Terms and Conditions
GENERAL TERMS AND CONDITIONS OF
https://mg-plants.com/
Welcome to MG Plants!
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the sale of products and services by MirisBeautyPlants (hereinafter referred to as "Provider") to you, in the version valid at the time of the order.
(2) Any deviating general terms and conditions of the customer will be rejected.
(3) Please read these terms and conditions carefully before placing an order with MirisBeautyPlants. By placing an order with MirisBeautyPlants, you agree to the application of these terms and conditions to your order.
(4) On MG Plants we offer you the sale of the following products:
Houseplants, garden plants, tissue culture, accessories for the mentioned areas, as well as product recommendations via affiliate marketing links from Amazon and Amsterdam Seed Center.
(5) At MG Plants we offer you the following services:
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§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are aimed exclusively at end customers with a billing and delivery address in:
Europe, no third countries.
For individual bulky items, the possible delivery addresses and the delivery location may be limited; the restriction is indicated in the respective list price.
(3) The purchaser must be at least 18 years old.
(4) The presentation of the goods in the online shop does not constitute a legally binding offer. The presentation of the goods merely invites the customer to make an offer.
(5) Your order represents an offer to MG Plants to conclude a purchase contract. The customer submits a binding offer when he has completed the online ordering process by entering the information requested there and clicks the "order with payment" button in the last order step.
(6) The purchase contract between the provider and the purchaser is only concluded when the provider declares acceptance. This occurs at the earlier of the two dates, either dispatch of the goods or sending of a dispatch confirmation by email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for quantities larger than normal household quantities and the commercial resale of the purchased item requires the express confirmation of the provider. This applies both to the number of products ordered within the scope of one order and to the placing of multiple orders for the same product, where the individual orders include a normal household quantity.
(8) We will store your orders after the contract has been concluded. If you lose your order documents, please contact us by email or telephone. We will send you a copy of the order data.
(9) Access to the MG Plants service requires registration.
(10) By registering, the customer accepts these General Terms and Conditions. By registering, a contractual relationship is established between MG Plants and the registered customer, which is governed by the provisions of these General Terms and Conditions.
(11) The presentation of the service on the website does not constitute a legally binding offer. The presentation of the service merely invites the customer to make an offer.
(12) By ordering a paid service, the registered customer enters into a further contractual relationship with MG Plants, separate from the registration. The user is informed about the respective paid service and the payment conditions before concluding this contractual relationship. The contractual relationship is created when the customer confirms the order and payment obligation by clicking on the "order with payment" button.
(13) You agree to receive invoices electronically. Electronic invoices will be made available to you by email or in the customer account on the website. We will inform you for each delivery and service whether an electronic invoice is available. You can find more information about electronic invoices on our website.
(14) The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
(15) The image representation of products is for illustrative purposes only. The delivered product may differ from the image.
(16) Goods marked as B-goods, Retterbox or Sad-Plants are excluded from exchange and return.
§ 3 Description of the scope of services
MG Plants’ scope of services includes the following:
Sale of plants, tissue cultures and accessories related to plants and gardening, as well as product recommendations via affiliate marketing. Partners are Amazon and Amsterdam Seed Center. Some of the products we offer are shipped by Everspring.
§ 4 Prices and shipping costs
(1) Our prices include the applicable statutory value added tax and do not include any shipping costs or shipping surcharges. Shipping surcharges vary depending on the delivery method and nature of the item.
(2) Despite our best efforts, a small number of products in our catalog may be mispriced. We will verify prices when we process your order and before we charge payment. If a product is mispriced and the correct price is higher than the price on the website, we will contact you before dispatching the product to ask you whether you wish to purchase the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and ship you the product.
(3) The prices at the time of the order apply. If list prices are available, the list price valid at the time of the order applies.
§ 5 Delivery and cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by MG Plants (e.g. on the respective product detail page). We would like to point out that all information on the availability, shipping or delivery of a product is only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product.
(2) If MG Plants determines during the processing of your order that products you have ordered are not available, you will be informed of this separately by email or by message in your customer account. The purchaser's legal claims remain unaffected.
