Terms of service
Terms and Conditions (AGB)
Not Basic Aroids
§1 Scope of Application
(1) These Terms and Conditions apply to all contracts concluded between Not Basic Aroids and its customers via the online shop.
(2) Customers within the meaning of these Terms and Conditions are consumers and business customers.
(3) Deviating terms and conditions of the customer shall not be recognized unless expressly agreed to by the seller.
§2 Contractual Partner
The purchase contract is concluded with:
Not Basic Aroids
Owner: Joe Mann
Otto-Hahn-Straße 18
40764 Langenfeld (Rheinland)
Germany
Email: info@notbasicaroids.com
§3 Subject of the Contract
(1) The subject of the contract is the sale of live plants and plant-related accessories.
(2) Live plants are natural products and are subject to natural variations in appearance.
§4 Conclusion of Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order.
(2) By submitting an order, the customer makes a binding offer to purchase the selected goods.
(3) The contract is concluded when the seller confirms the order or dispatches the goods.
§5 Prices and Payment Conditions
(1) All prices are final prices.
(2) In accordance with §19 UStG (German Small Business Regulation), no value-added tax (VAT) is charged or shown.
(3) The available payment methods are displayed in the online shop.
(4) The purchase price is due immediately upon conclusion of the contract.
§6 Delivery and Shipping
(1) Delivery is made within the European Union.
(2) Live plants are generally shipped from Monday to Wednesday to minimize transit times.
(3) The choice of shipping service provider is at the discretion of the seller.
(4) The risk of accidental loss or deterioration of the goods passes to the customer upon handover to the shipping service provider.
§7 Retention of Title
The goods remain the property of the seller until full payment has been received.
§8 Exclusion of the Right of Withdrawal for Live Plants
There is no right of withdrawal for contracts concerning the delivery of live plants, as these are perishable goods pursuant to §312g para. 2 no. 2 BGB (German Civil Code).
§9 Liability and Warranty for Live Plants
(1) Plants are natural products. Deviations in size, color, leaf shape, variegation or growth form do not constitute a defect.
(2) No guarantee is given for the rooting, survival or further development of plants.
(3) Damage caused by improper care, incorrect watering, unsuitable location or environmental conditions is excluded from liability.
(4) No liability is assumed for weather-related influences (e.g. heat or cold) during shipping, provided the plants were properly packaged.
§10 Plant Health and Phytosanitary Regulations
(1) The sale of live plants is carried out in compliance with applicable plant health and phytosanitary regulations.
(2) Plants are shipped with a plant passport where legally required.
(3) The customer is responsible for complying with any country-specific import or phytosanitary regulations.
§11 Limitation of Liability
(1) The seller shall be liable without limitation in cases of intent or gross negligence.
(2) In cases of slight negligence, liability shall be limited to breaches of essential contractual obligations and to foreseeable damages typical for the contract.
(3) Liability for indirect damages and loss of profit is excluded.
§12 Final Provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) The contract language is English.
(3) Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.