Terms of service
Internet Shop, Contractual Partner and Customer Service
The sales contract is concluded with
VBG UG (limited liability)
Stolbergerstr. 90d
50933 Cologne
www.vbg.garden
info@vbg.garden
You can reach our customer service for questions, complaints and claims. VBG UG (limited liability) "VBG" is the operator of the Internet store "vbg.garden". In order to stay on the VBG website, especially to see the upcoming sales promotions
("User"), the User does not need to become a Member. Membership requires the User to register (§ 3). The User will receive personal information about upcoming sales promotions on www.vbg.com by e-mail, provided that the User has agreed to receive such e-mails. The prices stated on the website are final prices including VAT. Shipping costs as well as handling fees are shown separately and comprehensible for you.
Validity of the GTC
2.1 By agreeing to these terms and conditions (hereinafter referred to as "GTC") when registering, the user agrees to the validity of these GTC. These GTC define the conditions under which you can use the services of VBG.
2.2 You can access, save and print these GTC at any time via the link "GTC" on the VBG website.
2.3 General terms and conditions of users, members and partners do not apply in direct business transactions with VBG even if VBG does not expressly object to them and/or provides services without objection. This also applies if the user, member or partner of conflicting terms and conditions has prescribed a special form for the objection. An application of deviating terms and conditions only takes place if this has been expressly confirmed in writing by VBG in advance.
Registration, termination and restriction of membership
3.1 Registration with VBG is free of charge. By registering with VBG, the user becomes a member. Registration and membership do not result in any costs, purchase obligations or other obligations for the user. A legal claim to the conclusion of a contract does not exist through the registration and the acquisition of membership.
3.2 The data requested during registration and in the further course of membership must be provided completely and correctly; in particular, a functioning e-mail address is a prerequisite for membership. If the data deposited with VBG changes, the member is obligated to update this data in his account immediately.
3.3 Only one registration is permitted per user. Simultaneous registration of several member accounts is not permitted. Circumvention of this regulation is inadmissible and may lead to termination of membership on the part of VBG.
3.4 Members are obliged to keep their password secret and to carefully secure access to their member account. Members are obliged to inform VBG immediately if there are indications that a member account has been misused or could be misused by a third party.
3.5 Members may terminate their membership with VBG at any time free of charge with immediate effect. A notification by e-mail to the customer service is sufficient for the termination declaration.
3.6 VBG may duly terminate the membership at any time with a notice period of 14 days.
3.7 VBG can block, restrict or terminate a membership without observing this period of notice if there are concrete indications that the member is in breach of legal regulations, the rights of third parties, these GTC or the store regulations. When choosing the measure, VBG will take into account the legitimate interests of the member concerned, in particular whether there are indications that the member is not responsible for the violation.
Conclusion of contract and retention of title
The presentation of products and the presentation of goods on the VBG website in the context of sales promotions does not constitute a legally binding offer, but merely an invitation to private customers to place an order. There is no legal claim to the availability and deliverability of the presented products. The sales promotions are only aimed at consumers within the meaning of § 13 BGB (German Civil Code), i.e. any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity. Only household quantities may be ordered. VBG reserves the right to make orders from the sales promotions dependent on the fulfillment of certain individual requirements in due course. To order a product displayed at VBG, you must complete the following steps: You put the item in the shopping cart. In the next step you will enter all the necessary information about the billing address and shipping address. During this step we ask you to actively agree to the General Terms and Conditions, the Privacy Policy and the Cancellation Policy. After that you enter the details of your favorite payment method. Finally, you can check your order once again and complete it by clicking the "Buy now" button. By submitting your online order you are making an offer to VBG to conclude a legally binding contract. By clicking the button "Place order" you place a binding order of the goods contained in the shopping cart and confirm that you are authorized to place the order, i.e. for minors with the consent of their legal representatives. Immediately after receipt of your order, you will receive an automated e-mail confirming the receipt of your offer and thus the conclusion of the contract. All goods remain the property of VBG until full payment of the purchase price and all claims associated with the purchase. Before transfer of ownership you are not entitled to dispose of the goods. If third parties assert rights to the goods, you must inform VBG immediately. If VBG determines before the conclusion of the contract that the ordered product is not available, we will inform you immediately and refund already received payments without delay. If VBG determines after the conclusion of the contract that the ordered product is not available as a result of untimely or incorrect delivery (including the delivery of short quantities) by our supplier, for which VBG is not responsible, contrary to expectations and despite a delivery contract concluded by us with the supplier for the ordered goods, we reserve the right to withdraw from the contract. In such a case VBG will immediately inform you about the unavailability of the ordered product and will immediately refund any payments received from you. VBG is entitled to reject offers from you without giving reasons. VBG reserves the right to refuse an offer if there are indications that the customer is not a consumer, if the order exceeds the usual household quantity or if payment is not made even after a request with a deadline.
