General Terms and Conditions
1. Scope and Definitions
(1) Under the business relationship between Agrilution Systems GmbH, Geretsrieder Straße 10, D-81379 Munich, Germany Tel.: +49 89 215 476 70, registered in the commercial register of Munich District Court under HRB 253027, represented by its Managing Directors Philipp Wagner and Maik Brinkkötter, VAT identification number: DE327793650 (hereinafter referred to as “Agrilution”) and the Customer as well as website visitors and users of the app (hereinafter referred to as “Customer”) the following general terms and conditions in the version as valid at the time of the order apply exclusively. 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.
(3) The online shop and the shop in the Agrilution app are exclusively aimed at Customers who are at least 18 years of age.
2. Conclusion of Contract
(1) The Customer can make a selection from the range of Agrilution products, in particular Plantcubes and corresponding accessories (e.g. Seedbars or nutrient solution), as well as select subscriptions for Seedbundles, nutrient solutions and Cleaning Tabs and can add the products to the basket. By clicking on the button “Order with obligation to pay” the Customer issues a binding request for the purchase of the goods in the shopping basket. Before submitting the order with obligation to pay, the Customer may change and view the data at any time.
(3) The contract is concluded in German.
3. Registration and Agrilution App
(1) The Customer can register in the Agrilution app. When orders are placed through the online shop, Agrilution does not create a permanent account for the Customer.
(2) When registering in the Agrilution app, the Customer stores the following data in their account: full name, email address and country.
(3) The Customer can download the Agrilution app and, after registering and setting up an account, place orders and sign up for, individualise or cancel a subscription. Only one subscription can be signed up for or individualised per account (see also Section 5, Paragraphs 2 and 3).
4. Delivery and Availability of Goods
(1) Delivery times stated by us are calculated on the basis of the time at which the Customer received the confirmation and paid the purchase price of the order. If payment is in instalments, the delivery deadline is 30 days. If no (other) delivery time is specified for the particular goods in our online shop or in these T&Cs, the delivery time is 30 days. In the case of a pre-order placed prior to the actual start of sales, the Customer will be informed individually regarding the delivery dates.
(2) If a binding delivery deadline cannot be met for reasons beyond Agrilution’s control (e.g. owing to a lack of supply to Agrilution by upstream suppliers or force majeure), we will immediately notify the Customer. If Agrilution notifies the Customer of a new delivery deadline and if the new delivery deadline is not acceptable to the Customer or the goods are not available within the new delivery deadline, or not at all, both parties are entitled to withdraw from the contract; in this case the parties will immediately reimburse any payments received or return any part of the goods already delivered. The legal rights of the parties to the contract remain unaffected by this.
(3) The following delivery restrictions apply: Agrilution will only deliver to Customers who have their usual residence (billing address) in Germany, Austria or Switzerland and can provide a delivery address there.
5. Plantcubes and Subscriptions
(1) When purchasing a Plantcube, the Customer can use the online shop to sign up for a fixed-term subscription for the regular supply of various plants as well as of nutrient solution and Cleaning Tabs (“Seedbundles”). The Agrilution app allows the Customer to purchase flexible and fixed-term subscriptions. The subscription comes into force when the order is confirmed by Agrilution.
(2) The delivery time of the Plantcube is determined according to Section 4 Paragraph 1 of these general terms and conditions. The Customer receives a starter kit when the Plantcube is delivered. If the Customer has signed up for a subscription with a fixed term when purchasing a Plantcube, they can select the Seedbundles to be delivered (except Seedbundle Collections) as desired until the start of the Seedbar subscription delivery cycle and thus put an individualised delivery together. After signing up for a subscription via the Agrilution app, the Customer can also choose the Seedbundles to be delivered as desired until the start of the Seedbar subscription delivery cycle. In both cases, the Agrilution app must have been downloaded, an account must have been created in the app and the code must be entered in order to individualise the delivery.
(3) The Seedbar subscription delivery cycle begins at the end of the third day after delivery of the Plantcube or after signing up for a subscription. The date in question shall be deemed to be the “cut-off date” (to clarify: If the delivery of the Plantcube or signing up for a subscription takes place on the first of the month, the cut-off date is the fourth of that month and the fourth of every second month after that. If the cut-off date falls at the end of a month, the last day of every second month will be the cut-off date). The first delivery will be made no later than four working days after the cut-off date. If the Customer has not made an individual selection of Seedbundles by the cut-off date, they will receive pre-selected Seedbundles from Agrilution.
(4) Subsequent deliveries shall be made every two months at the latest four working days after the cut-off date for the duration of the term agreed in the contract and shall include the number of Seedbundles (excluding Seedbundle collections) selected by the Customer; the Customer can individualise the delivery by making a selection using the app by the cut-off date. If the Customer has not made an individual selection of Seedbundles by the cut-off date, they will receive pre-selected Seedbundles from Agrilution. The deliveries by Agrilution are also invoiced every two months. The payment methods referred to in Section 7 shall apply.
(5) Each delivery contains nutrient solution for at least two months of continuous operation for the applicable number of Seedbundles. Every third delivery (starting with the first delivery of the subscription) also contains Cleaning Tabs.
(6) Flexible subscriptions are concluded for an indefinite period with Customers who are contractors within the meaning of Section 14 of the German Civil Code. For customers who are consumers, flexible subscriptions are initially concluded for a period of two years. After the expiry of the term, the flexible subscription is automatically renewed for one year, unless the Customer cancels the flexible subscription with a lead time of at least seven days before the next cut-off date. A later termination shall be deemed to be termination after the next cut-off for the subsequent cut-off date. The cancellation is made via the Customer’s account in the Agrilution app or via email to firstname.lastname@example.org.
