General Terms and Conditions of Business
General Terms and Conditions of Business
1. SCOPE OF APPLICATION
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
Consumers are defined as consumers within the meaning of the Consumer Protection Act (KSchG) and in accordance with § 13 of the German Civil Code (BGB) and are therefore natural or legal persons who are not entrepreneurs.
The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. CONTRACTING PARTIES, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The contract of sale is concluded with Phytocomm Luxembourg sàrl.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. CONTRACTUAL LANGUAGE, STORAGE OF CONTRACTUAL TEXT
The language(s) available for the conclusion of the contract: German, English, French.
We store the text of the contract and send you the order data and our General Terms and Conditions in text form. You can view the text of the contract in our customer login.
4. DELIVERY CONDITIONS
Shipping costs may be incurred in addition to the stated product prices. You can find out more about any shipping costs in the offers.
We deliver only in the dispatch way. Unfortunately, it is not possible to collect the goods yourself.
In our shop you can choose between the following payment methods:
If you choose payment in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.
You enter your credit card details when placing your order. Your card will be charged immediately after placing the order.
SEPA direct debit
When you place your order, you give us a SEPA direct debit mandate. We will inform you of the date of the debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and the 24th and 31st of December each year. The account is debited before the goods are dispatched.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (""PayPal""), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions in the order process.
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (""Apple""), you must use the ""Safari"" browser, be registered with Apple, have activated the Apple Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.
The invoice amount is due 7 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
6. RIGHT OF REVOCATION
You are entitled to the statutory right of cancellation as described in the cancellation policy.
7. RESERVATION OF OWNERSHIP
The goods remain our property until full payment has been received.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. TRANSPORT DAMAGE
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company 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, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
9. WARRANTY AND GUARANTEES
The statutory liability for defects applies. Information on any additional warranties that may apply and their precise conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 6:00 p.m. by telephone at 352 2 690 8830 or by e-mail at email@example.com.
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
* in case of injury to life, body or health,
* in the event of intentional or grossly negligent breach of duty,
* in the case of guarantee promises, insofar as agreed, or
* insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. CODE OF CONDUCT
We have submitted to the following codes of conduct:
12. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which can be found here [https://ec.europa.eu/consumers/odr/]. Consumers have the possibility to use this platform for the resolution of their disputes.
To resolve disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is Service national du Médiateur de la consommation, 6, rue du Palais de Justice, 1841 Luxembourg, Luxembourg, https://www.mediateurconsommation.lu. We will participate in a dispute resolution procedure before this body.
13. FINAL PROVISIONS
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our registered office.
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