(1) The business relationship between Agrilution Systems GmbH, Centa-Hafenbrädl-Str. 61, D-81249 Munich, Germany Tel.: 089-23029292, registered in the commercial register of Munich District Court under HRB 253027, represented by its Managing Directors Maximilian Loessl and Philipp Wagner, VAT identification number: DE327793650 (hereinafter “Agrilution”) and the customer (hereinafter “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version that applies at the time the order is placed. Different terms and conditions of the ordering party shall not be recognised, unless Agrilution explicitly agrees to them in writing.
(2) The Customer is a consumer to the extent that the purpose of the ordered deliveries and services cannot predominantly be linked to a commercial activity or to an activity of an independent entity. By contrast, a Customer is a contractor if it is a natural or legal person or a partnership with legal capacity which, when concluding the contract, is pursuing its commercial or independent professional activity.
(1) The Customer can make a selection from the range of Agrilution products, in particular Plantcubes and corresponding accessories (e.g. seedmats or fertiliser), and add the products to the basket. The Customer uses the “Place order and pay” button to submit a binding request to purchase the goods in their basket to which, in the absence of a provision to the contrary, s/he is bound for 7 days (acceptance period). Before submitting the order, the Customer may change and view the details at any time.
(2) Agrilution will then e-mail the Customer an automatic acknowledgement of receipt in which the Customer’s order is detailed again and which the Customer can print out using the “Print” function. The automatic acknowledgement of receipt merely documents that Agrilution has received the Customer’s order and does not constitute acceptance of the request. The contract only comes into effect when Agrilution issues the declaration of acceptance within the acceptance period which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest when the goods are delivered, we send the contract text (consisting of the order, T&Cs and order confirmation) to the Customer using a durable medium (e-mail or paper printout) (confirmation of contract). The contract text is saved in compliance with data protection.
(3) The contract is concluded in German.
(1) Delivery times which we quote are calculated from the date of our order confirmation, assuming the purchase price has been paid beforehand. If no (different) delivery time is specified for the particular goods in our Online-Shop, it is 30 days.
(2) If a binding delivery deadline cannot be met for reasons beyond Agrilution's control (e.g. owing to a lack of supply to the seller from other suppliers or force majeure), we immediately notify the Customer about this, specifying the new expected delivery deadline if possible. If the new delivery deadline is not acceptable to the Customer or the goods are not available within the new delivery deadline either, or are not available at all, both parties to the contract shall be entitled to withdraw from the contract in respect of the goods in question; in this case, Agrilution shall immediately refund any payment that has already been provided. The legal rights of the parties to the contract remain unaffected by this.
(3) The following delivery restrictions apply: Agrilution only delivers to Customers whose normal domicile (billing address) is in Germany and are able to provide a delivery address in Germany.
(1) All prices which are specified on Agrilution’s website include the applicable amount of value added tax.
(2) The corresponding shipping costs are notified to the Customer during the order process.
(3) The Plantcubes are supplied by Agrilution. Unless something to the contrary is agreed, Agrilution shall be entitled to determine the method of shipping (in particular the carrier, dispatch route, packaging) itself.
(4) Any goods other than Plantcubes are sent by post. Agrilution bears the shipping risk if the Customer is a consumer.
(5) In the event of cancellation, the Customer pays the direct costs of returning the goods.
(1) The Customer can pay by making a credit card payment, instant transfer or bank transfer.
(2) The Customer can change the payment type saved in their user account at any time.
(3) The purchase price shall be due for payment as soon as the contract is concluded. If the due date for payment is determined by the calendar date, the Customer shall be in default simply by missing the date which is set. In this case, the Customer must pay Agrilution default interest amounting to 5 percentage points above the base interest rate.
(4) The Customer’s obligation to pay default interest does not preclude Agrilution from claiming further damages for delay.
(5) The Customer shall only enjoy rights of offset or retention if their claim is legally binding or undisputed. If there are defects with the delivery, the purchaser’s reciprocal rights shall remain unaffected.
