General Terms and Conditions of Business

 

1. General

The consumer/entrepreneur accepts the following General Terms and Conditions (hereinafter referred to as "GTCs") for the entire business relationship. 

The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his/her commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his or her commercial or self-employed professional activity. 

All deliveries and services are provided exclusively on the basis of the following GTCs in the version valid at the time of the order. The contractual partner is Made with Plants GmbH, Nelkenstr. 11, 85774 Unterföhring, Germany. The GTCs of Made with Plants GmbH, Nelkenstr. 11, 85774 Unterföhring, Germany shall apply exclusively. Questions or complaints in connection with these General Terms and Conditions of Business may be submitted in writing by post or by email hello@hachiko-berlin.com.

Individual agreements made with the consumer in individual cases (including ancillary agreements, supplements and amendments) shall take precedence over these General Terms and Conditions in all cases. Subject to proof to the contrary, a written contract or our written confirmation shall be authoritative for the content of such agreements. 

 

2. Offer, Order and Conclusion of Contract

The product presentation and description in our online shop are not a legally binding offer, but an invitation to order. The customer can select products and collect them in a so-called shopping basket by clicking the "Add to basket" button. By clicking the "Send order" button, the customer places a binding order for the goods contained in the shopping basket. With your order you accept our offer to conclude a contract. All prices include the statutory value added tax. The price valid on the day of the order applies, prices are subject to change. Price reductions/special offers are automatically taken into account. Discounts are generally not granted on special offer and promotional prices, value packs as well as postage and packaging costs. By clicking on the button "Send order", the customer places a binding order for the goods contained in the shopping basket. The customer will immediately receive an email confirming receipt of his order. The purchase contract is concluded with our delivery confirmation or delivery of the goods. 3.

 

3. Inspection/Storage of the Contract text 

The text of the contract is stored, i.e. we store your order, the order data entered and the entire text of the contract. We will send you an order receipt and order confirmation with all order data and the entire contract text by email. You can view the general terms of contract/general terms and conditions at any time on this page. For security reasons, your specific order data cannot be accessed via the Internet.

 

4. Delivery

The goods are usually shipped by Deutsche Post AG or DPD (the customer also accepts alternative shipping companies) - usually within 2 working days after receipt of payment and, if possible, in full. If the desired goods are out of stock at short notice or only available on pre-order, delivery will be delayed accordingly. If an item is out of stock for a longer period of time or generally no longer available, delivery will be made without it.

All information regarding the delivery time is non-binding and is to be understood as a guideline only; if the delivery time is exceeded, there is no entitlement to compensation.

 

5. Terms of Payment

Payment can be made either by:

Google Pay

Apple Pay

Credit card (VISA, Mastercard, Maestro, Amex)

PayPal

Amazon Payment

We reserve the right to exclude individual payment methods. 

When paying by credit card (VISA, Mastercard, Maestro, Amex), you provide us with your credit card details when placing your order. The credit card or the specified account will be charged immediately after the order and your legitimation as a legitimate credit card holder.

For payment with Amazon Pay, you will be redirected to the Amazon website after selecting the payment method. To be able to use the payment method, you must be registered or sign up with Amazon. After you have entered your access data for your Amazon account on the Amazon page, you select the delivery address and the payment method and confirm the payment instruction to us. Finally, you will be redirected back to our shop where you can complete the order process. After you have placed your order, Amazon will ask you to initiate payment.

If you choose to pay via PayPal, you will be redirected to the PayPal website directly from the order process. A payment via PayPal can only be made if you are registered with PayPal or are in the process of registering. You will then be redirected directly to the payment page and confirm the payment instruction to us. PayPal will be contacted after submission of the 

When you place an order, we will prompt you to initiate the payment transaction and will do so automatically.

When paying with Google Pay or Apple Pay, you can initiate the payment transaction via your smartphone or wearable.

For a payment with Google Pay, you must be registered with Google Pay. After selecting the Google Pay payment method, please enter your access data for this and confirm the payment with a payment method you have stored (credit card or giro card). The transaction will be carried out immediately after placing the order. The payment data you have deposited with Google Pay will not be transferred to us.

To pay with Apple Pay, you must be registered with Apple and have activated the „Apple Pay“ function. After selecting the payment method, please enter your Apple account access data to legitimise yourself. Afterwards, please confirm the payment instruction for payment to us with a payment method you have deposited (credit card or giro card). The payment will be made immediately after the order has been placed.

 

6. Online Account (Customer Account) and Password

Orders can be placed with an online account. A further ordering option is as a guest, i.e. without an online account.

In order to place orders via an online account, it is necessary to enter a user name and password. This data may not be passed on to third parties. In the event of disclosure, the registered consumer (customer) shall be liable for the orders placed using the personal data (user name; password) and the resulting claims.

Storage of the contract text

When an order is placed with an online account, the following data is stored: the text of the contract, the information provided by the consumer (customer) on the order process, the applicable version of the General Terms and Conditions. All stored data can be viewed by the consumer (customer) in his/her personal online account.

For orders without an online account, no contract text is stored. 

