General Terms and Conditions

General terms and conditions

1 Scope, definitions

1. These terms and conditions apply to all orders in Neumann Pflanzen GmbH, Mr. Jörg Neumann online shop. The version valid at the time of the order is decisive. Any conditions imposed by the customer that deviate from these terms and conditions will not be recognised unless Neumann Pflanzen GmbH, Mr. Jörg Neumann agrees to them in writing.
   
   
2. The customer is a consumer, as long as the purpose of the deliveries and services ordered cannot be attributed to the consumer's commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or legal partnership who, on conclusion of the contract, exercises their commercial or independent professional activity.

2 Contractual partners

Operator of the online shop and contractual partner for all orders is
Neumann Pflanzen GmbH, Mr. Jörg Neumann, Oldenburger Straße 67, 26160 Bad Zwischenahn, Germany

3 Conclusion of contract

1. (1) The customer can select products from Neumann Pflanzen GmbH, Mr. Jörg Neumann's assortment and put them in a so-called shopping basket via the "Add to basket" button. The descriptions of the product range in the online shop do not represent a binding offer to conclude a purchase contract. Via the "Commit to buy" button the customer submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time. By clicking on the purchase button, you place a binding order for the goods listed on the order page.
   
   
2. Neumann Pflanzen GmbH, Mr. Jörg Neumann then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out via the "Print" feature. The automatic confirmation of receipt merely documents that the customer's order has been received by the supplier and does not constitute acceptance of the order. The contract is not concluded until the supplier submits an acceptance declaration, which is sent in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, terms and conditions and order confirmation) will be sent to the customer in a durable medium (email or hard copy) by us (contract confirmation). The text of the contract will be stored in compliance with data protection.

4 Prices and shipping costs

1. There is no shipping.

5 Payment

1. Payment is made via
   
   
   
   
2. Neumann Pflanzen GmbH, Mr. Jörg Neumann expressly points out that Deutsche Post only accepts cash for the payment of cash-on-delivery shipments. By entering your credit card number in the order, Neumann Pflanzen GmbH, Mr. Jörg Neumann is authorised to collect the purchase price amount from your credit card account specified in the order.
   

6 Delivery

1. There is no delivery.

7 Right of cancellation for consumers

1. A consumer is any natural person who enters into a legal transaction for purposes which can be primarily attributed neither to their commercial nor to their independent professional activity. (cf. Section 13 BGB).
   
   
2. Unless the parties have agreed otherwise, the right of cancellation does not exist in the case of contracts
   • for the delivery of goods which are not prefabricated and for the production of which an individual choice or decision by the consumer is required or which are clearly tailored to the personal needs of the consumer
   • for the supply of goods that can spoil quickly or whose sell-by date passes quickly
   • for the supply of sealed goods which are not suitable to be returned for reasons of health or hygiene if their seal was removed after delivery
3. Consumers have the following right of cancellation:
   
   
   
   Right of cancellation
   
   You have the right to cancel this contract within fourteen days without giving reasons.
   The cancellation period is fourteen days from the date on which you or a third party authorised by you, who is not the carrier, have taken possession of the goods.
   To exercise your right of cancellation, you must inform us (Neumann Pflanzen GmbH, Mr. Jörg Neumann, Oldenburger Straße 67, 26160 Bad Zwischenahn, Bad Zwischenahn, Germany, Email: info@neumann-pflanzen.de, Phone: +49 (0) 4403 / 93 20 - 0, Fax: +49 (0) 4403 / 93 20 - 20) by means of a clear statement (e.g., a letter sent by post, call, fax or email) about your decision to cancel this contract. You can use the attached sample cancellation form for this, but it is not obligatory.
   To comply with the cancellation period, it is sufficient to send the notification that you are exercising your right of cancellation before expiration of the cancellation period.
   
