Terms of service

Table of contents:

Scope of application

Conclusion of contract Right of withdrawal

Prices and payment conditions

Delivery and shipping conditions

Retention of title

Warranty for defects

Applicable law

Alternative dispute resolution

  1. Scope of application 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Tobias Haake, trading as "Wurzelwerkzeug Tobias Haake" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

  1. Conclusion of contract 2.1 The product descriptions contained in the online shop of the Seller do not constitute binding offers by the Seller, but rather serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. The Customer can also submit the offer by e-mail to the Seller.

2.3 The Seller can accept the offer of the Customer within five days by

  • sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
  • delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
  • requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the offer of the Customer within the aforementioned period, this shall be deemed a rejection of the offer with the result that the Customer is no longer bound by his declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by a payment method offered by PayPal, the Seller already declares the acceptance of the Customer's offer at the time when the Customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the text of the contract is stored by the seller after the conclusion of the contract and is sent to the customer in text form (e.g. email, fax or letter) after the customer has sent their order. The seller does not provide any further access to the contract text. If the customer has set up a user account in the seller's online shop before sending their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account, by providing the corresponding login data.

2.6 Before submitting a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct their inputs during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses SPAM filters, they must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

  1. Right of withdrawal 3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

  1. Prices and payment conditions 4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

4.3 If payment in advance by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If a payment method offered through the payment service "Shopify Payments" is selected, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use additional payment services to process payments, which may be subject to special payment conditions that the customer may be separately notified of. Further information on "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-de.

4.5 If the payment method "invoice purchase" is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to offer the payment method "invoice purchase" only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction in their payment information in the online shop. The seller also reserves the right to conduct a credit check when the payment method "invoice purchase" is selected and to refuse this payment method in case of a negative credit check.

  1. Delivery and Shipping Conditions 5.1 If the seller offers shipping of the goods, delivery will be made to the delivery address provided by the customer within the delivery area specified by the seller, unless otherwise agreed. The delivery address provided during the ordering process by the seller shall be authoritative for the transaction.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs of the initial shipment if the customer effectively exercises his right of revocation. In the case of effective exercise of the right of revocation by the customer, the provisions made in the seller's revocation policy regarding the return costs shall apply.

5.3 If the customer acts as a business, the risk of accidental loss or deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the item to the carrier, freight forwarder or other person or institution designated to carry out shipment. If the customer acts as a consumer, the risk of accidental loss or deterioration of the goods sold shall generally only pass to the customer or a person authorized to receive them upon delivery of the goods. However, the risk of accidental loss or deterioration of the goods sold shall also pass to the customer in the case of consumers as soon as the seller has delivered the item to the carrier, freight forwarder or other person or institution designated to carry out shipment, if the customer has instructed the carrier, freight forwarder or other person or institution designated to carry out shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due care. The seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and any consideration already paid shall be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

  1. Reservation of ownership If the seller makes a prepayment, they reserve ownership of the delivered goods until the full payment of the owed purchase price.

  2. Warranty 7.1 Unless otherwise stated in the following provisions, the provisions of statutory warranty apply. In the case of contracts for the supply of goods, the following applies:

7.2 If the customer acts as a business, the seller has the choice of the type of subsequent performance; the limitation period for defects in new goods is one year from delivery of the goods; rights and claims for defects in used goods are excluded; the limitation period does not start again if a replacement delivery is made as part of the warranty. 7.3 The liability limitations and time limits set forth above do not apply to claims for damages and reimbursement of expenses by the customer; in the event that the seller fraudulently conceals a defect; for goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness; for any obligation of the seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements. 7.4 Furthermore, for businesses, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.5 If the customer is a merchant within the meaning of § 1 of the German Commercial Code (HGB), the customer is subject to the commercial inspection and complaint obligations under § 377 of the HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed approved.

7.6 If the customer is a consumer, they are requested to report obvious transport damage to the deliverer and inform the seller thereof. If the customer fails to do so, this has no effect on their legal or contractual warranty claims.

  1. Retention of Title If the seller makes an advance payment, the seller retains ownership of the delivered goods until the full purchase price owed has been paid.

  2. Warranty (Guarantee) for Defects 9.1 Unless otherwise specified in the following provisions, the regulations of the statutory warranty for defects apply. However, for contracts for the delivery of goods, the following deviations apply:

9.2 If the customer acts as a business,

the seller has the choice of the type of subsequent performance; the limitation period for defects in new goods is one year from delivery of the goods; rights and claims for defects are excluded for used goods; the limitation period does not start anew if a replacement delivery is made as part of the warranty for defects. 9.3 The liability limitations and shortening of limitation periods regulated above do not apply to

claims for damages and reimbursement of expenses by the customer, cases where the seller has fraudulently concealed a defect, goods that have been used in accordance with their usual purpose in a building and have caused its defectiveness, any existing obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements. 9.4 In addition, for businesses, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

9.5 If the customer is a merchant within the meaning of § 1 HGB (German Commercial Code), the customer is subject to the commercial inspection and complaint obligations in accordance with § 377 HGB. If the customer fails to fulfill the notification obligations regulated there, the goods shall be deemed to have been approved.

9.6 If the customer is a consumer, the customer is requested to report obvious transport damage to the carrier and to inform the seller of this. Failure to do so will have no effect on the customer's statutory or contractual warranty claims.

  1. Applicable Law For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

  2. Alternative Dispute Resolution 9.1 The European Commission provides a platform for online dispute resolution, which can be found at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.