GENERAL TERMS AND CONDITIONS OF CLIMATEBLOOM GMBH
The following general terms and conditions apply to all contracts that you enter into on the CLIMATEBLOOM.COM website for the provision of services with our company.
In addition to these terms and conditions, special conditions apply to individual business relationships that may contain deviations from or additions to these terms and conditions. These are agreed separately and individually.
2. Conclusion of the contract
The presentation of our services in our online shop does not constitute a binding application for the conclusion of a contract. Rather, it is a non-binding request to order a service in our online shop.
By clicking the "order" button, you are submitting a binding offer to obtain a service in accordance with Section 145 BGB. After we have received this offer, you will receive an order confirmation from us. This is the express declaration of acceptance of your application.
The prices stated on our website include the statutory value added tax and other price components in euros. They include any shipping costs. The price includes the following services: purchase and planting of the selected trees.
4. Payment terms
Payment can be made either in advance, direct debit, credit card or PayPal. We reserve the right to change the payment methods selected for payment.
In the case of advance payment by bank transfer, the payment is due immediately after the conclusion of the contract, unless otherwise agreed.
Payments are due immediately. You are in arrears with a payment without the need for a separate reminder, unless we have received the payment no later than 14 days after receipt of the invoice.
Payment claims are subject to interest at 5% points above the base rate if you are a consumer, on the part of entrepreneurs with 9% points above the base rate. You bear the reasonable costs of the reminders.
The implementation of the service depends on both the season and the weather and takes place at the earliest possible point in time after receipt of payment. Usually, depending on the availability of the respective tree, planting takes place between autumn and spring. If the selected tree species is not available, we reserve the right to plant a comparable tree species.
The contracting party to this contract does not receive ownership of the trees with regard to those who offer their services. Ownership of the trees to be delivered is transferred to the property of the respective landowner in accordance with § 94 BGB when the respective tree is planted.
7. Cancellation policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB) - if you make the purchase for purposes that are predominantly neither commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions:
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded.
In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal:
If you withdraw from this contract, we will have given you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; in no case will you be charged fees for this repayment.
If you want to withdraw from the contract, please fill out this form and send it to us.
Michaela Muster Musterweg 1
99999 model town
[Company name and address]
Revocation of my contract
Customer number / order number:
Dear Sir or Madam,
I hereby revoke the contract I have concluded:
I ask for the immediate confirmation of my revocation.
End of revocation
Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions.
CLIMATEBLOOM GMBH is only liable for damages within the framework of the statutory provisions in accordance with the following provisions.
We are liable for damage resulting from injury to life, limb or health as well as for damage based on intent or gross negligence on the part of CLIMATEBLOOM GMBH or its legal representatives or vicarious agents, as well as for damage due to non-compliance with a guarantee given by CLIMATEBLOOM GMBH or because of fraudulently concealed defects.
CLIMATEBLOOM GMBH is liable, limited to the replacement of the contract-typical, foreseeable damage for such damage that is based on a slightly negligent breach of essential contractual obligations by itself or its legal representatives or vicarious agents. Essential contractual obligations are obligations, the fulfillment of which enables the proper execution of the contract in the first place and which the contractual partner can regularly rely on to be observed.
Other claims for damages by the customer are excluded. The provisions of the Product Liability Act remain unaffected.
The limitations of the above provisions also apply in favor of the legal representatives and vicarious agents of CLIMATEBLOOM GMBH if claims are asserted directly against them.
10. Final provisions
The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
If you are a merchant and are based in Germany at the time of the order, the exclusive place of jurisdiction is Bielefeld. In addition, the applicable statutory provisions apply to local and international jurisdiction.
Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.