1.1. For all business relations of Plantalab GmbH (hereinafter referred to as Plantalab) with consumers and entrepreneurs, only the following general terms and conditions and the applicable price list of Plantalab. Deviating terms and conditions of the customer shall not apply unless expressly agreed in writing by persons authorised to do so.
2. Conclusion of the contract
2.1 The offers on our website, in forms or in catalogues constitute a non-binding invitation to make a purchase offer by the customer. The content of the contract is the result of a special contract, otherwise the following general terms and conditions apply.
2.2 You can add the desired products to the shopping cart. In the course of the ordering process, you enter your data and wishes regarding payment method, delivery modalities, etc. Only by clicking on the order button do you make a binding offer on the conclusion of a purchase contract. You can also place a binding order by telephone, by fax and via our order forms.
2.3 With the confirmation of receipt sent by e-mail or fax after checking the correctness and completeness of the order, the acceptance of the offer is also explained and, consequently, the purchase contract is concluded. In the case of a telephone order, the purchase contract is concluded if we accept your offer immediately on the phone. If the offer is not accepted immediately, you will no longer be bound by it. We will also inform you about the telephone offer and its acceptance by e-mail or fax. Fill out an orderform, the offer will be accepted by sending a confirmation email from Plantalab to the email address specified in the form within 14 days.
2.4 The content of the contract is the result of the order confirmation or the special contract, otherwise the following general terms and conditions apply.
2.5 Your order with details of the contract concluded (e.g. type of product, price, etc.) will be saved by us.
2.6 We inform you about the storage of personal data in our data protection declaration.
3. Documents left over
We reserve the right of ownership and copyright to all documents provided to the customer in connection with the placing of the order, including in electronic form, such as calculations, drawings, etc. These documents may not be made available to third parties, unless we give our express written consent to the customer. If we do not accept the offer of the customer within the period of 2.3, these documents must be returned to us immediately.
4. Delivery and availability of goods
4.1 The delivery period for the goods is 3-6 months from receipt of the order confirmation by you.
4.2 If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. Further claims are reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time when the customer has fallen into default of acceptance or debtor.
4.3 If, at the time of the Customer's order, no copies of the product selected by the Customer are temporarily or permanently available, Plantalab shall inform the Customer immediately in the order confirmation.
5. Retention of title
Until full payment has been made, the delivered goods remain the property of the supplier. The buyer is obliged to treat the purchased item with care as long as the property has not yet passed to him. The use of contractual items obliges you to buy and to pay the purchase price in full.
6 Prices and shipping costs
6.1 All prices stated on the website of the provider are exclusive of the applicable statutory value added tax.
6.2 The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer. Separately agreed shipping costs will be communicated to the buyer separately.
6.3 The goods are dispatched by post. The shipping risk is borne by the supplier if the customer is a consumer.
6.4 Ex Works applies to entrepreneurs, i.e. the prices are ex works or ex warehouse. Delivery and shipping costs are not included in the prices.
7. Payment modalities
7.1 The customer can pay by invoice, cash on delivery, prepayment or by Paypal.
Payment of the purchase price is due within 14 days after the conclusion of the contract. Payment of the purchase price must be made exclusively to the account communicated to you. Interest on arrears is calculated at 8% above the respective base interest rate p.a. The obligation of the customer to pay default interest does not preclude the assertion of further damages for delay by the provider. Please note that cash on delivery and Paypal payment is only available to consumers.
7.2 Entrepreneurs must make at least a down payment of 25 percent of the purchase price. In the event of non-acceptance of the goods by the trader, the down payment constitutes the contractual penalty.
8. Set-off, right of retention, delay in performance
8.1 The customer can only offset against claims of Plantalab with undisputed or legally established claims. The customer is entitled to assert a right of retention only because of conflicting claims arising from the same contractual relationship.
8.2 Insofar as a customer is in default with his performance obligations, Plantalab may assert a right of retention until full payment has been made.
8.3 Temporary disruptions to the services offered by Plantalab or its subcontractors, in particular for reasons of force majeure, including strikes, lockouts and official orders, the failure of communication networks and gateways Plantalab is not responsible for any other operator, disruptions in the postal and Internet service providers.
9. Warranty of material defects, warranty
9.1 The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Section 434 ff BGB. The warranty period is 2 years.
9.2 The warranty obligation on goods delivered by the supplier is 12 months for entrepreneurs.
10.1 Claims of the customer for damages are excluded.
10.2 Excluded from this are claims for damages resulting from injury tolife, body or health resulting from a negligent breach of duty by Plantalab or an intentional or negligent breach of duty of a legal representative or vicarious agents of Plantalab.
10.3 Plantalab shall be liable without limitation in the case of other liability claims only in the event of intent and gross negligence also on its legal representatives and executive employees. Plantalab is only liable for the fault of other vicarious agents to the extent of liability for slight negligence in accordance with clause 10.4.
10.4 Plantalab shall only be liable for slight negligence if an obligation is breached, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligation).
11. Revocation instruction
11.1 Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, the goods (or, in the case of a contract for several goods, which you have ordered under a single order and which are delivered separately – the last goods or – in the case of a contract for the delivery of a goods in several partial consignments or pieces – have taken possession of the last partial consignment or the last piece.
In order to exercise your right of withdrawal, you must contact us (Plantalab GmbH, Rudower Chaussee 29, 12489 Berlin, e-mail address: Revocation Plantalab. com) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) inform you of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
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.
11.2 Consequences of revocation
If you withdraw from this contract, we will provide you with all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your being offered a type of delivery other than the cheapest one offered by us. standard delivery) without delay and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment. We may refuse the refund 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 fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
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 for checking the nature, characteristics and functioning of the goods.
11.3 Model withdrawal form
12. Data protection
12.1 Plantalab collects data from the customer in the context of the processing of contracts. In particular, the provisions of the GDPR and the Federal Data Protection Act are observed. Without the consent of the customer, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship.
12.2 Without the consent of the customer, the provider will not use the customer's data for advertising purposes.
12.3 The customer has the possibility to retrieve, change or, if necessary, delete the data stored by him in his profile at any time. In addition, in relation to the customer's consents and further information on data collection, processing and use, reference is made to the data protection declaration, which is available on the provider's website at any time.
13. Final provisions
13.1 Changes and additions to these terms and conditions must be made in writing. Changes and additions must be expressly marked as such and signed by customers and neurocat. Oral ancillary agreements to these general terms and conditions are not made.
13.2 The exclusive place of jurisdiction for all disputes between Plantalab and the customer is the registered office of Plantalab.
13.3 Should individual provisions of these terms and conditions be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the contracting parties are obliged to interpret and design the provisions in such a way that the economic success sought by the void or ineffective parts is achieved as far as possible.
13.4 The law of the Federal Republic of Germany shall apply exclusively.
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