General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Coupons
10. Redemption of Gift Coupons
11. Applicable Law
12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Eberhard Dötterer, acting under "Gärtnerei Dötterer" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC also apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute a binding offer from the Seller, but serve as a basis for a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the order process. Furthermore, the Customer can also submit the offer by e-mail, fax, or by post to the Seller.

2.3 The Seller can accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), where the access of the order confirmation to the Customer is decisive, or
• by delivering the ordered goods to the Customer, where the access of the goods to the Customer is decisive, or
• by requesting the Customer to make payment after the Customer has placed their order.

If several of the aforementioned alternatives occur, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the offer is sent by the Customer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, leading to the Customer no longer being bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing occurs via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - under the conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller already declares acceptance of the Customer's offer at the moment the Customer clicks the button that completes the order process.

2.5 When making an offer via the Seller's online order form, the contract text will be stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the order is sent. No further accessibility of the contract text by the Seller will occur. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be retrieved by the Customer via their password-protected user account using the corresponding login details free of charge.

2.6 Before binding submission of the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button which completes the order process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and communication usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct, so that e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure, when using SPAM filters, that all e-mails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal is provided in the Seller's withdrawal information.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, for which the Seller is not responsible and which are to be borne by the Customer. This includes, for example, costs for money transfers by credit institutions (e.g., transfer fees, currency exchange fees) or customs duties or taxes (e.g., tariffs). Such costs may also arise in relation to money transfers even if the delivery does not take place to a country outside the European Union, provided the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 If payment in advance by bank transfer is agreed, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

5) Delivery and Shipping Conditions

5.1 If the Seller offers the shipping of the goods, the delivery will take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, in the case of the payment method PayPal, the delivery address provided by the Customer at the time of payment with PayPal is decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending if the Customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation made in the Seller's withdrawal information applies in case of effective exercise of the right of withdrawal by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller hands over the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the Customer or to a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer as soon as the Seller hands over the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment if the Customer has commissioned the carrier, the freight forwarder, or the other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not attributable to the Seller and this has concluded a concrete coverage transaction with the supplier with the required diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without delay and the counter-performance will be refunded without delay.

5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods at the address specified by the Seller during the business hours indicated by the Seller. In this case, no shipping costs will be charged.

5.6 Vouchers are provided to the Customer as follows:

• by download
• by e-mail

6) Retention of Title

If the Seller provides goods in advance, they retain ownership of the delivered goods until full payment of the owed purchase price has been made.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, the following applies for contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• the limitation period for rights due to defects for new goods is one year from delivery of the goods;
• the rights due to defects for used goods are excluded;
• the limitation period does not start anew if a replacement delivery takes place in the context of the liability for defects.

7.2 The above-mentioned liability limitations and time limitations do not apply

• for claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
• for any obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, it applies for entrepreneurs that the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and complaint obligation according to § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are deemed approved.

7.5 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damages to the carrier and to inform the Seller about this. If the Customer fails to do so, this has no impact on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal grounds

• for intent or gross negligence,
• for intentional or negligent injury to life, body, or health,
• due to a guarantee promise, unless otherwise regulated in this regard,
• due to mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently violates a material contractual obligation, the liability is limited to the typical foreseeable damage, unless unlimited liability is provided for in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on which the Customer may regularly rely.

8.3 Furthermore, any liability of the Seller is excluded.

8.4 The above liability regulations also apply in relation to the liability of the Seller for their agents and legal representatives.

9) Redemption of Promotional Coupons

9.1 Coupons that are issued by the Seller in the context of promotions with a specific validity period free of charge and that cannot be purchased by the Customer (hereinafter "Promotional Coupons") can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Individual products may be excluded from the coupon promotion if a corresponding restriction results from the content of the Promotional Coupon.

9.3 Promotional Coupons can only be redeemed before the conclusion of the order process. A subsequent offsetting is not possible.

9.4 Only one Promotional Coupon can be redeemed per order.

9.5 The value of the goods must at least correspond to the amount of the Promotional Coupon. Any remaining credit will not be refunded by the Seller.

9.6 If the value of the Promotional Coupon is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

9.7 The balance of a Promotional Coupon will neither be paid out in cash nor will it accrue interest.

9.8 The Promotional Coupon will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Coupon within the scope of their statutory right of withdrawal.

9.9 The Promotional Coupon is transferable. The Seller can perform with discharging effect to the respective holder who redeems the Promotional Coupon in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, incapacity to act, or lack of representation authority of the respective holder.

10) Redemption of Gift Coupons

10.1 Coupons that can be purchased through the Seller's online shop (hereinafter "Gift Coupons") can only be redeemed in the Seller's online shop, unless otherwise stated on the coupon.

10.2 Gift Coupons and remaining balances of Gift Coupons can be redeemed until the end of the third year after the year of the coupon purchase. Remaining balances will be credited to the Customer until the expiration date.

10.3 Gift Coupons can only be redeemed before the conclusion of the order process. A subsequent offsetting is not possible.

10.4 Only one Gift Coupon can be redeemed per order.

10.5 Gift Coupons can only be used for the purchase of goods and not for the purchase of further Gift Coupons.

10.6 If the value of the Gift Coupon is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

10.7 The balance of a Gift Coupon will neither be paid out in cash nor will it accrue interest.

10.8 The Gift Coupon is transferable. The Seller can perform with discharging effect to the respective holder who redeems the Gift Coupon in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, incapacity to act, or lack of representation authority of the respective holder.

11) Applicable Law

For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. This choice of law applies to consumers only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.