General terms and conditions of sale

Scope of application

These terms and conditions apply to all purchases made from Andrea Vosikova by private customers. You can scroll down to find the terms and conditions applying to all purchases made from Chelsea Sharp by private customers.

Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, as far as the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.

Business customers are requested to place orders on the order pages.

 

Conclusion of contract

The presentation of our goods and the granting of the opportunity to place an order constitutes a concrete offer on our part to conclude a purchase contract.

By placing an order, you accept the offer and the purchase contract is concluded.

You will receive an order confirmation by e-mail to the e-mail address you provided.

 

Prices and shipping costs

The prices shown are final prices including VAT. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of revocation  If you exercise your right of withdrawal, we will also refund the shipping costs.

 

Payment

Payment is made upon delivery by

– direct debit

– prepayment

– invoice

 

Default of payment

If you are in default of payment, Andrea Vosikova is entitled to charge default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Andrea Vosikova can prove a higher damage caused by default, Andrea Vosikova is entitled to claim this damage.

 

Right of retention

The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

 

Delivery

(1) Delivery is made to the delivery address given by the customer, within

– Germany

(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, Andrea Vosikova’s obligation to perform is excluded. Already paid amounts will be refunded by Andrea Vosikova immediately.

(3) Andrea Vosikova is also entitled to refuse the service, as far as this requires an effort, which is grossly disproportionate to the customer’s interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the dictates of good faith. Already paid amounts will be refunded by Andrea Vosikova immediately.

(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by a forwarding agency. Andrea Vosikova explicitly points out that these goods will not be carried into the house.

 

Favorable shipping method for returns

(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged due to an opening for functional testing.

(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods for the return. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be obligated to pay us the increased cost compared to a less expensive shipping method.

 

Retention of title

Until full settlement of all claims against the customer arising from the purchase contract, the delivered goods remain the property of Andrea Vosikova. As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.

 

Defect Rights

(1) Andrea Vosikova will, at the customer’s option and at Andrea Vosikova’s expense, replace a product that is already defective upon delivery (warranty case) with a defect-free product or have it professionally repaired (supplementary performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:

a)in the case of damage caused to the customer by misuse or improper use,

b)in the case of damage caused by the fact that the products have been exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, moisture, abnormal weather conditions, etc.).

(2) Andrea Vosikova further does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.

(3) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer – the customer’s claim is limited to the respective other type of supplementary performance. The right of Andrea Vosikova to refuse also this other kind of supplementary performance under the aforementioned condition remains unaffected.

(4) In case of repair as well as in case of replacement, the customer is obliged to send the product at Andrea Vosikova’s expense to the return address given by Andrea Vosikova, stating the order number. Before sending the product, the customer has to remove any objects inserted by him from the product. Andrea Vosikova is not obligated to inspect the product for the insertion of such items. Andrea Vosikova shall not be liable for the loss of such items, unless it was readily apparent to Andrea Vosikova at the time the product was returned that such an item had been inserted into the product (in which case Andrea Vosikova shall inform the customer and hold the item ready for collection by the customer; the customer shall bear the costs incurred in doing so). In addition, before sending a product for repair or replacement, the customer shall, if necessary, make separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, the customer shall be responsible for installing the software and data and reactivating the passwords.

(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for the value shall not apply to the return of a defective product in the case of warranty,

a)if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodeling,

b)if Andrea Vosikova is responsible for the deterioration or loss or if the damage would have occurred at Andrea Vosikova as well,

c)if the deterioration or loss has occurred at the customer’s, although the customer has taken the care he is accustomed to take in his own affairs.

(6) The customer’s liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible shall be governed by the statutory provisions.

(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.

(8) In addition, claims against the manufacturer may also exist within the framework of a warranty granted by the manufacturer, which are governed by the corresponding warranty conditions.

(9) The legal warranty of Andrea Vosikova ends two years after delivery of the goods. The period begins with the receipt of the goods.

 

Liability

(1) In case of slight negligence Andrea Vosikova is only liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury to life, body and health. Andrea Vosikova is not liable for other damages caused by slight negligence due to a defect of the object of purchase.

(2) Regardless of Andrea Vosikova’s fault, Andrea Vosikova’s liability remains unaffected in case of fraudulent concealment of the defect or from the assumption of a guarantee. The manufacturer’s warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by Andrea Vosikova.

 

(3) Andrea Vosikova is also responsible for the impossibility of delivery occurring by chance during her delay, unless the damage would also have occurred in case of timely delivery.

(4) Personal liability of Andrea Vosikova’s legal representatives, vicarious agents and employees for damages caused by them due to slight negligence is excluded.

 

Applicable law

The contract concluded between you and Andrea Vosikova is exclusively governed by the laws of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.

 

Place of jurisdiction

If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you move your place of residence abroad after concluding the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be [the registered office of the operator of the online store].

 

Dispute resolution

General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final Provisions

(1) Should individual provisions of this Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of the Agreement, provided that one of the contracting parties is not unreasonably disadvantaged thereby.

(2) Amendments or supplements to this contract must be made in writing.

 

 

Cancellation policy

 

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

 

Right of withdrawal

 

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must inform us (Ms. Vosikova, Skandinavische Straße 4a, 10317 Berlin, phone number: 017636385991 , e-mail address: vosikova@sohamseeds.com) by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. You can also fill out and submit the model cancellation form or another clear declaration electronically on our website http://sohamseeds.com/agb. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail). To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

 

Consequences of the revocation

 

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

 

Exclusion or premature expiry of the right of withdrawal

 

The right of withdrawal does not apply to contracts

 

– for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

– for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;

– for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence;

– for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

 

The right of withdrawal expires prematurely in the case of contracts

 

– for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;

– for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;

– for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.

 

 

 

 

 

    Sample cancellation form

 

 

 

    (If you want to cancel the contract, please fill out this form and send it back).

 

    To

    Mrs.

    Andrea Vosikova

    Scandinavian Street 4a

    10317 Berlin

 

    E-mail address: vosikova@sohamseeds.com

 

    – I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)

 

    – Ordered on (*)/received on (*)

 

    – Name of the consumer(s)

 

    – Address of the consumer(s)

 

    – Signature of the consumer(s) (only in case of paper communication)

 

    – Date

    —————————————

    (*) Delete where not applicable.

 

    Source: www.ra-plutte.de/widerrufsbelehrung-generator/