Terms of Service
Terms of Service
1. Scope
The following terms and conditions 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 who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with Vistagarden GmbH.
By placing the products in the online shop, we are submitting a binding offer to conclude a contract for these items. 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 in the order process. The contract is concluded when you click the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the contract text and send you the order data and our terms and conditions by email. You can also view and download the terms and conditions here on this page at any time. You can view your past orders in our customer login.
4. Terms of delivery
In addition to the stated product prices, there are also shipping costs. You can find out more about the amount of shipping costs in the offers.
We only deliver by post. Unfortunately, a self collection of the product is not possible.
We do not deliver to packing stations.
5. Payment
The following payment methods are generally available in our shop:
Cash on delivery
You pay the purchase price directly to the deliverer. When paying by cash on delivery, additional fees of € 5.60 plus VAT apply in addition to the package price.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment order to PayPal.
If you have chosen the PayPal payment method, in order to be able to pay the invoice amount, you must be registered there or first register and legitimize with your access data. The payment transaction is automatically carried out by PayPal immediately after the payment order has been confirmed. You'll get more information during the ordering process.
If you have chosen the credit card payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal and your card will be debited immediately after confirmation of the payment order and after your legitimation as the legitimate cardholder. You'll get more information during the ordering process.
If you have chosen the direct debit payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. You will be informed by PayPal of the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You'll get more information during the ordering process.
If you have chosen the invoice payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claims to PayPal. In this case, you can only pay to PayPal with a debt-discharging effect. For payment processing via PayPal - in addition to our terms and conditions - the terms and conditions and the privacy policy of PayPal apply. Further information and the complete terms and conditions of PayPal for purchase on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.
Instant bank transfer
After placing the order, you will be redirected to the website of the online provider SOFORT Überweisung. In order to be able to pay the invoice amount via SOFORT Überweisung, you must have an online banking account with PIN / TAN that has been activated for participation in SOFORT Überweisung, identify yourself accordingly and confirm the payment instruction to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by SOFORT Überweisung and your account will be debited.
6. Transport damage
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
7. Warranties and Guarantees
Unless otherwise expressly agreed below, the statutory right to liability for defects applies. For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
With regard to entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our option, by eliminating the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, body or health
in the event of willful or grossly negligent breach of duty as well as malice
in the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the contractual partner can regularly rely (cardinal obligations)
as part of a guarantee promise, if agreed
as far as the scope of the product liability law is opened.
Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.
8. Liability
We are always unrestrictedly liable for claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, body or health,
in the event of willful or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
as far as the scope of the product liability law is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded Damage limited, the occurrence of which can typically be expected. In addition, claims for damages are excluded.
9. Dispute Resolution
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution, which you can find at http://ec.europa.eu/consumers/odr/. We are ready to take part in an out-of-court arbitration process.
10. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN sales law.
If you are a merchant within the meaning of the Commercial Code, 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.
Terms and conditions created with the Trusted Shops legal writer in cooperation with Wilde Beuger Solmecke Rechtsanwälte.
1. Scope
The following terms and conditions 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 who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with Vistagarden GmbH.
By placing the products in the online shop, we are submitting a binding offer to conclude a contract for these items. 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 in the order process. The contract is concluded when you click the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the contract text and send you the order data and our terms and conditions by email. You can also view and download the terms and conditions here on this page at any time. You can view your past orders in our customer login.
4. Terms of delivery
In addition to the stated product prices, there are also shipping costs. You can find out more about the amount of shipping costs in the offers.
We only deliver by post. Unfortunately, a self collection of the product is not possible.
We do not deliver to packing stations.
5. Payment
The following payment methods are generally available in our shop:
Cash on delivery
You pay the purchase price directly to the deliverer. When paying by cash on delivery, additional fees of € 5.60 plus VAT apply in addition to the package price.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment order to PayPal.
If you have chosen the PayPal payment method, in order to be able to pay the invoice amount, you must be registered there or first register and legitimize with your access data. The payment transaction is automatically carried out by PayPal immediately after the payment order has been confirmed. You'll get more information during the ordering process.
If you have chosen the credit card payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal and your card will be debited immediately after confirmation of the payment order and after your legitimation as the legitimate cardholder. You'll get more information during the ordering process.
If you have chosen the direct debit payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. You will be informed by PayPal of the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You'll get more information during the ordering process.
If you have chosen the invoice payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claims to PayPal. In this case, you can only pay to PayPal with a debt-discharging effect. For payment processing via PayPal - in addition to our terms and conditions - the terms and conditions and the privacy policy of PayPal apply. Further information and the complete terms and conditions of PayPal for purchase on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.
Instant bank transfer
After placing the order, you will be redirected to the website of the online provider SOFORT Überweisung. In order to be able to pay the invoice amount via SOFORT Überweisung, you must have an online banking account with PIN / TAN that has been activated for participation in SOFORT Überweisung, identify yourself accordingly and confirm the payment instruction to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by SOFORT Überweisung and your account will be debited.
6. Transport damage
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
7. Warranties and Guarantees
Unless otherwise expressly agreed below, the statutory right to liability for defects applies. For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
With regard to entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our option, by eliminating the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, body or health
in the event of willful or grossly negligent breach of duty as well as malice
in the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the contractual partner can regularly rely (cardinal obligations)
as part of a guarantee promise, if agreed
as far as the scope of the product liability law is opened.
Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.
8. Liability
We are always unrestrictedly liable for claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, body or health,
in the event of willful or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
as far as the scope of the product liability law is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded Damage limited, the occurrence of which can typically be expected. In addition, claims for damages are excluded.
9. Dispute Resolution
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution, which you can find at http://ec.europa.eu/consumers/odr/. We are ready to take part in an out-of-court arbitration process.
10. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN sales law.
If you are a merchant within the meaning of the Commercial Code, 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.
Terms and conditions created with the Trusted Shops legal writer in cooperation with Wilde Beuger Solmecke Rechtsanwälte.