Terms and Conditions:

Philipp Kleiner Plants
Philipp Kleiner
Walter-Kolbenhoff-Str. 16
82110 Germering
Germany

Tel.: 015901352112
E-Mail: pkplants@proton.me

VAT identification number:

DE358094037

EU Commission platform for online dispute resolution: https://ec.europa.eu/odr

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




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General terms and conditions with customer information & information on data protection & cancellation policy & cancellation form
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Table of contents
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A. Terms and Conditions with Customer Information
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1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Applicable law, contractual language
9. Alternative Dispute Resolution

B. Information on data protection
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1. Information about the collection of personal data and contact details of the person responsible
2. Contact us
3. Data processing for order processing
4. Rights of the person concerned
5. Duration of storage of personal data

C. Cancellation policy
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1. Right of withdrawal
2. Consequences of revocation
3. General information

D. Cancellation form
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A. Terms and Conditions with Customer Information
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1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of Philipp Kleiner, trading under "Philipp Kleiner Plants" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") has with the Seller with regard to the items presented by the seller in the online portal "eBay-Kleinanzeigen" using means of distance communication (e.g. telephone, fax, e-mail, letter) exclusively through individual communication within the meaning of Section 312j Paragraph 5 Sentence 1 BGB concludes. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract
2.1 The customer can send a non-binding request to make an offer to the seller by email or using the “Write a message” function on the eBay classifieds page. At the customer's request, the seller sends the customer in text form (e.g. by email, fax or letter) a binding offer to sell the goods previously selected by the customer from the seller's product range.
2.2 The customer can accept this offer by submitting a declaration of acceptance to the seller using the "Write a message" function on the eBay classifieds page or by paying the purchase price offered by the seller within 7 (seven) days of receipt of the offer, whereby When calculating the deadline, the day of receipt of the offer is not taken into account. The date of receipt of payment by the seller is decisive for acceptance by payment. If the last day of the deadline for accepting the offer falls on a Saturday, Sunday, or a general public holiday recognized by the customer at the customer's registered office, such a day will be replaced by the next working day. If the customer does not accept the seller's offer within the aforementioned period, the seller is no longer bound to his offer and can freely dispose of the goods again. The seller will specifically point this out to the customer in his offer.

3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the seller's offer.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 Various payment options are available to the customer, which will be communicated to him in the seller's offer.

5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery will take place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even for consumers, passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the The customer commissions the freight forwarder, the freight forwarder or the other person or institution designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.5 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.

6) Retention of title
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects
7.1 Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- For new goods, the limitation period for defects is one year from delivery of the goods;
- In the case of used goods, rights and claims due to defects are excluded;
- the statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.
7.3 If the customer acts as a consumer, contracts for the delivery of used goods are subject to the following restriction: The limitation period for claims for defects is one year from delivery of the goods if this was expressly and separately contractually agreed between the parties and the customer before submitting his Contractual declaration was specifically informed of the shortening of the limitation period.
7.4 The limitations of liability and shortening of deadlines regulated above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused the building to be defective,
- for any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.5 In addition, for entrepreneurs, the statutory limitation periods for any existing legal recourse claim remain unaffected.
7.6 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to investigate and report complaints in accordance with § 377 HGB. If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.
7.7 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

8) Applicable law, contract language
8.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
8.2 The contract language is German.

9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.

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B. Information on data protection
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1) Information about the collection of personal data and contact details of the person responsible
1.1 Below we will inform you about the handling of your personal data; personal data is all data with which you can be personally identified.
1.2 The person responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Philipp Kleiner Plants, Philipp Kleiner, Walter-Kolbenhoff-Str. 16, 82110 Germering, Germany, Tel.: 015901352112, Email: pkplants@proton.me. The person responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.

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2) Contact us
When you contact us (e.g. via contact form or email), personal data is collected, which you can see in the contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in answering your request in accordance with Article 6 (1) (f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Article 6 (1) (b) GDPR. Your data will be deleted after your request has been finally processed; this is the case if it can be seen from the circumstances that the matter in question has been finally clarified and provided that there are no legal retention obligations to the contrary.

