General Terms and Conditions for the Company Extraplant

 

I. General

  1. The following conditions of sale shall apply to all contracts concluded for the supply of goods, and other contracts, between the Seller, hereafter referred to as Extraplant, and the buyer, hereafter referred to as the Client.
  2. The following terms and conditions may be downloaded by the customer into his computer memory, or downloaded and printed.
  3. Should individual clauses of these terms and conditions or the individually concluded sales contract or service contract be or become ineffective, this does not affect the validity of the remaining agreed clauses.
  4. The offers of Extraplant are non-binding and noncommittal.
  5. The displayed products are to be understood as samples, which may show irregularities within the scope of diversity of natural products. These are not to be considered as defects.

II. Conclusion of The Contract

  1. The presentation of products in our online shop is not to be considered as a legally binding offer, rather, that of a non-binding online catalogue.
  2. After you have placed your desired item in the "shopping cart" (to be found in our online shop on the right and at the top of the page), you can once again check the article there, including the number of items and the despatching costs element. Clicking on the button "Proceed to checkout" takes you to the page where you can enter your personal information, such as invoicing and mailing address. By checking the item "Agree with General Terms and Conditions", you confirm that our terms and conditions are a component of the contract. By clicking on the button "Place Order", in the final step of the ordering process, you place a binding order for the goods in the shopping basket. Our order confirmation does not constitute acceptance of the offer, rather, it only informs the customer that their order has been received.
  3. The sales contract between the customer and Extraplant is concluded with the receipt of an order confirmation resp. by delivery of the goods.

III. Prices, Payment Conditions, Delivery

  1. The prices agreed upon on conclusion of the contract are valid. The prices are to be understood as unpackaged from the company headquarters of Extraplant. Delivery and transportation costs will be calculated separately. Responsibility for selecting the type of dispatch for the goods is the responsibility of Extraplant.
  2. Delivery is made only after receipt of advance payment through the payment providers displayed on-screen during the ordering process.
  3. Should the availability be dependant on a delivery by a subcontractor, and should this delivery fail for reasons that are not the fault of Extraplant, the seller is entitled to withdraw from the contract. In this case, the customer is not then entitled to damages. The customer will be informed immediately if cancellation is due to unavailability for the reason referred to above, and any payments already made will be refunded immediately.

IV. Terms of Cancellation

Below, the customer is specifically advised of his rights of cancellation and the effects of the cancellation.

  1. Right of cancellation: You may cancel your contract in writing (e.g. letter, fax, e-mail) within 14 days without giving reasons or - if the goods are delivered before this deadline - by returning the said goods. The time limit begins after receipt of this instruction in writing, but not before receipt of the goods by the customer. Sufficient for observance of the cancellation period is the timely despatch of the cancellation or the goods. The cancellation must be sent to: Extraplant, c/o extragroup GmbH, Stephan Mönninghoff, Pottkamp 19, 48149 Münster, E-mail: sales@Extraplant.de.
  2. Consequences of cancellation: should you not be able to return the received goods to us wholly, or only in part, or only in a deteriorated condition, you will be required to pay compensation to us for loss of value. With the return of goods this does not apply if the deterioration of them is solely due to their testing, such as would have been possible in a retail shop. For deterioration resulting from the intended and correct use of the goods, value compensation need not be made. The time limit begins for you with the despatch of your cancellation or the goods, for us with their receipt.
  3. It should be noted that the right of cancellation does not apply to contracts for the supply of goods manufactured either according to customer specifications or those clearly customised to personal needs or, due to their composition, they are in themselves not suitable for return (for example, aquarium plants, which, due to the return delivery and the associated delivery period, would wilt).

V. Retention of Title

  1. The individual goods purchased will only become the property of the customer when he has fulfilled all of his obligations under the business relationship with Extraplant.
  2. The customer is not entitled to dispose of, to pledge, to offer as security, to remodel or to redesign the reserved property in so far as the rights of property have not yet been transferred. In the return of reserved goods, a withdrawal from the contract shall only be constituted if we have declared this in writing. Should Extraplant rescind the contract, a reasonable fee may be demanded for the duration of the granting of usage of the goods.

VI. Take-Back Obligation For Packaging as per The "Packaging Regulations (VerpackV)"

  1. Under the provisions of the regulation we are required to take-back packaging supplied to final consumers with our products and to ensure its reuse or disposal in accordance with the packing order.
  2. Please use the following address for returned packaging: Extraplant, c/o extragroup GmbH, Pottkamp 19, 48149 Münster. The packagings are used by us again or disposed of in accordance with the provisions of the Packaging Regulations.

VII. Technical Support, Application and Processing

  1. Advice supplied by us in word, in writing or by trials is given in good faith, it is however valid only as a non-committal indication, also in relation to the proprietary rights of third parties, and does not relieve the customer of the need for his own examination of the products supplied by us for their suitability for the intended processes and purposes.
  2. Application, use and processing of the products takes place beyond the control capabilities of the vendor and they are therefore the exclusive responsibility of the customer.

VIII. Data Protection

  1. All personal information gathered from customers will be treated as confidential. The data necessary for the transaction is saved (Note: as per §33 BDSG – Federal Data Protection Statute) and only disclosed as required for the purpose of processing your order.
  2. The transmission of credit card and bank account information takes place via a secure SSL connection.

IX. Property Rights and Copyrights

  1. The company logos, product images, company and product names, trademarks and designs shown on our website and promotional materials are the sole property of the respective holder. We reserve our property rights and copyrights for all images, texts and other documents. Reproductions and copies of the Website, or parts from it, are forbidden.
     

X. Damage

  1. Plants which arrive dead will be refunded if no growing tissue is present in the plants such as in frost or heat damage. We reserve our right to make compensation in the form of a discount on a minimum amount future purchase. Single plants may not be refunded separately.
  2. Damaged plants must be photographed immediately after arrival and claims must be made without delay.

XI. Venue

  1. 1. For deliveries abroad, German law is to be applied as the contractual basis. Venue is Muenster/Germany.
 

Extraplant
c/o extragroup GmbH
Stephan Mönninghoff
Pottkamp 19
D-48149 Münster