Terms and Conditions of SEEDOR GmbH
1.1. The following contractual provisions (GTC) apply to everything via the online shop SEEDORGmbH, Carl-Zeiss-Straße 5, 70736 Fellbach (hereinafter: SELLER) under the domain www.seedor.io concluded contracts with the customer (hereinafter: CUSTOMER).
1.2. These GTC contain special regulations for customers who are entrepreneurs within the meaning of § 14 BGB (hereinafter: ENTREPRENEURS). These special clauses for business transactions are characterized by an explicit reference to ENTREPRENEURS and do not apply to transactions with consumers within the meaning of § 13 BGB.
1.3. The SELLER does not recognize any deviating general terms and conditions of the customer, unless the SELLER has expressly agreed to them in writing.
2. Conclusion of contract
2.1. The CUSTOMER can place the desired items in the shopping cart by clicking on the corresponding button and then initiate the ordering process by clicking on the shopping cart. During the ordering process, the CUSTOMER must enter the necessary contact data for shipping and payment and complete the order by clicking the "Buy" button.
2.2. The CUSTOMER can correct input errors, in particular items placed in the shopping cart by mistake, by entering the desired quantity in the shopping cart and using the available buttons. In the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the "forward" and "back" buttons of the browser.
2.3. The presentation of the products in the SELLER's online shop represents a non-binding invitation to the CUSTOMER to place an order. By placing an order, the CUSTOMER makes a binding offer to conclude a contract for the items contained in the shopping cart. The SELLER will automatically confirm receipt of the order immediately by e-mail. The contractual relationship comes about through this automated order confirmation.
2.4. The purchase contract is concluded with the SEEDOR GmbH, Carl-Zeiss-Straße 5, 70736 Fellbach.
2.5. Contract language is German.
3. Storage of contract text
The text of the contract is saved by the SELLER. The order data will be sent to the CUSTOMER separately in text form (e-mail). The General Terms and Conditions can also be accessed and printed out in the online shop.
4. Right of Withdrawal
In principle, consumers are entitled to a statutory right of withdrawal. The legal regulations for any existing right of cancellation are contained exclusively in the cancellation policy, which is available to the CUSTOMER as part of the ordering process.
5. Prices and shipping costs
5.1. The prices valid on the day of the order apply, as displayed in the online shop.
5.2. The prices displayed in the online shop are given in euros and include the statutory value added tax.
5.3. The prices displayed in the online shop do not include shipping costs for packaging and postage. The shipping costs are calculated dynamically within the ordering process and displayed in the shopping cart overview before the order is placed
5.4. From an order value of 90 euros, shipping within Germany is free of charge.
5.5. For all orders/deliveries abroad, a flat-rate shipping fee will be charged in accordance with the shipping cost table available in the online shop. The flat-rate shipping costs for international shipping can also be seen in the shopping cart before the order is sent.
5.6. In individual cases, additional taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) may have to be paid by the CUSTOMER in the case of cross-border deliveries.
6. Terms of Payment
6.1. The SELLER only accepts the payment methods offered during the ordering process in the online shop. The CUSTOMER selects the preferred payment method from the available payment methods.
6.2. If a delivery is made against advance payment by bank transfer, the CUSTOMER must transfer the payment of the purchase price plus any delivery and shipping costs to the seller before delivery. The delivery takes place after receipt of the full invoice amount on the SELLER's account.
6.3. If delivery is made against invoice, the net purchase price (without deductions) is due for payment immediately, at the latest within 7 days of the invoice date or after receipt of the goods. The legal regulations regarding the consequences of default in payment apply.
6.4. If payment is made via PayPal, the CUSTOMER must have a PayPal account and identify themselves with their access data. The CUSTOMER must then go through the PayPal payment process and confirm the payment to the SELLER.
6.5. CUSTOMERS who are ENTREPRENEURS within the meaning of § 14 BGB are only entitled to offsetting rights if the counterclaims have been legally established, are undisputed or recognized by the SELLER or the conflicting claims are based on the same legal relationship. This ban on offsetting does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code.
7. Delivery and Dispatch Terms - Information for calculating the delivery date
7.1. Unless otherwise agreed with the CUSTOMER, the goods will be delivered by post (parcel, parcel, letter, forwarding agency, etc.) to the delivery address specified by the CUSTOMER in the order.
7.2. The delivery time is specified separately for the respective item or in the product description on the item page.
7.3. The delivery time specified on the item page begins with payment in advance on the working day after the CUSTOMER has sent the payment order to the transferring bank, or with all other payment methods on the working day after the day the contract is concluded.