(7) In the case of subscription models with a fixed term, the contract ends at the end of the term provided for in the subscription. After the expiry of the term, the subscription may, with the consent of the Customer, be converted into a flexible subscription with the term specified in Section 5 Paragraph 6 Sentence 1 and 2 and with the conditions specified by Agrilution; the new subscription shall be renewed after its expiry according to the provisions of Section 5 Paragraph 6 Sentence 3. If the Customer does not agree, the subscription ends at the end of the term. Cancellation for good reason is possible with both subscription models.
(8) The prices of the subscriptions are determined by the information provided by Agrilution during the ordering process concerning the individual subscriptions. Discounts or other promotions do not apply to the subscriptions unless expressly stated.
6. Prices and Shipping Costs
(1) All prices that are specified on Agrilution’s website and during the ordering process include the applicable amount of value added tax. In case of doubt, the price stated in the order process shall prevail.
(2) The corresponding shipping costs are notified to the Customer during the order process. If a shipment is not picked up by the recipient within the storage period of the transport company in question and new shipping costs are incurred as a result, these costs are to be borne by the recipient.
(3) The Plantcubes are supplied by Agrilution. Unless otherwise expressly agreed, Agrilution shall be entitled to determine the method of shipping (in particular the carrier, dispatch route and packaging) itself.
(4) Any goods other than Plantcubes are sent by post. Agrilution bears the shipping risk if the Customer is a consumer. If the Customer is a contractor, the Customer must inspect the goods for damage immediately, but at the latest within one day of delivery. Section 377 of the German Commercial Code (HGB) applies.
(5) In the event of a cancellation, the Customer must return all goods, vouchers, discount codes and other benefits to Agrilution and, if necessary, shall bear the direct costs of the return. Vouchers and discount codes sent with an order lose their validity at the time of cancellation and are no longer redeemable.
7. Terms of Payment
(1) The Customer can pay via the payment methods shown in the order process.
(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 Customer has signed up for a fixed-term subscription when purchasing a Plantcube, payment for the delivery from the subscription is due on the cut-off date in each case, notwithstanding Sentence 1. 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 shall pay Agrilution default interest of five percentage points above the base rate, insofar as the Customer is a consumer. If the Customer is a contractor, late-payment interest of nine percentage points above the applicable base interest rate shall be paid.
(4) The Customer’s obligation to pay default interest does not preclude Agrilution from claiming further damages due to the delay.
(5) The Customer is entitled to set-off or retention rights only to the extent that their claim is legally established or undisputed or that the claim arises from the same legal relationship under which the relevant service was performed by Agrilution.
(6) Until full payment of the respective purchase price due, the goods ordered by the Customer remain the property of Agrilution.
8. Material Defect Warranty
(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 supplied by Agrilution is 12 months.
(2) Agrilution grants a two-year warranty to Customers who are consumers within the meaning of Section 13 of the German Civil Code. The warranty period begins with the delivery of the Plantcube to the Customer and is limited to the use of the Plantcube at the place of delivery. The statutory rights of the Customer to claims arising from defects are not limited by this warranty.
(3) Where Plantcube operation requires updates to the Plantcube software or to the app used to operate the Plantcube, Agrilution shall provide the Customer with these updates for two years from the delivery of the Plantcube at the Customer’s location in accordance with Section 475c (3) of the German Civil Code (“relevant period” as defined in Section 475b (3) (2) of the German Civil Code). If Agrilution provides the Customer with updates beyond this relevant period, it does so voluntarily. In particular, updates after the relevant period specified in Sentence 1 do not entitle the Customer to further updates. The Customer will be informed about updates in good time.
(1) Agrilution is liable to pay compensation in accordance with the statutory regulations, unless otherwise specified below.
(2) In the event of breaches of duty – regardless of the legal basis – Agrilution shall be liable in full for intent and gross negligence. In the case of ordinary negligence, Agrilution shall only be liable:
- for damages arising from loss of life, physical injury or harm to health and
- for damages arising from the breach of an essential contractual duty (obligation which must be satisfied to enable the proper implementation of the contract in the first place and on whose satisfaction the contractual partner may regularly rely); but in this case the liability is limited to the reimbursement of the foreseeable level of damage which typically occurs.
(3) The above limitations of liability also apply to breaches of obligations by people for whose culpability Agrilution is responsible under statutory regulations. Claims under the German Product Liability Act remain unaffected in all cases.
10. Cancellation Policy
(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. 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 who is not a carrier took possession of the goods.
In order to exercise your right of cancellation, you must contact us (Agrilution Systems GmbH, Geretsrieder Straße 10, D-81379 Munich, Germany, Tel.: +49 89 21547670, email email@example.com) by means of a clear declaration (e.g. a letter sent by post, a fax or an email) to inform us of your decision to withdraw from 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 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 Systems GmbH, Geretsrieder Straße. 10, D-81379 Munich, Germany, Tel.: +49 89 21547670, email firstname.lastname@example.org:
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
11. Final Provisions
(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:
The EU Commission provides an online dispute resolution platform. The Customer can find the platform at the following link: https://ec.europa.eu/consumers/odr/.
Agrilution is neither obliged nor willing to participate in dispute settlement proceedings before a consumer settlement body.