Terms and conditions
1. Scope of application
The following General Terms and Conditions (GTC) apply to all orders placed through our online shop by consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership with legal capacity who acts in the exercise of their commercial or self-employed professional activity. With regard to entrepreneurs, the following applies: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected, and they only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract, correction options
The purchase contract is concluded with Golden Bonsai GmbH.
The presentation of products in the online shop does not constitute a legally binding offer but rather an unbinding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your order is sent by email immediately after sending the order. We accept your offer within two days by sending a separate email confirmation or by executing the payment transaction through our service provider or the selected payment service provider, depending on which of the events listed occurs first.
3. Language of the contract, storage of the contract text
The language available for concluding the contract is German.
We save the contract text and send you the order data and our GTC in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. Delivery conditions
In addition to the stated product prices, shipping costs may apply. You can find out more about any shipping costs that may apply in the offers.
We deliver by mail and self-collection at Ella-Kay-Straße 9, 10405 Berlin, Germany of the goods is also possible after a pick-up date and time is mutually agreed.
We do not deliver to packing stations.
5. Payment
The following payment methods are generally available in our shop:
5.1 Advance payment
If you choose the advance payment option, we will provide you with our bank details in a separate email and deliver the goods after payment has been received.
5.2 Credit card
During the ordering process, you enter your credit card details. Your card will be charged immediately after placing the order.
5.3 PayPal
To pay the invoice amount via the PayPal (Europe) S.à r.l. et Cie, S.C.A. payment service provider, you must be registered with PayPal, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed. Further information will be provided during the ordering process.
PayPal may offer additional payment methods to registered PayPal customers based on their individual criteria. However, we have no influence on the offering of these methods; any additional payment methods offered individually will affect your legal relationship with PayPal. Further information on this can be found in your PayPal account.
6. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the "Right of withdrawal" policy.
Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment has been made. For entrepreneurs, the following applies additionally: We retain ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign all claims arising from this resale - irrespective of any connection or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations. We will release the securities owed to us upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%.
8. Transport damage
For consumers: If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, especially your warranty rights. However, it helps us assert our own claims against the carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration of the goods passes to you as soon as we have delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.
9. Warranty and guarantees
9.1 Warranty rights
Unless expressly agreed otherwise below, the statutory warranty rights apply.
The following restrictions and shortening of the statute of limitations do not apply to claims based on damages caused by us, our legal representatives, or vicarious agents, for injury to life, limb, or health, in case of intentional or grossly negligent breach of duty, in case of a warranty promise, if agreed, or if the scope of the Product Liability Act is opened.
Restrictions on entrepreneurs: For entrepreneurs, the limitation period for warranty claims for newly manufactured items is one year from the transfer of risk. The statutory limitation periods for the right of recourse under § 445a of the German Civil Code (BGB) remain unaffected.
Regulations for merchants: The commercial obligation to examine and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are considered approved unless it concerns a defect that was not recognizable during the examination. This does not apply if we have maliciously concealed a defect.
9.2 Guarantees and customer service
Information on any additional guarantees and their precise conditions can be found with the product and on special information pages in the online shop.
10. Liability
We are always liable without limitation for claims due to damages caused by us, our legal representatives, or vicarious agents in case of injury to life, body, or health, in case of intentional or grossly negligent breach of duty, for guaranteed quality features, if agreed, or if the scope of the Product Liability Act is opened. In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on the compliance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence by us, our legal representatives, or vicarious agents, liability is limited to the amount of damages typically foreseeable at the time of the conclusion of the contract. In all other cases, claims for damages are excluded.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/
We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Final provisions
If you are a business owner, German law applies, excluding the UN Sales Convention.
If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.