 

7. Exchange/Complaints

We can only consider complaints such as damage, misreporting or breakage if these have been brought to our attention by email with a confirmation of receipt by return email within 3 days of receipt of the consignment at the latest and have been noted and acknowledged to the delivering delivery service on the original delivery note. Later, the consignment shall be deemed to have been duly accepted. Returns without prior agreement are not permitted and will not be accepted. As a general rule, customers/consumers/orderers must bear the costs of a return shipment.

 

8. Right of Withdrawal/cancellation Policy for Consumers/Customers 

(only for orders within EU European Union)

You may revoke your contractual declaration in writing (e.g. letter, email) within two weeks without stating reasons or by returning the goods. The period begins at the earliest with receipt of this instruction. To comply with the revocation period, it is sufficient to send the revocation or the item in good time. 

If you as a consumer/customer wish to exercise your right of withdrawal, this must be sent to: Made with Plants GmbH, Nelkenstr. 11, 85774 Unterföhring, Germany, email: hello@hachiko-berlin.com, in the form of a clear declaration (e.g. a letter sent by post or email) stating that you wish to cancel the contract. You may use the following model cancellation form, but this is not mandatory. 

To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the cancellation right before the end of the cancellation period.

If you withdraw from this contract, we must refund all payments made by you to us, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which the notification of your withdrawal from this contract is received by us in a legally binding manner and confirmed by us by email. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this repayment. We may refuse to make a repayment until we have received the goods back undamaged and unopened or you have provided proof that the goods have been returned to us, whichever is the earlier. 

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods. If the services received by the customer/consumer cannot be returned in whole or in part or only in a deteriorated condition, the customer/consumer must compensate us for the loss of value. In addition, the customer/consumer can avoid the obligation to pay compensation by not using the goods as if he/she were the owner and by refraining from doing anything that could impair their value. The revocation shall expire prematurely if the contractual partner has commenced the performance of the service with the express consent of the customer/consumer before the end of the revocation period or has arranged for this himself/herself.

 

Sample Cancellation Form

(If you wish to cancel the contract, please fill in this form and send it to us)

Made with Plants GmbH

Nelkenstr. 11

85774 Unterföhring

Germany

 

I hereby revoke the contract I have concluded for the purchase of the following goods:

 

Ordered on (date of order)

Order/invoice no. or date

Name of customer/consumer

 

Address customer/consumer

 

Signature of customer/consumer (only in case of paper communication)

 

Date

 

Exclusion from the right of withdrawal

 

Unless otherwise agreed by the parties, the right of withdrawal does not apply to contracts 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.

 

Revocation is also excluded in the case of

 

goods that are clearly tailored to personal requirements

goods that are manufactured according to customer specifications

goods that are not suitable for return due to their nature

goods that can spoil quickly and whose expiry date would be exceeded

Goods and services that cannot be returned due to their nature.

 

9. Customer Service

We accept questions, complaints or claims exclusively by email: hello@hachiko-berlin.com

 

10. Reservation of Proprietary Rights

The delivered goods remain our property until full payment has been received.

 

11. Right of Set-Off

The customer is not entitled to offset against our claims unless the customer‘s counterclaims have been legally established or are undisputed.

 

12. Changes

We reserve the right to amend the General Terms and Conditions at any time. This also serves improvements and the integration of new services on the pages of hachiko-berlin.com. Consumers/customers are therefore obliged to check the date of the General Terms and Conditions regularly before making a purchase to see whether the General Terms and Conditions have changed.

 

13. Privacy Policy

All customer data including the address will be electronically processed and stored for the purpose of the proper execution of the order in compliance with the relevant provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSSG). This data is of course inaccessible to third parties and will not be passed on by us. The buyer has the right at any time to request information about the data stored in our database, to have the data corrected or deleted. For this purpose, you can contact us at the company address given in the imprint.

 

We do not pass on your personal data, including your home address and email address, to third parties without your express consent, which can be revoked at any time. Exceptions to this are our service partners who require the transmission of data for order processing (e.g. the shipping company commissioned with the delivery and the credit institution commissioned with the payment processing). In these cases, however, the scope of the transmitted data is limited to the minimum required.

 

14. Place of jurisdiction/language of contract/legal system

Place of performance and jurisdiction for both parties is Munich, Germany. The contractual language is German. German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

 

15. Alternative Dispute Resolution and ODR Platform 

 

The European Commission provides a platform for online dispute resolution (OS). This can be reached via the following internet address: https://ec.europa.eu/consumers/odr/. 

We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. The competent consumer arbitration board is the Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Straßburger Straße 8, D-77694 Kehl am Rhein, Germany, Tel.: +49 (0)7851 / 795 79 40, Fax +49 (0) 7851 / 795 79 41, E-Mail: mail@universalschlichtungsstelle.de, Web: www.verbraucher-schlichter.de.

 

16. Disclaimer

Made with Plants GmbH constantly checks and updates the information on its website. Despite all care, the data may have changed in the meantime. Therefore, no liability or guarantee can be assumed for the topicality, correctness and completeness of the information provided. The same applies to all other websites referred to by hyperlink. Made with Plant GmbH is not responsible for the content of websites accessed via such links.

 

17. Miscellaneous

Should one or more of the above conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining conditions. Rather, the latter shall be replaced by one that corresponds to or comes as close as possible to the economic purpose of the invalid terms and conditions.

 

September 2022