Terms of Service

 

1. Scope

2. Offers and service descriptions

3. Ordering process and contract conclusion

4. Prices and shipping costs

5. Delivery, transfer of risk, availability of goods and minimum order value

6. Payment arrangements

7. Retention of title

8. Warranty and guarantee

9. Liability

10. Storage of the contract text

11. Final provisions

 

 

1. Scope

1.1. For the business relationship between neogrün GbR, Alexander Hilo & Enrico Nickel, Am Schwabeplan 1b 06466 Gatersleben (hereinafter referred to as “Seller”) and the Customer (hereinafter referred to as “Customer”), the following General Terms and Conditions apply in their version valid at the time of the order.

 

1.2. You can contact our customer service for any questions, claims and complaints on weekdays from 08:00 to 16:00 by phone +49 39482 790430 or via E-mail at hello@neogruen.com.

 

1.3. Insofar as the terms and conditions of the consumer and the entrepreneur are used in these terms and conditions, the consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their independent professional activity (§ 13 BGB). Entrepreneurs are natural persons or legal entities or partnerships with legal capacity who act in the execution of a legal transaction in the exercise of their commercial or independent professional activity.

 

1.4. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.

 

 

2. Offers and service descriptions

The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the websites of the seller do not have the character of an assurance or guarantee.

All offers are valid “as long as stocks last”, unless otherwise noted in the products. We reserve the right to make technical changes in the sense of progress as well as changes in form and color. Incidentally, errors remain reserved.

 

 

3. Ordering process and contract conclusion

3.1. The customer can select products from the assortment of the seller without obligation and collect them via the button “Add to cart” in a so-called shopping cart. Within the cart, the product selection may be changed, e.g. to be deleted. Afterwards, the customer can use the “Proceed to checkout” button within the shopping cart to complete the ordering process.

 

3.2. The customer can submit a binding request for the purchase of the goods in the shopping cart via the button “Buy now”. Before sending the order, the customer can change and view the data at any time, or go back to the shopping cart using the browser function “back” or cancel the order process altogether. Necessary information is marked with an asterisk (*).

 

3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded, when the seller ships or hands over the ordered product to the customer within 2 days, or has confirmed the delivery to the customer within 2 days with a second e-mail, explicit order confirmation or sending the invoice.

 

3.4. If the seller allows a prepayment, the contract comes about with the provision of bank details and payment request. If, despite the due date, the payment has not been received by the seller after renewed request until 10 calendar days after the order confirmation has been sent, the seller will withdraw from the contract with the result that the order is invalid and the seller has no obligation to deliver. The order is then cancelled for the buyer and seller without further consequences. A reservation of the article in advance payments is therefore for a maximum of 10 calendar days.

 

4. Prices and shipping costs

4.1. Unless otherwise stated, the prices quoted on the seller’s website include the applicable statutory VAT.

 

4.2. In addition to the prices quoted, the seller charges for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

 

4.3. Should a faulty display of prices of the goods offered in the online catalog occur, the seller is entitled to withdraw from the contract, regardless of any existing legal right of contestation. This resignation is to be declared immediately after awareness of this reason for resignation by the seller.

 

 

5. Delivery, transfer of risk, availability of goods and minimum order value

5.1. As far as advance payment has been agreed, delivery will take place after receipt of the invoice amount.

 

5.2. If the delivery of the goods fails due to the fault of the buyer despite three times delivery attempt, the seller can withdraw from the contract. If applicable, the payments made will be reimbursed to the customer immediately.

 

5.3. Customers are informed about delivery times and delivery restrictions (for example, limitations on deliveries to certain countries) on a separate information page or within the relevant product description.

 

5.4. Delivery is made by delivery service to the delivery address specified by the buyer. The shipping risk is borne by the seller if the buyer is a consumer. If the buyer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the goods have been handed over to the person carrying out the transport. The delivery time of the goods can be taken from the product detail pages, or from the order confirmation.

 

5.5. The seller reserves the right to make partial deliveries, if this is advantageous for a quick settlement and this is reasonable for the buyer. Should there be partial deliveries, there are no additional shipping costs for the buyer.

 

5.6. If the buyer acts as an entrepreneur, he will assist the seller to the best of his ability, in the case of transport damage, in accordance with the following provisions, as far as claims against the respective transport company or the transport insurance are asserted.

 

– If the buyer is an entrepreneur, in the case of acceptance of a delivery with externally visible damage in transit, he is obliged to note the damages on the respective shipping documents and to have them acknowledged by the deliverer; the packaging must be kept.

 

– If the (partial) loss or damage is not visible externally, the buyer, if he is an entrepreneur, must notify the seller within five days of delivery

or to report to the carrier within seven days of delivery, to ensure that any claims against the carrier can be made in good time. 

 

5.7. If the ordered product is not available because the seller of this product is not supplied by his supplier through no fault of his own, the seller may rescind the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will promptly reimburse the customer for any consideration already provided.

 

5.8 Consumers can place their orders without a minimum order value. If the buyer acts as an entrepreneur and if he has a dealer access, orders are only accepted for a minimum order value of 85.00 EUR excluding VAT. The buyer will be informed separately of the minimum order value or a shortfall during the order process.

 

6. Payment arrangements

6.1. The customer can choose from the available payment methods within or before the completion of the order process. Customers are informed about the available means of payment on a separate information page.

 

6.2. If payment by invoice is applicable, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

 

6.3. If third-party providers are charged with payment processing, e.g. Paypal. their terms and conditions apply.

 

6.4. If the due date of the payment is determined according to the calendar, the customer already is in default by non-observance of the appointment. In this case, the customer has to pay the statutory default interest.

 

6.5. The obligation of the customer to pay default interest does not exclude the assertion of further damages by the seller.

 

6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

 

 

7. Retention of title

Until full payment, the delivered goods remain the property of the seller. Prior to transfer of ownership, pledging, transfer, processing or transformation is not permitted without the consent of the seller.

 

 

8. Warranty and guarantee

8.1. The warranty is determined by legal regulations.

 

8.2. A warranty exists for the goods delivered by the seller only if it has been expressly stated. Customers are informed about the warranty conditions prior to initiating the order process.

 

 

9.  Liability

9.1. For a liability of the seller for damages, the following exclusions and limitations apply without prejudice to the other statutory eligibility requirements.

 

9.2. The seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence.

 

9.3. Furthermore, the seller is liable for the slightly negligent breach of material obligations whose breach jeopardizes the achievement of the purpose of the contract, or for the breach of duties whose fulfillment enables the proper execution of the contract in the first place and whose compliance the customer regularly relies on. In this case, however, the seller is liable only for the foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences.

 

9.4. The above limitations of liability shall not apply in the case of injury to injury to life, body or health for a defect after assuming a guarantee for the quality of the product and with maliciously concealed defects. Liability under the Product Liability Act remains unaffected.

 

9.5. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

 

10. Storage of the contract text

10.1. The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

 

10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest when the goods are delivered, the customer also receives a copy of the terms and conditions together with the cancellation policy and the information about shipping costs as well as terms of delivery and payment. If you have registered in our shop, you can see your order placed in your profile area. In addition, we save the contract text, but make it inaccessible on the internet.

 

 

11. Final provisions

11.1. Jurisdiction and place of performance is the seat of the seller, if the customer is a merchant, a legal entity under public law or a special fund under public law.

 

11.2. Contract language is German.

 

11.3. European Commission Online Dispute Resolution (OS) platform for consumers: http://ec.europa.eu/consumers/odr/. We are not prepared and obliged to participate in a dispute settlement procedure before a consumer arbitration board.