General Terms and Conditions
These general terms and conditions (hereinafter referred to as "GTC") are part of all concluded contracts between Feel Green GmbH (hereinafter referred to as "Feel Green") with registered office in A-3500 Krems an der Donau, Austria, Dr. Franz Wilhelm Str. 2, VAT no. AT U64756801, and the "customer" (private customers, entrepreneurs, legal entities under public law and institutional bodies).
The following terms and conditions apply to all contractual relationships concluded between Feel Green and the customer, regardless of whether these relationships take place through an online order, an online auction, by e-mail, fax, telephone or in person.
These GTC are the only valid and binding ones and apply exclusively in the relationship between Feel Green and the customer. Deviating general terms and conditions of the customer are therefore in no way binding to Feel Green, unless Feel Green has expressly accepted them in writing.
The following GTC are published on the website www.feel-green.eu, where they can be accessed, known, and downloaded by the customer, subject to due diligence. They are therefore considered known to all customers. Feel Green reserves the right to change and/or to update them. For this reason, the general terms and conditions, valid at the time the contract was concluded, apply exclusively to every purchase.
By placing an order through the various means provided, the customer declares to have read all the information provided during the purchase process and to fully accept the GTC.
The order confirmation processed by Feel Green following the customer's order also contains a link to Feel Green's website (www.feel-green.eu) to download and save the terms and conditions which the customer fully accepted when he placed the order.
Customers are prohibited from entering incorrect data. Feel Green reserves the right to prosecute any abuse or violation. The customer is obliged to inform Feel Green of any change in the data provided.
Acceptance of these GTC relieves Feel Green of any liability related to the issuance of false tax documents provided by the customer at the time of the order, whereas the customer being solely responsible for their accuracy.
2. Conclusion of the contract
The subject of the contract is the sale of goods and/or services from Feel Green GmbH.
Orders have the value of offers to buy and are not binding on Feel Green until expressly accepted by a formal order confirmation sent to the customer by Feel Green for each order.
Each purchase contract is therefore considered concluded at the moment when the customer receives the order confirmation from Feel Green.
3. Graphic designs/texts
The customer commits to check the content published in the graphic draft to verify its accuracy and therefore the absence of typographical errors and errors of any kind (including graphic errors) and relieves Feel Green of any responsibility. In the event of errors, the customer commits to communicate them immediately, but no later than 5 days after receipt of the graphic design, to allow the necessary modifications to be made to the design. Once this period has expired, the graphic design is deemed to have been accepted by the client and can therefore no longer be contested.
If the graphic design has already been approved by the customer in advance, the above five-day period does not apply.
Changes requested at a time when production has already started are at the expense of the client.
If a graphic is created entirely by the customer, Feel Green is not liable for possible infringement of the intellectual property of third parties.
Feel Green retains intellectual property in the graphics it has created specifically on behalf of or at the request of the client.
4. Prices and shipping costs
The prices are stated in Euros and include the statutory value-added tax plus shipping costs.
Orders over € 30.00 are delivered free of charge within the EU.
Payment must be made in a single amount.
Feel Green sends resellers the price list upon presentation of their trade license. All prices are subject to change without notice (according to supply and demand and specific advertising campaigns), to which VAT will be added, as required by law. The prices apply ex works Krems an der Donau, Austria, and do not include shipping costs.
Orders for which fixed prices have not been expressly agreed will be charged at the list prices valid on the day of delivery.
5. Order Processing and Delivery
Orders that do not offer sufficient guarantees of solvency or that are incomplete or incorrect cannot be accepted by Feel Green.
In case of unavailability of the product, Feel Green can cancel the order. In this case, the amount paid as a deposit or balance for the delivery will be refunded.
Feel Green reserves the right to refuse orders from customers with open disputes regarding a previous order and in any case if the customer has been involved in any type of fraudulent activity.
Delivery dates or deadlines that have been agreed on as binding or non-binding must be confirmed in writing by Feel Green. Compliance with the delivery period presupposes the fulfillment of all contractual obligations by the customer.
In the event of non-delivery by a sub-supplier for which Feel Green is not responsible, Feel Green has the right to withdraw from the contract. In this case, the customer will be informed immediately that the goods are not available and will be refunded the amount paid.
Intermediaries and agents do not have the authority to bind Feel Green to the customer, nor to enter into contracts in the name and on behalf of Feel Green. All offers made by intermediaries are subject to Feel Green's written approval and confirmation.
