General Terms and Conditions (GTC)
Clematis cultures F. M. Westphal
§ 1 Scope / General
These GTC apply to all business relationships of Clematiskulturen Westphal and are part of
of all supply contracts, agreements and offers. They shall apply at the latest when the order is placed
or acceptance of the delivery as recognized.
Any general terms and conditions to the contrary shall not be accepted, even without an express
Objection not part of the contract.
Consumers in the sense of these terms and conditions are natural persons with whom in
business relationship is entered into, without these having a commercial or self-employed professional
activity can be attributed.
Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or
partnerships with legal capacity, with which business relations are entered into, which in
Acting in the exercise of a commercial or independent professional activity.
Customers in the sense of these terms and conditions are both consumers and entrepreneurs.
§ 2 Conclusion of contract
The offers and presentations of the goods as well as their presentation in the online store is subject to change.
according to availability. With the order of a commodity – also in the online store – the
customer bindingly to want to purchase the ordered goods and gives a corresponding offer to the
Conclusion of a purchase contract, to which he is bound for three calendar days. The right of withdrawal of the
customers pursuant to § 8 of these provisions shall remain unaffected.
Clematiskulturen Westphal is entitled to revoke this offer within a period of 2
weeks after receipt. Acceptance may be made either in writing by
order confirmation or by delivery of the goods to the customer.
Insofar as the consumer orders electronically, the receipt of the order will be
confirmed electronically without delay. This confirmation of receipt does not constitute a binding
acceptance of the order. However, the confirmation of receipt may be accompanied by the declaration of acceptance
The goods offered are available in commercially sufficient quantities in each case,
subject to seasonal and weather availabilities . A legal claim to the
Availability of all offered goods does not exist. In the event of any interim
Out of stock, there is the possibility of ordering a replacement in quality and
equivalent-priced goods at a later date.
The customer will be informed immediately about the unavailability of the service and the
Consideration – if already paid – will be refunded immediately.
If the consumer orders the goods by electronic means, the text of the contract will be
Clematiskulturen Westphal and shall be made available to the customer upon request together with these General Terms and Conditions.
sent by e-mail.
§ 3 Prices / Terms of payment
All prices shown at the point of sale or in the online store of Clematiskulturen Westphal
are quoted in Euro ( € ) including the legal value added tax and plus shipping and handling costs.
Delivery costs. The shipping costs depend on the country to which delivery is to be made and are
stated separately in each case.
§ 4 Payment / Retention of title
The customer has the choice between the payment methods offered during the ordering process.
Costs for any chargebacks due to incorrect information are to be borne by the customer.
The consumer shall have a right of set-off or retention only if its
counterclaims have been legally established, are undisputed or have been asserted by Clematiskulturen.
Westphal were recognized.
The delivered goods remain our property until full payment of the respective invoice amount.
(final and unconditional crediting of the total purchase price including possible
ancillary costs) the Clematiskulturen Westphal reserves the property.
Ownership of the goods subject to retention of title shall also not be lost by the fact that the entrepreneur as
Buyer shall keep the delivered plants on his or a third party’s property until resale.
Plants plot. Should the customer resell the goods before full payment has been made
his claims and receivables against the customer or third parties shall be deemed to have
to Clematiskulturen from the resale up to the amount of its own claim.
Westphal as having resigned. In the event of access to the goods by third parties, e.g. through seizure
the customer shall notify the name and address of the third party without delay.
§ 5 Delivery / Shipping / Transfer of Risk / Dimensions and Samples
- The shipping costs are borne by the customer.
- Delivery will be made from the Clematiskulturen Westphal location to the customer’s
specified delivery address.
- Partial deliveries and partial services that are reasonable for the customer are permissible and shall be expressly
- Fixed delivery dates are for Clematiskulturen Westphal only with written confirmation.
- In the event of unforeseen obstacles to delivery, for example in the event of weather catastrophes
such as drought, frost, hail or other circumstances such as epidemics, strikes, lockouts,
disruption of operations, war, official intervention, etc., which are beyond the influence of the
Clematiskulturen Westphal, the delivery period shall be extended for the duration of the hindrance.
