Gärtnerei Huese, Owner Arjen Huese, Priener Str. 1b, 83253 Rimsting

1. Provider
2. Scope of Application
3. Definitions
4. Offer and Conclusion of Contract
5. Delivery Time
6. Prices and Shipping Costs
7. Risk of Transport
8. Payment methods
9. Retention of Title
10. Right of Withdrawal Reservation
11. Cancellation of Services
12. Right of Withdrawal (Consumers), Return Costs and Shipping Cost Reimbursement
    
13. Statutory Warranty Rights
14. Complaint of Defects
15. Limitation of Liability, Warranties
16. Minimum Order Value
17. Contract Language, Contract Text Storage
18. Applicable Law, Jurisdiction Agreement
19. Dispute Resolution
20. Severability Clause

1. Provider

The provider of the product range presented in this online shop and contracting party for purchase contracts concluded via this online shop is the following legal entity (hereinafter: "Provider"):

Gärtnerei Huese
Owner: Arjen Huese
Priener Str. 1b
83253 Rimsting

Tel: 0151-72034000
E-Mail: arjen@gaertnereihuese.de

2. Scope of Application

For all contracts concluded via this online shop or other means of distance communication (telephone, fax, e-mail, or mail), the following General Terms and Conditions (GTC) apply. These also contain the legally required information according to the regulations on distance contracts and electronic commerce.

3. Definitions

As far as the terms "entrepreneur" and "consumer" are used, the legal definitions of the German Civil Code (BGB) apply:

(1) An entrepreneur within the meaning of § 14 BGB is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

(2) A consumer within the meaning of § 13 BGB is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.

4. Offer and Conclusion of Contract

(1) The product presentations in this online shop are always non-binding and do not constitute an offer in the legal sense. The customer is invited by the product presentation to place the desired products in the shopping cart and to submit a legally binding offer to purchase the ordered products by ordering the products. The time of contract conclusion is governed by point 4. (3) of these Terms and Conditions.

(2) The customer has the option to place the desired products non-bindingly in the shopping cart via the shopping cart function. To do this, the corresponding button or symbol on the respective product page must be clicked. An unwanted and already selected product can be removed from the shopping cart at any time by opening the shopping cart and clicking the delete button for the respective product.

(3) Once all desired products are in the shopping cart, the customer can initiate the payment process:
When the customer clicks the checkout button, they can log in with an existing customer account, create a new customer account, or place the order using the guest checkout function without creating a customer account. The following personal data required to process the contract must be entered by the customer, with mandatory fields highlighted. In the further ordering process, the desired payment and shipping methods are queried. At the end of the ordering process, the customer reaches an overview page ("Checkout") where the entered data, the customer's selections, the desired products, as well as the costs and their composition are listed. The customer can review their selections and entries at this point. Errors can be corrected by clicking the respective change button and re-entering or re-selecting. By clicking the order button ["order with obligation to pay"], the purchase process is completed and the customer submits a legally binding offer to conclude a contract. The contract is concluded by acceptance of the offer by the provider, who sends an order confirmation within 72 hours. Otherwise, the offer is considered rejected.

(4) For orders of goods by telephone, fax, email, or post, the purchase contract is concluded upon selection of the goods and handover to the transport company. For orders of services by telephone, fax, email, or post, the purchase contract is concluded upon sending an order confirmation by the provider.

5. Delivery Time

The delivery time is indicated on the product detail page. If no specific delivery time is given on the product page, the following applies: The ordered goods will be dispatched within 48 hours after ordering or, for prepayment methods, within 3 working days after payment execution by the customer. Sundays and public holidays are not included in the calculation. With usual postal and parcel transit times, the delivery time to the customer is 2-4 working days. The stated delivery times apply only to shipping within Germany. Shipping abroad, if offered, may take 3-4 days longer.

6. Prices and Shipping Costs

(1) The prices listed in this online shop are without exception final prices and each include the statutory value-added tax (flat-rate VAT for farmers). For deliveries to entrepreneurs based in another EU member state, the VAT is not treated as a tax-free intra-community supply, but is charged with VAT due to our taxation according to § 24 UStG (average rate taxation/flat-rate farmer); this also applies when using a VAT ID number of the entrepreneur.

