General Terms and Conditions with Customer Information
- Scope of Applicability
- Offers and Descriptions of Services
- Ordering Process and Conclusion of Contract
- Prices and Shipping Costs
- Delivery, Product Availability
- Payment Terms
- Retention of Title
- Warranty for Defects and Guarantee
- Liability
- Storage of Contract Text
- Final Provisions
1. Scope of Applicability
1.1. The business relationship between Bonsanto® Inh. Stefan Müller, Niederwindhagener Str. 56, 53578 Windhagen (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) is governed exclusively by the following General Terms and Conditions in their version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints, and objections on weekdays from [9:00 AM] to [6:00 PM] at the telephone number 004915253963817 as well as by email at info@bonsanto-mini-grow-box.com.
1.3. A consumer in the sense of these terms is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and Descriptions of Services
The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to submit an order. Descriptions of services in catalogs and on the seller’s websites do not have the character of a promise or guarantee. All offers are valid “while supplies last,” unless otherwise stated for the products. Errors are reserved.
3. Ordering Process and Conclusion of Contract
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart using the [add to cart] button. Within the shopping cart, the selection of products can be changed, e.g., deleted. The customer can then proceed to complete the order process by clicking the [Proceed to Checkout] button.
3.2. By clicking the [place order with obligation to pay] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and can return to the shopping cart using the browser’s “back” function or cancel the order process entirely. Necessary information is marked with an asterisk (*).
3.3. The seller then sends an automatic acknowledgment of receipt to the customer via email, in which the customer’s order is listed again and which the customer can print using the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller dispatches the ordered product to the customer within 2 days, hands it over, or confirms the dispatch to the customer within 2 days with a second email, explicit order confirmation, or sending the invoice.
3.4. If the seller allows advance payment, the contract is concluded with the provision of the bank details and payment request. If payment is not received by the seller despite being due, even after a renewed request, within 10 calendar days after sending the order confirmation, the seller withdraws from the contract, meaning that the order is void and the seller has no obligation to deliver. The order is then settled for the buyer and seller without further consequences. Thus, an item is reserved for advance payments for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices listed on the seller’s website include the respective applicable statutory value-added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and as part of the ordering process.
5. Delivery, Product Availability
5.1. If advance payment is agreed, delivery occurs after receipt of the invoice amount.
5.2. If the delivery of goods fails due to the buyer’s fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and may suggest delivery of a comparable product. If no comparable product is available or the customer does not wish for delivery of a comparable product, the seller will promptly refund any benefits already rendered to the customer.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment Terms
6.1. The customer can choose from the available payment methods during and before completing the ordering process. Customers will be informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without any deductions.
6.3. If third parties are commissioned with the payment processing, e.g., PayPal, their General Terms and Conditions apply.
6.4. If the payment due date is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay statutory default interest.
6.5. The customer’s obligation to pay default interest does not exclude the seller from asserting further default damages.
6.6. The customer has a right to set off only if his counterclaims are legally established or acknowledged by the seller. The customer can exercise a right of retention only to the extent that the claims arise from the same contractual relationship.
7. Retention of Title
Until full payment is received, the delivered goods remain the property of the seller.
8. Warranty for Defects and Guarantee
8.1. The warranty is determined by statutory provisions and applies for two years from the date of purchase. Excluded are consumables/wear items, such as the Bonsanto activated carbon filter bags or the CO2 bags. CO2 bags last as noted in the description for up to 2 weeks (after filling with warm water).
8.2. The warranty applies to all goods available in the Bonsanto shop.
8.3. The 14-day return period does not apply if the goods have already been used. For example, for growing plants.
9. Liability
9.1. The seller’s liability for damages is subject to the following exclusions and limitations, regardless of other statutory conditions for claims.
9.2. The seller is liable without limitation if the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slight negligent breach of essential obligations, the breach of which endangers the achievement of the contractual purpose, or for the breach of obligations the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, typical contractual damage. The seller is not liable for the slight negligent breach of other obligations not mentioned in the preceding sentences.
9.4. The above liability limitations do not apply in cases of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. To the extent that the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
10. Storage of Contract Text
10.1. The customer can print the contract text before placing the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order details to the email address provided by him. With the order confirmation, but no later than upon delivery of the goods, the customer also receives a copy of the GTC along with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. Furthermore, we store the contract text but do not make it accessible on the internet.
Note: Please ensure that the link http://ec.europa.eu/consumers/odr/ is clickable.
11. Final Provisions
11.1. The place of jurisdiction and fulfillment is the seller’s location if the customer is a merchant, a legal entity under public law, or a special fund under public law.
11.2. The language of the contract is German.
11.3. Platform of the European Commission for Online Dispute Resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.