Status: September 22, 2021
Table of contents
- Scope of the GTC
- Contact and service details
- Order process and conclusion of contract
- Contract text and contract language
- Information about prices and shipping costs
- Payment methods and terms
- Retention of title
- Delivery, availability of goods
- Sale of vouchers
- Promotional vouchers
- Cancellation policy
- Warranty and liability
- Dispute resolution and consumer dispute resolution
1. scope of application of the GTC
- The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to the business relationship between Baumschule Wilfried Janßen (hereinafter referred to as “Seller”) and the purchaser of the Seller’s products and services (hereinafter referred to as “Products” or “Goods”) referred to as “Purchaser”.
- Deviating terms and conditions of the Customer shall not be recognized, even if the Seller renders its performance without objection, unless the Seller expressly agrees to the validity of the Customer’s deviating terms and conditions.
- A “consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to his or her commercial or independent professional activity.
- “Entrepreneur” within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. contact and service information
Please note the following information regarding the accessibility of our customer service.
- E-mail address: firstname.lastname@example.org.
- Phone number: +494405-9896908.
- Fax number: +494405-5169.
- Customer service availability: weekdays: 08.00 to 16.00.
3. order process and conclusion of contract
- The presentation of the products in the store, on websites and in digital printed brochures, or catalogs or comparable product presentations of the seller does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the customer.
- The Customer may choose from the products offered in the Seller’s assortment to the Customer and collect them in a so-called shopping cart. In the selection within the shopping cart, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
- The seller may accept the customer’s offer within the acceptance period. The acceptance period is five days. The acceptance period begins with the completion of the order process by the customer in the store (or, if designated, by means of other communication channels) and ends with the expiration of its last day. The seller may accept the customer’s offer by explicitly accepting the contract, including by e-mail. Acceptance may also be effected by shipment of the goods and their receipt by the customer within the acceptance period, as well as by a request for payment addressed to the customer by the seller. In the event of several acceptance procedures, the earliest acceptance time shall be decisive. If the Seller does not accept the Customer’s offer within the acceptance period, no contract shall be concluded and the Customer shall no longer be bound by its offer.
- By clicking on the button that concludes the ordering process, the customer makes a binding offer to purchase the products in the shopping cart from the seller.
- Customers are requested to carefully read and observe the instructions in the ordering process and to use the available support functions of their software and hardware if required (e.g. magnification or read-aloud functions). Required information shall be marked by the Seller as such in a manner reasonably recognizable to the Customer (e.g. by optical highlighting and/or asterisk sign). Until the order is submitted, customers can change and view the product selection and their entries at any time, as well as return to the shopping cart or cancel the ordering process altogether. For this purpose, customers may use the functions of their software and/or terminal device that are available and customary to them (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices).
- A contract between the customer and the seller can also be concluded by telephone. The Customer may submit a binding offer to the Seller by telephone or, in case of submission of a binding offer by the Seller, accept it by telephone.
- Customers are responsible for ensuring that the information they provide is accurate and that any changes are communicated to the seller when necessary for the seller’s performance of the contract. In particular, customers shall ensure that the e-mail and delivery addresses provided are correct and that any hindrances to receipt for which customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the e-mail software used).
4. contract text and contract language
- The seller saves the text of the contract and provides it to the customer in text form (e.g. by e-mail or printed with the delivery of the order). The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser or the save function for web pages in the last step of the order.
- If customers have created a customer account, they can view the orders placed in their profile area.
- The contract language is German, contracts can be concluded in this language.
5. information about prices and shipping costs
- Unless otherwise stated, all prices are total prices including the applicable statutory value-added tax (VAT).
- The delivery and shipping charges in addition to the sales price will be notified to the customer in the respective product description and before the order is completed, or linked.
6. payment methods and terms
- Unless otherwise agreed, payments shall be made without discount, cash discounts or other reductions.
- When using financial institutions and other payment service providers, the terms and conditions and data protection notices of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is especially because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
- The Customer shall ensure that he/she fulfills the conditions incumbent upon him/her, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services, and confirmation of transactions.
- If a payment is not made or reversed due to insufficient funds in the customer’s account, the provision of incorrect bank details or an unjustified objection by the customer, then the customer shall bear the fees incurred as a result, provided that the customer is responsible for the failed or reversed booking and, in the case of a SEPA transfer, was informed of the transfer in good time (so-called “pre-notification”).
