General Terms and Conditions of Business & customer information
I. General Terms and Conditions of Business
1 Basic provisions
(1) The following Terms and Conditions of Business shall apply to contracts which you conclude with us as supplier (Leaf Culture GmbH) via the Metro Internet platform. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may have used is objected to.
(2) A consumer in the sense of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his commercial nor his self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) If an article is placed by us with Metro, the activation of the offer page with Metro constitutes the non-binding offer to conclude a purchase contract under the conditions contained on the article page (product description).
(3) You can submit a binding purchase offer (order) via the shopping cart system or the 1-Click order function.
In the shopping cart system facilitated for the purchase and subsequent payment for the purchase, the goods intended for purchase are placed in the “shopping cart”.
After clicking the “Checkout” button and entering all the data requested, as well as selecting the payment method and shipping address, all order data is displayed again on the order overview. Before submitting the order, you have the opportunity to check and change all details again or to cancel the purchase using the “back function” of the browser or website if necessarily provided. By clicking on the “buy now” button, you submit a binding offer to us for the purchase of goods that have been placed in the cart erstwhile during check out.
When using the 1-Click order function, you have the possibility to place the order directly from the product detail page or the product offer list. Before submitting your order, you can change the delivery address and – if applicable – the number of selected items or cancel the purchase using the “back function” of your browser or website if necessarily provided.
By clicking on the button “Buy now with 1-Click®” or “Buy with 1-Click®”, you submit a binding purchase offer (order).
(4) After submitting your order, you will receive an automatic confirmation by e-mail from Metro that the offer has been received by Leaf Culture GmbH. The order confirmation does not yet lead to the conclusion of the contract with Leaf Culture GmbH.
(5) The acceptance of the offer (and thus the conclusion of the contract) is effected by e-mail from Metro in which we confirm the dispatch of the goods. If you have not received a shipping confirmation within 2 days you are no longer bound to your order. In this case, any services already rendered will be refunded immediately.
(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
3 Right of retention – retention of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. If you do not properly fulfil your payment obligations, however, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
(1) The statutory rights to liability for defects exist.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible within 14 days. If you fail to do so, this will not affect your statutory warranty claims.
(3) If you are an entrepreneur, the above warranty regulations shall apply in deviation from the above:
a) Only our own information and the manufacturer’s product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion either by rectification of the defect or by subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The removal of the defect is considered to have failed after a second unsuccessful attempt, unless something else results from the type of item or defect or other circumstances. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, unless the transfer is in accordance with the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
– for culpably caused damages attributable to us from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– in the case of statutory rights of recourse which you have against us in connection with rights of defect.
d) The goods are to be handled reasonably CAREFULLY ensure the integrity, goods having a biological ingredient are to be stored in place void of moisture to ensure the usability of the goods.
5 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. customer information
1. Identity of the seller
Leaf Culture GmbH
Platz der Republik 2,
60327 Frankfurt am Main,
Phone: +49 6101 9950737
Alternative dispute resolution:
The European Commission provides a platform for the extrajudicial online settlement of disputes (OS platform), available at ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations “Conclusion of the contract” of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1 Contract language is German .
3.2 The complete contract text is not stored by us. Before sending the order, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions of Business will be sent to you again by e-mail.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services are to be found in the respective offer.
5. Prices and terms of payment
5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs are included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free delivery has been promised.
5.3 Any costs arising from the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but payment was arranged outside the European Union.
5.4 The payment methods available to you – direct debit or credit card – are shown under a correspondingly designated button on our website or in the respective offer.
Payment is processed via the payment system – by Metro. Your bank account or credit card will be charged after the goods have been shipped.
5.5 Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
As far as no other deadline is indicated in the article description or under “Shipping costs” in the shipping costs table, the delivery of the goods will be carried out within 3-5 days after conclusion of the contract (in case of agreed prepayment, however, only after the date of your payment instruction).
6.2 As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipping is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
If you are an entrepreneur, the delivery and dispatch is at your risk.
7. legal liability for defects
Liability for defects is based on the “Warranty” provision in our General Terms and Conditions of Business (Part I).
Copyright © 2020 Leaf Culture GmbH. All rights reserved.
Conditions of withdrawal
1 Right of withdrawal for consumers and voluntary return conditions
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed to them)
2 Cancellation policy
2.1 Right of withdrawal
You have the right to cancel this contract within 14 days without giving reasons.
The revocation period is 14 days from the day of revocation,
– at which you or a third party designated by you, other than the carrier, have taken possession of the goods, provided that you have ordered one or more goods under a single order and that the goods are delivered under a single delivery;
– at which you or a third party designated by you, other than the carrier, took possession of the last of the goods, provided that you have ordered several goods under a single order and they are delivered separately;
In order to exercise your right of revocation, you must inform us ( Leaf Culture GmbH, Platz der Republik 2, 60327 Frankfurt am Main, e-mail address: email@example.com ) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached model revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
2.2 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 to the cheapest standard delivery offered by us), without delay and no later than 14 days from the date on which we receive notification 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 to make any 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 event no later than 14 days from the date on which you notify us of the cancellation of this Agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the 14-day period. You shall bear the direct costs of returning the goods.
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 that is not necessary for the purpose of checking their condition, properties and functionality.
2.3 Grounds for exclusion or extinction
The right of withdrawal does not apply to contracts
– for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
– for the supply of goods which may spoil quickly or whose expiry date would be quickly exceeded;
– the supply of alcoholic beverages whose price was agreed at the time of conclusion of the contract but which can be supplied no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no control;
– for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
The right of withdrawal expires prematurely for 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;
– for the delivery of goods if they have been inseparably mixed with other goods after delivery because of their nature;
– for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
3 Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
Leaf Culture GmbH,
e-mail address: firstname.lastname@example.org
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*) Ordered on (*)/ received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of paper notification)
(*) Delete as applicable.
* Please note: Products from the areas of clothing, shoes and handbags are only eligible for free return shipping if they are marked on the detail page of the item after selecting color and/or size next to the price with the note “free return shipping”.
In any case, you bear the transport risk for the return shipment. These return conditions do not limit your legal rights and therefore also not your right of withdrawal.
Copyright © 2022 Leaf Culture GmbH. All rights reserved.