(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer cannot be found at the delivery address provided by him, although the delivery time was announced to the customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery.
(4) Delivery is made depending on the customer's payment method. In the case of advance payment, delivery is made after the payment order has been issued to the transferring credit institution. In the case of payment by PayPal, credit card, gift card, direct debit, instant transfer or invoice, delivery is made after the contract has been concluded.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is MirisBeautyPlants. Regardless of your right of cancellation, you can cancel your order for a product at any time free of charge before the corresponding shipping confirmation is sent.
§ 6 Terms of payment
(1) Any fees due shall be paid to MG Plants in advance, at the time of maturity, without deduction.
(2) The customer can pay for the goods or services using the following payment methods:
- Paypal
- Credit card
(3) Certain payment methods may be excluded by the provider in individual cases.
(4) The customer is not permitted to pay for the goods or services by sending cash or checks.
(5) If the customer chooses an online payment method, the customer thereby authorizes the provider to collect the amounts due at the time of the order.
(6) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider's account within five calendar days of receipt of the order. The provider reserves the goods accordingly for five calendar days.
(7) If the provider offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the provider to collect the amounts due.
(8) If the provider offers payment by direct debit and the customer chooses this payment method, the customer issues a SEPA basic mandate to the provider. If a payment transaction is reversed when paying by direct debit due to insufficient funds in the account or due to incorrectly transmitted bank details, the customer must bear the costs.
(9) If the provider offers payment in advance and the customer chooses this payment method, the customer undertakes to pay the invoice amount within 14 days after dispatch of the goods, without any deduction of discount.
(10) Should the customer default on payment, the provider reserves the right to claim damages for late payment.
terminated, the user must pay compensation for the remaining term of the contract in the amount of the agreed fee less the saved expenses. The amount of the saved expenses is set at a flat rate of 10% of the fee. Both contracting parties are free to prove that the damage and/or the saved expenses are actually higher or lower.
(8) After termination of the contractual relationship, all user data will be deleted by MG Plants.
§ 8 Limitation of Liability (Services)
(1) MG Plants assumes no responsibility for the content and accuracy of the information in the registration and profile data of the customers as well as other content generated by the customers.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective customers involved. Therefore, MG Plants is not liable for the services of the participating customers. Accordingly, all matters relating to the relationship between the customers, including, without exception, the services received by a seeker or payments due to the customer, are to be addressed directly to the respective party. MG Plants cannot be held responsible for this and hereby expressly rejects all possible liability claims of any kind, including claims, services, direct or indirect damages of any kind, conscious or unconscious, suspected or unexpected, disclosed or not, in any way related to the aforementioned matters.
(3) MirisBeautyPlants shall only be liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by MirisBeautyPlants or an intentional or negligent breach of duty by a legal representative or vicarious agent of MirisBeautyPlants.
(4) MirisBeautyPlants Europe shall only be liable for other damages, unless they are based on the breach of cardinal obligations (those obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely), if they are based on an intentional or grossly negligent breach of duty by MirisBeautyPlants or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of MirisBeautyPlants.
(5) Claims for damages are limited to foreseeable damages typical for the contract. In the event of delay, they shall amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, body or health or freedom shall become time-barred after 30 years; in all other cases after 1 year, whereby the limitation period shall expire at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and of the identity of the debtor or would have become aware of them without gross negligence (Section 199 (1) of the German Civil Code).
(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and, if necessary, to delete it in whole or in part.
§ 9 Set-off and right of retention
(1) The customer shall only be entitled to set off claims if the customer’s counterclaim has been legally established or has not been disputed by the provider.
(2) The customer may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 10 Retention of title
MirisBeautyPlants reserves ownership of the goods until full payment has been made.
§ 11 Transport damage
(1) If the customer receives the goods with obvious transport damage, the provider requests him to complain about this as soon as possible.
(2) If the customer fails to make a complaint, this will have no consequences for the statutory warranty rights. The purpose of the complaint is to enable the provider to assert his own claims against the carrier.
§ 12 Defects
(1) If the purchaser is a consumer, the warranty and liability for defects of the delivered item shall be governed by the statutory provisions.