- Customers may use the payment methods listed below:
- Prepayment – If payment in advance by means of a bank transfer has been agreed upon, the payment amount shall already be due upon conclusion of the contract, subject to an express agreement to the contrary. The seller informs the customer about his bank details. Delivery will be made after receipt of payment. If the advance payment has not been received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the customer and seller without further consequences.
- Klarna PayNow Direct Debit – The customer grants Klarna a SEPA direct debit mandate. By issuing the SEPA Direct Debit Mandate, Klarna is authorized to initiate the payment transaction, which automatically debits the customer’s bank account. The customer is informed about the date of debiting the bank account (referred to as “pre-notification”).
- Klarna Sofortüberweisung (Sofort) – Payment is made using online banking data by the provider Sofort GmbH immediately after the order according to the conditions of Klarna Sofortüberweisung (which are also communicated to the customer during the ordering process). For more information: https://www.klarna.com/sofort/.
- PayPal Express – The customer pays the amount owed by means of the Paypal transaction.
7. retention of title
If the Seller makes advance performance, the delivered products shall remain the property of the Seller until full payment has been made.
8. delivery, availability of goods
- The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
- If a payment service provider is used, with which a delivery address is deposited and through the use of the payment method by the customer this delivery address is communicated to the seller as decisive for the ordered delivery, the goods will be delivered to the deviating delivery address.
- In the case of goods delivered by means of a forwarding agent, the delivery shall be made “free curb”, unless otherwise agreed. This means that the delivery is made to a public curb closest to the place of delivery.
- Furthermore, delivery by means of a freight forwarder can only be made if the requirements for the freight forwarder’s delivery communicated to the customer within the scope of the product description or the order process can be met.
- If a delivery of goods fails for reasons for which the customer is responsible, the customer shall bear the costs incurred by the outward and return shipment to a reasonable extent. If the costs arise from the exercise of the right of withdrawal for consumers, the aforementioned obligation to bear the costs applies only to the costs of sending the goods, while for the costs of returning the goods the provisions in the cancellation policy apply.
- If the delivery of the goods fails through the fault of the customer despite three attempts at delivery, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
- If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the customer does not want a comparable product to be delivered, the seller will immediately refund to the customer any consideration already paid.
9. sale of vouchers
- These GTC shall apply mutatis mutandis to the sale of vouchers embodying non-cash or cash values.
- The ordered vouchers will be sent to the customer at the specified e-mail address.
- The ordered vouchers will be sent to the customer by mail to the specified delivery address.
- Promotional vouchers” are vouchers issued free of charge by the seller within the framework of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, promotional vouchers do not represent vouchers that embody a specific monetary or material value and are purchased by the customer as a product.
- Promotion vouchers can only be taken into account under the notified conditions, subject to restrictions, e.g. the validity for certain product groups, frequency of use and in particular only within the specified period.
- Unless otherwise stated, promotional vouchers cannot be combined with other promotional vouchers.
- Unless otherwise specified, promotional vouchers issued to recipients may not be transferred to third parties.
- Promotional vouchers issued by the Seller may only be redeemed at the Seller’s premises.
- Unless otherwise stated, promotional vouchers can only be redeemed before completing the order process.
- If after redemption of a promotional voucher an amount remains to be paid, this can be settled with the payment options offered by the seller.
- If a promotional voucher exceeds a value of goods, it will be taken into account only up to the amount of the value of goods, without payment of the remaining amount.
10. cancellation policy
The information on the right of withdrawal for consumers is derived from the seller’s cancellation policy.
11 Warranty and liability
- The warranty (liability for defects) shall be governed by statutory provisions subject to the following provisions.
- The Seller shall not be responsible for the Customer’s Internet connection, the software and hardware used by the Customer and any disruptions caused by them to the formation or performance of the contract between the Customer and the Seller.
- The Seller shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and the observance of which the Customer regularly relies on (cardinal obligations) or in the case of agreed warranty promises. In this case, however, the Seller shall only be liable for the foreseeable, contract-typical and expectable damage. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. Otherwise, claims for damages by the customer are excluded. The above liability provisions shall also apply to claims for damages by the customer under the seller’s statutory warranty.
12. dispute resolution and consumer dispute resolution
- The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for the settlement of their disputes.
- We are not willing and not obliged to participate in a dispute resolution procedure before a consumer dispute resolution body.