3) Data processing for order processing
3.1 To the extent necessary for contract processing for delivery and payment purposes, the personal data we collect will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Article 6 Paragraph 1 Letter b of the GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact details you provided when ordering (name, address, email address) in order to provide you with our legal information obligations in accordance with Art. 6 Para . 1 lit. c GDPR to inform you personally about upcoming updates within the legally stipulated period of time. Your contact details will be used strictly for the purpose of communicating updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the respective information.
To process your order, we also work with the following service provider(s), who support us in whole or in part in the implementation of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.
3.2 - Paypal
When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment in installments" via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. as part of the payment processing. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”). The transfer takes place in accordance with Art. 6 Para. 1 lit. b GDPR and only to the extent that this is necessary for payment processing.
PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment in installments" via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Article 6 Paragraph 1 Letter f of the GDPR based on PayPal's legitimate interest in determining your ability to pay. PayPal uses the result of the credit check with regard to the statistical probability of non-payment for the purpose of deciding whether to provide the respective payment method. The credit report can contain probability values ​​(so-called score values). To the extent that score values ​​are included in the results of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values ​​includes, but is not limited to, address data. Further data protection information, including information about the credit agencies used, can be found in PayPal's data protection declaration: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for contractual payment processing.

4) Rights of the person concerned
4.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and rights of intervention) vis-à-vis the person responsible regarding the processing of your personal data, about which we will inform you below:
- Right to information in accordance with Art. 15 GDPR;
- Right to rectification in accordance with Art. 16 GDPR;
- Right to deletion in accordance with Art. 17 GDPR;
- Right to restriction of processing in accordance with Art. 18 GDPR;
- Right to information in accordance with Art. 19 GDPR;
- Right to data portability in accordance with Art. 20 GDPR;
- Right to revoke consent given in accordance with Art. 7 Para. 3 GDPR;
- Right to complain in accordance with Art. 77 GDPR.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA AS PART OF A BALANCE OF INTERESTS BASED ON OUR OVERWHELMING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU USE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE AFFECTED DATA. HOWEVER, FURTHER PROCESSING IS RESERVED IF WE CAN PROOF COMPLEX REASONS FOR THE PROCESSING THAT ARE worthy of protection, which OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU MAY EXERCISE YOUR OPT-OUT AS DESCRIBED ABOVE.
IF YOU USE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE AFFECTED DATA FOR DIRECT ADVERTISING PURPOSES.

5) Duration of storage of personal data
The duration of storage of personal data is determined based on the respective legal basis, the purpose of processing and - if relevant - additionally based on the respective legal retention period (e.g. commercial and tax retention periods).
When processing personal data on the basis of express consent in accordance with Article 6 (1) (a) GDPR, this data will be stored until the person concerned revokes their consent.
If there are statutory retention periods for data that are processed within the framework of legal or transaction-like obligations on the basis of Art. 6 Para. 1 lit and/or we have no legitimate interest in further storage.
When processing personal data on the basis of Art. 6 Para. 1 lit. f GDPR, this data will be stored until the data subject exercises his or her right to object in accordance with Art. 21 Para provide evidence for the processing that outweighs the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct advertising on the basis of Article 6 Paragraph 1 Letter f of the GDPR, this data will be stored until the person concerned exercises their right to object in accordance with Article 21 Paragraph 2 of the GDPR.
Unless otherwise stated in the other information in this declaration about specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.

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C. Cancellation policy
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Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
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 last goods.
In order to exercise your right of withdrawal, you must contact us (Philipp Kleiner Plants, Philipp Kleiner, Walter-Kolbenhoff-Str. 16, 82110 Germering, Germany, Tel.: 015901352112, Email: pkplants@proton.me) by means of a clear statement (e.g . (e.g. a letter sent by post or email) to inform you of your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory.
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 expires.
 

Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. 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 may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

General information
1) Please avoid damage and contamination of the goods. Please send the goods back to us in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging.
2) Please do not send the goods back to us carriage paid.
3) Please note that the aforementioned numbers 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.

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D. Cancellation form
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If you want to cancel the contract, please fill out this form and send it back.
At

Philipp Kleiner Plants
Philipp Kleiner
Walter-Kolbenhoff-Str. 16
82110 Germering
Germany

Tel.: 015901352112
E-Mail: pkplants@proton.me