Terms of service

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope

  2. Conclusion of the Contract

  3. Right of Withdrawal

  4. Prices and Payment Conditions

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Liability for Defects (Statutory Warranty)

  8. Liability

  9. Applicable Law

  10. Alternative Dispute Resolution

1) Scope

1.1

These General Terms and Conditions (hereinafter referred to as the “GTC”) of Dennis Brunn, trading as “GreenClimbersHome”, email: shop@greenclimbershome.com (hereinafter referred to as the “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or business customer (hereinafter referred to as the “Customer”) and the Seller concerning goods displayed by the Seller in the Seller’s online store.

The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2

A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.

1.3

A business customer within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activity.

2) Conclusion of the Contract

2.1

The product descriptions contained in the Seller’s online store do not constitute binding offers by the Seller. They serve to enable the Customer to submit a binding offer.

2.2

The Customer may submit an offer using the online order form integrated into the Seller’s online store.

After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer concerning the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3

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, such as by fax or email, in which case receipt of the order confirmation by the Customer is decisive;

  • 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 above alternatives applies, the contract is concluded at the time when the first of these alternatives occurs.

The period for accepting the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the day on which the offer was sent.

If the Seller does not accept the Customer’s offer within this period, this is deemed to constitute rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4

When an order is placed through the Seller’s online order form, the wording of the contract will be stored by the Seller after the contract has been concluded and sent to the Customer in text form, such as by email, fax or letter, after the Customer has submitted the order.

The Seller will not make the wording of the contract accessible in any other way.

If the Customer created a user account in the Seller’s online store before submitting the order, the order information will be archived on the Seller’s website. The Customer may access this information free of charge through their password-protected user account by entering the relevant login details.

2.5

Before submitting a binding order using the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen.

The browser’s zoom function, which enlarges the information displayed on the screen, may provide an effective technical means of identifying input errors more easily.

During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.6

The contract may be concluded in different languages. The specific language options available are displayed in the online store.

2.7

Order processing and communication generally take place by email and through automated order processing.

The Customer must ensure that the email address provided for order processing is correct and that emails sent by the Seller can be received at this address.

In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1

Consumers generally have a right of withdrawal.

3.2

Further information concerning the right of withdrawal can be found in the Seller’s Cancellation Policy.

3.3

The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole residence and delivery address are located outside the European Union at that time.

4) Prices and Payment Conditions

4.1

Unless otherwise stated in the Seller’s product description, the prices displayed are total prices.

No value-added tax is charged because the Seller is exempt from charging VAT under the German small-business regulation.

Any additional delivery and shipping costs will be stated separately in the relevant product description.

4.2

For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer.

These may include, for example:

  • costs charged by financial institutions for transferring funds, such as transfer fees or exchange-rate fees; or

  • import duties and taxes, such as customs duties.

Costs relating to the transfer of funds may also arise if the goods are not delivered to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3

The payment method or methods available to the Customer will be displayed in the Seller’s online store.

4.4

If the Customer selects a payment method offered through the “Shopify Payments” payment service, payment will be processed by:

Shopify International Limited
Victoria Buildings, 2nd Floor
1–2 Haddington Road
Dublin 4, D04 XN32
Ireland
(“Shopify”)

The individual payment methods available through Shopify Payments will be displayed to the Customer in the Seller’s online store.

Shopify may use additional payment service providers to process payments. Separate payment conditions may apply to these services, and the Customer may be informed of these separately where applicable.

Further information about Shopify Payments is available at:

https://www.shopify.com/legal/terms-payments/de

5) Delivery and Shipping Conditions

5.1

If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed.

The delivery address specified during the Seller’s order-processing procedure is decisive for the fulfilment of the transaction.

5.2

If delivery of the goods fails for reasons attributable to the Customer, the Customer must bear the reasonable costs incurred by the Seller as a result.

This does not apply to the original shipping costs if the Customer validly exercises their right of withdrawal.

