General Terms and Conditions of Business (GTC)

1. Scope of applicability

The following GTC apply for all orders placed through our online shop by consumers or companies.

A consumer is any natural person who concludes a legal transaction for purposes which can be predominantly attributed neither to his/her commercial nor independent professional activities. A company is any natural or legal person or a partnership with legal capacity which when concluding a legal transaction acts in performance of its or commercial or independent professional activities.

With respect to companies these GTC also apply for future business relationships, without us having to refer to them again. If the company uses general business conditions which are contrary to these GTCs or supplementary to them, we hereby object to their applicability. They shall only be deemed to be a part of the contract if we have explicitly agreed to their applicability.

Complementary provisions apply to commercial retailers.

2. The parties; the conclusion of the contract

The purchase contract shall arise with Bingenheimer Saatgut AG.

The presentation of the products in the online shop does not constitute a legally binding offer, but only a non-binding online catalogue. You can initially place our products in the shopping cart without giving rise to any obligation and correct your details at any time before sending your binding order using the correction tools provided for this purpose and explained in the order process. By clicking on the “Order” button you submit a binding order for the goods contained in the shopping cart. The receipt of your order will be confirmed by e-mail immediately after your send the order. This confirmation does not constitute acceptance of the contract. We can accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.

 

A binding contract can also already arise in the following cases:

  •  If you choose credit card payment, the contract arises at the moment of the credit card debiting.
  • If you choose PayPal payment, the contract arises at the moment of your confirmation to the payment instruction for PayPal.
  • If you choose “SOFORT Überweisung” as payment, the contract arise at the moment of your confirmation to the payment instruction for the SOFORT GmbH.

The languages available for the conclusion of the contract are German and English.

We will store the text of the contract and send you the order details and our GTCs by e-mail. You can also access our GTCs at any time here on this site. Your past orders are no longer available over the Internet for security reasons.

Online Dispute Resolution pursuant to Article 14 para. 1 ODR-VO: The European Commission provides a platform for Online Dispute Resolution, available at http://ec.europa.eu/consumers/odr/.

3. Delivery conditions

Shipping costs are payable in addition to the product prices specified. You can find more information on the amount of the shipping costs with the offers.

We only deliver by way of shipping. We regret that the customer cannot collect the goods him/herself.

4. Payment

The following payment methods are available in our shop:

Credit card payment

Your credit card payment will be taken immediately, along with completion of your order.

Paypal

You pay the invoice amount via the online provider Paypal. Basically you have to be registered there, or you still have to register, legitimate with your access data and then confirm the payment instruction to us. Further information you get at the ordering process.

Invoice

For new customers we reserve the right to invoice in advance for goods with a value of €200 or more. (The purchase contract shall arise through your acceptance of the goods without reservations.)

SOFORT Überweisung ("immediate transfer”)

We also provide the payment method “SOFORT Überweisung”. Here we get the credit transfer immediately. Hereby the whole ordering process accelerates. Therefore you need only your bank account number (IBAN), bank code (BIC), PIN and TAN. Using the secure payment form of the SOFORT GmbH, not accessible for any merchant or third party, the customer automatically triggers a credit transfer from his online bank account to the merchant in real-time. If you choose the payment “Sofort Überweisung”, a pre-filled form opens at the end of the ordering process. This form already includes our bank details. Also the transfer amount and the purpose are shown. Then you have to choose your country, where you have your online-bank account and enter the bank code. Then you have to enter the same data, as you do it for the registration to your online banking. Confirm your order by entering of the TAN. Directly after, you get the confirmation of the transaction. Basically, every internet user can use the payment method of SOFORT Überweisung, if he has an activated online banking account with a PIN/TAN-system. Please note that for a few banks the SOFORT-Überweisung is not yet available. More information, if your bank provide this service, you get here: https://www.sofort.com/eng-DE/kaeufer/su/online-zahlen-mit-sofort-ueberweisung/

 

Please note: The payment methods, which debit directly your bank account (credit card, Paypal, "Sofortüberweisung"), are only selectable, if the ordered products are "ready to ship", marked with a green point. Products with "later delivery" are only available to order by invoice. As soon as the products are getting shipped, the invoice is on the way to you.

Please also note, that the payment methods are not provided for every country, we deliver. You see the different kind of available payment methods in your personal checkout-process.

5. Cancellation right

Consumers have a statutory cancellation right, as described in the cancellation notice. Companies are not granted a voluntary cancellation right.

6. Retention of ownership

The goods shall remain our property until payment has been made in full.

For companies the following applies on a supplementary basis: we will retain the ownership title to the goods until all receivables from a current business relationship have been fully settled. You can resell the goods subject to retention of title in the normal course of business. You assign to us in advance all receivables generated from such reselling, irrespective of any connection or combination of the goods subject to retention of title with a new item, in the invoice amount, and we accept that assignment. You remain authorised to collect the receivables. However, we are also permitted to collect receivables ourselves insofar as you fail to fulfil your payment obligations.

7. Warranty and guarantees

Unless otherwise explicitly agreed below, the statutory warranty rights are deemed to apply.

For consumers, the time limitation period for claims relating to defects in used items amounts to one year from the delivery of the goods.

For companies, the time limitation period for claims for defects amounts to one year from the transfer of risk. The statutory time limitation periods for the recourse claim under Article 478 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) remain unaffected.

With respect to companies, only our own data and the manufacturer’s product descriptions, as incorporated into the contract, are deemed to be an agreement regarding the quality/characteristics of the goods. We accept no liability for public statements of the manufacturer or other advertising messages.

If the delivered item is defective, we will first fulfil the warranty with respect to companies by eliminating the defect (repair) or by delivering an item free of defects (replacement), according to our choice.

The above restrictions and time limit reductions do not apply for claims based on losses caused by us or our statutory representative or vicarious agents:

  • in the event of loss of life or injury to the body or health;
  • in the event of a breach of obligation due to wilful misconduct, gross negligence or fraud;
  • in the event of a breach of key contractual obligations whose fulfilment makes it possible to correctly perform the contract at all and upon whose fulfilment the contract partner can generally rely (key obligations);
  • in connection with a guarantee undertaking, if one has been agreed;
  • if the area of applicability of the German Product Liability Act (Produkthaftungsgesetz) has been opened up.


You can find information on possibly applicable additional guarantees and their exact terms and conditions in the online shop, by the respective product and on special information pages.

8. Liability

We shall always be liable without limitation for claims based on losses caused by us or our statutory representative or vicarious agents:

  • in the event loss of life or injury to the body or health;
  • in the event of a breach of obligation due to wilful misconduct or gross negligence;
  • where a guarantee undertaking has been agreed;
  • if the area of applicability of the German Product Liability Act (Produkthaftungsgesetz) has been opened up.


In the event of a breach of key contractual obligations whose fulfilment makes it possible to correctly perform the contract at all and upon whose fulfilment the contract partner can generally rely (key obligations) due to minor negligence by us, our statutory representatives or vicarious agents, the amount of the liability shall be limited to the losses foreseeable upon the conclusion of the contract which can typically be expected to occur.

Otherwise, claims for compensation for losses are excluded.

9. Code of conduct

We have undertaken to observe the following Code of Conduct:

Trusted Shops
http://www.trustedshops.de/guetesiegel/einzelkriterien.html

10. Final provisions

If you are a company, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.If you are a trader, in the meaning of the German Commercial Code (Handelsgesetzbuch), a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes stemming from the contractual relationships between us and you is our registered office.    

Open the General Terms and Conditions of Business as PDF-file

 

11. Further consumer information

 You will find further consumer information here.