(1) Agrilution is liable for material defects under the statutory regulations which apply in this regard, in particular Sections 434 et seq. of the German Civil Code. In respect of contractors, the warranty period for goods which Agrilution supplies is 12 months.
(2) An additional warranty only exists for the goods which Agrilution supplies if such a warranty has been agreed separately in writing.
(1) Agrilution is liable to pay compensation in accordance with the statutory regulations, unless something to the contrary is specified below.
(2) If obligations are breached – on whatever legal ground – Agrilution is liable for wilful intent and gross negligence. In the case of ordinary negligence, Agrilution shall only be liable:
(3) The above limitations of liability also apply to breaches of obligations by people for whose culpability we are responsible under statutory regulations. Claims under the German Product Liability Act remain unaffected in all cases.
(1) Consumers (see Section 1 paragraph (2)) always have a statutory right to cancel when they enter into a distance-selling transaction, and Agrilution provides information about this below in accordance with the legal sample. The exceptions to the right of cancellation are set out in paragraph (2). Paragraph (2) contains a sample cancellation form.
Right to cancel
You have the right to cancel this contract within fourteen days without specifying any reasons for doing so.
The cancellation period is fourteen days from the day on which you or a third party that is nominated by you and is not a carrier took possession of the goods.
To exercise your right to cancel, you must notify us (Agrilution GmbH, Centa-Hafenbrädl-Str. 61, D-81249 Munich, Germany, Tel.: 089-23029292, e-mail firstname.lastname@example.org) with a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can do this using the enclosed sample cancellation form, but this is not mandatory.
To comply with the cancellation period, it is sufficient if you send the notification about exercising the right to cancel before the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we must refund to you all payments which we have received from you, including the delivery costs (with the exception of the additional costs arising from the fact that you chose a delivery method other than the cheapest standard delivery method which we offer), immediately and no later than within fourteen days of the day on which we receive the notification about your cancellation of this contract. For this refund, we shall use the same means of payment that you used for the original transaction, unless something different has explicitly been agreed with you; under no circumstances will you be charged any fees on account of this refund.
We collect Plantcubes.
You pay the direct costs of returning the Plantcube. The costs are estimated to be no more than around €80.
The following applies in respect of all other goods:
We may refuse to make the refund until we have received the goods back again or until you have provided the proof that you have sent back the goods, depending on which comes first.
You must send back or hand over the goods to us immediately and in any event within no more than fourteen days from the day on which you notify us about the cancellation of this contract. This deadline period shall be met if you send the goods before the deadline period of fourteen days expires.
You pay the direct costs of returning the goods.
You must only pay for any depreciation in the value of the goods if this depreciation in value can be attributed to their being handled in a manner that was not necessary for the purpose of checking the condition, properties and functionality of the goods.
(2) Agrilution provides the following information about the sample cancellation form in accordance with the statutory regulations:
Sample cancellation form
(If you want to cancel the contract, then please complete this form and send it back.)
To Agrilution GmbH, Centa-Hafenbrädl-Str. 61, 81249 Munich, Tel.: 089-23029292, E-Mail email@example.com:
I/we (*) hereby cancel the contract I/we (*) concluded in relation to the purchase of the following goods (*)/the provision of the following service (*)
Ordered on [●] (*)/received on [●] (*)
Name of the consumer(s): [●]
Address of the consumer(s): [●]
Signature of the consumer(s) (only for notification on paper)
(*) Delete as applicable
(1) Contracts between Agrilution and Customers are governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory regulations limiting the choice of law and the applicability of mandatory regulations in particular of the country in which the Customer is usually domiciled as a consumer remain unaffected.
(2) If the Customer is a merchant, a public legal entity or a special fund as defined under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and Agrilution shall be the registered office of Agrilution.
(3) Even if individual points in the contract are found to be legally ineffective, the rest of the contract shall remain legally binding. Where available, the statutory regulations shall replace the ineffective points. However, if this would represent undue hardship for one of the parties to the contract, the contract as a whole shall be rendered ineffective.
Legal notice about consumer dispute resolution:
Agrilution does not participate in dispute resolution proceedings before a dispute arbitration body.