   
   Effect of cancellation
   If you cancel this contract, we are obliged to promptly refund all payments that we have received from you, including the delivery costs (with the exception of any additional costs incurred by your optional choice of another mode of delivery other than the least expensive standard delivery offered by us), and in no event later than fourteen days from the date on which your notice of cancellation was received by us. The refund will be processed using the same payment method that you used for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged for the processing of this refund. We may withhold the refund payment until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever is earlier.
   You have to return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you informed us about the cancellation of this contract. The deadline is deemed to be complied with if you send the goods before the expiry of the period of fourteen days. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for quality, characteristics and functionality verification.
   
   End of the cancellation policy
   
   
4. Sample cancellation form
   (If you want to cancel the contract, please fill out this form and send it back.)
   
   To
   Neumann Pflanzen GmbH, Mr. Jörg Neumann
   Oldenburger Straße 67
   26160 Bad Zwischenahn
   Fax: +49 (0) 4403 / 93 20 - 20
   Email: info@neumann-pflanzen.de
   
   Cancellation
   I hereby give notice that I/we (*) would like to cancel my/our (*) contract concluded for the purchase of the following products (*)
   
   ___________________________________________________________________________________________________
   the provision of the following service (*)
   
   ___________________________________________________________________________________________________
   
   Ordered on (*)__________________ /received on (*)___________________
   
   Name of the consumer(s): _________________________
   
   Address of the consumer(s): _________________________
   _________________________
   _________________________
   _________________________
   
   _______________________ _________________________
   Signature(s) of the consumer(s) Date
   (only in case of notification on paper)
   
   (*) Delete as appropriate.
   You can also download the sample cancellation form here.

8 Retention of title

Until full settlement of all claims against the customer arising from the purchase contract, the delivered goods shall remain the property of Neumann Pflanzen GmbH, Mr. Jörg Neumann. As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; in particular, the customer may contractually not allow third parties to use the goods.

9 Defect-related rights

Neumann Pflanzen GmbH, Mr. Jörg Neumann is liable for material defects in accordance with the applicable legal regulations. The warranty period for items delivered by Neumann Pflanzen GmbH, Mr. Jörg Neumann to businesses is 12 months.

10 Liability

1. Customer claims for compensation are excluded. Exceptions to this are claims for damages on the part of the customer due to injury to life, limb, health or the violation of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty on the part of Neumann Pflanzen GmbH, Mr. Jörg Neumann, their legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
   
   
2. In case of a breach of essential contractual obligations, Neumann Pflanzen GmbH, Mr. Jörg Neumann shall only be liable for the contractual, foreseeable damage if this was caused by simple negligence, unless there are claims for damages by the customer due to injury to life, body or health.
   
   
3. The restrictions of Paragraphs 1 and 2 also apply to Neumann Pflanzen GmbH, Mr. Jörg Neumann's legal representatives and vicarious agents if claims are made directly against them.
   
   
4. The limitations of liability arising from Paragraphs 1 and 2 shall not apply if Neumann Pflanzen GmbH, Mr. Jörg Neumann fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same shall apply if Neumann Pflanzen GmbH, Mr. Jörg Neumann and the customer have reached an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.

11 Applicable law

The contract concluded between you and Neumann Pflanzen GmbH, Mr. Jörg Neumann is subject to the law of the country Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state, in which you have your habitual residence.

12 Jurisdiction

1. If when placing the order you are not resident in Germany, or take up residence abroad after conclusion of the contract, or your residence is not known at a time when legal action is taken against you, the exclusive jurisdiction for all disputes arising from and in connection with the contractual relationship is Bad Zwischenahn.
   
   
2. If the buyer is a merchant, a legal entity under public law or a publicly-owned special fund, jurisdiction for all disputes arising from contractual relationships between the buyer and Neumann Pflanzen GmbH, Mr. Jörg Neumann shall be the registered office of Neumann Pflanzen GmbH, Mr. Jörg Neumann.

13 Dispute resolution for consumers

The European Commission has set up an internet platform for online dispute resolutions. The platform serves as a contact point for the out-of-court settlement of disputes over contractual obligations arising from purchase contracts concluded online. You can reach the platform at the following link: http://ec.europa.eu/consumers/odr/.