055 - Plant Set

§ 1 Scope, Customer Base, Language

(1) All offers, purchase contracts, deliveries, and services based on orders placed by our customers via our online shop www.profsaracoglu.de are subject to these General Terms and Conditions.

(2) The product range in our online shop is aimed equally at consumers and entrepreneurs, but only at end customers. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 para. 1 BGB).

(3) Customer's terms and conditions do not apply, even if we do not separately object to their validity in individual cases.

(4) Contracts with the customer are concluded in German.

§ 2 Conclusion of Contract

(1) Our offers in the online shop are non-binding.

(2) By placing an order in the online shop, the customer makes a binding offer to purchase the respective product. We can accept the offer until the end of the third working day following the day of the offer.

(3) We will immediately send the customer a confirmation of receipt of the offer, which does not constitute acceptance of the offer. The offer is only deemed accepted by us once we declare acceptance to the customer (via e-mail) or dispatch the goods. The purchase contract is only concluded upon our acceptance.

(4) Every customer who is a consumer is entitled to withdraw from the offer in accordance with the cancellation policy and to return the goods.

§ 3 Prices and Payment

(1) Our prices include the statutory sales tax, but not shipping costs. Customs duties and similar charges shall be borne by the customer.

(2) Unless expressly agreed otherwise, we only deliver against advance payment in the manner specified in the online shop. The accepted payment methods will be displayed to the customer during the ordering process.

(3) The customer is not entitled to any right of set-off or retention unless the counterclaim is undisputed or has been legally established.

§ 4 Dispatch of Goods

(1) Deadlines and dates stated by us for the dispatch of goods are always approximate and may therefore be exceeded by up to two working days. This does not apply if a fixed shipping date has been agreed.

(2) All delivery periods begin: (a) if delivery against advance payment has been agreed, on the day of receipt of the full purchase price (including sales tax and shipping costs), or (b) if payment by invoice has been agreed, on the day of the conclusion of the purchase contract.

(3) The day the goods are handed over to the shipping company is decisive for compliance with the shipping date.

(4) Even if goods are marked as "in stock", we are entitled to sell them at any time. In these cases, dispatch within the agreed or stated period will only take place as long as stocks last.

(5) If the goods are not available or not available in time, we will inform the customer immediately. In the event of a withdrawal, we will immediately refund any payments made by the customer to us.

(6) We are entitled to make partial deliveries, whereby we will bear the additional shipping costs incurred thereby.

§ 5 Shipping, Insurance and Transfer of Risk

(1) Unless expressly agreed otherwise, we determine the shipping method and the transport company at our reasonable discretion.

(2) We owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company.

(3) If the customer is a consumer, the risk of accidental loss, accidental damage, or accidental deterioration of the delivered goods passes to the customer at the time the goods are delivered to the customer.

(4) We will insure the goods against the usual transport risks at our expense.

§ 6 Retention of Title

(1) We reserve ownership of the goods delivered by us until full payment of the purchase price (including sales tax and shipping costs).

(2) The customer is not entitled to resell the goods subject to retention of title without our prior written consent.

§ 7 Warranty

(1) If the delivered goods are defective, the customer may initially demand from us the rectification of the defect or the delivery of defect-free goods (subsequent performance).

(2) If the subsequent performance fails or is unreasonable for the customer, the customer is entitled to withdraw from the purchase contract, reduce the purchase price, or demand damages.

(3) The warranty period is two years from delivery.

(4) For entrepreneurs, the following applies: The customer must inspect the goods carefully immediately after shipment. The delivered goods are deemed approved if a defect is not notified to us (i) in the case of obvious defects within five working days of delivery or (ii) otherwise within five working days of discovery.

§ 8 Liability

(1) We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act.

(2) In cases of slight negligence, we are only liable for the violation of essential contractual obligations (cardinal obligations). In this case, liability is limited to the typical, foreseeable damage of the contract.

(3) Our liability for delay in delivery is excluded – except in cases of intent or gross negligence.

(4) We are not liable for damages that are typically not to be expected under normal use of the goods.

(5) The above limitations of liability do not apply to damages resulting from injury to life, body, or health.

§ 9 Right of Withdrawal

Consumers have a statutory right of withdrawal. The details can be found in our cancellation policy, which is part of these GTC.

§ 10 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Gütersloh, Germany.

(3) Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective.

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

(5) We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Status: July 2026