1. Scope
The following Terms and Conditions apply to all orders placed through our online store by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A business operator is a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or independent professional activity.
With respect to business partners: If a business partner uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.
2. Contracting Parties, Conclusion of the Contract
The sales contract is concluded with treeletic Deutschland, Neutorplatz 1, D-46395 Bocholt, the operator of treeletic.de. The presentation of products in the online store does not constitute a legally binding offer, but rather a non-binding online catalog.
(1) You may initially add our products to your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. By clicking the order button, you are placing a binding order for the items contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit the order.
The seller may accept the customer’s offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or email)—in which case receipt of the order confirmation by the customer is decisive—or by delivering the ordered goods to the customer—in which case receipt of the goods by the customer is decisive—or by requesting payment from the customer after the customer has placed the order.
If more than one of the aforementioned alternatives applies, the contract is formed at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
(2) The presentation of products in the online store does not constitute a legally binding offer, but rather a non-binding online catalog. You may initially pre-order our products without obligation by clicking the “Preorder” button and entering your address and contact information. You may correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. By clicking the “Order” or “Submit” button, you are placing a binding preorder for the specified quantity. You will receive confirmation of receipt of your order via email after submitting the order.
The seller may accept the customer’s offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or email)—in which case receipt of the order confirmation by the customer is decisive—or by delivering the ordered goods to the customer—in which case receipt of the goods by the customer is decisive—or by requesting payment from the customer after the customer has placed the order.
If more than one of the aforementioned alternatives applies, the contract is formed at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
3. Language of the Contract, Storage of the Contract Text
The language available for entering into the contract is German.
We will save the contract text and send you the order details and our Terms and Conditions in writing. For security reasons, the contract text is no longer accessible via the Internet.
4. Terms of Delivery
Shipping costs are added to the listed product prices. You can find more details about the shipping costs in the product listings. We only offer shipping. Unfortunately, you cannot pick up the merchandise in person.
5. Payment
The customer will be informed of the payment option(s) in the seller's online store.
6. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal, as described in the withdrawal policy. Businesses are not granted a voluntary right of withdrawal.
7. Retention of Title
The goods remain our property until full payment has been made.
The following additional provision applies to business customers: We reserve title to the goods until all claims arising from an ongoing business relationship have been paid in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale—regardless of whether the goods subject to retention of title have been combined or mixed with a new item—in the amount of the invoice total, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations.
8. Damage During Shipping
For consumers: If goods are delivered with obvious shipping damage, please file a complaint regarding such damage with the delivery company as soon as possible and contact us immediately. Failure to file a complaint or contact us has no impact on your legal claims and their enforcement, particularly your warranty rights. However, you will help us assert our own claims against the carrier or the shipping insurance company.
For business customers: The risk of accidental loss or accidental deterioration passes to you as soon as we have delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. In transactions between merchants, the obligation to inspect and give notice of defects as set forth in § 377 of the German Commercial Code (HGB) applies. If you fail to provide the notice required thereunder, the goods shall be deemed accepted, unless the defect was not detectable upon inspection. This does not apply if we have fraudulently concealed a defect.
9. Warranties and Guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
When consumers purchase used goods, the following applies: if a defect arises more than one year after delivery of the goods, claims for defects are barred. Defects that arise within one year of delivery of the goods may be asserted within the statutory limitation period of two years from the date of delivery.
For business customers, the statute of limitations for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is made without any warranty. The statutory limitation periods for the right of recourse under § 445a of the German Civil Code (BGB) remain unaffected.
With respect to business customers, only our own specifications and the manufacturer’s product descriptions that have been incorporated into the contract shall be deemed to constitute an agreement regarding the nature of the goods; we assume no liability for public statements made by the manufacturer or other promotional claims.
If the delivered item is defective, we will initially provide warranty to business customers, at our discretion, either by remedying the defect (repair) or by delivering a defect-free item (replacement).
The foregoing limitations and shortened time limits do not apply to claims arising from damages caused by us, our legal representatives, or our agents.
in the event of injury to life, body, or health
• in the event of a breach of duty committed intentionally or through gross negligence, or in the event of fraud
• in the event of a breach of material contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the other party may reasonably rely (cardinal obligations)
• as part of a warranty commitment, if agreed upon
• to the extent that the Product Liability Act applies.
Information about any additional warranties that may apply and their specific terms and conditions can be found on the product page and on dedicated information pages in the online store.
10. Liability
In the event of a breach of material contractual obligations—the fulfillment of which is essential for the proper performance of the contract and on whose fulfillment the other party may reasonably rely— (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives, or on the part of our agents, liability shall be limited to the amount of damage foreseeable at the time the contract was concluded and which typically must be expected to occur. Otherwise, claims for damages are excluded.
11. Dispute Resolution
We are neither obligated nor legally required to participate in dispute resolution proceedings before a consumer arbitration board.
Nevertheless, we are willing to participate in such proceedings on a voluntary basis.
12. Final Provisions
If you are a business owner, German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Terms and Conditions created using the Trusted Shops Legal Text Generator in cooperation with FÖHLISCH Attorneys at Law.
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