7.4. In the case of deliveries to entrepreneurs, the risk of accidental loss and accidental deterioration of the item sold passes to a suitable transport person when the goods are handed over to them or to a person authorized to receive them, in the case of mail-order sales already when the goods are delivered to a suitable transport person. In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the item sold is transferred to the consumer in accordance with § 446 BGB when the goods are handed over to the consumer. With regard to the assumption of risk, it is the same as handover if the CUSTOMER is in default of acceptance.
7.5. Orders and deliveries are only offered in and to Germany and to the countries specified in the online shop and/or in the table of shipping costs.
7.6. In the event of delays in delivery, the SELLER will inform the CUSTOMER immediately.
7.7. If the carrier sends the purchased item back to the SELLER because it was not possible to deliver it to the CUSTOMER, the CUSTOMER shall bear the costs of sending it again. This does not apply if the CUSTOMER has exercised a possible right of withdrawal parallel to the refused acceptance or if he is not responsible for the circumstance that led to the impossibility of delivery or if the CUSTOMER was temporarily prevented from accepting the service offered , unless the SELLER had given him adequate advance notice of the performance.
8. Retention of Title
8.1. The SELLER retains title to the items sold until the purchase price has been paid in full.
8.2. The goods subject to retention of title may not be pledged to third parties or assigned as security by the CUSTOMER before full payment of the secured claims. The CUSTOMER must inform the SELLER immediately in writing if and to the extent that third parties gain access to the SELLER's goods.
8.3. If the CUSTOMER breaches the contract, in particular if the purchase price due is not paid, the SELLER is entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of the retention of title and withdrawal. If the CUSTOMER does not pay the purchase price due, the SELLER may only assert these rights if the CUSTOMER was previously unsuccessfully set a reasonable deadline for payment or setting such a deadline is unnecessary under the statutory provisions.
9. Warranty/liability for defects/duty to give notice of defects
9.1. The rights in the event of defects in the purchased item are based on the statutory provisions.
9.2. Claims for defects by ENTREPRENEURS who are merchants within the meaning of the German Commercial Code (HGB) presuppose that they have properly complied with their obligation to examine and give notice of defects within 14 calendar days of receipt of the goods in text form under Section 377 HGB. This obligation to give notice of defects does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code.
9.3. The limitation period for claims for defects by COMPANIES is 12 months, calculated from the transfer of risk to the COMPANY. This shortening of the warranty obligation does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code.
10.1. The CUSTOMER's claims for damages or reimbursement of futile expenses against the SELLER are based on these provisions outside of warranty law, regardless of the legal nature of the claim.
10.2. The SELLER's liability is excluded - for whatever legal reason - unless the cause of the damage is based on intent and/or gross negligence on the part of the SELLER, its employees, its representatives or its vicarious agents. Insofar as the SELLER's liability is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents of the SELLER. The liability of the SELLER under the Product Liability Act remains unaffected (§ 14 ProdHG).
10.3. The SELLER is liable in accordance with the statutory provisions for damage resulting from injury to life, limb or health which is based on an intentional, grossly negligent or negligent breach of duty by the SELLER or a legal representative or vicarious agent of the SELLER.
10.4. If the SELLER breaches an essential contractual obligation, i.e. an obligation whose compliance is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), at least negligently, liability for the typically occurring damage, i.e. for such damage, is limited to the time it occurs typically has to be calculated within the framework of the contract. An essential contractual or cardinal obligation in the aforementioned sense is one the fulfillment of which is essential for the proper execution of this contract and on the observance of which the CUSTOMER regularly relies and may rely.
11. Data Storage and Privacy
The data protection regulations of the data protection declaration on the website www.seedor.io apply exclusively
12. Distribution of Products
The following applies to COMPANIES: With regard to the distribution of our products, the depositary is not permitted to use a different name or to engage a third-party company for which authorization(SEEDOR GmbH, Carl-Zeiss-Straße 5, 70736 Fellbach, e-mail: hello[at]seedor.io) has not been granted.
13. Final Provisions
13.1. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
13.2. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
13.3. If the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising from this contract is the SELLER's place of business in 70736 Fellbach.
13.4. The same applies if the CUSTOMER is an entrepreneur and does not have a general place of jurisdiction in Germany or if their domicile or habitual abode is not known at the time the action is filed. The authority of the SELLER to appeal to the court at another legal place of jurisdiction remains unaffected.