Terms and conditions
§1 General / Scope
For the business relationship between the Bonsaischule Wenddorf and the customer (purchaser of goods), the following general terms and conditions apply exclusively in the version available on the Internet at the time of purchase (for an online order at the time of the order), unless otherwise expressly agreed in writing in individual cases is. Oral side agreements or verbal assurances are not legally effective. They must be in writing to be legally effective.
These terms and conditions are part of all delivery contracts, agreements and offers. They are considered recognized at the latest when the order is placed or the delivery is accepted. They also apply to all future business without being expressly agreed with the buyer again.
We expressly contradict purchase or order conditions or other general terms and conditions that deviate from, conflict with, or supplement our sales and delivery conditions; even if these other conditions are known, they will not become part of the contract unless we have expressly agreed to their validity in writing.
Should individual provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining clauses.
The general terms and conditions of the Bonsaischule Wenddorf only apply to shipping within the Federal Republic of Germany and on-site sales in Wenddorf. The law of the Federal Republic of Germany applies, unless overriding law takes precedence.
Consumers within the meaning of these terms and conditions are natural persons with whom a business relationship is entered into, without a commercial or independent professional activity being attributable to them.
Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or legal partnerships with whom a business relationship is entered into and who act in the exercise of a commercial or independent professional activity.
Customers in the sense of these terms and conditions are both consumers and entrepreneurs.
§2 contract conclusion and withdrawal
The customer orders goods from the Bonsaischule Wenddorf by online shopping on the Internet or buys these goods on site in Wenddorf.
If the consumer orders the goods electronically, we will immediately confirm receipt of the order. The confirmation of receipt does not yet represent a binding acceptance of the order. The confirmation of receipt can be combined with a declaration of acceptance.
If the customer orders the goods electronically, the text of the contract will be sent to the customer by email.
The Bonsaischule Wenddorf undertakes to carry out the order under the conditions of the website, provided that the order is limited to quantities that are customary in households.
The Bonsaischule Wenddorf is entitled to withdraw from the contract in the event of typing, printing or calculation errors on the website or storage errors.
§3 prices / order / purchase
The prices in the online shop of the Bonsaischule Wenddorf are subject to change, non-binding and only valid as long as they are published on the Internet. Our prices include the statutory value added tax, which is shown separately. All prices (price of the goods plus the price for transport) apply from Wenddorf.
Customers can place their orders online in our online shop. The order is a binding offer. We can accept this offer within 1 week with a written order confirmation (usually by email). Alternatively, customers can also buy the goods on offer in our business premises in Wenddorf during our opening times.
Orders for goods in the online shop require our written confirmation to be legally valid. This is done automatically via a confirmation email when you place an order on the Internet.
§4 Delivery
Unless otherwise agreed, delivery is made from the Wenddorf warehouse to the address specified by the customer or the separately specified delivery address. Alternatively, ordered goods can also be picked up on site in Wenddorf.
The risk passes to the customer as soon as the order has been picked up by the customer at the on-site sales point in Wenddorf or the delivery from the Wenddorf bonsai school has been handed over to the sender, even if partial deliveries are made. This applies particularly to damage to the goods but also to the packaging. At the customer's written request (also email), we will insure the delivery on his behalf and on his account.
If the buyer is a consumer, the risk of accidental loss or accidental deterioration of the goods sold does not pass to the buyer until the goods are handed over.
The delivery times stated in the shop are non-binding, unless they are expressly marked as binding.
If it is impossible to deliver the corresponding number of the items you have ordered at an agreed time, you will receive a partial quantity if possible.
Unless otherwise agreed, shipments to us must always be cleared. If the customer has a claim not to have to pay for the transport, he will be reimbursed his expenses once this claim has been established.
§5 Warranty for defects and liability
If there is a defect in the purchased item for which the Bonsaischule Wenddorf is responsible, the Bonsaischule Wenddorf is entitled to either remedy the defect or make a replacement delivery.
If the Bonsaischule Wenddorf is not ready or unable to remedy the defect or a replacement delivery, or if this is delayed beyond a reasonable period for reasons for which the Bonsaischule Wenddorf is responsible, or if the removal of defects or replacement delivery fails in any other way, the customer is at his discretion entitled to withdraw from the contract or to demand a corresponding reduction in the purchase price.
Entrepreneurs must notify us in writing of obvious defects within a period of 1 week from receipt of the goods. Otherwise the assertion of the warranty claim is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notification of defects.
Consumers must inform us in writing of obvious defects within a period of two weeks after the time at which the non-contractual condition of the goods was determined. The receipt of the notification by us is decisive for compliance with the deadline. If the consumer fails to provide this information, warranty rights expire two weeks after the defect has been discovered. The burden of proof for the point in time at which the defect was discovered lies with the consumer.
If the consumer was persuaded to purchase the item by incorrect statements in the prospectus, he shall bear the burden of proof.
If a living plant is a purchased item, the customer has the burden of proof in the event of death, infestation with pests or any other disease of the plant that these facts are not due to improper treatment of the plant after its delivery.