(2) If shipping costs apply, they will be listed on a corresponding linked subpage for the offered delivery area.

(3) If shipping outside the EU is offered, additional customs duties, taxes, and fees may apply, which must be borne by the customer and paid to the relevant customs or tax authorities. Details can be requested by the customer from the relevant customs or tax authority before ordering. There are also helpful information pages such as the following:
http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_de.htm

7. Transport Risk

(1) In consumer goods purchases, the provider bears the transport risk according to legal regulations. If the buyer is a business, the transport risk passes to them as soon as the goods are handed over to the transport company.

(2) If the customer is responsible for the non-deliverability of a shipment, they must bear the additional costs incurred. Shipments are considered undeliverable if no authorized recipient is found and the collection period has expired without success, if acceptance is refused by the recipient or authorized recipient, or if the recipient cannot be located at the address provided. Refusal of acceptance also includes preventing delivery via an existing reception facility (e.g., sealing/blocking the mailbox or parcel box), refusal to pay the cash on delivery amount/costs (if cash on delivery is offered and selected by the customer), or refusal to provide a delivery confirmation.

8. Payment Methods

(1) The customer can choose from several payment methods. These are listed on a correspondingly linked subpage and displayed for selection during the ordering process. If additional costs apply for certain payment methods, these will be detailed on the correspondingly linked subpage.

(2) Delivery of the goods for prepayment methods takes place after payment has been received by the provider.

(3) The provider reserves the right to deliver only against prepayment in justified individual cases. In these cases, the provider will send a written payment request with the necessary account details. Delivery will then take place after payment has been received.

(4) If a customer orders on account, the provider reserves the right to wait for payment of the first order before processing further orders on account from the customer. The customer will be informed in such cases. Alternatively, the customer can pay for further orders in advance to avoid delivery delays.

9. Retention of title

If the customer is a consumer, the provider reserves ownership of the delivered goods until full payment of the purchase price by the customer. If the customer is an entrepreneur, the provider reserves ownership of the delivered goods until full payment of all claims arising from the business relationship with the buyer.

10. Reservation of withdrawal

If delivery difficulties occur after the conclusion of a purchase contract with the provider, such as the provider not being supplied on time in terms of type and quantity or due to propagation or harvest difficulties, the provider reserves the right to withdraw from the contract. The above applies only if the provider is not responsible for the failure of delivery, in particular if a covering transaction to fulfill its contractual obligations was concluded in time and the affected customers were informed immediately. In such a case, the provider will promptly refund any payments already made by the customer.

11. Right of withdrawal (consumers), return shipping costs, and shipping cost reimbursement

(1) Right of withdrawal only for consumers
A right of withdrawal exists only for consumers within the meaning of § 13 BGB. Entrepreneurs within the meaning of § 14 BGB are not granted a right of withdrawal.

(2) Consequences of withdrawal / refund
In the event of an effective withdrawal, we will refund all payments received from the consumer without delay and at the latest within 14 days from the day on which the notification of withdrawal from this contract was received by us. We also refund the delivery costs (outbound shipping costs), but only up to the amount of the costs of the cheapest standard delivery offered by us; additional costs (e.g., express or premium shipping) are not refunded.

(3) Return shipping costs (return shipment)
The consumer bears the direct costs of returning the goods, provided they were properly informed about this before the conclusion of the contract.

(4) Partial withdrawal with flat-rate shipping costs
In the case of withdrawal of only part of the ordered goods, flat-rate outbound shipping costs will only be (partially) refunded if and to the extent that lower outbound shipping costs would have been incurred without the withdrawn goods; the cheapest standard delivery remains decisive.

(5) Right of retention
We may refuse the refund until we have received the goods back or until the consumer has provided proof that they have sent the goods – whichever is earlier. Important for practice (so that the return shipping is truly "at the buyer's expense")
The information "The consumer bears the direct costs of the return shipment" should also be included in your cancellation policy (this is the most legally secure placement). If you want, paste your cancellation policy (or the relevant section) here briefly – then I will formulate the passage stylistically to match it, without duplications or contradictions.

