Terms of service
of simplePlant GmbH, Poppenbüttler Hauptstraße 29a, 22399 Hamburg, registered in the commercial register of the district court of Hamburg under HRB 167764, VAT identification no.: DE341644135, represented by the management,
for purchase contracts concluded via the simplePlant online store (available at: https://www.simpleplant.de/store)
with the customers named below:
§ 1 Applicability, Definitions
(1) simplePlant GmbH (hereinafter also: the "provider" or "we") operates under the domain https://www.simpleplant.de/ an online store for smart gardening products and related accessories. These general terms and conditions ("GTC") apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed in writing. These GTC shall apply exclusively; conflicting or deviating GTC of the Customer shall not apply; this shall only not apply if we expressly agree to their application in writing (§ 126 BGB). This express written consent requirement shall also apply if we unconditionally perform or unconditionally accept a service of the customer in the knowledge of deviating or supplementary GTC of the customer. § 305b BGB remains unaffected.
(2) "Consumer" within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB). "Entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities (§ 14 BGB).
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following regulations on the conclusion of contracts apply to all orders placed via our online store, which can be found at https://www.simpleplant.de/is accessible .
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Via the "Pre-Order" function, available at https://www.simpleplant.de/shopinterested parties can register in a pre-order list. Entry in this list does not constitute the conclusion of a contract and does not give rise to any claim to the conclusion of a contract at a later date. The registration serves the later information of the prospective customers and can be used by us to make them an offer at the time of the availability of the products, which can contain a price reduction designated as "pre-order discount". A claim to a price discount or a later conclusion of a contract at otherwise more favorable conditions is not associated with the registration.
(4) The Customer can select products from the Provider's assortment and collect them in a so-called shopping cart via the button "add to shopping cart". By clicking on the button "order with obligation to pay" he submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Input errors can be corrected by means of the usual keyboard, mouse and browser functions (e.g. "back button" of the browser). They can also be corrected by aborting the order process prematurely, closing the browser window and repeating the process. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his application. The customer is bound to the order for a period of two (2) weeks after placing the order; his right to revoke the order, if any, according to § 6 of these GTC remains unaffected.
(5) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, which lists the Customer's order and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the Customer's application. The contract is not concluded until the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contract text (consisting of order, GTC and order confirmation) will be sent by us to the customer on a durable medium (e-mail or paper printout) (contract confirmation). We save the contract text and send you the order data and our GTC by e-mail (see above). You can download the current terms and conditions at any time on here https://www.simpleplant.de/agb view . You can view your past orders in our customer login area.
(6) In case of conclusion of the contract, the contract is concluded between the supplier and the customer. The contract is concluded in German.
(7) Before placing the order, all contract data can be printed out or electronically saved using the browser's print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the General Terms and Conditions and the cancellation policy, shall be carried out by e-mail after the order has been triggered by the customer, in part automatically. The customer must therefore ensure that the e-mail address deposited by the customer with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us shall be calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except in the case of purchase on account). The delivery times stated by us are not binding. If no or no deviating delivery time is specified for the respective goods in our online store, it shall be two to four days.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also notify the Customer of this immediately in the order confirmation. If the product is permanently not available, the provider refrains from a declaration of acceptance. In this case, a contract is not concluded.
(3) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in Germany and can provide a delivery address in Germany.
§ 4 Prices, shipping costs
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes, in particular the applicable statutory sales tax.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer.
(3) Unless otherwise stated, payment claims are due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing this date. In this case, he shall pay the Provider interest on arrears for the year at a rate of 5 percentage points above the base interest rate applicable at the time.
(4) The Customer's obligation to pay default interest does not preclude the Provider from asserting further damages for default.
(5) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is designated as free of shipping costs. The shipping costs will be clearly indicated again on the offers, if applicable in the shopping cart system and on the order overview. The shipping costs are to be borne by the customer, unless the customer makes use of his right of withdrawal. If the customer as a consumer makes use of his right of revocation according to § 6, he will be reimbursed for the regular costs of the return shipment, as far as they have already been incurred by him. Costs that exceed the costs of the standard delivery offered by the provider are to be borne by the customer.
