General terms of business
General business and delivery conditions
the UG Louie’s grünepflaume
§ 1 General
Your contractual partner for all orders within the scope of this online offer is GbR Louie’s grünepflaume, represented by Louis Lowe, Julian Lowe and Kerstin Hansen hereinafter referred to as “Louie’s grünepflaume”. All deliveries from grünpflaume.de to the customer are made on the basis of the following general terms and conditions of business and delivery. These form the basis of all offers and agreements between greenpflaume.com and the customer and are deemed to be accepted for the duration of the entire business relationship. Conflicting or deviating conditions of the buyer are only binding if Louie’s green plum has accepted them in writing.
§ 2 Responsibility for online offer
(1) Louie’s grünepflaume is responsible for the articles and motifs offered at https://gruenepflaume.de/shop/ and the overall design of the shop. The information available at the URL: https://gruenepflaume.de/shop/
represent the article portfolio of Louie’s grünepflaume.
§ 3 Conclusion of contract
(1) The “offers” contained on the website represent a non-binding invitation to the customer to order from Louie’s green plum
(2) By sending the completed order form on the Internet, the customer submits a binding offer to conclude a sales contract. Before the final sending, the customer has the possibility on an overview page to check the correctness of his entries and correct them if necessary. grünepflaume.de then sends the customer an order confirmation by e-mail and checks the offer for its legal and actual feasibility, in particular for a possible infringement of third party property rights. The order confirmation does not constitute an acceptance of the offer, but is only intended to inform the customer that his order has been received by grünpflaume.de. The contract is only concluded when Louie’s green plum sends the ordered product to the customer.
(3) Louie’s grünepflaume reserves the right to refuse received orders within the statutory period of acceptance if it becomes known or suspected during the ordering process that a print motif infringes the rights of third parties or statutory regulations.
(4) The conclusion of the contract is subject to the reservation of timely and complete delivery to ourselves. This reservation shall not apply in the event of short-term delivery disruptions or if green plum.de is responsible for the non-delivery, in particular if Louie’s green plum fails to make a congruent covering transaction in good time. The customer will be informed immediately about the unavailability of the service. If the consideration has been provided by the customer, it will be reimbursed.
§ 4 Delivery/ dispatch
(1) Delivery is generally within 2-7 working days from receipt of the order confirmation by the customer. Delivery dates and delivery periods are only binding if they have been expressly confirmed as such in writing by Louie’s green plum.
(2) The delivery takes place within Germany, anyway within and outside the EU.
(3) Deliveries shall be made by a dispatch service provider to be chosen by Louie’s green plum. The customer has to pay a flat rate for postage, which may depend on the order value and the place of delivery.
§ 5 Prices
(1) For customers from EU countries, the prices quoted are final prices. They contain the accruing statutory taxes, in particular Value added tax. Shipping costs are invoiced separately and shown separately in this invoice. The delivery address is decisive.
(2) For customers outside the EU, all prices quoted are net prices. The delivery address is decisive. If, according to the legal regulations in the recipient country, value-added tax is incurred, this must be paid additionally upon receipt of the goods. Furthermore, import duties may be incurred, which the purchaser must pay additionally upon receipt of the goods.
(3) The customer has to pay shipping costs, which may depend on the order value and the place of delivery.
(4) Purchase price and shipping costs are due immediately without deduction.
§ 6 Payment
(1) Payment shall be made by direct debit (SEPA Basic Mandate), credit card, advance payment, Pay-Pal or other payment methods of the customer’s choice. Louie’s grünepflaume reserves the right to restrict the payment methods that a customer can choose from, depending on order value, shipping region or other objective criteria. In the case of payment by direct debit (SEPA Basic Mandate), Louie’s green plum will send the customer the pre-notification after the order has been placed within the framework of the order confirmation (see § 3 paragraph 2) send. The collection of a direct debit takes place at account-holding banks in Germany, Austria and Spain no earlier than 1 day after sending the advance notice, at account-holding banks in other countries no earlier than 5 days after sending the advance notice.
(2) If the method of payment chosen by the customer is not feasible despite contractual performance on the part of Louie’s grünepflaume, in particular because it is not possible to debit the customer’s account due to a lack of funds in the customer’s account or due to the provision of incorrect data, the customer shall reimburse green plum or the third party commissioned by the customer to process the payment for the additional costs incurred.
(3) grünepflaume.de is entitled to use the services of trustworthy third parties to process the payment:
a) If the customer is in default of payment, grünepflaume.de may assign its claims to a debt collection agency and transfer the personal data required for payment processing to this third party.
b) In the event that a third party is involved in the payment process, the payment shall only be deemed to have been made in relation to grünpflaume.de when the amount has been made available to the third party in accordance with the contract, so that the third party can dispose of it without restriction.
