§ 1 Scope & Defence Clause

(1) The legal relationships established via this Internet shop between the operator of the shop “thegardenshop.online” represented by Intesion GmbH, Felsenrech 17, 66539 Neunkirchen, Germany (hereinafter “Provider”) and its customers are exclusively governed by the following General Terms and Conditions in the version valid at the time of the order.

(2) Unless otherwise agreed in writing, any deviating terms and conditions of the customer are rejected.

§ 2 Conclusion of the contract

(1) The presentation of goods in the online shop does not constitute a binding offer by the provider to conclude a purchase contract. The customer is hereby merely invited to submit an offer by placing an order.

(2) By submitting an order in the online shop, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also acknowledges these terms and conditions as the sole basis for the legal relationship with the provider.

(3) The provider confirms receipt of the customer’s order by sending a confirmation email. This order confirmation does not constitute acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the provider. Acceptance of the contract offer is declared by delivery of the goods or an express declaration of acceptance. In the case of payment by invoice or direct debit, the provider reserves the right to obtain a credit check before delivery of the goods.

§ 3 Retention of title

The delivered goods remain the property of the provider until full payment has been made.

§ 4 Due date

Payment of the purchase price is due upon conclusion of the contract.

§ 5 Warranty

(1) The customer’s warranty rights are governed by the general statutory provisions, unless otherwise provided below. The provisions of Section 6 of these Terms and Conditions apply to the customer’s claims for damages against the provider.

(2) The limitation period for the customer’s warranty claims is 2 years for newly manufactured items for consumers and 1 year for used items. For businesses, the limitation period is 1 year for newly manufactured items and 1 year for used items. The above shortening of the limitation periods does not apply to the customer’s claims for damages due to injury to life, limb, or health, or to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract, e.g., the provider must hand over the item to the customer free of material and legal defects and transfer ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Also exempt from the shortening of the limitation periods for businesses is the right of recourse pursuant to Section 478 of the German Civil Code (BGB).

(3) The provider does not provide any guarantee.

§ 6 Disclaimer

(1) Claims for damages by the customer are excluded unless otherwise provided below. The above exclusion of liability also applies to the legal representatives and vicarious agents of the provider, provided the customer asserts claims against them.

(2) Excluded from the exclusion of liability specified in Section 1 are claims for damages based on injury to life, body, or health, as well as claims for damages resulting from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract, e.g., the provider must hand over the item to the customer free of material and legal defects and transfer ownership of it. Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents.

(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.

§ 7 Prohibition of assignment and pledging

The assignment or pledging of claims or rights to which the Customer is entitled against the Provider is excluded without the consent of the Provider, unless the Customer proves a legitimate interest in the assignment or pledging.

§ 8 Offsetting

The customer only has a right of set-off if the claim submitted for set-off has been legally established or is undisputed.

§ 9 Choice of law & place of jurisdiction

(1) The contractual relationship between the Provider and the Customer shall be governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the Customer has his or her habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

§ 10 Severability Clause
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.