-------------------------------------------------------General Terms and Conditions with Customer Information------------------------------------------------------
Table of Contents------------------1. Scope of Application 2. Conclusion of Contract 3. Right of Withdrawal 4. Prices and Terms of Payment 5. Delivery and Shipping Conditions 6. Retention of Title 7. Liability for Defects (Warranty) 8. Applicable Law 9. Alternative Dispute Resolution
1) Scope of Application 1.1 These General Terms and Conditions (hereinafter "GTC") of Steffen Latniak (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed. 1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of its commercial or independent professional activity.
2) Conclusion of Contract 2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as an invitation to the customer to submit a binding offer. 2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods contained in the shopping cart by clicking the button that completes the order process. Furthermore, the customer may also submit the offer to the seller by telephone, email, or via the online contact form. 2.3 The seller may 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 email), in which case the receipt of the order confirmation by the customer is decisive; or - delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive; or - requesting payment from the customer after the customer has placed the order. If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. 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 shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent. 2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button completing the order process. 2.5 When an offer is submitted via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the order has been submitted. The seller does not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before submitting their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details. 2.6 Before submitting a binding order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors is the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button to finalize the order. 2.7 The German language is the only language available for concluding the contract. 2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.
3) Right of Withdrawal 3.1 Consumers generally have a right of withdrawal. 3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy. 3.3 The right of withdrawal does not apply to consumers who are not citizens of a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and Payment Terms 4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices, including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description. 4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred with regard to money transfers even 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. 4.4 If advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and Shipping Terms 5.1 Unless otherwise agreed, goods are delivered by mail to the delivery address specified by the customer. The delivery address specified in the seller's order processing system is decisive for the transaction. However, if PayPal is selected as the payment method, the delivery address registered with PayPal by the customer at the time of payment is decisive. 5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the initial shipping costs if the customer effectively exercises their right of withdrawal. For return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal. 5.3 Self-collection is not possible for logistical reasons.
6) Retention of title: If the seller performs in advance, he retains title to the delivered goods until full payment of the purchase price owed.
7) Liability for Defects (Warranty) 7.1 If the purchased item is defective, the provisions of statutory liability for defects apply. 7.2 The customer is requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller. Failure to do so will not affect the customer's statutory or contractual rights regarding defects.
8) Applicable Law 8.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence. 8.2 Furthermore, this choice of law does not apply to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not resident in a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
9) Alternative Dispute Resolution 9.1 The EU Commission provides a platform for online dispute resolution at 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 involving a consumer. 9.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Legal Notice Steffen Latniak Karlstrasse 506347 Gerbstedt / OT Augsdorf Germany Tel.: 0160/1725436 E-Mail: exotic-garten@gmx.de VAT identification number according to § 27 a of the German VAT Act: DE 254578510 EU Commission's online dispute resolution platform: https://ec.europa.eu/odr We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Member of the "Fairness in Trade" initiative. Further information: https://www.fairness-im-handel.de