(4) The customer agrees to receive only electronic invoices. The invoices are made available to the customer in PDF format by e-mail.
§ 7 Retention of title
(1) The goods shall remain the property of grünenpflaume.de until the claims to which Louie’s grünepflaume is entitled are settled. If the customer is a merchant within the meaning of the German Commercial Code (HGB), Louie’s grünepflaume reserves title to all delivery items until receipt of all payments from the business relationship.
(2) The customer is obliged to handle the goods with care until the transfer of ownership to him.
§ 8 Warranty
(1) Information, drawings, illustrations, technical data, weight, dimensional and performance descriptions contained in brochures, catalogues, circulars, advertisements or price lists are for information purposes only. grünepflaume.de does not guarantee the correctness of this information. With regard to the type and scope of the delivery, only the information contained in the order confirmation is decisive.
(2) Insofar as there is a defect covered by warranty, the customer is entitled within the framework of the statutory provisions to demand subsequent performance, withdraw from the contract or reduce the purchase price.
(3) In the event of returns due to defects, Louie’s green plum will also pay the postage costs. As soon as the package of plums has been opened, this right does not apply.
(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. Louie’s grünepflaume is therefore not liable for the constant and uninterrupted availability of the online offer.
(5) The customer’s claims arising from the warranty presuppose that the customer, if the customer is a merchant, has fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB.
(6) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. If the customer is an entrepreneur, the limitation period is one year.
§ 9 Limitation of liability
(1) The liability of grünepflaume.de shall be governed by the statutory provisions, unless otherwise provided in these General Terms and Conditions of Business and Delivery. Grünepflaume.de is only liable for damages, for whatever legal reason, in case of intent and gross negligence. In the event of simple negligence and breach of an essential contractual obligation (cardinal obligation), the liability of Louie’s green plum is limited to compensation for the foreseeable, typically occurring damage. Liability under the Product Liability Act remains unaffected by the above provisions.
(2) Insofar as the liability of Louie’s grünepflaume is excluded or limited in these General Terms and Conditions of Business and Delivery, this shall also apply to the personal liability for damages of the employees, workers, staff, representatives and vicarious agents of grünepflaume.de.
§ 10 Information on the right of withdrawal for consumers
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took or has taken possession of the last goods. In order to exercise your right of revocation, you must inform us at Louie’s grünepflaume Grosse Brunnenstraße 113, 22763 Hamburg Germany Tel: +49 1726060144, by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for any additional costs resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract.
The deadline is met if you send the goods before the end of the fourteen-day period. You bear the direct costs of returning the goods. The maximum cost is estimated at around EUR 5. You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.
Exceptions to the right of revocation
§ 12 Technical and design deviations
When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and details in our brochures, catalogues and other written and electronic documents with regard to printing and surface quality, colour, weight, dimensions, design or similar characteristics, provided that these are reasonable for the customer. Reasonable reasons for changes can result from customary commercial fluctuations and technical production processes.
§ 13 Data protection
grünepflaume.de processes personal data of the customer for a specific purpose and in accordance with the legal requirements. The personal data provided for the purpose of ordering goods (such as name, e-mail address, postal address, payment details) will be used by grünepflaume.de to fulfil and process the contract. This data is treated confidentially by Louie’s green plum and is not passed on to third parties who are not involved in the ordering, delivery and payment process. The customer has the right, upon request and free of charge, to receive information about the personal data that has been stored about him/her by grünpflaume.de. In addition, he has the right to correct incorrect data, block and delete his personal data, as long as there is no legal obligation to keep records.
§ 14 Place of jurisdiction – place of performance – choice of law
(1) Place of performance for all deliveries is the storage location of Louie’s grünepflaume in Hamburg.
(2) If the customer is 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 place of jurisdiction is Hamburg. In this case, grünepflaume.de is also entitled to sue the customer at the court of the customer’s place of residence, at the option of grünepflaume.de. The same applies in the event that the customer does not have a general place of jurisdiction in Germany, relocates his domicile or usual place of residence outside Germany after conclusion of the contract or his domicile or usual place of residence is unknown when legal action is filed.
(3) The contract in accordance with these General Terms and Conditions of Business and Delivery shall be governed exclusively by the law of the Federal Republic of Germany. The validity of the UN Sales Convention is excluded. If the customer is a consumer within the meaning of § 13 BGB (German Civil Code) and has his habitual residence abroad, mandatory provisions of this state remain unaffected.
(4) Should individual provisions of these General Terms and Conditions of Business and Delivery be ineffective or contradict the statutory provisions, this shall not affect the rest of the contract.
Alternative Dispute Resolution under Art. 14 para. 1 ODR-VO and § 36 VSBG:The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr We are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.