§ 1 General Information
Your contractual partner for all orders within the scope of this online offer is Die Stadtgärtner, represented by its CEO Board: Derk Niemeijer, Kohdiek 60, 48531 Nordhorn, Germany, hereafter referred to as "City Gardener".
All deliveries from City Gardener to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between City Gardener and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if City Gardener has agreed to them in writing.
§ 2 Conclusion of the Contract
(1) The "offers" contained on the website represent a non-binding invitation for the customer to place an order with City Gardener.
(2) By filling in and sending off the order form on the Internet, the Customer makes a binding offer for the conclusion of a contract of purchase and/or a contract for work and materials. Before finally sending off the order form, the customer has the opportunity to check that his/her details are right and if necessary to correct them on a summary page. The following languages are currently available for the ordering process: German, English. Then City Gardener sends an order confirmation via e-mail to the customer and examines the offer regarding its legal and effective feasibility. The order confirmation does not represent an acceptance of the offer but shall only acknowledge to the customer that their order was received by City Gardener. The contract only materialises when City Gardener dispatches the product ordered to the Customer and confirms the dispatch to the customer with a second e-mail (“Shipping Confirmation”). The details of the order can also be viewed online in the user profile under "Transactions" on www.city-gardener.com.
(3) The conclusion of the contract shall depend on punctual and correct supply of the goods to City Gardener. This proviso shall not apply in the event of short-term disruption to deliveries or if City Gardener can be held responsible for non-delivery, in particular if City Gardener fails to make a congruent hedging transaction in good time. The Customer will be informed immediately that the service is not available. If Customer has already paid for the goods, this money will be reimbursed.
§ 3 Delivery / Shipment
(1) In principle, delivery is made within three weeks from the date when the Customer receives confirmation of his/her order. Delivery dates and times are only binding if they are expressly confirmed as such by City Gardener in writing.
(2) Delivery is available to Germany as well as some European countries: More information can be found in our FAQs.
(3) Delivery shall be conducted by a shipment service provider chosen by City Gardener. The customer has to pay standard shipping costs which may depend on the weight of the items ordered, and where it is shipped to.
(4) If in exceptional circumstances delivery is not possible within the period of three weeks after conclusion of the contract mentioned in (1), City Gardener shall promptly inform the customer about it in writing, at the latest with the expiration of this time limit (§ 126b of the German Civil Code). The customer is then entitled to a right of withdrawal, which they, in turn, shall exercise immediately in writing (§ 126b of the German Civil Code).
§ 4 Prices
(1) For customers ordering from EU states, the prices as given are the gross prices and include the statutory incidental taxes, in particular Value Added Tax. Postage and packing is charged for separately and shown separately in the invoice. The delivery address is definitive.
(2) For customers from outside the EU all stated prices are net prices. The shipping address is decisive. If, according to the statutory regulations, the goods are subject to sales taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.
(3) The customer has to pay shipping and handling, which may depend on order weight and the delivery location.
(4) Purchase price, along with shipping and handling charges are immediately payable, without deduction.
§ 5 Payment
(1) The customer chooses the method of payment, which may be direct debit (SEPA direct debit mandate), credit card, advance payment, PayPal or direct transfer. City Gardener reserves the right of restricting the number of payment methods that a customer can choose from on the basis of factual criteria, as for example the order value. In case of direct debit payment (SEPA direct debit mandate), City Gardener will submit a pre-notification along with the order confirmation to the customer once the order has been completed (refer to § 2 par. 2). Settlement of accounts are effected by means of direct debit entries with the bank in charge of the customer’s account in Germany, Austria and Spain 1 day on submitting a pre-notification at the earliest, and in other countries 5 days on submitting a pre-notification at the earliest.
(2) In case of the method of payment chosen by the customer not being practicable, where City Gardener has met its contractual obligations, in particular if it is the case that a direct debit from the customer´s account is not possible due to a lack of funds or provision of wrong information, then the customer shall reimburse any additional costs incurred by City Gardener or a third party which carried out the transaction.
(3) City Gardener is entitled to make use of the services of trustworthy third parties for the handling of the payment:
a) If it comes to a default of payment of the customer, City Gardener is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.
b) In the case of intervention of third parties in the handling of payments, then payment in relation to City Gardener only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.
§ 6 Conditional Sale
(1) Up to the payment of any monies owed to City Gardener the goods remain the property of City Gardener. If the customer is a merchant according to the German Commercial Code (HGB), City Gardener remains owner of all delivery items up to the receipt of all payment due resulting from the business relationship.
(2) The customer is obliged to handle the product with care up to the transfer of ownership.
§ 7 Guarantee
(1) As far as there is a defect in the goods which falls under warranty, the customer shall be entitled in the context of statutory regulations to demand supplementary performance, withdraw from the contract or a reduction in purchase price.
(2) In the case of return shipments due to defects City Gardener will also pay for the cost of postage.
(3) Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless and/or available at any time. Thus, City Gardener shall not be liable for the continuous and uninterrupted availability of the online offer.
(4) The claims of the customer from warranty need as a prerequisite that they, as far as the customer is a merchant, have met their due obligations of examination and censure according to § 377 of the German Commercial Code (HGB).
(5) The term of limitation for claims under warranty for the goods provided is two years starting from the receipt of such goods. If the customer is in business then the term of limitation is one year.
§ 8 Limitation of Liability
(1) Apart from that, liability on the part of City Gardener follows statutory provisions, insofar as nothing else is determined in these general terms and conditions. City Gardener only bears unlimited responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. In addition, City Gardener also bears unlimited responsibility for damages in cases of mild negligence resulting in loss of life, bodily harm or damage to health. In the case of mild negligence and breach of an essential contractual obligation (cardinal obligation) City Gardener´s liability is limited to the payment of the foreseeable, typically occurring damage. Liability of City Gardener according to the German Product Liability Act remains unaffected by the abovementioned provisions.
(2) As far as liability of City Gardener is excluded or limited in these general terms and conditions then the same applies for personal liability for damages on the part of employees, representatives and agents of City Gardener.
§ 9 Information about the right of withdrawal for consumer
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (Die Stadtgärtner, Derk Niemeijer, Kohdiek 60, 48531 Nordhorn, Germany, Telephone +49 (0) 5921-7119344, email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately 20 GBP. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To Die Stadtgärtner, Derk Niemeijer, Kohdiek 60, 48531 Nordhorn, Germany, Telephone +49 (0) 5921-7119344, firstname.lastname@example.org
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
§ 10 Data Protection
City Gardener uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by City Gardener for fulfillment and handling of the contract. This data is treated confidentially by City Gardener and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which City Gardener has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.