General Terms and Conditions for our End Customers

Version dated 2 April 2020

General Terms and Conditions

§ 1 General, Scope of Application

1. The following General Terms and Conditions (GTC) govern the contractual relationship between Saterplant GmbH, Westermoorstr. 33, 26683 Saterland and the purchaser.
2. The purchaser accepts these GTC and agrees to them as soon as they place an order. Conflicting GTC of the purchaser do not become part of the contract.
3. These general terms and conditions apply only to consumers in accordance with § 13 BGB (German Civil Code).

§ 2 Conclusion of Contract

1. Conclusion of Contract via the Homepage (Online Shop):
   The placement of products in the online shop (saterplant.de) does not constitute a legally binding offer but a non-binding invitation to the purchaser to place an order. By clicking the order button, the purchaser places a binding order for the goods contained in the shopping cart. The purchaser then receives an automated confirmation of receipt by email in which the purchaser’s order is listed again. This automated confirmation of receipt does not constitute an acceptance of the offer, but merely documents that the seller has received the customer’s order. The acceptance of the contract is effected by a separate email from the seller confirming the order. With this confirmation, the purchase contract is concluded.
2. Conclusion of the Contract via eBay:
   Placing an offer on the eBay website constitutes a binding offer to conclude a contract for this item. The bidder accepts this offer by submitting a bid via the “Bid” function. The offer expires if another bidder places a higher bid during the bidding period. A contract for the purchase of the item is concluded with the highest bidder at the end of the auction. In the case of “buy now” offers, the contract is concluded when the purchaser clicks the “Buy Now” button and confirms the transaction.
3. Conclusion of Contract via Amazon.de:
   The placement of an offer on the internet platform “Amazon.de” constitutes a binding offer to conclude a contract for this item. The purchaser accepts this offer by clicking on the order button for the goods in the shopping cart. 
4. Conclusion of a Contract via real.de:
   The placement of an offer on the internet platform “real.de” constitutes a binding offer to conclude a contract for this item. The purchaser accepts this offer by clicking on the order button for the goods in the shopping cart.

§ 3 Payment and Due Date

1. Payment for the goods shall be made in advance (by bank transfer, by direct debit or by Paypal).
2. The purchase price is due immediately once the order is placed.

§ 4 Prices

The prices stated on the product pages are final prices including statutory sales added tax (value added tax). The costs for packaging and shipping can be found in the respective item description. 

§ 5 Terms of Delivery

1. Unless otherwise agreed, delivery will be made to the address given by the purchaser. Delivery to packing stations or self-collection of the goods is excluded.
2. Delivery times can be found in the individual offers. 
3. Delivery is only possible within Germany. 

§ 6 Retention of Title

The delivered goods remain the property of the seller until full payment has been made.

§ 7 Offsetting and Right of Retention

1. The customer is only entitled to set-off rights if their counterclaims have been legally established, are undisputed or have been recognized by us.
2. The exertion of a right of retention requires that the counterclaim is based on the same contractual relationship.

§ 8 Cancellation

1. Right of Cancellation:
   You have the right to cancel this this contract within 14 days without having to give a reason. The cancellation period is 14 days from the day on which you, or a third party named by you, who is not the carrier, have or had taken possession of the goods.
   To exercise your right of cancellation, you must inform us (Saterplant GmbH, Westermoorstr. 33, 26683 Saterland, Email: info@saterplant.de, Fax: +49 (0)4492 913799-299) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You may use the enclosed sample cancellation form for this purpose, however, this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
2. Consequences of Cancellation:
   If you cancel this contract, we will return to you all the payments we have received from you, including the delivery costs (with the exception of additional costs resulting from if you chose a type of delivery other than the most favourable standard delivery offered by us) without undue delay and at the latest within 14 days from the day on which we received the 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 expressly agreed otherwise with you. In no case will we charge you any fees for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
   You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you informed us of the cancellation of the contract. The deadline is met if you send the goods before the period of 14 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 which is not necessary for checking the condition, properties and functioning of the goods.
3. Sample Cancellation Form

   Saterplant GmbH
   Westermoorstr. 33
   26683 Saterland
   info@saterplant.de
   Fax: +49 (0)4492 913799-299

   I/we hereby revoke the contract I/we have concluded for the purchase of the following goods:

   Ordered on: / Received on:

   Name of the Consumer:
   Address of the Consumer:
   Signature of the Consumer:
   Date:

§ 9 Warranty

1. We are liable in accordance with the statutory provisions if the customer asserts claims for damages based on willful intent or gross negligence, including willful intent or gross negligence on the part of our representatives or vicarious agents. Unless we are accused of intentional breach of contract, liability is limited to the foreseeable, typically occurring damage. 
2. We are liable in accordance with the statutory provisions if we culpably violate an essential contractual obligation. In this case too, liability is limited to the foreseeable, typically occurring damage. 
3. Liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
4. The limitation period for claims for defects is 12 months, calculated from the transfer of risk.

§ 10 Dimensions, Samples, Images

All dimensions are approximate. Pictures only show the average condition. The plants supplied may therefore differ from those shown.

§ 11 Consumer Arbitration Procedure

As of 15.02.2016, the EU Commission provides a platform for out-of-court dispute resolution. This basically gives consumers the opportunity to resolve disputes in connection with their online order without having to go to court. The dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr/ We do not take part in a dispute settlement procedure before a consumer arbitration board.

§ 12 Final Provisions

1. The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods shall not apply.
2. To the extent permitted by law, the place of performance and for delivery and payment as well as the exclusive place of jurisdiction shall be the registered office of our company. 
3. Sollte eine oder mehrere Bestimmungen dieser Allgemeinen Geschäftsbedingungen unwirksam sein oder werden, wird dadurch die Wirksamkeit der anderen Bestimmungen im Übrigen nicht berührt.