Shipping & Availability Status
5.1 Shipping
5.1.1 The delivery is made by DHL and takes place worldwide.
5.1.2 The delivery for immediately available goods takes place - unless otherwise agreed - within seven working days after receipt of the invoice amount by VBG (in case of prepayment) or after completion of the Paypal payment process or after charging your credit card. VBG does not assume any liability for delays that do not fall within VBG's area of responsibility.
5.1.3 The delivery of pre-order goods takes place - unless otherwise agreed - within 30 working days after receipt of the invoice amount by VBG (in case of advance payment) or after completion of the Paypal payment process or after charging of your credit card. VBG does not assume any liability for delays that do not fall within VBG's area of responsibility.
5.1.4 The orderer is obligated to accept the goods.
5.1.5 If the ordering party is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the ordering party upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent, the carrier or the person otherwise designated to carry out the shipment.
5.1.5 If the Purchaser is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Purchaser only upon handover of the goods, even in the case of a mail order purchase. The handover shall be deemed to have taken place if the customer is in default of acceptance.
5.2 Availability status
5.2.1 Goods that are immediately available are accordingly marked as immediately available on the product pages of the store.verbandbotanischergaerten.com. Immediately available goods are shipped as explained in 5.1.2.
5.2.2 Goods that are not immediately available are marked as "pre-order" or "pre-order".
5.2.3 Goods marked as pre-order are offered on a first-come-first-served basis and are strictly limited.
5.2.4 Goods marked as pre-order will be shipped as explained in 5.1.3.
Shipping costs
Shipping costs will be added to the stated product prices. You can find out more about the shipping costs in the offers or under shipping information.
Payment
To make shopping at store.verbandbotanischergaerten.com as comfortable and secure as possible, we offer the following payment options in our online store:
7.1. immediate transfer
Sofortüberweisung is the TÜV-certified, insured payment service of Payment Network AG.
When ordering via Sofortüberweisung, VBG immediately receives the transfer credit. The dispatch of the ordered goods by VBG takes place after receipt of the purchase price.
7.2 PayPal
PayPal is the online payment service that allows you to pay in online stores securely, easily and quickly - free of charge.
Secure: You do not have to enter your bank or credit card details for each payment, because your bank or credit card details are stored at PayPal.
Simple: You pay with two clicks. Because you access your bank or credit card data stored at PayPal, instead of entering them again with every purchase.
Fast: PayPal payments arrive quickly. Then the seller can ship the goods immediately and you usually receive them sooner.
Sign up and start using PayPal right away:
- Open a PayPal account at www.paypal.de/anmeldung.
- Link your bank account or credit card to your PayPal account.
- And you can already pay with PayPal.
7.3 Credit card
Fast and secure payment with your credit card. The payment is processed by Stripe.
When ordering with credit card, the invoice amount of the customer's credit card will be charged upon completion of the order and the goods will be shipped immediately.
The following credit cards are accepted: Visa, Mastercard
7.4 Prepayment
Simply pay in advance. Transfer the money directly to our bank account. Please use the order number as reason for payment. Please note that your order will be shipped only after we have received the money on our account.
Transport damages
If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the delivery person and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or transport insurance.
Use of VBG
9.1 VBG offers the services only within the framework of the recognized rules of technology. VBG may restrict the services if this is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures and this serves the proper or improved provision of the services (maintenance work). For technical reasons in particular, it may be temporarily impossible or only possible to access the services to a limited extent (unforeseen system failures).