6. Force Majeure
Feel Green is exempt from any responsibility for total or partial non-performance when caused by force majeure and other unforeseeable and extraordinary circumstances beyond its control, including but not limited to business interruption due to fire, flood and similar circumstances, failure of production facilities and machines, strikes and lockouts, lack of material, energy, means of transport, official intervention, wars, and epidemics. In such cases, the delivery periods can be extended if these adverse circumstances make it difficult or impossible to fulfill the contractual obligations. This also applies if these circumstances affect one of Feel Green's suppliers, which therefore reserves the right to make partial deliveries.
Feel Green is also exempt from any responsibility for any delays in delivery by the courier service due to force majeure or fortuitous events, or due to a circumstance related to the buyer (recipient absent from the place indicated for delivery or wrong address provided by the recipient) or due to delivery in hard-to-reach, flooded, earthquake-prone areas, etc.
For private customers, payment is made by bank transfer to Feel Green's bank account or via PayPal. The goods will be shipped as soon as the invoice amount has been credited to the account.
In the case of business-to-business customers, payment is made in accordance with the agreed terms and conditions specified on the invoice. The payment period is 14 days from the date of the invoice. After the payment period has expired, the buyer is in default, regardless of the agreed payment method. The date of receipt of payment is decisive for the timeliness of payment. If the buyer is in default, Feel Green is entitled to charge a flat rate of EUR 5.00 per reminder. If the purchaser is in default, interest on the default amount will be charged in accordance with Directive 2011/7/EU, but at least 8% above the base interest rate.
In the event of irregularities or default in payment, unsuccessful direct deposits or if circumstances become known that call into question the buyer's ability to pay, all existing claims become due immediately without the need for a reminder. This applies without prejudice to the possibility of claiming further damages due to non-performance.
In such cases, Feel Green reserves the right to carry out outstanding deliveries only against advance payment and to withdraw from all existing contracts or to demand compensation for non-performance. The buyer has no right to offset Feel Green's claims against unrecognized liabilities.
Feel Green reserves the right to make deliveries only against advance payment.
8. Right of Withdrawal
The right of withdrawal does not apply to resellers, businesses, and legal entities under public law.
General right of cancellation (right of withdrawal)
The consumer-customer (a consumer is a natural person who acts for purposes that are not related to the entrepreneurial, commercial, craft or professional activity carried out) has the option of revoking the contract within 14 working days and must inform Feel Green in this case by means of a written declaration (e.g. also by e-mail) or by returning the goods of his decision to withdraw from the contract, without this resulting in a contractual penalty and without giving reasons. In any case, the cancellation period begins when the customer/consumer receives the goods. Sending a written declaration or returning the goods within this period is sufficient as proof of the proper exercise of the right of withdrawal. Goods must be returned to:
Feel Green GmbH
Dr. Franz Wilhelm Str. 2
A-3500 Krems an der Donau, Austria
Consequences of resignation
In the event of a correctly exercised withdrawal, Feel Green will refund the amount paid by the consumer-customer within 30 days from the date on which Feel Green became aware of the withdrawal decision, using the same means of payment used for the original transaction, unless the consumer-customer has expressly stated a different method of payment. The aforementioned reimbursement will be activated after verification of the proper exercise of the right of withdrawal and acceptance of the returned products.
Refunds may be suspended until the products have been received or until the consumer-customer provides appropriate documentation to prove that the goods have been returned to Feel Green.
If the consumer-customer cannot return the received service in whole or in part or can only return it in a deteriorated condition, the consumer-customer must pay Feel Green compensation in this respect. Furthermore, the obligation to pay compensation can be avoided by not using the item as if it were property and by refraining from anything that could impair or damage its value.
The products must be returned to Feel Green in a single shipment. Feel Green reserves the right to not accept products belonging to the same order if they are returned and shipped at different times.
Right of withdrawal for plants
There is no right of withdrawal for plants as they are considered perishable goods.
Right of withdrawal for individually manufactured goods
There is no right of withdrawal for tailor-made goods. The products sold by Feel Green that have a graphic mark printed on them at the customer's request are considered to be customized.
9. Transfer of risks (passing of risk)
The risk passes to the customer as soon as the shipment has been handed over to the transportation company or has left Feel Green's business premises for the purpose of shipment, even if it is a partial delivery. This applies regardless of whether the shipment is made from the place of performance or not and regardless of who bears the transportation costs.
10. Retention of Title
The goods sold are subject to a retention of title in favor of Feel Green until the customer has paid the price indicated on the invoice to which the delivered goods relate in full.
Feel Green is only liable for damage to persons and property caused by the contractual goods in the event of intent or gross negligence. In any case, the compensation for the customer may not exceed the invoice price of the goods. Feel Green is liable for damages resulting from injury to life, body or health that are based on a breach of duty by Feel Green in the event of proven negligence. Otherwise, any liability is excluded.
12. Guarantee (Warranty)
The warranty is based on the statutory provisions.
