General Terms and Conditions (GTC)

1. Scope
2. Contractual Partners and Conclusion of Contract
3. Prices and Sizes
4. Replacement
5. Contract Language, Storage of Contract Text
6. Retention of Title
7. Delivery Conditions
8. Payment Terms
9. Warranty
10. Transport Damage
11. Online Dispute Resolution (Art. 14 (1) ODR Regulation)
12. Data Protection

1. Scope

The following conditions apply to all orders of goods offered in our online shop.

2.2 Conclusion of Contract / Customer Account
The product presentations in the online shop are binding purchase offers. By completing the purchase, you accept the purchase offer bindingly. To accept a purchase offer, you must press the "Complete Purchase" button in the order process.

3. Prices and Sizes

The prices are in € and, for plants, relate to size and age. If the desired price range is sold out, we will select the next higher or lower one.

We gladly inform you about any even minor deviation from size and price if you let us know in the field "Your message to us".

4. Replacement

We do not send replacements on our own for sold-out items. If you wish for similar items as replacements at our discretion, please let us know in the field "Your message to us".

5. Contract Language, Storage of the Contract Text

The language available for the conclusion of the contract is German.
Cactus Nursery Albert Plapp stores the order data and sends it to you by email. The current terms and conditions can also be viewed and printed at any time in our shop. You can change or cancel your orders at any time during the ordering process. The contract text is stored on our own system.

6. Retention of Title

The delivered goods remain our property until full payment is received.

7. Delivery Conditions

7.1 Delivery is made while stocks last.

7.2 Shipping is carried out by Post/DHL at the recipient's expense and risk.

7.3 Delivery Times
Each order is processed quickly and carefully in the order in which it is received.
Delivery time is approximately 7-14 working days after receipt of payment.

7.4 Right of Withdrawal
If the delivery of the goods fails due to your fault, we can withdraw from the contract. Any payments made will be refunded to you immediately.

7.5 Shipments outside the European Union
with plants always require a phytosanitary certificate. This delays the delivery time by at least 1 week.

8. Terms of Payment

8.1 Payment Methods
Payment is made via the payment processing of the offered payment methods and conditions. You can view the currently offered payment methods at any time under "Payment Options" on all shop pages.

8.2 Exclusion of Individual Payment Methods
We reserve the right to exclude individual payment methods. The available payment methods are available as an option in the ordering process. Please also refer to the information in our Privacy Policy under "Privacy".

8.3 Payment Term
The invoice amount is to be transferred to our bank or PayPal account within 7 days (from payment request). After the deadline expires, the customer is in default.

9. Warranty

Unless expressly agreed otherwise below, the statutory defect liability law applies.

We always strive to serve you impeccably. Our plants meet strict quality criteria and are therefore in a healthy and optimal condition.
If you have any reason for complaint despite all our care, please contact us immediately.

10. Transport Damage

If goods with obvious transport damage are delivered, please report such errors immediately to the deliverer and please contact us as soon as possible. Failure to report or contact us has no consequences for your legal claims and their enforcement, particularly warranty rights. You help us assert our own claims against the carrier or the transport insurance.

11. Online Dispute Resolution (Art. 14 Abs. 1 ODR Regulation)

The European Commission provides a platform for online dispute resolution ("ODR Platform") at https://ec.europa.eu/consumers/odr/.

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Notice under § 37 of the Consumer Dispute Resolution Act (VSBG)

The consumer arbitration board responsible for us is the General Consumer Arbitration Board of the Center for Arbitration e.V. (Strasbourg Street 8, 77694 Kehl am Rhein, Phone 07851 / 795 79 40, E-Mail mail@verbraucher-schlichter.de)

We do not participate in consumer arbitration proceedings before the aforementioned consumer arbitration board in accordance with the Consumer Dispute Resolution Act

12. Data Protection

I agree that the personal data necessary for order processing and archiving will be stored on data carriers. I expressly consent to the collection, processing, and use of my personal data.

I can revoke this consent at any time with effect for the future by having my account deleted by customer service.

The data processing is carried out in compliance with the Telemedia Act (TMG). All data will be treated confidentially. Without your express consent or without a legal basis, your personal data will not be passed on to third parties outside the contractual processing.