9.2 It is prohibited to use the services in a manner that violates legal regulations, the rights of third parties or common decency. It is also prohibited to use the services in a manner that is abusive or likely to damage the good reputation of VBG. In particular, it is prohibited to use the services for subsequent purposes. No anti-competitive actions may be undertaken and/or promoted, including progressive customer solicitation (such as chain, pyramid or snowball schemes). It is prohibited to use pornographic content or content that violates youth protection laws or to advertise, offer or distribute pornographic products or products that violate youth protection laws. Our services may not be used for purposes other than those for which they are intended, e.g. by using "robots", "spiders" or "offline readers" or other malware. It is prohibited to upload content to our services that is protected by copyright unless the user has the rights to it or the necessary consents. Further, VBG shall not be used in a manner that adversely affects the availability of our services and performance to other users. The dissemination of offensive, racist or otherwise unlawful content or information, including offensive or defamatory content, through our services is prohibited, regardless of whether such content relates to other users, employees of the operator or other persons or companies. Furthermore, no photos with defamatory, offensive, racist or otherwise illegal or immoral content are to be used. It is prohibited to send chain letters, to intercept or attempt to intercept messages, to advertise shopping clubs, to send messages that serve a commercial purpose, as well as to use our services to threaten or unreasonably harass other persons (especially through spam) or to violate the rights (including personal rights) of third parties. Furthermore, it is not allowed to use temporary e-mail addresses of so-called 10-minute-mail services and to publish names, addresses, telephone or fax numbers, e-mail addresses, user names or other contact data of messenger services.
9.3 This website has been compiled with the greatest possible care. Nevertheless, VBG cannot guarantee the correctness and accuracy of the information contained therein. VBG excludes any liability for damages arising directly or indirectly from the use of this website, insofar as these are not based on intent or gross negligence on the part of VBG.
Conditions for sweepstakes, raffles or promotions
For sweepstakes, raffles or other promotions (hereinafter "Promotion") organized by VBG, the following conditions apply:
Winners or beneficiaries will be determined from among all persons who have participated in the Promotion and have met the requirements established by VBG. Winners or beneficiaries will be notified by VBG of the prize or beneficiary by email via the email address provided during registration. If the email contains a notice that the winner or beneficiary must contact VBG within a specified period of time to accept the prize, the prize will be forfeited upon expiration of the deadline if the winner has not contacted VBG accordingly. The prizes or benefits offered in the promotions cannot be exchanged, nor is cash payment possible. Participants in a promotion agree that, if they win, they may be named on the VBG website and in other VBG services and press releases. VBG may exclude participants from a promotion if they manipulate the sweepstakes or promotion mechanisms by unfair means or in violation of these TOS. VBG may, at its sole discretion, sanction such manipulation with exclusion. VBG reserves the right to cancel promotions or extend them beyond the original time period.
Invite friends, product and sales promotion recommendations.
Members can invite other friends to join VBG on the VBG website. Members also have the option to recommend sales promotions or individual products to third parties via email.
Members agree to send newsletters, sales promotion and product recommendations only to email addresses of existing, living, natural persons who have previously expressed interest to the member and have given express consent to send the corresponding email. In the event of a dispute, a written declaration to this effect must be submitted.
Vouchers/credits
For VBG vouchers (and analogously VBG credits) the following conditions apply. VBG vouchers for goods can be redeemed for all products posted on the VBG website, unless the redemption of VBG vouchers is excluded on the promotion overview or product overview page or it is a promotion where the order is placed via the website of a third party; this is explicitly marked in each case. The purchase price of the products ordered must be at least equal to the value of the voucher, unless otherwise notified when the voucher is issued. VBG Vouchers for shipping and handling may be redeemed for the shipping and handling fee applicable to orders placed on the VBG website, unless the redemption of VBG Vouchers is appropriately excluded on the promotion overview or product overview page, or it is a promotion where the order is placed through a third party website. VBG vouchers are based on codes that are provided to you personally; codes usually expire after one use. Validity period, minimum order value, if any, or other conditions are determined by VBG and announced in the corresponding promotion; the minimum order value in this case refers to the purchase price including VAT and shipping costs are not taken into account. Only one VBG voucher can be redeemed per order; multiple VBG vouchers cannot be combined. If you cancel the purchase of an item where you have used a VBG -Voucher, the voucher amount will not be refunded and the voucher cannot be reused; this does not apply if you have purchased the VBG -Voucher directly from VBG against payment of a monetary amount. You cannot purchase a VBG -Voucher with a VBG -Voucher that you did not purchase against payment of a monetary amount directly from VBG. There will be no cash payment or interest on the VBG -Voucher. VBG vouchers are issued to a member personally and cannot be transferred to a third party; if VBG learns of the transfer of a voucher, VBG reserves the right to declare the corresponding voucher invalid. If VBG indicates that the voucher is only valid for new customers, it is necessary for the issuance of the voucher that a person registers as a member with VBG for the first time. With the exception of a loss of the voucher for which VBG is responsible, VBG assumes no liability for the loss or theft of the voucher; replacement vouchers will only be issued if C VBG is liable for the loss of the voucher. Additional conditions or limitations for the redemption of vouchers may be listed in the GTC's or when the voucher is issued.