(2) In the case of plants, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, the defect shall be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period is one year. This applies unless claims for damages and reimbursement of expenses are asserted that relate to compensation for damage to body and health or to intent or gross negligence.
§ 13 Limitation of Liability (Products)
(1) The provider is liable for claims for damages by the customer arising from injury to life, body or health or from the violation of essential contractual obligations, as well as for other damages that are based on their intentional or grossly negligent breach of duty, or on the part of one of the provider's legal representatives or vicarious agents.
(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the purpose of the contract.
(3) The provider is liable for breaches of essential contractual obligations that are based on typical, foreseeable damages, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer that are based on injury to life, body or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) To the extent that MG Plants’ liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
§ 14 Cancellation policy
(1) If the customer is a consumer, he shall have a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of one good in several partial shipments or pieces), without giving any reason.
The cancellation period for services is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must:
MirisBeautyPlants
Miriam Gouda
Pfarrer- Dr.-Hoffmann-Str. 8a
53343 Wachtberg
Miriam.gouda@web.de
by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the sample withdrawal form on our website for this purpose or send us another clear statement. If you make use of this option, we will send you a confirmation of receipt of such a withdrawal immediately (e.g. by email).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired and for you to return the goods via our online returns center within the period specified below.
For additional information regarding the scope, content and explanations on how to exercise it, please contact our customer service.
(3) Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods promptly and in any event no later than 14 days from the date on which you notify us of the cancellation of this contract to
MirisBeautyPlants
Miriam Gouda
Pfarrer- Dr.-Hoffmann-Str. 8a
53343 Wachtberg
to return or hand over the goods. This deadline is met if you send the goods before the expiry of the 14-day period. You will bear the direct cost of returning the goods.
(4) Exceptions to the right of withdrawal
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
The right of withdrawal does not exist or expires for the following contracts:
- for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which, due to their nature, have been inseparably mixed with other goods after delivery;
- for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
- for the supply of goods which are liable to spoil quickly or whose expiry date would quickly be exceeded;
- for services, if MG Plants has fully provided them and you have acknowledged and expressly agreed before ordering that we can start providing the service and you lose your right of withdrawal upon full performance of the contract;
- for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; and
- for the supply of alcoholic beverages, the price of which was agreed upon when the sales contract was concluded, but which can only be delivered after 30 days and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
§ 15 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
- for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the supply of goods which are liable to spoil quickly or whose expiry date would quickly be exceeded;
(2) The right of withdrawal expires prematurely in the case of contracts
- for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
- for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;
- for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
§ 16 Data protection
(1) If personal data (e.g. name, address, email address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data over the Internet (e.g. via email) may have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this regard is excluded.
(3) Third parties are not entitled to use contact data for commercial activities unless the provider has given the data subjects prior written consent.
(4) You have the right to obtain from MG Plants complete information about the data concerning you free of charge at any time.
(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate privacy policy.
§ 17 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string by which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
(3) Through the use of cookies, we can provide users of this website with more user-friendly services that would not be possible without the cookie setting.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, and these are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard disk at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies. A banner is available for this purpose which you can object to/accept.
(6) Of course, you can set your browser so that no cookies are stored on your hard disk or that cookies that have already been stored are deleted. You can find instructions on how to prevent and delete cookies in the help function of your browser or software manufacturer.
§ 18 Place of jurisdiction and applicable law
(1) Any differences of opinion and disputes arising from this contract shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 19 Final provisions
(1) The contract language is German.
(2) We do not offer any products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use MG Plants with the involvement of a parent or guardian.
(3) If you breach these Terms and Conditions and we do not take action against you, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions of Sale.
(4) We reserve the right to make changes to our website, rules, conditions, including these Terms and Conditions at any time. Your order will be subject to the terms and conditions of sale, contract terms and conditions in force at the time you place your order, unless a change to these terms and conditions is required by law or by government order (in which case they will also apply to orders you have previously placed). If any provision of these Terms and Conditions of Sale is invalid, void or unenforceable for any reason, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
(5) The invalidity of a provision does not affect the validity of the other provisions of the contract. Should this be the case, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.