If the Customer validly exercises their right of withdrawal, the provisions concerning return shipping costs contained in the Seller’s Cancellation Policy apply.

5.3

If the Customer acts as a business customer, the risk of accidental loss and accidental deterioration of the goods passes to the Customer as soon as the Seller has handed the goods over to the forwarding agent, carrier or other person or institution appointed to carry out the shipment.

If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods generally passes to the Customer only when the goods are handed over to the Customer or to a person authorised to receive them.

Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods also passes to a consumer as soon as the Seller has handed the goods over to the forwarding agent, carrier or other person or institution appointed to carry out the shipment if the Customer commissioned that forwarding agent, carrier, person or institution and the Seller had not previously identified that person or institution to the Customer.

5.4

If the Customer is a consumer residing in Germany or a business customer, the Seller reserves the right to withdraw from the contract in the event that the Seller does not receive supplies correctly or properly from its own supplier.

This applies only if the Seller is not responsible for the failure to receive the goods and has, with due care, concluded a specific covering transaction with the supplier.

The Seller will make all reasonable efforts to obtain the goods.

If the goods are unavailable or only partially available, the Customer will be informed without undue delay and any payment already made will be reimbursed without undue delay.

5.5

Collection by the Customer is not possible for logistical reasons.

6) Retention of Title

If the Seller supplies the goods before receiving full payment, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Statutory Warranty)

Unless otherwise provided below, the statutory provisions governing liability for defects apply.

The following differing provisions apply to contracts for the delivery of goods:

7.1

If the Customer acts as a business customer:

  • the Seller may choose the type of supplementary performance;

  • for new goods, the limitation period for claims relating to defects is one year from delivery of the goods;

  • claims relating to defects are excluded for used goods; and

  • the limitation period does not begin again if a replacement delivery is made as part of the Seller’s liability for defects.

7.2

The limitations of liability and reductions of limitation periods set out above do not apply:

  • to claims by the Customer for damages or reimbursement of expenses;

  • if the Seller fraudulently concealed the defect;

  • to goods that have been used for a building in accordance with their customary purpose and have caused the building to be defective; or

  • to any obligation of the Seller to provide updates for digital products in connection with contracts for the delivery of goods containing digital elements.

7.3

For business customers, the statutory limitation periods applicable to any statutory right of recourse remain unaffected.

7.4

If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (Handelsgesetzbuch – HGB), the Customer is subject to the commercial duty to inspect the goods and notify the Seller of defects in accordance with Section 377 HGB.

If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been accepted.

7.5

If the Customer acts as a consumer, they are requested to report goods delivered with obvious transport damage to the carrier and to inform the Seller accordingly.

If the Customer does not do so, this will have no effect on their statutory or contractual claims relating to defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1

The Seller has unlimited liability on any legal basis:

  • in cases of intent or gross negligence;

  • in cases of intentional or negligent injury to life, body or health;

  • on the basis of a guarantee, unless otherwise stipulated in this regard; and

  • on the basis of mandatory liability, such as liability under the German Product Liability Act.

8.2

If the Customer is a consumer residing in Germany or a business customer, the following limitations of liability apply:

If the Seller negligently breaches an essential contractual obligation, the Seller’s liability is limited to the foreseeable damage typical for the contract, unless the Seller has unlimited liability in accordance with the preceding clause.

Essential contractual obligations are obligations imposed on the Seller by the contract in order to achieve the purpose of the contract, the fulfilment of which is necessary for the proper performance of the contract and on compliance with which the Customer may regularly rely.

In all other respects, the Seller’s liability is excluded unless the Seller has unlimited liability in accordance with the preceding clause.

8.3

The above liability provisions also apply with regard to the Seller’s liability for its agents and legal representatives.

9) Applicable Law

9.1

All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.

For consumers, this choice of law applies only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the country in which they have their habitual residence.

9.2

Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole residence and delivery address are located outside the European Union at that time.

10) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board.