If the delivery becomes impossible due to these circumstances, Clematiskulturen Westphal will be informed by
free of the obligation to deliver.
In these cases, both Clematiskulturen Westphal and the customer can withdraw from the contract.
resign. Claims for damages are excluded, unless the clematis cultures
Westphal or a legal representative acted intentionally or with gross negligence.
- If the purchaser is a consumer, the risk of accidental loss or accidental damage shall pass to the
deterioration of the goods sold shall not pass to the buyer until the goods are handed over.
This also applies to mail order purchases.
- If the purchaser is an entrepreneur, the risk of accidental loss and accidental
deterioration of the sold goods with the handover, in the case of mail order purchase with the
delivery of the goods to the forwarding agent, the carrier or otherwise for the performance of the
The risk of loss or damage to the goods shall pass to the buyer at the time of shipment.
- All dimensions are approximate. Deviations upwards or downwards are within the justifiable
Frame permissible. Samples only show the average condition. It does not have to be
all plants like the pattern turn out. All illustrations, color, shape and size specifications
of the plants on brochures, the website or other advertising media are only exemplary and
§ 6 Warranty
The statutory warranty rights apply . In particular, a guarantee of varietal identity
or the growing of the delivered plants will only be accepted after prior written request by the
customer and is otherwise excluded.
If the buyer is an entrepreneur, Clematiskulturen Westphal decides for defects of the goods
initially at its own discretion, whether the supplementary performance by repair or replacement delivery
should take place.
If the purchaser is a consumer, he shall first have the choice of whether the supplementary performance is to be effected by repairing
or replacement delivery is to be made. Clematiskulturen Westphal is, however, entitled to change the nature of the
to refuse the selected supplementary performance if it is only possible at disproportionate cost and
another type of subsequent performance remains without significant disadvantages for the consumer.
If the supplementary performance fails, the customer may, at his discretion, reduce the purchase price.
compensation (reduction) or cancellation of the contract (withdrawal). With only
minor breach of contract, in particular in the case of only minor defects, the customer shall be entitled to
no right of withdrawal.
Entrepreneurs must report obvious defects within a period of 8 days from receipt of the goods.
otherwise the assertion of the warranty claim is excluded.
If the customer chooses, due to a legal or material defect after failed subsequent performance, the
rescission of the contract, he shall not be entitled to any further claims for damages on account of the
If the customer chooses compensation after failed subsequent performance, the goods remain with the
customers if this is reasonable for him. The compensation is limited to the difference between
Purchase price and value of the defective item. This does not apply if the breach of contract was caused by
Clematiskulturen Westphal has been caused maliciously.
The warranty period for entrepreneurs is one year from the date of delivery of the goods, for consumers
§ 7 Liability
- The liability of Clematiskulturen Westphal is limited to a consumer as a
customer in the case of slightly negligent breaches of duty to the amount foreseeable according to the type of goods,
direct average damage typical for this type of contract; this also applies in the case of slight negligence.
Breaches of duty by the legal representatives or vicarious agents of Clematiskulturen
- In commercial transactions with entrepreneurs, Clematiskulturen Westphal shall be liable in the event of
slightly negligent violations of immaterial contractual obligations. Rather, for
Entrepreneur regardless of the nature of the breach of duty, including tortious acts
Claims for damages are generally excluded, except in cases of intent or gross negligence.
negligent action is present.
- In the event of a breach of material contractual obligations, Clematiskulturen Westphal shall be liable for any
negligence, but only up to the amount of the foreseeable damage. Claims for
lost profit, saved expenses, claims for damages by third parties as well as to any other
Indirect and consequential damages are excluded, unless a damage caused by Clematiskulturen
Westphal is precisely intended to protect the customer against such
damage to be insured.
- The above limitations of liability do not affect the customer’s claims arising from
Product Liability. Furthermore, the limitations of liability do not apply to Clematiskulturen
Westphal attributable bodily injury, damage to health or loss of life of the customer.
