General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract, correction options
The purchase contract is concluded with TDJ Stadtgärtner GmbH.
By placing the products in our online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in your 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 a confirmation email.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German
We save 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 online.
4. Subject matter of the contract
4.1 Product description
Attention is drawn to the validity of the respective product description as 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 features. If you have any questions, please contact us:
Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actual product colors are possible.
Natural variations in grain, structure and color of the wood are possible with wood products .
5. Delivery conditions
Delivery options
We ship the products to the delivery address specified during the ordering process.
We only ship by mail. Unfortunately, pickup is not possible.
6. Payment
6.1 Prices
The prices stated at the time of the order apply. These are total prices and include VAT.
6.2 Payment methods
The following payment methods are generally available in our shop.
credit card
During the ordering process, you enter your credit card details. Your card will be charged immediately after you place your order.
Apple Pay
To pay the invoice amount via 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 feature, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed immediately after placing the order. Further information will be provided during the ordering process.
Google Pay
To pay the invoice amount via 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 with your login details, and confirm the payment instruction. The payment transaction will be processed immediately after placing the order. Further information will be provided 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 only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found with the respective payment option and during the ordering process.
Purchase on account via Klarna
The invoice amount is due after dispatch of the goods and receipt of the invoice.
Klarna may offer additional payment methods in the customer account to registered Klarna customers selected according to its own criteria. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with Klarna. Further information on this can be found in your Klarna account.
Klarna direct debit
You authorize Klarna to pay by SEPA direct debit. Klarna will inform you of the date your account will be debited (so-called prenotification). The account will be debited after the goods are shipped.
PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed by PayPal immediately after you place your order. Further information will be provided during the ordering process.
PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with PayPal. Further information on this can be found in your PayPal account.
7. Right of withdrawal
You have the statutory right of withdrawal as described in the cancellation policy .
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the freight carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have handed over the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment.
9. Warranty and Guarantees
9.1 Liability for defects
The statutory liability for defects applies.
9.2 Guarantees and customer service
Information on any additional warranties that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and objections by email at hallo@diestadtgaertner.de.
10. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the damage foreseeable at the time the contract was concluded and which must typically be expected to occur.
Otherwise, claims for damages are excluded.
11. Code of Conduct
We have submitted ourselves to 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 using the Trusted Shops AG Buyer Protection. Trusted Shops also offers paid protection together with a guarantor. The Trusted Shops Buyer Protection Terms and Conditions apply; you can find them here . Buyer Protection is activated by clicking on the corresponding button on the so-called Trustcard, which appears as a pop-up on the order thank you page after you have placed an order. If you are already registered for Buyer Protection, your order will be automatically protected (automatic Buyer Protection) without you having to click the button. In order 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 using the Trustcard as described above. Information on data protection at Trusted Shops is attached to the buyer protection conditions linked above.
13. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here . Consumers have the opportunity to use this platform to resolve their disputes.
To resolve disputes arising from a contractual relationship with a consumer, or regarding whether such a contractual relationship even exists, we are obligated to participate in dispute resolution proceedings before a consumer arbitration board. The responsible body is the Federal Universal Arbitration Board at the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/ . We will participate in dispute resolution proceedings before this board.
14. Final provisions
If you are an entrepreneur, German law applies, 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 (HGB), 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 you and us is our registered office.
Should individual clauses of these Terms and Conditions be invalid in whole or in part, the remainder of the contract shall remain valid. To the extent that individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.