1) Scope of Application

1.1 These General Terms and Conditions of the company WowBotanics GbR Thomas Marquardt & Peter Marquardt & Dr. Matheus Regis Belisário Ferrari (hereinafter referred to as “Vendor”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Vendor relating to all goods presented in the Vendor’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

1.3 According to the Vendor’ product description, the object of the contract may be the sale and dispatch of live plants.

2) Conclusion of the Contract

2.1 The product descriptions in the Vendor’s online shop do not constitute binding offers on the part of the Vendor, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the Vendor’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

2.3 The Vendor may accept the Client’s offer within five days,

• • by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
  • by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
  • by requesting the Client to pay after the Client placed an order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Vendor not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 If the Client chooses “PayPal Express” when placing his order, payment processing is handled by the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”).

The PayPal terms of use shall apply which can be viewed at: https://www.paypal.com/ie/webapps/mpp/ua/servicedescription-full?locale.x=en_IE.

In case the Client has no PayPal account, the conditions for payments without PayPal account will apply which can be viewed at: https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US.

If the Client chooses “PayPal Express” as payment method, the Client initiates also a payment order to PayPal by clicking the button finalizing the order process. In this case, the Vendor declares his acceptance of the Client’s offer already at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.

2.5 When submitting an offer via the Vendor’s online order form, the text of the contract is stored by the Vendor after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Vendor shall not make the contract text accessible beyond this.

2.6 Prior to submitting a binding order via the Vendor’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.

The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until the Client clicks the button finalizing the ordering process.

2.7 The conclusion of the contract is only available in German or English.

2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address the Client provides for the order processing is accurate so that e-mails sent by the Vendor can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Vendor or by third parties commissioned by the Vendor with the order processing can be delivered.

3) Right to Cancel

3.1 Clients are entitled to the right to cancel.

3.2 Detailed informations about the right to cancel are provided in the Vendor’s instruction on cancellation.

3.3 The Vendor reserves the right to refuse service, for any reason, at any time.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Vendor’s product description, prices indicated are end prices. According to the German Value Added Tax Act (§ 19 UStG) we do not charge the value added tax, and consequently do not account it (small business). Delivery costs, where appropriate, will be indicated separately in the respective product description

4.2 Payment can be made using one of the methods mentioned in the Vendor’s online shop.

4.3 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal (Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

4.4 If the payment method “immediate bank transfer” is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12,80339 Munich (hereinafter referred to as “IMMEDIATE”). In order to be able to pay the invoice amount via “immediate bank transfer,” the Client must have an online banking account with the PIN/TAN method that is activated for participation in “immediate bank transfer,” the Client must have the appropriate credentials during the payment process, and the Client must confirm the payment instruction to IMMEDIATE. The payment transaction will be executed immediately afterwards and the Client’s bank account debited accordingly. Further information on the payment method “immediate bank transfer” can be called up by the Client on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.

5) Shipment and Delivery Conditions

5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Vendor’s order processing is decisive.

5.2 The dispatch of the goods will take place when the order processing is completed. WowBotanics reserves up to 10 working days as delivery period unless a longer delivery period has been agreed (e.g. due to extreme weather conditions). WowBotanics will notify the client if a delivery is delayed or if an order cannot or only partially be executed.

5.3 Should the assigned transport company return the goods to the Vendor, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if the Client has been temporarily impeded to receive the offered service, unless the Vendor has notified the Client about the service for a reasonable time in advance.

5.4 Should the Client collect the goods himself, the Vendor informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Vendor at the Vendor’s place of business. In this case shipment costs will not be charged.

6) Reservation of Proprietary Rights

If the Vendor provides advance deliveries, the Client retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

7) Warranty

7.1 Should the object of purchase be deficient, statutory provisions shall apply.

7.2 The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Vendor accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

7.3. The Client shall inform the Vendor of any significant damages immediately after the receipt of the goods via email to info@wowbotanics.com. The damage shall be documented with pictures by the Client. The Client shall provide those pictures attached to the (e-mail) message informing WowBotanics of the damage. Minor transport damages may occur and do not entitle the Client for a refund.

7.4 Plants are individual by nature and may also display imperfections. Plants that are considered healthy but display slight imperfections are not eligible for a refund unless returned to the Vendor in healthy condition.

7.5 Any plant purchased from WowBotanics shall not be removed from the original pot, soil or media for 10 days after delivery. Any changes of the aforementioned conditions could cause disturbance to the plant and, thus, will cancel any entitlement for return or refund of the plant(s).

8) Redemption of campaign vouchers

8.1 Vouchers which are issued by the Vendor free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as “campaign vouchers”) can only be redeemed in the Vendor’s online shop and only within the indicated time period.

8.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.

8.3 Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

8.4 Only one campaign voucher can be redeemed per order.

8.5 The goods value should meet at least the amount of the campaign voucher. The Vendor will not refund remaining assets.

8.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Vendor to pay the difference.

8.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.

8.8 The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.

8.9 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Vendor is entitled but not obliged to check the entitlement of the respective voucher owner.

9) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

10) Alternative dispute resolution

10.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

10.2 The Vendor is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

11) Disclaimer

The Vendor clearly states in every product description if the picture shows the exact plant the Client will purchase or if the picture is an example picture. In case of the latter, the following things need to considered: an example picture gives a trustworthy image of the plant with good care. However, it does not depict the plant the Client will receive and deviations/variations of the delivered plant are possible, e. g. concerning the number of leaves and branches.