Terms and Conditions
Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts concluded with us as the provider (Green Living Christian Voss) via the website www.greenliving.de and also in any other form of distance selling or normal purchase (where applicable). Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of Contract
(1) The subject of the contract is the sale of goods.
Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "checkout" page and entering personal data as well as shipping and payment conditions, all order data will finally be displayed again on the order summary page. Before submitting the order, you have the opportunity to review, change (also using the "back" function of the internet browser) or cancel the purchase.
By submitting the order via the "buy" button, you submit a binding offer to us. An order by email or telephone shall be treated in the same way.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place as quickly as possible after the order by confirmation in text form (e.g., email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). Instead of an order confirmation, an invoice can also be sent directly to you.
If you have not received a corresponding message within 14 days, you are no longer bound by your order. Any services already rendered will be refunded immediately in this case.
(4) Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address stored by you with us is correct, that the receipt of emails is technically ensured and, in particular, is not prevented by spam filters.
§ 3 Individually Designed Goods
(1) You shall provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after the conclusion of the contract. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or existing laws. You expressly indemnify us against all claims of third parties asserted in this context. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for factual correctness and assume no liability for errors in this respect.
§ 4 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. The simple, extended and prolonged retention of title applies.
(3) If you are an entrepreneur, the following applies in addition:
a) We reserve title to the goods until all claims arising from the ongoing business relationship have been fully settled. Pledging or chattel mortgaging is not permitted before the transfer of ownership of the goods subject to retention of title.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 5 Warranty
(1) Statutory liability for defects exists.
(2) In the case of used goods, the warranty period, deviating from the statutory regulation, is one year from the delivery of the goods. The reduction of the period does not apply:
- for damages culpably caused by us resulting from injury to life, body, or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item.
(3) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(4) If you are an entrepreneur, the following applies, deviating from the above warranty regulations:
a) Only our own information and the manufacturer's product description are deemed agreed as the quality of the item, but not other advertising, public promotions, and statements by the manufacturer.
b) In the event of defects, we shall provide a warranty, at our discretion, by rectification or replacement delivery. If the rectification of defects fails, you can, at your discretion, demand a reduction in price or withdraw from the contract. Rectification of defects is deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, unless the transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction of the period does not apply:
- for damages culpably caused by us resulting from injury to life, body, or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with defect rights.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, unless you are a consumer, but a merchant, legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time the action is filed. The right to appeal to a court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer Information
1. Identity of the Seller
Green Living Christian Voss
Bölschestraße 61
12587 Berlin
Germany
Phone: 49 (0)174-9885001
Email: info@greenliving.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically secured using the browser's print function. Online business via the shopping cart: After receipt of the order by us, the order data, the legally prescribed information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer requests outside the online shopping cart system, you will receive all contract data within the scope of a binding offer in text form, e.g., by email, which you can print out or save electronically.
4. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and Payment Methods
5.1. The prices quoted in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping is promised.
5.3. If delivery is made to countries outside the European Union, further costs for which we are not responsible may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you. You must also bear the costs of money transfer in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.
5.4. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were pre-drafted by the lawyers specializing in IT law at Händlerbund.
Additional General Terms and Conditions for installment purchase by easyCredit 1
. Scope of Application and General Terms of Use The following additional General Terms and Conditions (hereinafter referred to as GTC) apply between you and the retailer for all contracts concluded with the retailer in which installment purchase by easyCredit (hereinafter referred to as Installment Purchase) is used. In the event of a conflict, the supplementary GTC take precedence over conflicting General Terms and Conditions of the retailer. An Installment Purchase is only possible for customers who are consumers according to § 13 BGB and have reached the age of 18. 2. Installment Purchase For your purchase, the retailer offers you the Installment Purchase as an additional payment option with the support of TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter TeamBank AG). The retailer reserves the right to check your creditworthiness. Further details can be found in the Installment Purchase data protection notice in the order process. Should the use of Installment Purchase not be possible due to insufficient creditworthiness or reaching the retailer's sales limit, the retailer reserves the right to offer you an alternative billing option. The contract for an Installment Purchase is concluded between you and the retailer. With the Installment Purchase, you opt for payment of the purchase price in monthly installments. Monthly installments are to be paid over a fixed agreed term, with the final installment possibly deviating from the previous installment amounts. Ownership of the goods remains reserved until full payment. The claims arising from the Installment Purchase are assigned by the retailer to TeamBank AG within the framework of an ongoing factoring contract. Payments can only be made to TeamBank AG with debt-discharging effect. 3. Installment Payment by SEPA Direct Debit By issuing the SEPA Direct Debit mandate with the Installment Purchase, you authorize TeamBank AG to collect the payments due under the Installment Purchase from your current account specified in the order process at the credit institution specified there by means of a SEPA Direct Debit. TeamBank AG will notify you of the collection by email at the latest one calendar day before the due date of the SEPA Direct Debit (pre-notification). The collection will take place at the earliest on the stated date of the pre-notification. A later, timely collection may take place. If the purchase price amount is reduced between the pre-notification and the due date (e.g. by credit notes), the debited amount may deviate from the amount stated in the pre-notification.
installment purchase by easyCredit -public-
You must ensure that your current account has sufficient funds at the time of the due date. Your credit institution is not obliged to honor the direct debit if there are insufficient funds in the current account. Should a chargeback occur due to insufficient funds in the current account, due to an unauthorized objection by the account holder or due to the closure of the current account, you will be in default even without a separate reminder, unless the chargeback results from a circumstance for which you are not responsible. The fees charged by your credit institution to TeamBank AG in the event of a chargeback will be passed on to you and must be paid by you. If you are in default, TeamBank AG is entitled to charge a reasonable reminder fee for each reminder or default interest at a rate of five percentage points above the respective base rate of the European Central Bank. Due to the high costs associated with a chargeback, we ask you not to object to the SEPA direct debit in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, the payment will be reversed in coordination with the retailer by transferring the corresponding amount back or by a credit note.