(6) The shipping risk shall be borne by the Provider if the Customer is a consumer.
(7) The direct costs of the return shipment shall be borne by the Provider.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Right of revocation
(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the supplier shall inform them of below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form.
Right of revocation
You have the right to cancel this contract within 60 days without giving any reason.
The revocation period is 60 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.
To exercise your right of withdrawal, you must inform us (simplePlant GmbH, Poppenbüttler Hauptstraße 29a, 22399 Hamburg, Phone: +49 1514 1906967, Mail: firstname.lastname@example.org) 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 sample cancellation form for this purpose, which is, however, 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.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and at the latest within 60 days from the day on which we received the notification of your revocation of 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 any fees because of 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 or hand over the goods to us without undue delay and in any case no later than 60 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the 60-day period.
We shall bear the costs of returning the goods.
You will 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 condition, properties and functioning of the goods.
(2) The right of withdrawal does not apply to contracts for the delivery of
- Goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- goods that can spoil quickly or whose expiration date would be quickly exceeded,
- Goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- goods if they have been inseparably mixed with other goods after delivery due to their nature,
(3) About the model withdrawal form, the provider informs according to the legal regulation as follows:
Model withdrawal form
(If you want to revoke the contract, please fill out this form and send it back).
- To simplePlant GmbH, Poppenbüttler Hauptstraße 29a, 22399 Hamburg, phone +49 1514 1906967, e-mail: email@example.com:
- Herewith I/we (*) revoke the contract concluded by me/us (*)
- for the purchase of the following goods (*)/ the provision of the following
- service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete as applicable
§ 7 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or agents. Material contractual obligations are those whose fulfillment is a prerequisite for the performance of the contract and on which the customer relies and may rely.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 Warranty for material defects
(1) Liability for material defects is governed by the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for delivered goods vis-à-vis entrepreneurs shall be 12 months.
(2) An additional warranty exists for the goods delivered by the supplier only if this was expressly stated in the order confirmation for the respective item.
(3) If the customer is an entrepreneur and the purchase is a commercial transaction for both parties, § 377 HGB applies.
(4) If the customer is an entrepreneur, claims for defects do not exist in case of only insignificant deviation from the agreed quality or usability.
§ 10 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the Supplier and the Customer, excluding the UN Convention on Contracts for the International Sale of Goods and excluding the German conflict of laws provisions. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) The place of jurisdiction for both contracting parties shall be Hamburg, provided that the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany. However, the Provider reserves the right to initiate legal proceedings also at the Customer's general place of jurisdiction. Overriding statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.
(3) Should any provision of the contract be or become invalid or unenforceable, or should the contract contain a loophole, this shall not affect the validity of the remainder of the contract. The provisions of this Paragraph 3 do not involve a mere reversal of the burden of proof, but exclude the application of § 139 BGB. In the event of a loophole, the valid and enforceable provision that comes closest to the legal and economic objective of this contract shall be deemed to have been agreed.
(4) Verbal side agreements have not been made. Amendments, supplements as well as the cancellation of this contract or its components require at least the text form. This shall also apply to any amendment of this clause itself. Individual agreements made with the customer in individual cases (including subsidiary agreements, supplements and amendments) shall in any case take precedence over the provisions of this contract (§ 305b BGB). Subject to proof to the contrary, a written contract or written confirmation from the customer shall be authoritative for the content of such agreements.
(5) The customer may only set off claims that are undisputed or have been legally established.
(6) References to the applicability of statutory provisions shall only have clarifying significance. Even without such clarification, the statutory provisions shall therefore apply, unless they are directly amended or expressly excluded in this contract.
Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which can be found at .https://ec.europa.eu/consumers/odr can be accessed . You can contact us firstname.lastname@example.org. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
For selected products we offer in cooperation with Oaks (Hizpeed Global AG, Zurich) individual savings plans with cash rewards. For this purpose, a widget from Oaks is installed at the appropriate place on our website. This widget offers the possibility of forwarding to the Oaks website, as well as direct transmission of the e-mail address to Oaks for future contact. There is no exchange of personal data between Oaks and us. Oaks processes the collected.