Terms and Conditions
§ 1 scope
(1) These general terms and conditions of sale (hereinafter: GTC) apply to all contracts concluded between us, the
Earthmaker UG (limited liability) in formation,
Holsteinwall 13, 20355 Hamburg
Managing Director: Jonathan Trinh-Bomme
(Name of the court of registration and registration number),
Telephone number: 01785586857
Email address: firstname.lastname@example.org
and you as our customer. The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these conditions of sale, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.
(4) We do not accept deviating conditions of the customer. This also applies if we do not expressly contradict the inclusion.
(5) The contract language is German
(6) We deliver to the following countries: Germany, Denmark
§ 2 Contract content and conclusion of the contract
(1) The seller offers customers new goods, especially compost furniture, compost accessories, compost worms and vouchers for sale in the online shop https://www.terrabox.bio/shop.
(2) The presentation and promotion of articles in our online shop does not constitute a binding offer to conclude a sales contract.
(3) By submitting an order via the online shop by clicking the button “order with obligation to pay”, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; Your right to cancel your order, which may exist in accordance with Section 3, remains unaffected by this.
(4) We will immediately confirm receipt of your order placed via our online shop by email. Such an e-mail does not yet constitute a binding acceptance of the order, unless acceptance is declared in addition to the confirmation of receipt.
(5) A contract is only concluded when we accept your order with a declaration of acceptance or with the delivery of the ordered items.
(6) Orders for deliveries abroad can only be taken into account with a minimum order value. The minimum order value can be found in the price information provided in our online shop.
(7) If the delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract will not be concluded. We will inform you about this immediately and reimburse you for any consideration already received.
§ 3 right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of withdrawal according to Section 1, you will have to bear the regular costs of the return.
(3) In addition, the provisions that are detailed in the following apply to the right of withdrawal
Right of withdrawal:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must contact us
[Enter the name of the customer / entrepreneur, address and, if available, telephone number, fax number and email address]
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. You can also electronically fill out and submit the model withdrawal form or another clear declaration on our website (insert Internet address). Make of this
If you use the possibility, we will send you a confirmation of the receipt of such a revocation immediately (e.g. by e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us or to (Earthmaker UG (limited liability) iG, Holstenwall 13, 20355 Hamburg) immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract . The deadline is met if you send the goods before the period of fourteen days has expired.
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 to check the nature, properties and functionality of the goods.
- End of revocation -
(4) The right of withdrawal does not apply to distance contracts
(a) for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for a return due to their nature or that can spoil quickly
or whose expiration date has passed.
§ 4 Terms of delivery and reservation of prepayment
(1) The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
(2) If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller's instructions on revocation apply.
(3) In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
(4) Vouchers are given to the customer as follows:
(5) We are entitled to make partial deliveries insofar as this is reasonable for you.
(6) The delivery period is approximately fourteen (14) working days, unless otherwise agreed. It begins - subject to the provision in Paragraph 3 - with the conclusion of the contract.
(7) In the case of orders from customers whose place of residence or business is abroad or if there are justified indications of a risk of payment default, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and the shipping costs.
§ 5 prices and shipping costs
(1) All prices in our online shop are gross prices including statutory sales tax and do not include shipping costs.
(2) The shipping costs are specified in our price information in our online shop. The price including sales tax and any shipping costs will also be displayed in the order mask before you submit the order.
(3) If we fulfill your order by partial deliveries in accordance with Section 4 (1), you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration in accordance with § 3, you can, under the legal requirements, request the reimbursement of costs already paid for shipping to you (dispatch costs) (see § 3 Paragraph 3 for other consequences of revocation).
§ 6 Terms of payment and set-off and right of retention
(1) The purchase price and the shipping costs are to be paid at the latest within two (2) weeks of receipt of our invoice.
(2) Delivery to customers by the seller takes place at the customer's request using the following payment methods: prepayment (by bank transfer), credit card, SEPA core direct debit, PayPal, immediate transfer / Klarna. If the customer chooses to pay in advance by bank transfer, payment is due immediately after the conclusion of the contract.
(3) You can choose to transfer the purchase price and the shipping costs to our account specified in the online shop using the following payment methods: prepayment (by bank transfer), credit card, SEPA direct debit, PayPal, instant transfer / Klarna. In the case of a direct debit authorization or payment by EC / Maestro or credit card, we will initiate the debit of your account at the earliest at the point in time regulated in Paragraph 1. A direct debit authorization issued also applies to further orders until further notice.
(5) If the payment method "SOFORT" is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN / TAN that has been activated for participation in "SOFORT", identify himself accordingly during the payment process and submit the payment order to "SOFORT" to confirm. The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up more information on the "SOFORT" payment method on the Internet at https: // www.klarna.com/sofort/.
(6) If you select a payment method offered by the "Klarna" payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").
(7) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same sales contract.
(8) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 7 retention of title
(1) The delivered goods remain our property until the purchase price has been paid in full.
§ 8 Warranty
(1) We are liable for material or legal defects of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items apply in addition to claims for material or legal defects within the meaning of Paragraph 1. Details of the scope of such guarantees result from the guarantee conditions that may apply to the items enclosed.
§ 9 liability
(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(2) In other cases - unless otherwise stipulated in Paragraph 3 - we are only liable in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and which you as the customer can regularly rely on (so-called cardinal obligation) limited to the replacement of the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in Paragraph 3.
(3) Our liability for damage resulting from injury to life, limb or health and in accordance with the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 10 copyrights
We have copyrights to all images, films and texts that are published in our online shop. Use of the images, films and texts is not permitted without our express consent.
§ 11 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and your registered office is in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.
(3) Dispute settlement: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts
grown up. More information is available at the following link: http://ec.europa.eu/ consumers / odr. We are ready to participate in a dispute settlement procedure before a consumer arbitration board. The responsible consumer arbitration board is the federal universal arbitration board, Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein.