Mr. Plants - Exotic Houseplants & Accessories

GENERAL TERMS AND CONDITIONS OF

https://mrplants.de


Welcome to Mr Plants!


1
Scope and provider

(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products by Mr. Plants - Ramadan, Marvin u. Gütgens, Deniz GbR (hereinafter referred to as "Supplier") to you, in the version valid at the time of the order.

(2) Deviating general terms and conditions of the customer are rejected.

(3) Please read these terms carefully before placing an order with Mr. Plants - Ramadan, Marvin u. Gütgens, Deniz GbR. By placing an order with Mr. Plants - Ramadan, Marvin u. Gütgens, Deniz GbR you agree to the application of these terms and conditions of sale to your order.

(4) On Mr. Plants we offer the sale of the following products:

Plants, cuttings, substrate mixtures and accessories for plant requirements such as moss sticks and fertilisers.


2
Formation of the contract

(1) Contracts on this portal can only be concluded in German.

(2) The offers are directed exclusively to end customers with an invoice and delivery address in:

Germany
Austria
Belgium
Bulgaria
Denmark
Estonia
Finland
France
Greece
Ireland
Italy
Croatia
Latvia

Lithuania
Luxembourg
Malta
Netherlands
Poland
Portugal
Romania
Sweden
Slovakia
Slovenia
Spain
Czech republic
Hungary
Cyprus

For individual bulky goods, the possible delivery addresses as well as the place of delivery may be restricted. the restriction is shown in the respective list price.

(3) The orderer must have reached the age of 18.

(4) The presentation of the goods in the online shop does not constitute a legally effective offer. The presentation of the goods merely invites the customer to make an offer.

(5) Your order constitutes an offer to Mr. Plants to conclude a purchase contract. The customer makes a binding offer when he has gone through the online ordering process by entering the information requested there. This can be done via PayPal Express Checkout within the shopping basket by clicking on the following buttons (PayPal Buy Now / Pay Later / Sepa Direct Debit Buy Now / giropay Buy Now / SOFORT Buy Now / Debit or Credit Card) or in the last order step by clicking on the "Order with costs" button.

(6) The purchase contract between the supplier and the orderer is only concluded through a declaration of acceptance by the supplier. This takes place on the earlier of the two dates, either sending the goods or sending a confirmation of dispatch by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.

(7) The effectiveness of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires express confirmation on the part of the supplier. This refers both to the number of products ordered as part of one order and to the placement of several orders of the same product where the individual orders comprise a quantity customary in the household.

(8) Your orders will be stored by us after the conclusion of the contract. Should you lose your documents relating to your orders, please contact us by e-mail [email protected] . We will send you a copy of the order data.

(9) You agree to receive invoices electronically. Electronic invoices will be made available to you by email or in the customer account on the Website.


3
Prices and shipping costs

(1) In accordance with § 19 UStG, our prices do not include VAT and do not include a flat rate or surcharge for shipping costs. The shipping surcharges vary depending on the type of delivery and the nature of the item.

(2) Despite our best efforts, a small number of products in our catalogue may be priced incorrectly. We check prices when we process your order and before we debit payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before dispatching the goods to ask if you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price we have quoted, we will charge the lower amount and send the product to you.

(3) The prices at the time of the order shall apply.


4
Delivery and cancellation

(1) Unless otherwise agreed, delivery will be made to the delivery address provided by the customer. On the website you will find information on the availability of products sold by Mr. Plants (e.g. on the respective product detail page). We would like to point out that all information on the availability, dispatch or delivery of a product is only anticipated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.

(2) If Mr. Plants discovers during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by a message in your customer account. The legal claims of the customer remain unaffected.

(3) Insofar as delivery to the Purchaser is not possible because the delivered goods do not fit through the Purchaser's entrance door, front door or staircase or because the Purchaser cannot be found at the delivery address given by him, although the Purchaser was given reasonable notice of the delivery date, the Purchaser shall bear the costs for the unsuccessful delivery.

(4) Delivery shall take place depending on the customer's method of payment. In the case of payment in advance, delivery shall take place after the payment order has been issued to the remitting credit institution. In the case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery shall take place after conclusion of the contract.

(5) If your order is sent in more than one package, you may receive a separate Dispatch Confirmation for each package. In this case, a separate purchase contract is concluded between us for the products listed in the respective shipping confirmation with regard to each shipping confirmation. The contractual partner is Mr. Plants - Ramadan, Marvin u. Gütgens, Deniz GbR. Notwithstanding your right of cancellation, you may cancel your order for a product free of charge at any time before the associated shipping confirmation is sent.


5
Customs

(1) If you order products from Mr. Plants for delivery outside the European Union, you may be subject to import duties and taxes which will be levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you. We have no control over these fees. Customs regulations vary widely from country to country, so you should contact your local customs authority for more information.

(2) Further, please note that when ordering from Mr. Plants, you are considered an importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information.


6
Payment

(1) The customer may pay for the goods by the following methods of payment:

- Paypal

- Giropay

- IMMEDIATELY

- Credit card

- Gift card

- Direct debit:

In the event of a return debit note for which the customer is responsible, Mr. Plants - Ramadan, Marvin and Gütgens, Deniz GbR shall charge a lump-sum compensation of € 5 (five euros). The customer may prove that no damage has been incurred at all or that the damage is significantly lower than the lump sum. The above regulations apply accordingly to payments of the purchase price of goods sold by third-party suppliers.

