Anthurium Veitchii

TERMS AND CONDITIONS

0. Definitions

1. Scope of application

2. Conclusion of Contract and Order Process

3. Right of withdrawal

4. Prices

5. Conformity and Warranty

6. Payment

7. Terms of delivery

8. Transport damage, packaging and shipping

9. Complaints

10. Liability

11. Disputes

12. Redemption of gift vouchers

13. Indemnity

14. Dissolution

15. Force Majeure

16. Change in General Terms and Conditions

17. Applicable law and competent court

0. Definitions

  1. Seller:“Planty‘s”, “we,” “us,” or “our”, „plantys.de
  2. Customer: a consumer or entrepreneur that uses offers and / or services of Planty’s and in this way enters into an agreement with Planty’s.
  3. Parties: Planty‘s and Customer together.
  4. Consumer: a customer who is an individual acting for private purposes. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
  5. Entrepreneur: Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction. 

  1. Scope of Application

  1. These terms and conditions of the company Planty’s apply to all quotations, offers, activities, orders, contracts, agreements and deliveries of services or products between the Seller and Customer via our onlineshop plantys.de.
  2. The Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The Parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the Customer or of third parties.
  4. Regarding the purchase of vouchers, these terms and conditions shall apply accordingly, unless expressly agreed otherwise.
  5. For contracts regarding the delivery of vouchers, these terms and conditions shall apply accordingly, unless expressly agreed otherwise.
  6. In relation to Entrepreneurs, these terms and conditions shall also apply to future business relations without us having to refer to them again. If the Entrepreneur uses conflicting or supplementary terms and conditions of business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. Conclusion of Contract and Order Process

  1. The contract is concluded with the Seller Planty‘s (represented by Herrn Christoph Schumann, Kopenhagener Straße 8, 10437 Berlin Germany) and the Customer.
  2. The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Customer.
  3. The subject of the contract is the production and dispatch of furniture and wooden products (such as indoor greenhouses, plant stands and others) and the sale and dispatch of live plants. The details, in particular the essential characteristics of the products, can be found in the item description and the supplementary information on the website of the Seller. 
  4. The Customer may submit the offer via the online order form integrated into the Seller’s online shop at plantys.de. The Customer submits a legally binding contract offer by successfully completing the order process operated in our online shop.
  5. The order process includes the following steps:
    1. Select the desired product.
    2. Confirm by clicking on the button “Add to Cart”.
    3. Check the information in the cart.
    4. Press the “Proceed to Checkout” button.
    5. Enter order- and billing address.
    6. Select the payment method.
    7. Final check and correction of the data entered and accepting the terms and conditions.
    8. Binding placement of the order takes place by pressing the “Send Order” button.
  6. Prior to submitting a binding order via the Seller’s online order form, the Customer may recognize input errors by reading attentively the information displayed on the screen. The Customer is able to access and check information once again by pressing the “back” button on their internet browser and returning to the web page on which the customer information is logged. Here, the customer can correct any erroneous cart entries and press the „update cart“ button  or cancel the order process by closing the internet browser.
  7. The Seller confirms the receipt of the order immediately with an automatically generated email (“order confirmation”). With this confirmation, we accept your offer. Order processing and contacting usually takes place via e-mail and automated order processing. It is the Customer‘s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Customer`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
  8. We provide non-binding information about the goods offered in our online shop through our social media channels, such as Instagram. You are welcome to send us non-binding pre-orders for our design indoor greenhouse Planty’s Place by email. Acceptance of such pre-orders is subject to availability, confirmation from us and final agreement with you.
  9. Storage of the contract text with orders via our online shop: We save the contract text and send you the order details and our terms and conditions by email.
  10. The contract language is English. We save the text of the contract and send you the order data and our terms and conditions by e-mail. In the login-area of your account

3. Right of withdrawal

  1. A Customer may cancel an online purchase during a period of 14 days, provided that the product is in the same condition that is was shipped in.
  2. The reflection period of 14 days as referred to in paragraph 4.1 commences on the day after the consumer has received the last product or part of one order
  3. The Customer can notify his right of cancellation via info@plantys.de within 24 hours after receiving the product.
  4. The Customer is obliged to return (ship) the product to Planty‘s within 2 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
  5. The costs for return are paid by the customer. 
  6. Planty‘s will only refund the costs of the product to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Planty‘s in time.

4. Prices

  1. The prices displayed on our website at the time of order placement apply. We reserve the right to correct any obvious errors.
  2. All prices used by Planty‘s are in euros including VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
  3. Planty’s is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 
  4. Increases in the cost prices of products or parts thereof, which Planty’s could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 
  5. The Customer has the right to terminate an agreement as a result of a price increase as referred to in the last, unless the increase is the result of statutory regulation.

