General Terms and Conditions
These General Terms and Conditions (hereinafter the “GTC”) constitute an integral part of all contracts concluded with our customers (retail customers and also for entrepreneurs, legal persons under public law and special funds under public law), and they apply to all current and future business relationships and concluded contracts between the customer and the Feel Green GmbH and irrespective of whether these transactions constitute an online order, online auction, were carried out via email, fax, phone or were personally transacted. These GTC are applicable for any future contracts of the seller with the buyer even if an order, order confirmation and delivery does not explicitly reference these GTC. The GTC, as amended, apply for contract conclusions. The customer acknowledges the GTC with the initiation of the business relationship.
2. Contract conclusion
The contract is concluded through a confirmation of order or the shipment/transfer of the goods. In the event of internet auctions or other sales to the highest bidder, the contract is automatically concluded with the highest bidder at the end of the auction.
3. Prices & shipping costs
The prices in the shop are gross prices plus shipping costs and include the statutory VAT of 20%.
Shipping is free for orders with a value of € 30.00 and up.
We will send our price list for resellers to retailers who provide us with a copy of their trade license. All our prices are non-binding plus applicable VAT. All prices are valid ex-factory in Krems an der Donau, Austria, and do not include shipping costs. Orders for which fixed prices have not been explicitly agreed upon are billed at the valid list price as of the day of delivery.
Delivery dates or deadlines which have been agreed upon in a binding or non-binding manner require our written confirmation. Adherence to the delivery dates presupposes fulfilment of all contractual obligations by the customer. In the event that we do not deliver through no fault of our own, we have the right to withdraw from the contract. In this case, we will notify the customer immediately that the merchandise is not available and will reimburse the customer. In the event of force majeure and other unforeseeable, exceptional circumstances beyond our control, such as operational interruptions due to fire, water and similar circumstances; failure of production facilities and machines; strike and lockouts; lack of material, energy, transport facilities; interventions by the authorities, the delivery time will be delayed by a reasonable amount of time if these circumstances obstruct our ability to fulfill our contractual obligations in time. This also applies if these circumstances occur at any of our suppliers. We reserve the right to make partial deliveries.
Retail customers may pay via wire transfer to our business account or via PayPal. The merchandise is shipped as soon as the invoice amount has been credited to our account.
Term of payment is 14 days as of the invoice date. The buyer is in default as soon as the payment term expires regardless of the agreed upon payment type. The date when the payment is received is decisive for the timeliness of the payment. If the buyer is in default, we are entitled to add a flat fee of EUR 5.00 per each reminder. If a contractual partner is in default, we may claim default interest of 8% above the prime lending rate.
In case of a late payment, an unsuccessful direct debit or if we become aware of circumstances that make the creditworthiness of the buyer questionable, all existing liabilities become immediately due and payable without requiring a reminder. The assertion of additional damage caused by the default remains unaffected thereby.
In these cases, we have the right to perform outstanding deliveries against prepayment only and to withdraw from all existing contracts or to claim compensation for damages due to non-performance and to recall any merchandise delivered with retention of title at the buyer’s cost and resell it. The buyer does not have the right to offset our receivables with liabilities that we have not acknowledged.
We reserve the right to make partial deliveries only against prepayment.
6. Right of withdrawal
The right of withdrawal does not apply to retailers, entrepreneurs and legal persons under public law.
Right of withdrawal with regard to plants
There is no legal right to a right of withdrawal for living plants as they are considered to be perishables.
General right of withdrawal
You may withdraw from the contract within 14 working days (weekends are not considered working days) in text form without stating any reasons (e.g. via email) or by returning the merchandise. The respective withdrawal period starts when then consumer receives the merchandise. It is sufficient for the observation of the withdrawal period to mail the withdrawal or the merchandise in due time. The withdrawal is to be addressed to:
Feel Green GmbH
Dr. Franz Wilhelm Str. 2
A-3500 Krems an der Donau, Austria
Consequences of withdrawal
In the event of an effective withdrawal both the received service (merchandise) must be returned and the potentially received benefit (e.g. interest) must be ceded. To the extent that you are returning the service (merchandise) in full or in part in a deteriorated state, you will have to compensate us accordingly, if required. You can avoid the obligation to compensate if you refrain from using the merchandise as if it were your property and avoid any actions that may have a negative effect on its value. You will have to bear the return shipping costs if the delivered merchandise corresponds to the ordered merchandise. You will have to comply with reimbursement obligations within 30 days after sending your withdrawal statement.
7. Transfer of risks
The risk is transferred to the customer as soon as the shipment has been handed over to the shipping company or has left our premises to be shipped out even if this concerns only a partial shipment. This is true regardless of whether the shipment takes place from the place of performance or not and who is paying for the shipping. If the merchandise is on stock and the shipment or the acceptance is delayed for reasons beyond our control, then the risk transfers to the customer as soon as the customer receives confirmation that the merchandise is ready for dispatch. This does not apply to liabilities to be discharged at the recipient’s location or to orders as part of the mail-order business.
8. Retention of title
All our deliveries take place assuming extended retention of title. The title will transfer onto the customer once the customer has discharged all of its liabilities arising from the business relationship. Payments will always be applied to the oldest debt first.
Liability for damages only applies if the owner, legal representative or an agent acts with intent or grossly negligent. In the event of negligence on our side, we are liable for damage resulting in loss of life, bodily injury or damage to the health of a person caused by a breach of duty on our side, by one of our legal representatives or agents. Any liability beyond that is excluded.
A warranty is extended as required by legal provisions. If the buyer is an entrepreneur, the buyer must check the delivered merchandise immediately upon receipt for defects and differences in quantity and immediately or at least within three days after receiving the merchandise report the defect or difference in quantity, otherwise the buyer’s notice of defect will be excluded. In the event of hidden defects, the legally stipulated period for notices of defects apply. In the event of a justified notice of defect, the seller has the right to send a replacement or to reimburse the purchase price portion related to the defective part. Any further claims by the buyer are excluded, particularly claims for damages unless the buyer proves that the damage incurred was the result of intent or gross negligence by the seller. If the user cannot be charged with intent or gross negligence, it is not liable for the rights of third parties (property rights, samples, trademark rights) regarding fonts, trademarks, etc. used by it.
Germination and growth guarantee: The seeds in our growing kits are natural products. Germination and growth are dependent on many individual factors. Therefore, no guarantee of germination and growth can be given here.
11. Place of fulfilment and place of jurisdiction
For contracts, the parties agree on Krems as place of performance for payment and delivery and also as place of jurisdiction provided that Feel Green GmbH also has the right to file suit at the customer’s location. Austrian law shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
12. Modifications and ancillary agreements
Amendments, modifications and ancillary agreements require the written form to become effective. The same applies to a waiver of this written form requirement.
13. Data protection
We explicitly point out that data is collected, processed, stored and used as part of the contractual relationship. The provided data will only be used to process the order. A sale of data or forwarding to third parties will not occur unless this is required to perform the contract or for billing purposes.
14. Severability clause
If a provision of these GTC is or becomes ineffective, this does not affect the remaining provisions of these GTC.