Terms and Conditions

Terms and Conditions for www.Jumbograshecke.com

1. Imprint: Our Company named in the imprint operates “www.jumbograshecke.com” Online Store “www.jumbograshecke.com”
Our Terms and Conditions are valid from June 2014

Owner/Managing Director:
Reinhard Speer
Gegend 20
4894 Oberhofen
UID No.: ATU 487 90 704

Tel/Fax: +43 6213 69956 (chargeable)
Customer Service: Monday – Friday 8:00 to 12:00
Information, data information and complaints:
info@jumbgrashecke.com

Media owner, publisher, and editor: Reinhard Speer
Legal form: Sole proprietorship
Headquarters: Oberhofen
Legal regulations: Industrial Code Gewerbeordnung
Commercial name: gardener and florist
Member of WKO Upper Austria; Specialized Section
;Fachgruppe Gärtner & Floristen
Occupation/Business purpose: gardener and florist
Our shop “www.jumbograshecke.com” was awarded the title” Euro Label – Austrian e-commerce quality mark”. To obtain this seal, we are regularly checked by the Austrian e-commerce quality mark for compliance with the criteria of the label code of conduct and we participate in the dispute resolution. You can check our code of conduct directly via this link: www.guetezeichen.at www.guetezeichen.at

2. Validity/General: Our general terms and conditions relating to the order, the purchase of plants and plant cuttings on our website www.jumbograshecke.com. We exclusively sell directly from our shop to end-users/consumers residing in Germany or Austria. Differing or conflicting terms and conditions of customers and prospects are no longer valid by accepting our Terms and Conditions. By clicking on the checkbox “I have read the general terms and accepted”, which is located in the cart before ordering, the buyer agrees to these Terms and Conditions to be bound by them.
Our range of products is non-binding. The order of the contractually capable customer (those from 18 years of age) represents an offer to conclude a purchase contract. The subsequently sent confirmation of the receipt of the order does not yet constitute acceptance of the offer. The purchase contract is only valid once we deliver the goods ordered, by sending a second e-mail confirming the order or by any acceptance of the customer offer. All offers are subject to change without notice, non-binding and only available while supplies last.

3. Ordering, Order Correction, Order Cancellation: If you have selected the desired product, you can put it into the shopping cart without obligation by clicking the button “Add to shopping cart”. The contents of the shopping cart, you can view at any time by clicking the “Checkout now” button. The products may at any time be deleted or removed from the shopping cart by clicking the “empty cart” or “Remove” button. If you want to buy the products in your shopping cart, click the “Confirm” button. Then please enter your details, choose the payment method and then click the “purchase complete” button. Your order has now been sent to us and you will see again all the details concerning your order. For a further description of the ordering process, please refer to our FAQ. FAQ.

4. Contract language: The contract, all other information customer services, data information and complaint errands will be offered in German.

5. Prices, delivery: All prices listed on the website are in Euro including reduced VAT on Austrian plants by 10% from Hof at: Gegend 20, 4894 Oberhofen am Irrsee, Austria. For sales to entrepreneurs from the EU countries and if provided with the UID number, no Austrian sales tax will be applied, but it is their responsibility to pay the VAT in their respective home country. Sales to customers outside the EU do not include VAT, but they have to pay the national import duties. The prices of the plants are at the time of the order inclusive of VAT. The shipping within Austria and to Germany is free of charge. For orders outside of these two countries kindly ask for the packaging and transport costs per mail at info@jumbograshecke.com separately. If, in the course of shipping, export or import duties will be due, the customer is fully responsible for it at his own expense (info to get you at your tax office).

Payments can be done via PayPal, prepayment or on account.

A delivery is carried out expressly AFTER receipt of the invoice amount, usually on Mondays. This excludes purchase on account. In this case, the goods are dispatched after consultation with the customer at a jointly agreed time. In the case of advance payment and payment via PayPal, the following applies: When the goods are available, the delivery takes place after payment receipt within 2 weeks. In case of product availability, the deliver will take place within 2 weeks after receipt of payment. Outside of season, the delivery time may increase up to 6 months. In this case, the delivery takes place only after consultation with the customer.