Unless otherwise stated below, further claims by the customer - for whatever legal reasons - are excluded.
The Bonsaischule Wenddorf is therefore not liable for damage that has not occurred to the delivery item itself. In particular, it is not liable for lost profit or other financial losses suffered by the customer. As far as the liability of the Bonsaischule Wenddorf is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
Any liability is limited to the foreseeable damage when the contract was concluded.
The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence. Furthermore, it does not apply if the customer asserts claims from §§ 1, 4 of the Product Liability Act, claims due to the lack of a warranted property or claims for damages due to non-performance in accordance with §§ 463, 480 Paragraph 2 BGB.
If the Bonsaischule Wenddorf negligently violates an essential contractual obligation, the obligation to pay compensation for damage to property or personal injury is limited to the damage that typically occurs.
Slight deviations from the object of purchase in terms of quality, color, shape do not constitute a defect, provided that they are customary in the trade and are reasonable for the customer.
The Bonsaischule Wenddorf does not give a germination guarantee for seeds or a growth guarantee for young plants.
A guarantee for the species authenticity of perennial plants is provided up to the amount of the respective invoice amount. A species inaccuracy must be reported in writing within 2 weeks.
The Bonsaischule Wenddorf does not accept any liability for the content of the Bonsaischule-Wenddorf.de website. Liability claims against the Bonsaischule Wenddorf relating to damage of any kind that could be caused by the use or non-use of the information provided or by the use of incorrect information are excluded in principle. The Bonsaischule Wenddorf expressly reserves the right to modify the contributions in whole or in part or to remove them from the server in whole or in part.
Information and instructions, in particular bonsai care instructions, are given to the best of our knowledge, but without guarantee for the correctness and harmlessness of the processes, methods and products used.
We try to respect the copyrights of the material used for all our websites. However, if there is material on our website that is protected by third-party copyright but has not been identified as such, the third-party copyright could not be determined. In the event of such an unintentional infringement of third-party copyrights, we will remove the offending material from our website after notification or, if requested, mark it with a copyright notice.
Should fee claims be made due to an unintentional infringement of copyright, the amount of this fee is based on the fee rates that we usually pay for related contributions.
§6 Prices, due date and payment, default, retention of title
All prices apply from the point of sale without packaging and transport in euros plus sales tax. If the plants are selected personally in our company, list prices are not valid.
The purchase price is due for payment immediately upon receipt without any deduction. In no case will a discount be granted.
If the customer is in default of payment, the Bonsaischule Wenddorf is entitled to demand default interest of 4% p.a. above the base rate announced by the Deutsche Bundesbank. If the payment deadline is exceeded by more than 7 days, interest on arrears will be charged without the need for a special reminder to the buyer.
If costs and interest have already arisen, we are entitled to offset the payment first against the costs, then against the interest and finally against the main service. A payment is only considered to have been made when we can dispose of the amount.
§7 Retention of title
In contracts with consumers, we reserve title to the goods until the purchase price has been paid in full.
In contracts with entrepreneurs, we reserve ownership of the goods until all claims from an ongoing business relationship, including ancillary claims, have been settled in full. The retention of title also remains if some of our claims are included in a current invoice and the balance has been drawn and recognized.
In the case of plants, our ownership of the reserved goods is not lost if the entrepreneur, as the buyer, stores the plants supplied on his or someone else's property until they are resold. The goods subject to retention of title must be stored separately from other plants and must be labeled in such a way that they can be recognized as coming from us.
The customer is obliged to treat the reserved goods with care and free of charge. These include in particular proper storage, planting, fertilization and irrigation.
We are entitled to withdraw from the contract and reclaim the goods if the customer acts in breach of contract, in particular in the event of default in payment.
The entrepreneur is entitled to resell the goods in the ordinary course of business. The entrepreneur hereby assigns to us the claims to which the buyer is entitled from the resale, including all ancillary rights and including any balance claims. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.
§8 Offsetting, retention
The consumer is only entitled to offset if his counterclaims have been legally established or recognized by the Bonsaischule Wenddorf. In addition, he is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
In commercial legal transactions, the exercise of a right to refuse performance or a right of retention on the part of our business customers is excluded.
§9 Illustrations, samples and dimensions
The samples shown in the online shop of the Bonsaischule Wenddorf show goods of average quality. Not all goods have to correspond to the sample in every detail.
Illustrations, dimensions, weights or other performance data published in the online shop of the Bonsaischule Wenddorf are only binding if this has been expressly agreed in writing. Height, length, width and diameter dimensions are only approximate, with slight deviations permitted.
The images have been carefully selected by us and essentially correspond to the products on offer. In individual cases, however, there can still be significant differences between the product image and the goods delivered. This is especially true for all plants as well as for a number of ceramic products.
The images are an aid to selecting the goods. The buyer has no claim to the identity of the delivered goods with the images. The illustrations are only illustrative.
§10 Place of jurisdiction and applicable law
In the event of differences of opinion and legal disputes, German law applies exclusively.