General business terms
General terms and conditions
1. Scope
For all orders of goods offered in our online shop the following conditions apply.
2. Contractors and Conclusion
2.1 Contractors
The contract is concluded with
Kakteengärtnerei Albert Plapp
Drosselweg 7-9
84178 Kröning
Deutschland
Proprietor: Albert Plapp
Tel.: +49 87448 366, E-Mail: ferobergia@aol.com
VAT ID number: DE198607769
2.2 Conclusion / Account
The product descriptions in the online shop do not constitute binding offers to buy. By completing the purchase you accept the offer binding. To accept an offer, you have to press the "Complete purchase" button in the ordering process.
3. Prices and sizes
The prices are in € and relate to plant size and age.
Once the desired price range is out of stock, we will select the next higher or lower.
We will inform you well in any case even the smallest deviation of size and price, if you report this in the field "Your message for us".
4. Replacement
If items not in stock we do not send substitutes. If you prefer replacement at our choice, let us know in the "Your message for us" box.
5. Contract Language, Storage of contract
The language available for the contract is German.
Kakteengärtnerei Albert Plapp stores the order data and sends them to you by e-mail. You can also view and print the current terms and conditions at any time in our shop. You can change or cancel your orders at any time during the ordering process. The text of the contract is stored on our own system.
6. Retention of title
The delivered goods remain our property until full payment.
7. Delivery
7.1 Delivery, while stocks last.
7.2 Delivery by Deutsche Post / DHL at the expense and risk of the recipient.
7.3 Delivery Times
Each order is processed quickly and carefully in order of receipt. The current delivery time is displayed in the webshop. It applies to deliveries to Germany. Delivery times for other countries and information on the calculation of the delivery date can be found here: Shipping charges, returns, delivery times
7.4 Right of withdrawal
Should the delivery of the goods fail, through your fault, we can withdraw from the contract. If necessary, Payments will be refunded immediately.
7.5 Shipments outside European Union EU
with plants require a phytosanitary certificate. This delays the delivery time by at least 1 week.
The risk turns on the buyer (outside the EU) with sending off the plants by the KAKTEENGAERTNEREI ALBERT PLAPP or an authorized representative.
Buyers from North and Central and South America, Russia, China and other Asian countries order on their own risk (import licensing, customs regulations, etc.).
We do not take any responsibility for shipment.
If you do not agree, please do not make your order to us
For all other countries Pytosanitary certification is necessary including Cyprus (Turky part), Canary Islands, Far Oer Island, Gibraltar and Channel Islands, Andorra and San Marino (costs 29.00 EURO ).
All shipments without Phytosanitary certificate will be shipped totally on the customers risk. In no way Kakteengaertnerei Albert Plapp is responsable for non-arrival or custom confiscation. We will not refund or re-send plants and we also will not accept return parcels sent back from customs from your country !!
CITES appendix I plants are dispatched only within the EU.
We reserve us the right to make a partial delivery if this appears favourable for a brisk handling. By our customers desired special dispatching forms are calculated with local addition.
Dispatch on account only within the FRG for already registered costumers.
With payment in advance please wait for our invoice!
8. Payment
8.1 Payment
Payment is made through the payment process of payment and terms offered. The currently offered payment methods can be viewed at any time under "payment options" on all shop pages.
8.2 Exclusion of individual payment
We reserve the right to exclude individual payment. The available payment methods are available as an option in the order process available. Please refer to the notes in our Privacy Policy under "Privacy".
8.3 Payment Objective
The invoice amount is to be transferred within 7 days (from payment request) to our bank or Paypal account. After the deadline, the customer is in default of payment.
9. Warranty
Unless hereinafter expressly agreed otherwise, the statutory warranty rights apply.
We always strive to properly operate. Our plants meet strict quality criteria and are therefore in a healthy and the best possible condition.
So if you, despite all care have our part reason for complaint, please contact immediately with us.
10. Transport damage
If goods are delivered with obvious damages, please file a complaint such errors immediately to the deliverer and please take as soon as possible to contact us. The failure of a complaint or contact has for your legal rights and their enforcement, in particular warranty rights no consequences. This will help us to make our own claims against the carrier or the transport insurance.
11. Online dispute resolution (Art. 14 para. 1 ODR Regulation)
The European Commission under https://ec.europa.eu/consumers/odr/ provides a platform for online dispute resolution ( 'ODR platform').
12. Data protection
I agree that personal data necessary for order and order processing as well as archiving may be stored on data carriers. I expressly agree 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.
Data is processed in compliance with the German Telemedia Act (TMG). All data will be treated confidentially. Without your explicit consent or without legal basis your personal data will not be passed on to third parties outside the contract processing.
