GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Contract duration and contract termination for subscription contracts
Retention of title
Liability for defects (warranty)
Alternative dispute resolution
1.1 These general terms and conditions (hereinafter "GTC") of Maximilian Schilling, acting under "Maximilian Schilling" (hereinafter "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with Seller with regard to the goods displayed by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
1.3 The subject of the contract - depending on the seller's product description - can be the purchase of goods by way of a one-off delivery or the purchase of goods by way of a loan (hereinafter referred to as “subscription contract”). With the subscription contract, the seller undertakes to make the contractually owed goods available to the customer for the duration of the agreed contract period.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by phone, email, post or online contact form.
2.3 The 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.5 If the payment method "Amazon Payments" is selected, payment will be processed by the payment service provider Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe user agreement, available at https: / /payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.
2.6 When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.7 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8 Only the German language is available for the conclusion of the contract. Other languages are translated automatically.
2.9 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller's online shop.
4.5 If the payment method "SOFORT" is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN / TAN that has been activated for participation in "SOFORT", identify himself accordingly during the payment process and submit the payment order to "SOFORT" to confirm. The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.
5.3 In the event of incorrect delivery information provided by the customer, an additional flat fee will be charged for the re-shipment. The customer must ensure that the delivery address is correctly transmitted to plant4planet.
Flat rate fees:
- for deliveries under an order value of € 40.01: € 2.10
- for deliveries over an order value of 40 €: 3.25 €
5.4 Collection by the customer is not possible for logistical reasons.
6) Contract duration and contract termination for subscription contracts
(In the following, customers are referred to as buyers and lenders as sellers.)
6.1 Subscription contracts are concluded for an unlimited period and can be terminated by the customer at the end of each month.
6.2 The right to extraordinary termination for good cause remains unaffected. An important reason exists if the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until a period of notice has expired, taking into account all the circumstances of the individual case and weighing the interests of both parties.
6.3 Terminations must be made in writing or in text form (e.g. by email).
6.4 Since the product in a subscription is on loan, the customer is obliged to send the product back to the seller after the contract has been terminated.
6.4.1 The costs of the return shipment are usually borne by the buyer.
6.4.2 If the buyer receives a product in reusable plastic shipping packaging, he is obliged to use it again for the return shipment.
Should he lose, destroy or for other reasons no longer be able to use them for shipping, the buyer is obliged to pay compensation of € 5 (five euros) to the seller.
6.4.3 If the buyer no longer owns the product or can no longer send it back to the seller in full for other reasons, the buyer is obliged to pay the seller 5 monthly contributions.
7) Retention of title
If the seller makes an advance payment, he retains ownership of the goods delivered until the purchase price owed has been paid in full.
8) Liability for defects (warranty)
8.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
8.2 Notwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the shortening of the liability period to one year does not apply
for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
for claims for damages and reimbursement of expenses by the customer, as well as
in the event that the seller has fraudulently concealed the defect.
8.3 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
9) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable 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 his habitual residence is not withdrawn.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.