Terms and Conditions
Article 1 – Definitions
In these terms and conditions the following definitions apply:
- Withdrawal period: the period within which the consumer may exercise the right of withdrawal.
- Consumer: a natural person who is not acting for purposes related to a trade or profession and who enters into a distance contract with the trader.
- Day: calendar day.
- Continuing contract: a distance contract for a series of products and/or services where the delivery or purchase obligation is spread over a period of time.
- Durable medium: any medium that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction.
- Right of withdrawal: the consumer's option to withdraw from the distance contract within the withdrawal period.
- Model withdrawal form: the European standard form for withdrawal provided by the trader, which the consumer can fill in to exercise the right of withdrawal.
- Trader: the natural or legal person who offers products and/or services to consumers at a distance.
- Distance contract: a contract concluded within a distance-selling system organised by the trader, using exclusively one or more means of distance communication up to and including the moment of conclusion.
- Means of distance communication: any means that can be used to conclude a contract without the consumer and trader being in the same place at the same time.
- Terms and conditions: these terms and conditions of the trader.
Article 2 – Identity of the trader
Agro Top Garden GmbH (Growdealz)
Kempener Str. 45
47669 Wachtendonk
Germany
Email: info@growdealz.com
Website: www.growdealz.com
VAT ID: DE458633527
Commercial register: Amtsgericht Kleve, HRB 20656
Managing director: Pepijn Looijaard
Article 3 – Applicability
These terms and conditions apply to every offer by the trader and to every distance contract and order between the trader and the consumer.
Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, the consumer is told before the contract is concluded that the terms can be inspected at the trader and will be sent free of charge on request.
If the distance contract is concluded electronically, the text of these terms may be made available to the consumer electronically so that it can be stored on a durable medium.
If specific product or service conditions apply in addition to these terms, the consumer may invoke whichever provision is most favourable to them in case of conflict.
If one or more provisions of these terms are wholly or partly invalid or void, the contract otherwise remains in force. The invalid provision is replaced by a provision that fulfils the original purpose as closely as possible.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this is stated explicitly in the offer.
The offer is non-binding. The trader may change or adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
All images, specifications and data in the offer are indicative only. Product images are a true representation, but the trader cannot guarantee that the colours shown exactly match the actual colours of the products.
Every offer contains all necessary information under Section 312d German Civil Code (BGB) in conjunction with Art. 246a EGBGB, in particular: the price including all taxes, any shipping costs, information on the right of withdrawal, payment and delivery terms and the minimum duration for continuing contracts.
Article 5 – The contract
The contract is concluded when the consumer accepts the offer and the related conditions are met.
If the consumer accepts the offer electronically, the trader confirms receipt of the order without delay by electronic means. The contract confirmation with all essential contract information is made available to the consumer on a durable medium at the latest upon delivery.
The trader takes suitable technical and organisational measures for secure electronic data transfer. Industry-standard security measures are used for electronic payments.
Every contract is concluded subject to the condition precedent that sufficient stock is available.
Article 6 – Right of withdrawal
The consumer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which the consumer, or a third party named by the consumer who is not the carrier, took possession of the goods (Section 355 BGB).
To exercise the right of withdrawal, the consumer must inform the trader by a clear statement (for example a letter sent by post or an email) of their decision to withdraw from this contract:
Agro Top Garden GmbH (Growdealz), Kempener Str. 45, 47669 Wachtendonk, Germany
Email: info@growdealz.com
The consumer may use the attached model withdrawal form for this, but it is not mandatory. To meet the withdrawal period, it is sufficient that the notice of exercising the right of withdrawal is sent before the withdrawal period expires.
During the withdrawal period the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to examine its nature, characteristics and functioning.
Article 7 – Consequences of withdrawal
If the consumer withdraws from this contract, the trader must reimburse all payments received from the consumer, including delivery costs (except for any additional costs resulting from the consumer choosing a type of delivery other than the least expensive standard delivery offered by the trader), without undue delay and at the latest within 14 days from the day on which the notice of withdrawal was received.
For the refund the trader uses the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise. The trader may withhold the refund until the goods have been received back or the consumer has provided proof that they have sent the goods back.
The consumer must send the goods back without undue delay and in any case within 14 days of the day on which they communicated the withdrawal to the trader. The deadline is met if the consumer sends the goods before the 14 days have expired.
The consumer bears the direct cost of returning the goods.
The consumer is only liable for any loss in value of the goods if this loss results from handling that was not necessary to examine the nature, characteristics and functioning of the goods.
Article 8 – Exclusion of the right of withdrawal
Under Section 312g(2) BGB there is no right of withdrawal for the following contracts:
- Contracts for the supply of goods that are not prefabricated and for whose production an individual choice or decision by the consumer is decisive, or that are clearly tailored to the consumer's personal needs.
- Contracts for the supply of goods that can deteriorate quickly or whose expiry date would quickly be exceeded.
- Contracts for the supply of sealed goods that are not suitable for return for health protection or hygiene reasons, if their seal was broken after delivery.