If the customer is a business, he must check the goods immediately upon receipt and, if it discovers defects or incorrect quantities, notify Feel Green immediately, but no later than 8 days after delivery, giving all the details. Otherwise, no refund will be made.
In the case of hidden defects, the statutory notice period applies.
The customer must inform Feel Green in writing of all defects and hidden defects, which must be expressly stated, otherwise the products will be considered accepted. In the event of a justified complaint about a defect, Feel Green has the right, at its own discretion, to send a replacement product or to refund part of the price that is attributable to the defective part of the delivery. Further claims by the customer, in particular claims for damages, are excluded unless the customer proves that the damage incurred can be proven to be due to intentional or grossly negligent action by Feel Green.
If the customer is a consumer and receives products that do not comply with the purchase contract, Feel Green is liable for any lack of conformity of a product that becomes apparent within 2 years of delivery. The customer/consumer has the right, at his own expense, to request the replacement of the product within the time limits and under the conditions provided by law.
Germination and growth guarantee: The seeds contained in the Feel Green kits are completely natural. Germination and growth depend on several factors that vary by plant species. Therefore, no guarantee can be given for germination and growth.
13. Protection of Trademarks
The customer acknowledges the exclusive and complete ownership of Feel Green's intellectual and industrial property rights to Feel Green's goods and brands and guarantees compliance with these rights even after any resale to third parties.
The customer accepts and acknowledges that he cannot claim any rights to the brands, names, models, images, photographs, graphics, pictograms, copyright, distinctive signs or any other rights to the Feel Green products or their packaging.
The customer undertakes to use the brands, names, models, images, photos, graphics, pictograms and distinctive signs owned by Feel Green solely within the framework of the contract with Feel Green, and in such a way that the image and the reputation of Feel Green will not be affected. Any other use is expressly prohibited.
The customer commits not to reproduce, delete, or modify, in whole or in part, the trademarks and/or distinctive signs of Feel Green and/or apply them to its products.
The customer also commits to refrain from any behavior that could cause confusion among the buyers as to the origin of the products.
The customer commits not to submit or allow to be submitted, in Italy or elsewhere, applications for the registration of trademarks, names or other distinctive signs of Feel Green or those that may be confused with those of Feel Green.
The customer commits not to pass on to third parties’ business or trade secrets of Feel Green or other confidential information of which he becomes aware in the performance of his activity, not even after the end of the contract, and not to use these secrets or confidential information, for whatever reason. In the case of orders for the supply of products on which distinctive signs or brands of third parties are affixed, the customer shall be fully liable towards Feel Green for any infringement of the intellectual or industrial property rights of third parties.
The customer commits to indemnify Feel Green from any liability and from any claim brought against Feel Green by third parties in case products manufactured according to the specifications supplied by the customer and sold to the customer infringe patent rights or other intellectual property rights of third parties.
The provisions of this Clause 13 ("Protection of Trademarks") are binding and also apply to any affiliated company or subsidiary of Customer.
14. Place of Performance, Place of Jurisdiction, Applicable Law
Place of performance for both contracting parties is Krems an der Donau (Austria).
For any dispute that may arise between Feel Green and the non-consumer customer, if they cannot be settled amicably, the court in Krems an der Donau (Austria) will have exclusive jurisdiction, with the provision that Feel Green has the right to also sue at the customer's registered location.
The law applicable to all relations between the parties is Austrian law, where Feel Green has its registered office.
The application of the Vienna Convention is excluded.
In the event of a dispute between Feel Green and the consumer-customer, the latter may seek to resolve any dispute related to the purchase made on the websites by accessing the online dispute resolution platform created and managed by the European Union, which can be found online at: http://ec.europa.eu/consumers/odr. If the legal dispute cannot be settled amicably, the court at the domicile or usual place of residence of the consumer-customer is responsible.
15. Changes and Ancillary Agreements
Additions, changes, and ancillary agreements must be made in writing to be effective. This also applies to the waiver of this written form requirement.
As part of the contractual relationship, the data provided by the customer is collected, processed, stored, and used exclusively for the purpose of order processing and contract execution. The data will not be transmitted or passed on to third parties unless this is necessary for the execution of the contract or for billing purposes.
17. Information and Complaints
As stated under point 3 ("Draft graphics/text"), complaints due to spelling mistakes by the customer or due to logos that were transmitted incorrectly and not communicated in writing are excluded. Complaints cannot be accepted if a defective graphic design has been accepted, even if it was created by Feel Green's graphic department, or if the printing position and color have been chosen incorrectly after the customization of the items has been accepted by the customer.
18. Severability Clause
Should any provision of these General Terms and Conditions be or become invalid, the remaining provisions shall remain unaffected.