- Immediate transfer

(2) Certain payment methods can be excluded by the provider in individual cases.

(3) The customer is not permitted to pay for the goods by sending cash or cheques.

(4) Should the Purchaser choose an online payment method, the Purchaser thereby authorises the Supplier to collect the amounts due at the time of the order.

(5) If the supplier offers payment in advance and the customer chooses this method of payment, the customer must transfer the invoice amount to the supplier's account within five calendar days of receipt of the order. The supplier shall reserve the goods accordingly for five calendar days.

(6) If the Supplier offers payment by credit card and the Purchaser chooses this method of payment, the Purchaser expressly authorises the Supplier to collect the amounts due after dispatch of the partial deliveries or deliveries of goods.

(7) If the Supplier offers payment by direct debit and the Customer chooses this payment method, the Customer shall grant the Supplier a SEPA basic mandate. If, in the case of payment by direct debit, a payment transaction is reversed due to a lack of funds in the account or due to incorrectly transmitted bank details, the customer shall bear the costs.

(8) Should the customer be in default of payment, the supplier reserves the right to claim damages for default.


7
Set-off and right of retention

(1) The Purchaser shall only have the right to offset if the Purchaser's counterclaim has been legally established or has not been disputed by the Supplier.

(2) The customer may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.


8
Retention of title

Mr. Plants - Ramadan, Marvin u. Gütgens, Deniz GbR retains ownership of the goods until full payment has been received.


9
Transport damage

(1) If the customer receives the goods with obvious transport damage, the supplier shall ask him to complain about this as soon as possible.

(2) Should the customer fail to make a complaint, this shall have no consequences for the statutory warranty rights. The purpose of the complaint is to enable the supplier to assert its own claims against the carrier.


10
Right to claim for defects

(1) The statutory rights of liability for defects shall apply.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.

(3) It is possible that soil/substrate may fall out of the pot or a leaf of the plant may break/fall off during transport. As these are natural products, we cannot accept any guarantee or warranty for such damage.

(4) In the case of used goods, the warranty period may be shorter than two years.


11
Limitation of liability (products)

(1) Liability is excluded for slightly negligent breaches of duty insofar as these do not relate to material contractual duties (so-called cardinal duties), damages arising from injury to life, limb or health or guarantees or claims under the Product Liability Act are affected. Material contractual obligations are those whose fulfilment is essential for the proper performance of the contract and whose fulfilment may be relied upon.

(2) The provisions of the Product Liability Act shall remain unaffected.

(3) Insofar as the liability of Mr. Plants is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.


12
Cancellation policy

(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:

(2) Right of revocation

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation 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 (or the last goods, part consignment or piece in the case of a contract for several goods of a uniform order or the delivery of a good in several part consignments or pieces) without giving reasons.

To exercise your right of withdrawal, you must contact us:

Mr. Plants - Ramadan, Marvin and Gütgens, Deniz GbR

Beltinghovener Straße 36
41068 Mönchengladbach

E-mail: [email protected]

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the model withdrawal form on our website or send us another clear declaration. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and that you have returned the goods via our online return centre within the period defined below.

For additional information regarding coverage, content and explanations on exercise, please contact our customer service.

(3) Consequences of revocation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from 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 you be charged for this repayment.

We may refuse repayment 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 the goods without delay and in any case no later than 14 days from the day on which you notify us of the revocation of this contract to

Mr. Plants - Ramadan, Marvin and Gütgens, Deniz GbR

Beltinghovener Straße 36
41068 Mönchengladbach

E-mail: [email protected]

to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of 14 days. You shall bear the direct costs of returning the goods.

(4) Exceptions to the right of withdrawal

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 for testing the quality, characteristics and functioning of the goods.

The right of withdrawal does not exist or expires for the following contracts:

for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature.

for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs.

for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.


13
Exclusion of the right of withdrawal

(1) The right of revocation does not apply to contracts

for the delivery of goods which 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 expiry date would be quickly exceeded.

(2) The right of withdrawal shall expire prematurely in the case of contracts

for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.

14 Cookies

(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the site visitor's internet browser.

(2) Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.

(3) Through the use of cookies, the users of this website can provide more user-friendly services that would not be possible without the cookie setting.

(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterised by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognise your computer system on your next visit (so-called permanent cookies).

(5) You can object to the storage of cookies, for this purpose a banner is available to which you can object/accept.

(6) You can, of course, set your browser so that no cookies are stored on your hard drive or so that cookies that have already been stored are deleted again. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.


15
Jurisdiction and applicable law

(1) The law of the Federal Republic of Germany shall apply exclusively to differences of opinion and disputes on the occasion of this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is the registered office of the supplier.


16
Final provisions

(1) The contractual language is German.

(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use Mr Plants with the involvement of a parent or guardian.

(3) If you breach these T&Cs and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms of Sale.

(4) We reserve the right to make changes to our website, policies, terms and conditions, including these T&Cs, at any time. Your order will be subject to the terms of sale, terms of agreement and terms and conditions in force at the time you place your order, unless a change to these terms is required by law or government order (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

(5) The invalidity of a provision shall not affect the validity of the other provisions from the contract. Should this occur, the provision shall be replaced by another legally permissible provision in accordance with its meaning and purpose, which corresponds to the meaning and purpose of the invalid provision.

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Mr. Plants - Exotic Houseplants & Accessories
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