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Terms of service
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General Terms and Conditions with Customer Information
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Table of Contents
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1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Contract Duration and Termination of Subscription Contracts
7. Retention of Title
8. Warranty for Defects
9. Liability
10. Redemption of Promotional Vouchers
11. Applicable Law
12. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "T&Cs") of Dennis Götz, trading as “eacygrow” (hereinafter "we/us"), apply to all contracts for the delivery of goods that you, as a consumer or business customer (hereinafter "you/your"), conclude with us regarding the goods displayed in our online shop. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.
1.2 You are a consumer within the meaning of these T&Cs if you conclude a legal transaction for purposes that are predominantly neither related to your commercial nor your independent professional activity.
1.3 You are a business customer within the meaning of these T&Cs if you are a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of your commercial or independent professional activity.
1.4 The subject matter of the contract may – depending on our product description – be either the supply of goods through a one-time delivery or the supply of goods through a recurring delivery (hereinafter "subscription contract"). With a subscription agreement, we undertake to supply you with the agreed-upon goods during the agreed contract period, at the agreed intervals.
2) Conclusion of Contract
2.1 The product descriptions in our online shop do not constitute a binding offer on our part, but are intended to enable you to make a binding offer.
2.2 You can submit your offer via the online order form integrated into our online shop. After placing the selected items in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding offer for the items in the shopping cart by clicking the button that finalizes the order process.
2.3 We can accept your offer within five days:
- by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by you is decisive; or
- by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive; or
- by requesting payment from you after you have placed your order.
If several of the aforementioned options apply, the contract is concluded at the time when one of the aforementioned options first occurs. The period for accepting your offer begins on the day after you submit your offer and ends on the fifth day following the submission of the offer. If we do not accept your offer within the aforementioned period, this is considered a rejection of the offer, meaning that you are no longer bound by your offer.
2.4 If you select a payment method offered by PayPal, payment processing will be handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if you do not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If you pay using a payment method offered by PayPal, which you can select during the online ordering process, we hereby declare that we accept your offer at the time you click the button that finalizes the order.
2.5 When placing an order via our company's online order form, the contract details will be stored by us after the contract is concluded and will be sent to you in written form (e.g., email, fax, or letter) after you submit your order. We will not make the contract details available to you in any other way. If you have created a user account in our online shop before submitting your order, the order details will be archived on our website and can be accessed by you free of charge via your password-protected user account by entering your login credentials.
2.6 Before submitting your binding order via our online order form, you can check for any possible input errors.
You can identify any errors by carefully reading the information displayed on the screen. An effective technical tool to help you detect input errors is the zoom function of your browser, which allows you to enlarge the display on the screen. During the online ordering process, you can correct your entries using the standard keyboard and mouse functions until you click the button that finalizes the order.
2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and communication usually take place via email and an automated order processing system. You must ensure that the email address you provide for order processing is correct, so that emails sent by us can be received at that address. In particular, if you use a spam filter, you must ensure that all emails sent by us or by third parties we have commissioned to process your order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in our cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in our product description, the prices quoted are total prices. VAT is not shown separately, as we are a small business within the meaning of the VAT Act. Any additional shipping and delivery costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may apply in individual cases, which we are not responsible for and which you must bear. These may include costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs related to the money transfer may also occur if the delivery is not to a country outside the European Union, but you make the payment from a country outside the European Union.
4.3 The available payment methods will be displayed in our online shop.
4.4 If you select a payment method offered via the payment service provider "PayPal", the payment processing will be handled by PayPal, which may also use the services of third-party payment service providers. If we offer payment methods via PayPal that involve us providing services to you in advance (e.g., invoice payment or installment payment), we will assign our claim for payment to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the customer data provided. We reserve the right to refuse the selected payment method if the credit check result is negative. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, you can only make payments to PayPal or the payment service provider commissioned by PayPal with a legally valid discharge of your obligation. However, even in the case of assignment of the claim, we remain responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of withdrawal and related documentation, or credits.
4.5 If you select a payment method offered via the payment service "Shopify Payments", the payment processing will be handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be displayed in our online shop. For processing payments, Stripe may use additional payment service providers, which may have their own terms and conditions. You will be informed separately about these terms and conditions, if applicable. Further information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and Shipping Terms
5.1 If we offer shipping, delivery will be made to the shipping address you provided within the delivery area specified by us, unless otherwise agreed. The shipping address provided during the order processing is the definitive address for the transaction.
5.2 If delivery of the goods fails due to reasons attributable to you, you will bear the reasonable costs incurred by us. This does not apply to the costs of the initial shipment if you have successfully exercised your right of withdrawal. Regarding return shipping costs.If you exercise your right of withdrawal in a manner that is unduly burdensome, the provisions regarding this matter in our cancellation policy will apply.