The delivery by us is subject to reservation that we ourselves are supplied correctly and on time and we are not responsible for the lack of availability. If delivery time cannot be adhered, we will inform you via email or phone. If you do not agree with the delayed delivery, you are entitled to withdraw from the contract without restriction. In general, the goods remain our property until the invoice amount is paid in full (reservation of ownership). The delivery is affected by courier services (in very large quantities) or by parcel shipping via Hermes, DHL, DPD or GLS. If not all ordered items are in stock, we will let you know immediately. Items for immediate delivery will be immediately shipped or after consultation with you, delivered jointly with the other items, once they become available. The delivery costs will be billed once per order, even if partial delivered.

Transfer of risk on delivery: The risk of loss or damage to the goods passes to the consumer after the goods are delivered to the consumer or to a certain 3rd party, different from the carrier. However, if the consumer has arranged for the contract of carriage himself, without using our proposed choice selection, the risk is already transferred at the time handing over the goods to the carrier.

6. Our offer: Our offers are generally subject to change. It is expressly allowed to replace no longer available products by similar or exclude them from a delivery or to withdraw from the purchase contract if varieties are no longer available.

7. Right of revocation for consumers from Austria: The revocation period for a consumer from online contracts shall be 14 days acc. to KSchG. It begins for delivery goods after been received by the consumer. The day of release for the period (contract or receipt by the customer) does not count.
The revocation period amounts to:
1. In the case of a sales contract, fourteen days from the day on which the goods been taken in possession by you or a representative of a 3rd party assigned by you other than the carrier.
2. In the case of a contract for several goods ordered under a single order of the consumer which are supplied separately, fourteen days from the date on which you or a representative of a 3rd party assigned by you and other than the carrier, have/has taken possession of the last goods.
3. In the case of a contract for the delivery goods consisting of multiple lots or pieces, fourteen days from the date on which last lots of pieces or the final piece been taken in possession by you, or a representative of a 3rd party assigned by you and other than the carrier
4. In the case of a contract for regular delivery of goods during a specified period of time, fourteen days from the date on which you or a representative of a 3rd party assigned by you and other than the carrier have/has taken possession of the first goods.
The revocation must be in writing and send via e-mail, fax or letter to our Company within the revocation period, but without giving reasons at the address below. Therefore you can also use the attached  sample revocation form, which is not obligatory:

Jumbograshecke.com
Reinhard Sperr
Gegend 20
4894 Oberhofen am Irrsee

Fax: +43 6213 69956
E-Mail: info@jumbograshecke.com

If the consumer revokes the contract, the Company has to refund the paid amount by the consumer step by step and to re-compensate the consumer for the efforts necessary and useful expenses. The consumer shall return the received services and pay the Company a reasonable fee for the use, including paying a compensation for the associated reduction of the fair market value of the service. The sole takeover of the services by the consumers should not be seen as an impairment of its own.
Goods able to send as package(s) are to be returned by the consumer; we will pick up not package-capable products at the consumer’s location. The consumer has agreed to bear the cost of returning the goods if he resides in Austria.
If the consumer is an entrepreneur, a revocation is ruled out completely.

8. Right of revocation for consumers from Germany:

8a. Cost control during revocation for consumers from Germany: If the consumer exercises his right of revocation acc. to point 8b, he has to bear the cost of returning the goods if the delivered goods corresponds with the order and if the price of the item to be returned does not exceed an amount of 40 Euro or if he has not yet paid the consideration or a contractually agreed partial payment at a higher price at the time of revocation. Otherwise, the return is free of charge.

The following “revocation policy” – the legally prescribed instruction text – informs you about the conditions, the exercise and the consequences of revocation.

8b. Widerrufsbelehrung fuer Verbraucher aus Deutschland

Revocation instruction

Widerrufsrecht: You can revoke your contract within 14 days without giving reasons in textual form (for example letter, fax, and email) or – if you received the goods before the deadline – by returning the goods revoked. The period begins upon receipt of this instruction in writing, but not before receiving the goods by the consignee (in case of recurring deliveries of similar goods not before receiving the first partial delivery) and also not before our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB and our obligations according to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB are fulfilled.

The revocation period for a consumer from an online contract is 14 days, acc. to KSchG. It begins with the delivery of goods at the time the goods have been received by the consumer. The day of release of the period (contract or receipt by the customer) does not count.