§ 8 Right of withdrawal
Consumer iSd. § 13 of the German Civil Code (BGB) have a legal right to withdraw from the contract.
Right of withdrawal, which is instructed in accordance with the statutory provisions as follows :
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
revoked. The withdrawal period is fourteen days from the date on which you or one of
third party, other than the carrier, has taken possession of the last goods.
have or has.
To exercise your right of withdrawal, you must notify us (Clematiskulturen F.M. Westphal, Peiner
Hof 7, 25497 Prisdorf, Phone: +49 (0) 4101 / 74104, Fax: +49 (0) 4104 / 781113, EMail: firstname.lastname@example.org) by means of a clear statement (eg. B. one with the
letter, fax or e-mail) of your decision to terminate this contract.
revoke, inform. You can use the enclosed revocation form for this purpose, which is
but is not mandatory.
To comply with the revocation period, it is sufficient that you send the notice of exercise of the
right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we will have to return to you all payments we have received from you.
have received, including the delivery costs (with the exception of the additional costs that
result from the fact that you choose a different type of delivery than the one offered by us,
cheapest standard delivery) without undue delay and at the latest within fourteen days.
days from the day on which the notification of your revocation of this
contract has been received by us. For this repayment we use the same
means of payment that you used in the original transaction, unless with
You have been expressly agreed otherwise; in no event shall you be liable for any damages on account of
charges will be invoiced for this repayment. We may refuse repayment until we have received the
goods have been returned to you or until you have provided proof that you have received the
Goods have returned, whichever is the earlier.
You have the goods immediately and in any case no later than within fourteen days from
the day on which you notify us of the revocation of this contract to us.
to be returned or handed over. The time limit is met if you return the goods before the expiry of the
Send within fourteen days. You shall bear the direct costs of returning the
You only have to pay for any loss in value of the goods if this is
loss of value to a person authorized to inspect the condition, properties and functioning of the
Goods not necessary handling with them is due.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to the following distance contracts:
- Contracts for the supply of goods that are not prefabricated and for the manufacture of which
an individual selection or determination by the consumer is decisive or the
are clearly tailored to the personal needs of the consumer;
- Contracts for the delivery of goods that can spoil quickly or whose expiry date is
would quickly be exceeded;
- Contracts for the supply of sealed goods, which for reasons of health protection or
of hygiene are not suitable for return, if their sealing after the delivery
- Contracts for the supply of goods, if after delivery due to their
properties have been inseparably mixed with other goods;
- Contracts for the supply of sound or video recordings or computer software in a
sealed package if the seal has been removed after delivery.
Sample cancellation form
If you want to revoke the contract, please fill out this form and
send it back to :
Clematis cultures F.M. Westphal,
Peiner Hof 7,
I/we () hereby revoke the contract concluded by me/us () for the purchase of
of the following goods () / the provision of the following services () :
Ordered on () / received on () : ………………………………………….
Name of consumer(s) : ………………………………………………..
Address of the consumer(s) : …………………………………………….
Date , Signature of consumer(s) : …………………………………
(*) Delete as applicable
§ 9 Final provisions
The contractual relationship shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the validity
mandatory consumer protection law remain unaffected.
The exclusive place of jurisdiction for all claims arising from the contractual relationship between the
customer and Clematiskulturen Westphal is Hamburg, insofar as the customer is a
a registered merchant, a legal entity under public law or a public-law entity.
special assets are concerned. . The same shall apply if the customer does not have a general place of jurisdiction in
Germany or whose place of residence or habitual abode at the time the action is filed is
are not known.
Should individual provisions of the contract with the customer, including these general
If any provision of these Terms and Conditions is or becomes invalid in whole or in part, this shall not affect the validity of the remaining provisions of these Terms and Conditions.
The validity of the remaining provisions of the contract or these GTC shall not be affected. The whole or
Partially invalid provision shall be replaced by a provision which corresponds to the intended
meaning and economic success of the invalid provision as closely as possible. Same
applies in the event of the occurrence of any gaps in the contractual relationship between the
Status : 01 May 2017