General Terms and Conditions with Customer Information

Table of Contents

  1. Scope

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Terms

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Liability for Defects (Warranty)

  8. Redemption of Gift Vouchers

  9. Applicable Law

  10. Place of Jurisdiction

  11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as the “GTC”) of greenco GmbH (hereinafter referred to as the “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers unless otherwise expressly stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.4 An entrepreneur within the meaning of these GTC 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 trade, business or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may 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.

2.3 The Seller may accept the Customer’s offer within five days:

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer shall be decisive, or

  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive, or

  • by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time at which one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment shall be processed 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 User Agreement available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

If the Customer pays using a payment method offered by PayPal and selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5 When an offer is submitted via the Seller’s online order form, the contract text shall be stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order. The Seller shall not make the contract text available beyond this.

If the Customer has created a user account in the online shop before submitting the order, the order data shall be archived on the website and may be accessed free of charge by the Customer via their password-protected user account by entering the relevant login details.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of improving the detection of input errors may be the browser’s zoom function, which can be used to enlarge the display on the screen.

The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The contract may be concluded exclusively in the German language.

2.8 Order processing and communication generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address.

In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

The withdrawal policy and model withdrawal form can be found here.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs shall be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer.

These may include, for example, charges for the transfer of funds by credit institutions (e.g. transfer fees or exchange-rate fees) or import-related duties and taxes (e.g. customs duties).

Such costs relating to the transfer of funds may also arise if the delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.

4.3 The available payment method(s) shall be communicated to the Customer in the Seller’s online shop.

4.4 If a payment method offered via the “PayPal” payment service is selected, payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers.

If the Seller also offers payment methods via PayPal for which the Seller provides advance performance (e.g. purchase on account or instalment payments), the Seller shall assign its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically identified to the Customer.

Before accepting the Seller’s assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the Customer data transmitted. The Seller reserves the right to refuse the selected payment method in the event of a negative credit assessment.

If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or agreed payment intervals. In this case, payment with debt-discharging effect may only be made to PayPal or the payment service provider commissioned by PayPal.

However, even in the event of assignment of the claim, the Seller shall remain responsible for general Customer enquiries, for example regarding the goods, delivery time, shipment, returns, complaints, withdrawal declarations and returns, or credit notes.

4.5 If a payment method offered via the “Shopify Payments” payment service is selected, payment shall be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”).

The individual payment methods offered via Shopify Payments shall be communicated to the Customer in the Seller’s online shop.

Stripe may use additional payment services to process payments, for which separate payment terms may apply and of which the Customer may be informed separately.

Further information on Shopify Payments is available at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller’s order processing shall be decisive for processing 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 to the costs of the original shipment if the Customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal, the provisions set out in the Seller’s withdrawal policy shall apply to the costs of returning the goods.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally pass to the Customer only when the goods are handed over to the Customer or to a person authorised to receive them.

Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to a consumer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment if the Customer has commissioned that forwarding agent, carrier, person or institution to carry out the shipment and the Seller has not previously identified that 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 supply to the Seller itself.

This shall apply only if the failure to deliver is not attributable to the Seller and the Seller has concluded a specific procurement 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 reimbursed without undue delay.

5.5 Collection by the Customer is not possible for logistical reasons.

5.6 Vouchers shall be provided to the Customer as follows:

  • by email

6) Retention of Title

If the Seller provides goods in advance of full payment, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 Unless otherwise stipulated in the following provisions, the statutory provisions governing liability for defects shall apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.2 If the Customer acts as an entrepreneur:

  • the Seller shall have the choice of the type of subsequent performance;

  • the limitation period for defects in new goods shall be one year from delivery of the goods;

  • rights and claims for defects in used goods shall be excluded;

  • the limitation period shall not recommence if a replacement delivery is made as part of liability for defects.

7.3 The limitations of liability and reductions of limitation periods set out above shall not apply:

  • to claims for damages and reimbursement of expenses by the Customer;

  • if the Seller has fraudulently concealed the defect;

  • to goods that have been used for a building in accordance with their customary purpose and have caused the building to become defective;

  • to any obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.4 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.

7.5 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB.

If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, they are requested to report goods delivered with obvious transport damage to the delivery service and to notify the Seller accordingly.

Failure to do so shall have no effect whatsoever on the Customer’s statutory or contractual claims for defects.

8) Redemption of Gift Vouchers

8.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter referred to as “Gift Vouchers”) may only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.

8.2 Gift Vouchers and remaining balances on Gift Vouchers may be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances shall be credited to the Customer until the expiry date.

8.3 Gift Vouchers may only be redeemed before completion of the ordering process. Subsequent offsetting against an order is not possible.

8.4 Only one Gift Voucher may be redeemed per order.

8.5 Gift Vouchers may only be used to purchase goods and may not be used to purchase additional Gift Vouchers.

8.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be used to pay the difference.

8.7 The balance of a Gift Voucher shall neither be paid out in cash nor bear interest.

8.8 The Gift Voucher is transferable. The Seller may discharge its obligation by providing performance to the respective holder who redeems the Gift Voucher in the Seller’s online shop.

This shall not apply if the Seller knows, or is grossly negligent in failing to know, that the holder is not entitled to redeem the voucher, lacks legal capacity or lacks authority to represent the entitled person.

9) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.

For consumers, this choice of law shall apply only to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is