- Contracts for the supply of goods that, after delivery, have by their nature been inseparably mixed with other items.
- Contracts for the supply of audio or video recordings or computer software in a sealed package, if the seal was broken after delivery.
The trader expressly points out when the right of withdrawal is excluded for a particular offer.
Article 9 – Prices
During the validity period stated in the offer, prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates required by law.
Prices stated in offers include statutory VAT. Any shipping costs are shown separately before the order is completed.
Price increases within three months of the conclusion of the contract are only permitted if they result from legal provisions or official orders.
Price increases more than three months after the conclusion of the contract are only permitted if the law allows this and the consumer is given a special right of termination.
Obvious printing and typing errors in prices do not bind the trader.
Article 10 – Conformity and warranty
The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and fitness for use, and the legal provisions in force at the time the contract was concluded.
The statutory warranty rights under Sections 434 et seq. BGB apply. The statutory warranty period is two years from the transfer of risk.
Defects or incorrectly delivered products must be reported to the trader in writing without delay after discovery, and at the latest within two months.
The warranty does not apply if the consumer has modified or repaired the delivered products on their own, if the products have been handled improperly, or if the defect is due to damage caused by the consumer.
Article 11 – Delivery and performance
The trader will carry out accepted orders with the greatest care.
Delivery is made to the delivery address given by the consumer.
Accepted orders are carried out as quickly as possible and at the latest within 30 days, unless a different delivery period has been agreed. If delivery is not possible or is delayed, the consumer is informed no later than 30 days after receipt of the order. In that case the consumer has the right to cancel free of charge.
All delivery times are non-binding. No claims for damages can be derived from stated periods, unless the trader is responsible for exceeding the period.
In the event of a justified cancellation under paragraph 3, the trader will refund payments already made within 14 days.
The trader bears the risk of damage and/or loss of the products until they are handed over to the consumer or a person named by the consumer.
Retention of title
All goods delivered remain the property of the trader until all claims arising from the relevant delivery have been paid in full. Ownership of the delivered products passes to the customer only upon full receipt of the invoice amount.
Until ownership passes, the customer must treat goods delivered under retention of title with care and must not pledge them or transfer them to third parties as security.
If the customer is in default of payment or breaches other essential contractual obligations, the trader is entitled to demand the return of, or take back, the goods delivered under retention of title. Taking back the goods does not constitute withdrawal from the contract unless the trader expressly declares this in writing.
If goods delivered under retention of title are resold, the customer hereby assigns to the trader the resulting claims against their buyers up to the invoice value of the goods subject to retention of title. The trader accepts this assignment. The customer remains entitled until revoked to collect these claims in their own name, as long as they properly meet their payment obligations to the trader.
Article 12 – Continuing contracts: duration, termination and renewal
The consumer may terminate a continuing contract concluded for an indefinite period at any time with a notice period of no more than one month.
The consumer may terminate a fixed-term continuing contract at the end of the agreed term with a notice period of no more than one month.
A fixed-term continuing contract may not be tacitly renewed, unless the consumer is given the right to terminate the renewed contract at any time with a notice period of no more than one month.
If a contract has a term of more than one year, the consumer may terminate it at any time after the first year with one month's notice.
Article 13 – Payment
Unless agreed otherwise, amounts owed by the consumer must be paid within seven days of the start of the withdrawal period. For service contracts this period starts upon receipt of the contract confirmation.
The consumer must report inaccuracies in payment details without delay.
In the event of late payment, the trader is entitled to charge statutory default interest under Section 288 BGB and reasonable reminder costs, provided these were communicated in advance.
Article 14 – Complaints procedure
The trader has a transparent complaints procedure and handles complaints in accordance with it.
Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within two months of discovering the defect, at: info@growdealz.com.
Complaints submitted to the trader are answered within 14 days of receipt. If a complaint requires a longer processing time, the consumer receives an acknowledgement of receipt within 14 days stating when a more detailed answer can be expected.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 German Consumer Dispute Resolution Act – VSBG).
Voluntary complaint mediation via WebwinkelKeur: if a complaint cannot be resolved together, the consumer may additionally turn to WebwinkelKeur (www.webwinkelkeur.nl), of which GrowDealz is a member. This mediation is free of charge and voluntary for the consumer. Membership can be checked at https://www.webwinkelkeur.nl/ledenlijst/. The outcome of the mediation is not binding on the consumer; the consumer always retains the right to bring the dispute before the competent ordinary court.
Article 15 – Dispute resolution and applicable law
German law applies to contracts between the trader and the consumer to which these terms and conditions apply.
If the consumer has their habitual residence in Germany, the mandatory consumer protection provisions of German law always apply regardless of the choice of law, in particular the BGB provisions on distance contracts (Sections 312 et seq. BGB) and on the sale of consumer goods (Sections 474 et seq. BGB).
The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Article 16 – Additional or deviating provisions
Additional provisions or provisions that deviate from these terms and conditions must not be to the consumer's disadvantage and must be recorded in writing or made available in a way that allows the consumer to store them on a durable medium.