5.3 If you are acting as a business customer, the risk of accidental loss or damage to the sold goods passes to you as soon as we have delivered the goods to the forwarding agent, carrier, or other person or entity responsible for carrying out the shipment. If you are acting as a consumer, the risk of accidental loss or damage to the sold goods generally only passes to you upon delivery of the goods to you or a person authorized to receive them. However, even if you are acting as a consumer, the risk of accidental loss or damage to the sold goods passes to you as soon as we have delivered the goods to the forwarding agent, carrier, or other person or entity responsible for carrying out the shipment, if you have instructed the forwarding agent, carrier, or other person or entity to carry out the shipment and we have not previously named this person or entity to you.
5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not our fault and we have concluded a specific cover transaction with the supplier with due diligence. We will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, you will be informed immediately and any payment received will be refunded immediately.
5.5 Customer pick-up is not possible for logistical reasons.
6) Contract Duration and Termination of Subscription Agreements
6.1 Subscription agreements are concluded for an indefinite period and can be terminated by you at any time without notice. 6.2 The right to terminate the contract prematurely for good cause remains unaffected. Good cause exists if, considering all circumstances of the individual case and weighing the interests of both parties, it is unreasonable to expect the terminating party to continue the contractual relationship until the agreed termination date or the end of the notice period.
6.3 Termination notices may be submitted in writing, in text form (e.g., by email) or electronically via the termination function provided on our website (termination button).
7) Retention of Title
If we provide goods on credit, we retain ownership of the delivered goods until the purchase price has been paid in full.
8) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. However, for contracts for the delivery of goods:
8.1 If you are acting as a business customer:
- we have the option to choose the type of remedial action;
- for new goods, the limitation period for claims relating to defects is one year from delivery of the goods;
- for used goods, claims relating to defects are excluded;
- the limitation period does not restart if a replacement delivery is made as part of the warranty.
8.2 The limitations of liability and shortened limitation periods stated above do not apply:
- to your claims for damages and reimbursement of expenses;
- if we have fraudulently concealed the defect;
- to goods that have been used in accordance with their intended use for a building and have caused its defective condition;
- to any existing obligation on our part to provide updates for digital products, in contracts for the delivery of goods with digital elements. 8.3 Furthermore, for business customers, the statutory limitation periods for any potential legal recourse claim remain unaffected.
8.4 If you are a merchant within the meaning of Section 1 of the German Commercial Code (HGB), you are subject to the merchant's duty of examination and notification of defects pursuant to Section 377 HGB. If you fail to fulfill the notification obligations stipulated therein, the goods shall be deemed to have been accepted.
8.5 If you are a consumer, please report any delivered goods with obvious transport damage to the delivery service provider and inform us accordingly. Failure to do so will not affect your statutory or contractual rights regarding defects.
9) Liability
The seller is liable to you for all contractual, quasi-contractual, and statutory claims for damages and expenses, including tort claims, as follows:
9.1 We are fully liable without limitation
- for intentional misconduct or gross negligence,
- for intentional or negligent injury to life, limb, or health,
- based on a guarantee, unless otherwise stipulated,
- based on mandatory liability laws liability, such as under the Product Liability Act.
9.2 If we negligently breach a material contractual obligation, our liability is limited to the typical, foreseeable damage, unless we are liable without limitation pursuant to the preceding paragraph. Material contractual obligations are those obligations that the contract imposes on us, according to its content, for the purpose of achieving the contractual objective, whose fulfillment is essential to the proper performance of the contract and on whose observance you may regularly rely.
9.3 Otherwise, we exclude any liability.
9.4 The above liability provisions also apply with respect to our liability for our agents and legal representatives.
10) Redemption of promotional vouchers
10.1 Vouchers that we issue free of charge as part of promotional campaigns with a specific validity period and which you cannot purchase (hereinafter "promotional vouchers") can only be redeemed in our online shop and only during the specified period.
10.2 Promotional vouchers can only be redeemed by you as a consumer.
10.3 Individual products may be excluded from the voucher promotion, provided that such a restriction is stated in the terms and conditions of your promotional voucher.
10.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
10.5 Only one promotional voucher can be redeemed per order.
10.6 The value of the goods must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded.
10.7 If the value of the promotional voucher is not sufficient to cover your order, you can choose one of the other payment methods we offer to pay the outstanding amount.
10.8 The credit balance of a promotional voucher will neither be paid out in cash nor accrue interest. 10.9 The promotional voucher will not be refunded if you return the goods purchased with the promotional voucher, either in full or in part, under your statutory right of withdrawal.
10.10 The promotional voucher is transferable. We may make payment to the respective holder who redeems the promotional voucher in our online shop, thereby discharging our obligation. This does not apply if we have knowledge of, or are grossly negligent in failing to know about, the lack of entitlement, legal incapacity, or lack of authority to represent the respective holder.
11) Applicable Law
All legal relationships between you and us are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of goods. If you are acting as a consumer, this choice of law applies only insofar as the protection afforded to you by mandatory provisions of the law of the country in which you have your habitual residence is not withdrawn.
12) Alternative Dispute Resolution
We are not obligated to participate in a dispute resolution procedure before a consumer arbitration body, but we are willing to do so.
Copyright Notice: These terms and conditions were drafted by the specialist lawyers of the IT Law Firm and are protected by copyright (https://www.it-recht-kanzlei.de)