Conditions

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Johannes Gruber) via the www.hg-kakteen.de website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
 

(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are then displayed again on the order overview page.

Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order.
By submitting the order via the "Order with obligation to pay" button, you submit a binding offer to us.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.

(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is stated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Special agreements on offered payment methods

(1) SEPA direct debit (basic and/or company direct debit)
When paying by SEPA core direct debit or SEPA company direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit is collected within 3 days of the conclusion of the contract.
The deadline for submitting the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.

§ 4 Right of retention, retention of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2)  The goods remain our property until the purchase price has been paid in full.

§ 5 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.

§ 6 Choice of Law

(1)  German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2)  The provisions of the UN Sales Convention expressly do not apply.

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II. Customer Information

1. Identity of Seller

Johannes Gruber

Radlkoferstr. 17

81373 München

Deutschland

Phone number: 015174466324

E-Mail: info@hg-kakteen.de


Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr .

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system  the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, eg by e-mail, which you can print out or save electronically.

4. Essential characteristics of the goods or service

The essential features of the goods and/or service can be found in the respective offer.

5. Prices and terms of payment

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear. 

5.4. You have to bear the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Terms of Delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.

 

The risk turns on the buyer (outside the EU) with sending off the plants by the Johannes Gruber, Klarastraße 19 or an authorized representative.
Buyers from North and Central and South America, Russia, China and other Asian countries order on their own risk (import licensing, customs regulations, etc.).
We do not take any responsibility for the shipment.
If you do not agree, please do not make your order at us.
For all other countries Pytosanitary certification is necessary including Swizerland and UK (costs 35,00 ).
All shipments without Phytosanitary certificate will be shipped totally on the customers risk. In no way Johannes Gruber is responsable for non-arrival or custom confiscation. We will not refund or re-send plants and we also will not accept return parcels sent back from customs from your country !!

CITES appendix I plants are dispatched only within the EU.
We reserve us the right to make a partial delivery if this appears favourable for a risk handling.

7. Statutory liability for defects

Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at:  https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service .

last update: 04.02.2022