out both the general terms and conditions and your order with all the data entered during the ordering process. You can also use the print function of your browser to print out the text of the contract. You can also save the contract text by clicking the right mouse button to save the website on your computer. After completing the order processing, the contract text is no longer accessible to you.
11. Final provisions
11.1 The law of the Federal Republic of Germany applies to the contractual relationship between the seller and the customer as well as to the respective terms and conditions. If the customer is a consumer, the applicable statutory regulations and rights in favor of the consumer under the law of the customer's country of residence remain unaffected by this agreement. The application of UN sales law is excluded.
11.2 If the aforementioned provisions are wholly or partially not part of the contract or are ineffective, the rest of the contract remains effective. If the provisions have not become part of the contract or are ineffective, the content of the contract is based on the statutory provisions.
12. Notes for consumers on out-of-court dispute resolution
12.1 Obligation to notify according to the ODR regulation (Art. 14 Paragraph 1 ODR-VO)
Link to the EU Commission's platform for online dispute resolution: https://ec.europa.eu/consumers/odr
My e-mail address is: email@example.com
12.2 Duty to notify according to the Consumer Dispute Settlement Act (Section 36 VSBG) I am not obliged and generally not willing to participate in a dispute settlement procedure before a consumer arbitration board.
13. Severability Clause
If one of the above provisions is wholly or partially ineffective due to legal provisions, regulations or changes in the law, all other provisions remain unaffected and continue to apply in full
14. Note according to the packaging ordinance
With regard to the sales packaging we filled with goods for the first time and handed over to private end consumers, our company has joined a nationwide take-back system to ensure compliance with our legal obligations under Section 6 of the Packaging Ordinance:
Landbell AG for return systems
Phone: +49 6131 235652-0
Fax: +49 6131 235652-10
Email: info [at] landbell.de