Cancellation policy
Right of withdrawal
You have the right to revoke this contract within thirty days without giving any reason.
The revocation period is thirty days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us of VBG UG (limited liability) with its registered office in Stolbergerstr. 90D - 50933 Cologne - Tel: E-Mail: support@vbg.garden , by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. For this purpose, you can use a sample withdrawal form enclosed by us with the shipment, which, however, is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Exclusion of the right of withdrawal
The right of revocation does not exist for distance contracts
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, this also includes all goods that are marked with "pre-order" or "pre-order"!
- for the delivery of goods, clearly tailored to the personal needs of the consumer,
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,
- for the delivery of sealed goods, which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature, or
- for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within thirty days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of thirty days.
The address for the return shipment is:
myshoplogistics
Vogelsangerstr. 356-358
50827 Cologne
In addition, you must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods that is not necessary for the examination of the quality, characteristics and functioning of the goods.
Warranty and liability for damages
If there is a defect in the goods, the Purchaser may, at its option, demand that the defect be remedied or that a defect-free item be delivered. In this case the customer must first send the goods to VBG at his own expense. If the defectiveness of the goods is confirmed, VBG shall reimburse the costs of the return shipment to the ordering party.
If subsequent performance cannot be effected, the ordering party is entitled to either withdraw from the contract or reduce the purchase price.
If the ordering party is an entrepreneur, he is obligated to notify VBG of defects in writing immediately after receipt of the goods. Otherwise the assertion of warranty claims is excluded.
VBG shall be liable in accordance with the statutory provisions insofar as the ordering party asserts claims for damages based on intent and gross negligence on the part of VBG, its representatives or vicarious agents. Insofar as VBG is not accused of intentional breach of contract, liability is limited to the foreseeable damage.
Unless otherwise stipulated above, liability is excluded in all other respects. In particular, liability is also excluded for claims for damages of the customer arising from the obligation during contract negotiations. VBG is in particular not liable for loss of profit, loss of savings and other indirect and/or consequential damages.
Indemnification
The user indemnifies VBG against all claims of third parties, which these third parties assert against VBG due to violation of their rights or violations of these GTC, the store regulations or laws when using VBG. In this regard, the user shall bear the costs of the necessary legal expenses including all court and attorney fees in the amount incurred. This does not apply if the user is not responsible for the violation of the rights of third parties or the violation of these GTC, the store regulations or the laws. In the event of a claim by a third party, the user is obligated to provide VBG immediately, truthfully and completely with all information that may be necessary for the examination of the claims and a defense. Delays in the provision of information shall be borne by the user.
Copyright and rights of use
The contents of VBG are protected by database law, copyright and trademark law. These contents may not be copied or distributed, used or reproduced in any other way without the prior consent of the relevant rights holder. This applies in particular to copying with the aid of robots, crawlers or other automatic mechanisms. Any use or exploitation for other purposes or modification of the services is prohibited. In particular, the copying or extraction of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be prosecuted under criminal and civil law to the extent permitted by law.
Place of jurisdiction
Place of jurisdiction is - as far as legally permissible - Cologne. This also applies to dunning proceedings.
If the private end user does not have a residence in the European Union, our place of business shall be the place of jurisdiction. In dealings with end consumers within the European Union, the law of the end consumer's place of residence may also be applicable, insofar as it is mandatory under consumer law.
Contract language
The language available for the conclusion of the contract is German.
Final Provisions / Severability Clause
19.1 There are no ancillary agreements to these GTC. Amendments and supplements to these GTC must be made in writing. This shall also apply to the provision regarding the written form requirement.
19.2 The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
19.3 Should any provision of these General Terms and Conditions be or become invalid, the remaining provisions shall remain valid. In place of the invalid provision, that provision shall then apply which the parties would have agreed upon in knowledge of the invalidity of the individual GTC clauses in order to bring about the economic success of this clause. The same shall apply in the event of loopholes.