General terms and conditions of business
1. ScopeAs of: October 2022
The General Terms and Conditions (hereinafter “Terms and Conditions”) apply to everyone in the Planted Foods GmbH online shop. Birkenstr. 22 10559 Berlin, Germany (hereinafter “ Planted ” or “ we ”) placed orders and concluded contracts. We reserve the right to change the terms and conditions. The version of the General Terms and Conditions valid at the time of the order is decisive, which cannot be changed unilaterally for this order.
2. OfferThe offer is aimed at natural persons with residency or legal entities based [in the EU] (hereinafter “clients” or “you”). Deliveries are only made to addresses [in the EU]. The offer is valid as long as it is visible in the online shop and stocks last. Price and range changes are possible at any time. The images shown in advertising, brochures, the online shop, etc. are for illustration purposes and are non-binding. The specific information on the product packaging is decisive.
3rd prizeThe prices are stated in euros and include statutory value added tax (VAT). The price in the online shop at the time of ordering is decisive.
4. Payment options1. Electronic means of payment
The payment methods offered in the online shop are accepted as payment methods.
2. Purchase on account
Planted may, at its sole discretion, offer payment by invoice (with or without an installment payment option). We can make this method of payment dependent on a positive credit check and other conditions determined at our discretion (e.g. minimum age, place of residence). You are not entitled to payment on account or in installments. For the purpose of a credit check, personal data is recorded and passed on to the company responsible for the credit check. We offer you the opportunity to pay for the goods and services you have ordered from us using POWERPAY’s “purchase on account”. This is a third-party service, whereby the following general terms and conditions apply for deliveries to Austria and the following general terms and conditions apply for deliveries to Germany. We also refer to the data protection regulations and the cancellation policy in connection with “POWERPAY purchase on account”. When completing the order using “purchase on account”, POWERPAY takes over the processing of the resulting invoice claim and handles the corresponding payment modalities. You will receive the individual invoice free of charge by email. With the individual invoice you can easily pay for your online purchase by invoice within the specified payment period. In the event of late payment, Planted is not obliged to respond to new orders or fulfill outstanding deliveries. Planted reserves the right to charge reminder fees and late payment interest. All expenses incurred in connection with the collection of overdue claims are borne by the customer. If reminders are unsuccessful, the invoice amounts can be assigned to a company responsible for debt collection. The company responsible for debt collection will claim the outstanding amounts in its own name and on its own account and may charge additional processing fees and late payment interest from the due date.
5. OrderThe presentation of the products in the online shop is not a legally binding application, but rather a non-binding invitation to customers to order the product in the online shop. After submitting the order, you will automatically receive a confirmation of receipt documenting that the order has been received by Planted. You can only add or cancel the order until it is processed in one of our logistics centers. If an order is supplemented, the original order is used as the basis for calculation, but possible special offers and discounts at the time of the supplement are not taken into account. Planted is free to reject orders in whole or in part without giving reasons. In this case you will be informed and payments already made will be refunded. Further claims are excluded; in particular, products that cannot be delivered will not be forwarded. Products that are temporarily unavailable cannot be reserved.
6. Conclusion of contractThe contract is only concluded when the order is processed in Planted's logistics center. As soon as the order has been prepared for shipping, you will receive an order confirmation by email.
7. Delivery times1. Delivery area
Your delivery address must be in the EU. We only deliver by mail. Unfortunately, a self collection of the product is not possible. We do not deliver to packing stations.
2. Delivery times
As part of the product description in the online shop, we indicate the delivery time within which the product can be delivered. It is not possible to determine an exact delivery time within the delivery period. Time deviations and the blocking of a specific delivery date are possible, especially on peak days with exceptionally high delivery volumes.
3. Delivery costs
The delivery costs depend on the value of the products ordered (minimum order value excluding delivery costs, deposits and credits). The delivery costs communicated in the online shop apply. The delivery costs are listed as an additional item in the shopping cart and on the invoice.
8. WarrantyThe buyer's warranty claims are based on the legal regulations, whereby you are responsible for the proper handling of the food from the transfer of risk:
• Refrigerated food must be unpacked immediately upon receipt and stored at a maximum of 2-5° Celsius.
• Frozen products must be handled properly and stored at a continuous temperature of at least -18° Celsius.
Planted can, in agreement with you, provide the warranty through partial or complete replacement with an equivalent product, credit up to a maximum of the sales price at the time of ordering, or reduction. In the case of a credit note, the amount you paid for the defective goods will be credited to the customer account. Planted reserves the right to request proof of the defect, e.g. through a photo.
