Terms and Conditions

General Terms and Conditions

1. Scope of application

The following General Terms and Conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the course of their commercial or self-employed professional activity.

The following applies to business customers: If the business customer uses conflicting or supplementary General Terms and Conditions, their application is hereby rejected; they will become part of the contract only if we have expressly agreed to them.

2. Contracting party, conclusion of the contract, correction options

The purchase contract is concluded with TDJ Stadtgärtner GmbH.

By listing the products in the online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.

3. Contract language, storage of the contract text

The language(s) available for concluding the contract: German

We store the contract text and send you the order details and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the internet.

4. Subject matter of the contract

4.1 Product description

Please note that the respective product description forms an essential part of the contract.

4.2 Product images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special characteristics. If you are unsure, please contact us:

Due to individual screen settings (e.g., resolution and brightness), slight differences between the displayed and actual product colors are possible.

For wooden products, natural variations in the wood's grain, structure, and color are possible.

5. Delivery terms

 Delivery options

We ship the products to the delivery address specified during the ordering process.

We deliver only by shipping. Unfortunately, it is not possible to collect the goods in person.

6. Payment

6.1  Prices

The prices stated at the time of ordering apply. These are total prices and include statutory VAT.

6.2 Payment methods

The following payment methods are generally available in our shop.

Credit card
During the ordering process, you provide your credit card details. Your card will be charged immediately after you place the order.

Apple Pay
To pay the invoice amount through the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself using your login details, and confirm the payment instruction. The payment transaction will be processed immediately after you place the order. Further information is available during the ordering process.

Google Pay
To pay the invoice amount through the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay function, authenticate yourself using your login details, and confirm the payment instruction. The payment transaction will be processed immediately after you place the order. Further information is available during the ordering process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Payment via Klarna is available only to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is available for the respective payment option and during the ordering process.

Purchase on account via Klarna
The invoice amount is due after the goods have been shipped and the invoice has been received.

Klarna may offer registered Klarna customers selected according to its own criteria additional payment methods in their customer account. However, we have no influence over the availability of these methods; any additional payment methods offered individually concern your legal relationship with Klarna. Further information can be found in your Klarna account.

Klarna direct debit
You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the date on which your account will be debited (known as prenotification). Your account will be debited after the goods have been shipped.

PayPal, PayPal Express
To pay the invoice amount through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself using your login details, and confirm the payment instruction. PayPal will process the payment transaction immediately after you place the order. Further information is available during the ordering process.

PayPal may offer registered PayPal customers selected according to its own criteria additional payment methods in their customer account. However, we have no influence over the offering of these payment methods; any additional payment methods offered individually concern your legal relationship with PayPal. Further information can be found in your PayPal account.

7. Right of Withdrawal

You have the statutory right of withdrawal as described in the Withdrawal Instructions.

8. Transport Damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery person as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us assert our own claims against the carrier or transport insurance.

The following applies to businesses: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment.

9. Warranty and Guarantees

9.1 Statutory liability for defects

The statutory liability for defects applies.

9.2 Guarantees and Customer Service

Information on any additional guarantees that may apply and their precise conditions can be found with the respective product and on special information pages in the online shop.

Customer service: You can contact our customer service by email at hallo@diestadtgaertner.de with questions, complaints and claims.

10. Liability

We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health,
• in the case of intentional or grossly negligent breach of duty,
• in the case of guarantees, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfillment of which is essential for the proper performance of the contract in the first place and on compliance with which the contractual partner may regularly rely (cardinal obligations), caused by slight negligence on our part or on the part of our legal representatives or vicarious agents, liability is limited in amount to the foreseeable damage at the time of concluding the contract that typically must be expected to arise.
All other claims for damages are excluded.

11. Code of Conduct

We have agreed to be bound by the following codes of conduct:

• Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

12. Agreement on the Use of Trusted Shops Buyer Protection

You can protect orders placed with us free of charge up to an order value of 100 euros through Trusted Shops AG's buyer protection. In addition, Trusted Shops offers paid protection together with a guarantee provider. The Trusted Shops Buyer Protection Terms apply, which you can find here . Buyer protection is concluded by clicking the appropriately labeled button on the so-called Trustcard, which appears as a pop-up on the order confirmation page after an order has been completed. If you are already registered for buyer protection, your order will be automatically protected (automatic buyer protection) without you having to click the button. To offer you (automatic) buyer protection, the Trustcard must access order data stored in your browser's cache. For this purpose, a hash value of your email address, as well as the order number and order total, are transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be automatically protected. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the Buyer Protection Terms linked above.

13. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here. Consumers have the option of using this platform to settle their disputes.
To settle disputes arising from a contractual relationship with a consumer, or concerning whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the Universalschlichtungsstelle des Bundes at Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/. We will participate in dispute resolution proceedings before this body.

14. Final provisions

If you are an entrepreneur, German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.

Should individual provisions of these General Terms and Conditions be wholly or partially invalid, the remainder of the contract shall remain valid. Where individual provisions are invalid, the content of the contract shall be governed by the statutory provisions.