The revocation period amounts to:
1. In the case of a sales contract, fourteen days from the day on which you or a representative of a 3rd party assigned by you and other than the carrier have/has taken possession.
2. In the case of a contract for several goods ordered under a single order of the consumer which are supplied separately, fourteen days from the date on which you or a representative of a 3rd party assigned by you and other than the carrier, have/has taken possession of the last goods.
3. In the case of a contract for the delivery goods consisting of multiple lots or pieces, fourteen days from the date on which last lots of pieces or the final piece been taken in possession by you, or a representative of a 3rd party assigned by you and other than the carrier
4. In the case of a contract for regular delivery of goods during a specified period of time, fourteen days from the date on which you or a representative of a 3rd party assigned by you and other than the carrier have/has taken possession of the first goods.

The revocation must be in writing and send via e-mail, fax or letter to our Company within the revocation period, but without giving reasons at the address below. Therefore you can also use the sample revocation form, which is not obligatory:

Jumbograshecke.com
Reinhard Sperr
Gegend 20
4894 Oberhofen am Irrsee

Fax: +43 6213 69956
E-Mail: info@jumbograshecke.com

The timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. Therefore you can also use the sample revocation form, which is not obligatory:

Revocation consequences: In the case of an effective revocation the mutually received benefits shall be returned and any benefits (e.g. interest) surrendered. If you are not able to return the performances received as well as surrender benefits (for example, benefits of use) even partly or return them in a deteriorated condition, you have to indemnify us for the loss of value. For the deterioration of goods and derived benefits, you have to indemnify us, insofar as the benefits or the deterioration is due to the usage of said goods, which has gone beyond the exclusive examination of the characteristics and functioning. “Testing the properties and functioning,” means the testing and trying of the goods, as it is possible and common in a shop. Transportable goods are to be returned at our risk. You have to bear the cost of returning the goods if the delivered goods corresponds with the order and if the price of the item to be returned does not exceed an amount of 40 Euro or if he has not yet paid the consideration or a contractually agreed partial payment at a higher price at the time of revocation. Otherwise, the return is free for you. Non-transportable goods will be picked-up at your location. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods and their receipt by us.
End of revocation instruction

Notes for a smooth procedure of the return: If possible, please send the complete article back to us in the original packaging. The original packaging is not a “must”, therefore not a prerequisite for asserting your right, but simplifies and ensures the procedure. Returns and misuse of returns are producing entail costs. If you like to return only one item from the delivery, but have ordered more items that you want to pay per invoice, simply deduct the item you’ve returned from the invoice amount.

9. Payment and delay of payment: We reserve our right for revocation, such as if severe doubts on the solvency of the client arise or the purchase price is not been paid to us. Payment is by cash or PayPal (credit card or PayPal). If there is a payment default of a customer we are entitled to claim the statutory default interests.

10. Dunning and collection fees: The contractor undertakes in the event of default, even if payments are delayed without one’s fault, to pay accruing reminder and collection fees to us if they are necessary for the appropriate prosecution and proportionate in relation to our demand, whereby he commits himself in case of the assistance of a collection agency, to compensate us for costs that do not exceed the maximum rates of collection agencies duly remuneration. If we run the dunning process by ourselves, the debtor commits himself to pay an amount of EUR 12.00 for each reminder as well to pay an amount of EUR 5.00 for keeping track of the obligation in reminders every six months.

11. Default of acceptance: In case of default of acceptance with customers who have ordered as an entrepreneur, we are entitled to store the goods for which we provide a storage fee of EUR 0.10 per calendar day. At the same time we insist on contract fulfillment.

12. Retention of title: We retain title to the delivered goods until receipt of all payments from the business relationship with the customer. If the customer sells proprietary rights onwards, he also has to pass the retention of title. The customer shall immediately notify 3rd party access on our retention of title to us. Pledging, assignment as security or likewise of the goods under retention of title is not permitted without our prior consent. If payment is not done immediately in case of default after a reminder, our retention of title must be returned immediately. The redemption fees are charged to the customer.

13. Privacy: Protecting your privacy is very important to us. In our privacy policy we will inform you in detail about the handling of your data.

