DeutschTerms & Conditions
1.Scope of Application
For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting Party, Conclusion of Contract
The purchase contract is concluded with Treez GmbH Riegerweg 26, 82024 Taufkirchen.
By placing our products in the online store, we make a binding offer to conclude a contract for our items. As long as the items are in the shopping cart, no contract is concluded. This only happens when you, as the buyer, press the “Buy” button and thus accept our offer for the items you have selected. As soon as your order has been successfully transmitted to us, you will receive a confirmation by e-mail.
Your order is made in the following steps:
1) Selection of the desired goods
2) Confirm by clicking the “Order” buttons
3) Checking the information in the shopping cart
4) Pressing the button “Proceed to checkout
4) Pressing the button “Proceed to checkout
6) Binding sending of the order by clicking on the button “order with costs” or “buy”.
The buyer can before the binding submission of his order by pressing the “Back” button of his browser after checking his details to return to the Internet page on which his details are recorded and correct input errors or cancel the order process by closing the Internet browser.
We confirm the receipt of the order immediately by an automatically generated e-mail (“order confirmation”).
3. Contract Language, Contract Text Storage
The language available for the conclusion of the contract is German. We do not store the text of the contract.
4. Prices, Delivery Conditions and Transport Damages
The stated prices include the statutory sales tax and other price components. Depending on the order quantity, shipping costs may apply. These may be in addition to the stated product prices. You can find more information about shipping costs on the product pages in the store.
The shipment is carried out by an external service provider, Endower GmbH. With the conclusion of the contract, you expressly agree to the transfer of your data required for shipping to Endower GmbH.
We deliver only by shipping. The selection of the shipping service provider is incumbent on us. As a rule, the shipment will be made via DHL Paket GmbH. A self-collection of the goods is unfortunately not possible.
The following applies to consumers: Obvious transport damage must be claimed directly from the delivery company and we must be contacted immediately. However, there is no legal obligation – the statutory warranty and cancellation rights remain unaffected.
For entrepreneurs, § 377 of the German Commercial Code (HGB) shall apply with the proviso that the risk of accidental loss and accidental deterioration shall pass to the entrepreneur as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. He shall be subject to the obligation to inspect the goods and to give notice of defects in accordance with the German Commercial Code (HGB). The goods shall be deemed to have been approved if the latter fails to give the notice of defect stipulated therein – unless the defect was not recognizable during the inspection. If the defect was fraudulently concealed by us, this provision shall not apply.
5. Payment
All legal disputes related to card processing will be handled under German law.
6. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal. You can find this under the button “Cancellation policy”.
7. Warranty and Guarantees
In principle, the statutory warranty period for movable goods is two years. Within this period, rights for defects can be asserted. In the case of consumer products, the buyer [the purchaser] must pay attention to the minimum durability dates.
8. Liability
We shall be liable in cases of intent or gross negligence on our part or on the part of one of our representatives or vicarious agents as well as in cases of culpably caused injury to life, body or health in accordance with the statutory provisions. Otherwise, we shall only be liable under the Product Liability Act, for culpable breach of material contractual obligations or insofar as we have fraudulently concealed a defect or assumed a guarantee for the quality of the delivery item. However, the claim for damages for the culpable breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract.
The aforementioned provisions of the shall apply to all claims for damages (in particular for damages in addition to performance and damages in lieu of performance), irrespective of the legal grounds, in particular due to defects, the breach of duties arising from the obligation or from tort. They shall also apply to the claim for reimbursement of futile expenses. Our liability shall be limited to the amount of the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
9. Reservation of Ownership
Until full payment ordered goods remain our property.
For business transactions with entrepreneurs, the following shall apply: As long as not all claims from our current business relationship have been settled, we shall retain title to the goods.
Buyers [Käuferinnen] may resell goods subject to retention of title in the ordinary course of business. Should claims arise within the scope of the resale, these shall be assigned to us in advance in the amount of the invoice amount – irrespective of any combination or mixing of the reserved goods with a new item. We accept this assignment. Should the buyer [die Käuferin] [the purchaser] fail to meet payment obligations towards us, we shall be entitled to collect these ourselves.
10. Dispute Resolution
We do not participate in dispute resolution proceedings before a consumer arbitration board.
11. Protection of Minors in Accordance with German Youth Protection Act (JuSchG)
The Bundestag has passed the following law with the consent of the Bundesrat: (1) For the purposes of this Act 1. Children are persons who are not yet 14 years old. 2. Adolescents are persons who are 14 but not yet 18 years old, 3. Is person entitled to custody, who alone or together with another person is entitled to custody according to the provisions of the Civil Code, 4. Is a person responsible for upbringing, any person over 18 years of age, insofar as he or she performs upbringing tasks permanently or temporarily on the basis of an agreement with the person having the right of care or insofar as he or she looks after a child or a young person within the framework of education or youth welfare. (2) For the purposes of this Act, “carrier media” means media containing texts, images or sounds on tangible carriers which are suitable for distribution, intended for direct perception or incorporated in a presentation or play device. Electronic distribution, provision, offering or making available shall be deemed equivalent to the actual distribution, provision, offering or making available of carrier media, unless it is broadcasting within the meaning of Section 2 of the Interstate Broadcasting Treaty.
(3) Telemedia within the meaning of this Act are media that are transmitted or made accessible in accordance with the Telemedia Act. The provision of own or third-party content shall be deemed to be transmission or making available within the meaning of sentence 1.
(4) For the purposes of this Act, “mail order” shall mean any paid transaction carried out by ordering and sending goods by mail or electronic means without personal contact between the supplier and the customer or without technical or other precautions being taken to ensure that the goods are not sent to children and adolescents.
(5) The provisions of sections 2 to 14 of this Act shall not apply to married juveniles.
Audit and Verfication Requirments
(1) Insofar as the accompaniment by a person authorized to educate is required by this Act, the persons named in § 1, subsection 1, no. 4, shall present their authorization upon request. Organizers and traders shall verify the authorization in cases of doubt.
(2) Persons for whom age limits are to be observed under this Act shall prove their age in a suitable manner upon request. Organizers and traders shall verify the age in cases of doubt.
Smoking in public, tobacco products
(1) Tobacco products and other products containing nicotine and their containers may not be distributed to children or adolescents in restaurants, points of sale or otherwise in public, nor may they be permitted to smoke or consume products containing nicotine.
(1) Tobacco products and other products containing nicotine and their containers may not be distributed to children or adolescents in restaurants, points of sale or otherwise in public, nor may they be permitted to smoke or consume products containing nicotine. (2) Tobacco products and other products containing nicotine and their containers may not be offered in vending machines in public. This shall not apply if a vending machine 1. is installed in a place inaccessible to children and adolescents, or 2. it is ensured by technical devices or by constant supervision that children and adolescents cannot remove tobacco products and other nicotine-containing products and their containers.
(3) Tobacco products and other products containing nicotine and their containers may neither be offered to children and adolescents by mail order nor supplied to children and adolescents by mail order.
(4) Paragraphs (1) to (3) shall also apply to nicotine-free products, such as electronic cigarettes or electronic shishas, in which liquid is vaporized by an electronic heating element and the resulting aerosols are inhaled by mouth, and to their containers.
12. Final Clauses
As an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Buyers who meet the requirements of 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 shall be our place of business.
Treez GmbH
Riegerweg 26, 82024 Taufkirchen, Germany
info@treezclub.com