Terms of service
General terms and conditions with customer information
1. Scope
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment methods
7. Retention of Title
8. Material defect warranty and guarantee
9. Liability
10. Storage of the contract text
11. Final provisions
1. Scope
1.1. For the business relationship between Women's Plants, owner: Sarah Krill, Eckeseite 38, 35216 Biedenkopf (hereinafter "seller") and the customer (hereinafter "customer"), the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2. You can reach me for questions, complaints and complaints by email at info@womens-plants.com or using the contact form. I will try to answer within 24 hours.
1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed 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 service descriptions
The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller's websites do not have the character of an assurance or guarantee.
All offers are valid "while stocks last", unless otherwise noted for the products. Incidentally, errors remain reserved.
3. Order process and conclusion of contract
3.1. The customer can select products from the seller's assortment without obligation and collect them in a so-called shopping cart using the “Add to cart” button. The product selection can be changed, e.g. deleted, within the shopping cart. The customer can then use the “(Next) to checkout” button in the shopping cart to complete the ordering process.
3.2. The customer submits a binding application to purchase the goods in the shopping cart via the “order with obligation to pay” button. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to go back to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller 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 using the "Print" function (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller sends, hands over or dispatches the ordered product to the customer within 2 working days has confirmed the customer within 2 days with a second e-mail, an explicit order confirmation or sending the invoice.
3.4. If the seller enables payment in advance, the contract is concluded with the provision of the bank details and payment request. If, despite the due date, the seller has not received the payment by 10 calendar days after the order confirmation has been sent, even after a renewed request, the seller withdraws from the contract with the result that the order is void and the seller has no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the article for prepayment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices stated on the seller's website include the applicable statutory sales tax.
4.2. In addition to the prices quoted, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1. If prepayment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. Should the delivery of the goods fail due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment methods
6.1. The customer can choose from the available payment methods before completing the order process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 10 days of receiving the goods and the invoice. For all other payment methods, payment must be made in advance without any deductions.
6.3. If third-party providers are commissioned to process payments, e.g. PayPal. their general terms and conditions apply.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case the customer has to pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not preclude the seller from asserting further damage caused by default.
6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Cancellation policy for consumers for a contract in which the goods are delivered in a single delivery
Right of withdrawal
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (Women's Plants, Eckeseite 38 35216 Biedenkopf, 01735829161, info@womens-plants.com) by means of a clear declaration (e.g. a letter sent by post or email) about your decision to enter into this contract to revoke, inform. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
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 to check the nature, properties and functionality of the goods.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- At Women's Plants, Corner side 38 35216 Biedenkopf, 01735829161,info@womens-plants.com:
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if this is communicated on paper)
- date
—————————————
(*) Delete where inapplicable.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts
for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose use-by date would quickly be exceeded;
for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely in the case of contracts
for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature;
for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
8. Cancellation policy for consumers for a contract for several goods that the consumer has ordered as part of a single order and that are delivered separately
Right of withdrawal
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us (Women's Plants, Corner side 38 35216 Biedenkopf, 01735829161,info@womens-plants.com. You can also use the shortcode and save the address in Settings DE.]) By means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will give you all payments that we have received from you, except for the standard delivery costs (Germany: € 4.50) (and with the exception of the additional costs that result from the fact that you choose a different type of delivery than the cheapest standard delivery offered by us), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
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 to check the nature, properties and functionality of the goods.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- At Women's Plants, Corner side 38 35216 Biedenkopf, 01735829161,info@womens-plants.com:
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if this is communicated on paper)
- date
—————————————
(*) Delete where inapplicable.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts
for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose use-by date would quickly be exceeded;
for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely in the case of contracts
for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature;
for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
9. Retention of title
The delivered goods remain the property of the seller until they have been paid for in full.
10. Material defect warranty and guarantee
10.1. The guarantee is determined according to legal regulations.
10.2. The goods delivered by the seller are only guaranteed if this has been expressly given. Customers are informed of the warranty conditions before the order process is initiated.
11. Liability
11.1. Regardless of the other statutory entitlement requirements, the following exclusions and limitations of liability apply to the seller's liability for damages.
11.2 The seller has unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
11.3 Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
11.4. The above limitations of liability do not apply to injury to life, limb and health, to a defect after assuming a guarantee for the quality of the product and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
11.5. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
12. Storage of the contract text
12.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
12.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, but no later than with the delivery of the goods, the customer will also receive a copy of the terms and conditions along with the cancellation policy and information on shipping costs and delivery and payment conditions. If you have registered in our shop, you can see the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.
13. Final provisions
13.1. The place of jurisdiction and fulfillment is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
13.2. The contract language is German.
13.3. 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 take part in a dispute settlement procedure before a consumer arbitration board.