14. Warranty, liability and warranty: The warranty is subject to statutory provisions (24 months from the receipt of goods). The warranty relates to the deficiencies in the delivery of the plants (visible and invisible), but is no guarantee for fouling. In case of pests, weather conditions, soil conditions, etc., or the improper handling of the plant by the customer, the warranty does not apply. When deficiencies objected is claimed regarding the plants freshness, either a free replacement or improvement is made, for which a reasonable period must be allowed. It should be noted that a possible replacement could be done only during the planting times from early April to mid-May! If a replacement or an improvement cannot be considered (not possible due to high costs, or unreasonable time delay etc.), then the buyer is entitled to a price reduction or, if the defect is not minor, then the buyer can cancel the contract (conversion). Deficiencies are to be announced at delivery or after becoming visible, if possible.
If the purchase is a commercial transaction (B2B) is for the customer, he has to inspect it at least 2 weeks after receiving the goods and notify us immediately of any defects found.
Our company is only liable for damages attributable to intent or gross negligence. This does not apply to personal injury or consumer transactions. The injured party, unless it is not a consumer transaction, must prove the existence of simple or gross negligence. The replacement of (deficiency) consequential damage as well as other damages to property, financial losses and damages to 3rd parties against the customer, provided it is not a consumer transaction, is excluded. Our company as the operator of web shop indicated in the imprint, provides the services with the utmost care, but is not liable for services and goods provided by or related to 3rd parties.
The guarantee for said services and goods must be claimed at the guarantor (manufacturer/sometimes the seller, if the one is the manufacturer) and will be handled according to its provisions. When utilizing the guarantee, the statutory warranty is not restricted. The guarantee must be claimed at the guarantor (manufacturer/sometimes the seller, if the one is the manufacturer) and will be handled according to its provisions. For any warranty terms please refer to the contract confirmation. When shipping the goods for consumer transactions, the risk of loss or damage to the goods passes to the consumer after the goods are delivered to the consumer or to a 3rd party assigned by the consumer, different from the carrier. If the consumer has arranged for the contract of carriage by himself, without using our proposed choice selection, the risk is already transferred at the time handing the goods to the carrier.

Release from liability: An assertion of claims for damages, if permitted by law, is generally excluded.

Offsetting ban Offsetting counterclaims of the customer against purchase price claims of our company are excluded, insofar this counterclaim is not recognized by us in writing, and not determined by a court. For declarations, announcements etc. – except notice of defects – made to us directly; we recommend to be sent to us in writing.

Fouling: In general, we intend to provide all cultural measures for the best possible growth of our plants, but do not guarantee for it. We would be pleased offer assistance in search of a solution to a problem in such a case.

15. Choice of Law: Austrian law applies for all transactions between our company and customers exclusively without the use of the application of the UN Sales Law Convention or Austrian or international reference standards.

16. Place of performance and jurisdiction: Place of performance and jurisdiction for all business is the business location. (Oberhofen, Upper Austria). For contracts with companies, our headquarters is the place of jurisdiction.
The parties agree to the application of Austrian law. The UN Sales Convention and the provisions relating to the CISG are expressly excluded.
For Consumers in the EU, their national and compelling consumer protection regulations apply, unless the relevant Austrian provisions would be more favorable to the consumer.
For contracts with companies our headquarters is the place of jurisdiction.
For contracts with consumers from a Member State of the EU, we also recognize the jurisdiction at the place of residence of the consumer.
We are committed to participate in a dispute settlement procedure of the Internet Ombudsman:

www.ombudsmann.at
Internet Ombudsmann
Margaretenstraße 70/2/10
A-1050 Wien

For more information on the types of procedures please refer to www.ombudsmann.at or to the procedure guidelines:

Procedure guidelines of the Internet Ombudsman for alternative dispute resolution by the AStG (AStG-arbitration procedure)

Guidelines for the conciliation procedure with the Internet ombudsman outside the scope of the AStG (standard procedure)

For the settlement of disputes with our company, the OS platform can be used as well.

Our e-mail address: info@jumbograshecke.com

Oberhofen, January 2016

Reinhard Sperr, gardener
4894 Oberhofen | Gegend 20 | Österreich | Tel/Fax: +43 6213 69956 |
Email: info@jumbgrashecke.com

Terms and Conditions as printable PDF T&C Jumbograshecke.com 2016

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  1. Zahlung per Scheck erwartet Status der Bestellung von Zahlung ausstehend auf Wartend geändert.