5. Conformity and Warranty

  1. Planty’s guarantees that the products and / or services comply with the agreement, the specifications stated in the offer.
  2. Planty‘s is responsible for the authenticity of the delivered products, in accordance with the description in the offer.
  3. Images, examples and descriptions are indicative and do not bind the Seller. Because it concerns natural products, colors, sizes and shapes of delivered products may differ from the images shown on the website. Also due to seasonal influences, products may differ from the images shown on the website. This does not give the customer the right to cancel the order.
  4. The Seller and Customer will, in reliance on the guarantee scheme, jointly seek a suitable solution.
  5. The Seller must be able to check the submitted claim to the guarantee scheme.
  6. For a justified claim to the guarantee scheme, the Customer must have taken the correct care of the product. This includes, among other things, following the care tips, taking care of the control of pests and plant diseases. As well as taking care of the right location for the surface and sunlight.
  7. Damage due to dehydration, frost and extreme weather conditions is not covered by the warranty.
  8. Additionally and/or in deviation to the terms mentioned in paragraphs 5.1-5.5 the following terms shall apply to our wooden products (e.g. our indoor greenhouse Planty‘s place): The statutory liability for defects shall apply. Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop. Wood is a natural product, which can show colour differences and growth-related irregularities. Deviations in colour and structure between individual parts of a piece of furniture or in relation to other pieces of furniture made of the same material are reserved, provided that these deviations are due to the nature of the materials used (solid wood, veneers, etc.) and are customary in the trade. Wood can change its volume, which can lead to warping, inaccuracies of fit and cracking. Deviations of up to 1 mm per meter can occur with solid wood and panel materials due to product and production factors. The external dimensions remain unchanged. Oiled surfaces can look uneven. Such circumstances do not constitute a defect and therefore do not entitle the customer to assert warranty rights. 

6. Payment

Payment can be made using one of the methods mentioned in the Seller’s online shop.

  1. Unless otherwise specified for the individual types of payment, the payment claims from the concluded contract are due for payment immediately. 
  2. Payment in advance via bank transfer: When paying in advance, the Customer is obliged to pay the purchase price immediately after conclusion of the contract. In this case, the total amount (purchase price plus delivery and shipping costs) must be transferred to the account, which will be communicated to the Customer in our confirmation email. We will deliver the goods after receipt of payment.
  3. Credit card: When the Customer places an order, he or she provides their credit card details. After the legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and the Customer‘s card will be charged. 
  4. PayPal: During the ordering process the Customer will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, the Customer must be registered there or first register, authenticate with his or her access data and confirm the payment order to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process. If the Customer chooses “PayPal Express” when placing his order, payment processing is handled by the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”). The PayPal terms of use shall apply which can be viewed at: https://www.paypal.com/ie/webapps/mpp/ua/servicedescription-full?locale.x=en_IE. In case the Client has no PayPal account, the conditions for payments without PayPal account will apply which can be viewed at: https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US. If the Client chooses “PayPal Express” as payment method, he initiates also a payment order to PayPal by clicking the button finalizing the order process. In this case, the Seller declares his acceptance of the Customer’s offer already at the time when the Customer initiates the payment transaction by clicking the button finalizing the ordering process.

7. Terms of delivery 

  1. Delivery takes place while stocks lasts. 
  2. Products ordered online are generally delivered on dispatch route and to the delivery address indicated by the Customer, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive.
  3. Should the assigned transport company return the goods to the Seller, because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful dispatch. This shall not apply, if the Customer exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Customer’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Customer about the service for a reasonable time in advance.
  4. The dispatch of the goods will take place when the order processing is completed. Planty‘s strives for a delivery period of 7 working days after the conclusion of the agreement, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, Planty‘s will contact the Customer as soon as possible. However, exceeding the delivery time does not give the customer the right to terminate the agreement, unless the delivery time exceeds 30 days.
  5. In the event of termination, in accordance with the previous paragraph, the Seller will refund the amount that the Customer has paid as soon as possible, but no later than 30 days after termination.
  6. If delivery of an ordered product appears to be impossible, the Seller will endeavor to make a replacement item available. At the latest at the delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered.
  7. Shipping costs are added to the stated product prices unless free delivery is guaranteed. Shipping costs will be individually calculated and indicated at the end of the check-out process. The production and the stated delivery time always starts after receipt of payment or after order release. The valid delivery time is stated in the order confirmation. You can view this in advance in the shopping cart. For orders where individual products have different delivery times, the total delivery time depends on the longer value.
  8. In the case of special requests, the delivery time can deviate from the specified period, depending on the effort involved, and is extended by up to 2 weeks. During the Christmas and Easter periods the delivery time can also be extended by up to 2 weeks.
  9. We also deliver to other European countries, additional costs will be incurred depending on size, weight and place of delivery. The delivery will be made exclusively by shipping. It is not possible to collect the goods yourself or to deliver them to packing stations.