9. Transport damage and notification of defectsIf products are delivered with obvious damage to the packaging or contents, you should immediately complain to the service provider (e.g. freight forwarder, postal service) and refuse to accept them. Have a damage confirmation report from the service provider (e.g. freight forwarder, postal service) handed to you. You must also report any transport damage immediately to Planted. This does not affect any warranty rights towards the service provider or Planted.
It is also your responsibility to check the ordered products immediately upon receipt for obvious and recognizable defects in terms of their quality and to store them correctly (in particular refrigerated or frozen, see section 8). For any defects or discrepancies with the order, you must immediately notify Planted customer service by email to email@example.com. This does not affect your warranty claims; However, we can only examine and process complaints about perishable goods quickly and unbureaucratically if you raise them immediately after discovering the defects.
10. Right of withdrawalIf you have your habitual residence or domicile in a member state of the European Union and are a consumer within the meaning of applicable law, you have a statutory right of withdrawal. However, there is an exception for perishable foods, which include most of our products, and we exclude the right of withdrawal for these products. The following cancellation policy lists the conditions under which the right of cancellation exists and under which circumstances the right of cancellation is excluded.
*** Right of withdrawal ***
(a) You have the right to cancel this contract within fourteen days without giving any reasons.
(b) The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the product.
(c) To exercise the right of withdrawal, please send us a clear message (e.g. a letter sent by post or email) of your wish to withdraw from the contract to the following address: Planted Foods GmbH, Birkenstr. 22, 10559 Berlin, Germany, firstname.lastname@example.org If you make use of this option, we will immediately send you confirmation (e.g. by email) that we have received your revocation. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired.
(d) If you revoke this contract, we must refund all payments we have received from you, including delivery costs, immediately and no later than fourteen days after receiving notification of your revocation. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We reserve the right to refuse the refund until we have received the product in question back or until you have provided evidence that you have returned the product(s), whichever is earlier.
(e) You must return or send the product to us (Planted Foods GmbH, Birkenstr. 22, 10559 Berlin, Germany) immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract hand over. The deadline is met if you send the product before the fourteen day period has expired. You are responsible for the regular direct costs of returning the product.
(f) You only have to pay for any loss in value of the product if this loss in value is due to handling other than what is necessary to check the nature, properties and functionality of the product.
(g) The revocation is excluded for perishable foods.
*** End of revocation ***
11. Loyalty ProgramAfter creating a user account, loyalty points can be collected when ordering products. Planted may exclude the acquisition of points for ordering certain products. The points collected can be used to purchase certain products (rewards). Participation in the loyalty program is voluntary. Planted reserves the right to make changes to the loyalty program or to terminate the program at any time.
12. Data ProtectionPlanted also provides information about how it processes personal data in its data protection declaration .
13. Disclaimer(a) If you are a consumer, our liability for a slightly negligent breach of duty is limited to the direct damage that is foreseeable and typical for the contract based on the type of goods. This also applies to slightly negligent breaches of duty by our representatives or vicarious agents.
(b) If you are an entrepreneur, claims for damages are excluded regardless of the type of breach of duty, including unlawful acts, unless we acted intentionally or with gross negligence. However, if essential contractual obligations are breached, we are liable for any negligence, but only up to the amount of the foreseeable damage. Claims for lost profits, saved expenses, third-party claims for damages and other indirect and consequential damages cannot be claimed.
(c) The limitations and exclusions of liability in accordance with Sections 13(a) and 13(b) do not apply to claims that arise due to fraudulent behavior on our part, as well as liability for guaranteed characteristics, claims under the Product Liability Act and damages arising from the Injury to life, body or health.
14. Applicable Court and Venue(a) These General Terms and Conditions are subject to German substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (“Vienna Sales Convention”). The exclusive place of jurisdiction for claims arising from or in connection with these General Terms and Conditions is Berlin, Germany. Planted is also entitled to prosecute you at your usual place of residence or residence.
(b) The above choice of law does not apply if and to the extent that you (i) are a consumer within the meaning of the applicable legal system and (ii) you can necessarily rely on the application of another law and/or the jurisdiction of another court under the relevant legal system .
(c) For disputes with consumers, for example if you are unhappy with the way we handle your complaints, the European Commission offers an online dispute resolution platform, which you can access at the following link: http ://ec.europa.eu/consumers/odr/. We inform you that we are neither willing nor obliged to take part in a dispute resolution procedure before a consumer dispute resolution authority. We are also neither obliged nor willing to participate in a consumer dispute resolution procedure in accordance with the German Consumer Dispute Settlement Act (VSBG).
Terms and conditions as of September 2022