12. Cancellation of Services

(1) In addition to the range of goods offered in this online shop, the provider also offers services in the form of bed consultations, courses & tours. Since these must be booked for a specific date or period, there is no statutory right of withdrawal according to § 312g para. 2 no. 9 BGB.

(2) Consultations can only be booked by email, telephone, or on-site.

(3) The provider grants the customer the possibility to cancel in text form (e.g., by email). The following conditions apply:

• For cancellations of consultation appointments 0-7 days before the booked appointment, a flat cancellation fee of €15 applies. For cancellations 8 or more days before the booked appointment, no cancellation fees apply.
• For cancellations of courses & tours up to 15 days before the booked event, 10% of the purchase price will be charged as a fee.
• For cancellations of courses & tours 14 days or less before the booked event, 100% of the purchase price will be charged as a fee.

(4) In case of cancellation, the purchase price minus the fee specified in section 11 (3) will be refunded by the provider. The provider uses the same payment method for the refund that the customer used in the original transaction, unless something else has been expressly agreed.

13. Statutory Liability for Defects

The statutory provisions on liability for defects apply.

14. Complaint about Defects

If the customer is a merchant within the meaning of the HGB, they must notify the provider of defects immediately, but no later than one week after receipt of the goods. Defects that cannot be discovered even with careful inspection within this period must be reported in writing immediately after discovery; otherwise, the goods are deemed approved even with regard to this defect. The foregoing does not apply if the provider has fraudulently concealed the defect or has given a corresponding guarantee. If the provider enters into negotiations regarding a complaint, this does not constitute a waiver of the objection of late, insufficient, or unfounded complaint.

15. Limitation of Liability, Warranties

(1) The provider is fully liable for damages if intent or gross negligence is attributable to them.

(2) For simple negligence, the provider is only liable for the breach of a duty whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the buyer can regularly rely (cardinal duty). Otherwise, liability for simple negligence is excluded.

(3) If the provider is liable for simple negligence as stated above, liability is limited to the damage that typically had to be expected under the circumstances known at the time of contract conclusion.

(4) The aforementioned exclusions and limitations of liability do not apply if a guarantee for the quality of the goods has been assumed or if the defectiveness of the goods was fraudulently concealed. The provider is also fully liable for damages that must be compensated under the Product Liability Act, as well as for damages to life, body, and health.

(5) If guarantees are granted by the manufacturer or provider for certain products, this will be indicated on the corresponding product page or on a separately linked subpage. The customer's statutory rights, especially the statutory warranty rights, are not affected by any granted guarantees.

16. Minimum Order Value

The minimum order value (plant value) for our plant shipping is 20 euros. This does not apply to catalog, book, voucher, and seed orders.

17. Contract Language, Contract Text Storage

(1) The contract language is German.

(2) The contract text is not stored by the provider after the conclusion of the contract and is not accessible to the customer. The customer can print out the contract text before concluding the contract and/or save it in a reproducible form by screenshots of the essential web pages or by converting it into PDF format.

18. Applicable Law, Jurisdiction Agreement

(1) Purchase contracts concluded through this online shop with entrepreneurs are subject to the substantive law of the Federal Republic of Germany, excluding the UN Sales Convention.

(2) In disputes concerning contracts concluded through this online shop, the agreed place of jurisdiction shall be the district in which the provider has its registered office, if the buyer is a merchant within the meaning of the HGB, a legal entity under public law, or a special fund under public law.

19. Dispute Resolution

(1) For general consumer issues, the General Consumer Arbitration Board of the Center for Arbitration e. V. is generally responsible, which can be reached at https://www.verbraucher-schlichter.de or can be reached at the following address: Straßburger Straße 8, 77694 Kehl am Rhein.

(2) The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

20. Severability Clause

If any of the above provisions are wholly or partially invalid due to legal provisions, regulations, or changes in the law, all other provisions shall remain unaffected and continue to apply in full.