8. Transport damage, packaging and shipping

  1. The following applies to Customers: If goods with obvious transport damage are delivered, please complain about such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company. 
  2. The Customer is obliged to inform the Seller within 24 hours after delivery about any damages to the received product, this should be done via email accompanied by pictures of the damages and sent to info@plantys.de
  3. The Customer should be aware that light transport damages (such as snapped roots or yellowing leaves) may occur and these will not be considered for a refund.
  4. As plants are living things and each is unique, imperfections can occur and should be considered normal. Plants that are deemed healthy but carrying those insignificant imperfections won’t be considered for a refund unless returned to the Seller.
  5. Any plant purchased from Planty‘s should not be removed from its original substrate or pot for 7 days after delivery. Any disturbance to the plant’s roots in 7 days from the delivery will cancel the right to return or refund.
  6. The rule in paragraph 10.5 does not apply, if the plant is shipped in moss.
  7. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Planty‘s may not be held liable for any damage.
  8. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Planty‘s, failing which Planty‘s cannot be held liable for any damage.

9. Complaints

  1. The Customer must examine a product provided by Planty‘s as soon as possible.
  2. If a delivered product does not comply with what the Customer could reasonably expect from the agreement, the Xustomer must inform Planty’s of this as soon as possible, but in any case within 24 hours after the discovery of the shortcomings. 
  3. The customer gives a detailed description as possible of the shortcomings, so that Planty‘s is able to respond adequately. 
  4. The Customer must demonstrate that the complaint relates to an agreement between the Parties.
  5. The Customer must provide any notice of default to Planty‘s in writing.
  6. It is the responsibility of the customer that a notice of default actually reaches Planty’s in time. 

10. Liability of Planty‘s

  1. Planty‘s is never liable for indirect damages, such as damage through shipping or consequential loss or damage to third parties.
  2. All images, photos, colours, drawings, descriptions on the website are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
  3. Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the services offered there. 

11. Disputes

12.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and sellers.

12.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

12. Redemption of gift vouchers

10.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stipulated in the voucher.

10.2 Gift vouchers and remaining assets of gift voucher can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Customer‘s voucher account.

10.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

10.6 If the value of the gift voucher is not enough for the order, the Customer may choose one of the remaining payment methods offered by the Seller to pay the difference.

10.7 The gift voucher credit will not be redeemed in cash and is not subject to any interest.

13. Indemnity

The customer indemnifies Planty‘s against all third-party claims that are related to the products and/or services supplied by Planty‘s.

14. Dissolution

  1. The Customer has the right to dissolve the agreement if Planty‘s imputably fails in the fulfilment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
  2. If the fulfilment of the obligations by Planty‘s is not permanent or temporarily impossible, dissolution can only take place after Planty‘s is in default. 
  3. Planty’s has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfil his obligations under the agreement, or if circumstances give Planty’s good grounds to fear that the customer will not be able to fulfil his obligations properly. 

15. Force majeure

  1. A shortcoming of Planty‘s in the fulfilment of any obligation to the customer cannot be attributed to Planty‘s in any situation independent of the will of Planty‘s, when the fulfilment of its obligations towards the Customer is prevented in whole or in part or when the fulfilment of its obligations cannot reasonably be required from Planty‘s. 
  2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
  3. If a situation of force majeure arises as a result of which Planty‘s cannot fulfil one or more obligations towards the customer, these obligations will be suspended until Planty‘s can comply with it. 
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both Parties may dissolve the agreement in writing in whole or in part. 
  5. Planty‘s does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

16. Changes in the general terms and conditions

  1. Planty‘s is entitled to amend or supplement these general terms and conditions. 
  2. Changes of minor importance can be made at any time. 
  3. Major changes in content will be discussed by Planty‘s with the Customer in advance as much as possible.
  4. Customers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

17. Applicable law and competent court

  1. The law of the Federal Republic of Germany shall apply to all legal relationships between the Parties under exclusion of the laws governing the international purchase of movable goods. For Customers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the Customer has his habitual residence. 
  2. The German court in the district where Planty‘s is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drawn up on October 24, 2020.  

 

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