Terms and Conditions

Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Applicable Law
Jurisdiction
Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Treelivery GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller concerning the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 An entrepreneur within the meaning of these GTC 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.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller can accept the Customer's offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after the Customer has sent the order. The Seller will not make the contract text accessible beyond this.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by them with order processing can be delivered.

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 indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.3 If advance payment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If a payment method offered via the payment service "Stripe" is selected, payment processing takes place via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the Customer in the Seller's online shop. For processing payments, Stripe may use other payment services, for which special payment conditions may apply, which the Customer may be informed of separately. Further information on Stripe is available on the Internet at https://stripe.com/de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 Should the delivery of the goods fail 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 to the costs of dispatch if the Customer effectively exercises their right of withdrawal. For return costs, if the Customer effectively exercises their right of withdrawal, the provision made in the Seller's cancellation policy applies.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the 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 sold goods generally only passes to the Customer upon delivery of the goods to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer for consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the Seller's fault and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stipulated 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:

7.1 If the Customer acts as an entrepreneur,

the Seller has the choice of the type of subsequent performance;
for new goods, the limitation period for defects is one year from the delivery of the goods;
for used goods, rights and claims due to defects are excluded;
the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened periods of limitation stipulated above do not apply

to claims for damages and reimbursement of expenses by the Customer,
if the Seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 HGB, they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification duties regulated therein, the goods are deemed to have been approved.

7.5 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8) Applicable Law

All legal relations between the parties are governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their usual residence.

9) Jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any case entitled to appeal to the court at the Customer's place of business.

10) Alternative Dispute Resolution

10.1 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 resolution of disputes arising from online purchase or service contracts involving a consumer.

10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

TERMS AND CONDITIONS OF PARTICIPATION IN COMPETITIONS OF Treelivery GmbH

These terms and conditions of participation refer to the competition of Treelivery GmbH, hereinafter referred to as "Organizer". Participation in the competition is exclusively governed by these terms and conditions of participation. The competition is in no way connected to Instagram or Facebook and is not organized or supported in any way by Meta Platforms Inc.

1) Duration of the competition

The duration of the competition extends from December 1st, 2024 to December 24th, 2024. Within this period, users will have the opportunity to participate in the competition online.

2) Competition Procedure

Participation takes place via…

liking the Keinachtsbaum Instagram account,

liking the post,

commenting on the post,

and agreeing to these terms and conditions of participation. Participation is only possible within the participation period. Entries received after the closing date will not be considered in the draw.

Only one submitted registration per participant will take part in the competition. It is forbidden to use multiple accounts to increase the chances of winning.

Participation in the competition is free of charge.

3) Eligible Participants

Eligible participants are natural persons who reside in Germany and are at least 18 years old. Participation is not limited to customers of the organizer and is not dependent on the purchase of goods or services.

Should a participant's legal capacity be restricted, the consent of their legal representative is required.

All persons involved in the conception and implementation of the competition and employees of the organizer as well as their family members are not eligible to participate in the competition. In addition, the organizer reserves the right to exclude persons from participation at its own discretion if there are legitimate reasons, for example:

(a) in case of manipulation in connection with access to or execution of the competition, (b) in case of violations of these terms and conditions of participation, (c) in case of unfair conduct or (d) in case of false or misleading information in connection with participation in the competition.

4) Prize, notification and delivery of the prize

The competition includes new prizes every day with different values.

The winners will be determined after the entry deadline by means of a random draw among all participants.

The winners will be informed promptly via private message and/or e-mail. Each winner must contact us within 1 week by e-mail or private message. If a winner does not respond within this period, the prize may be transferred to another participant by the organizer.

The prize will be handed over by postal delivery at the organizer's expense exclusively to the winner or the winner's legal representative. An exchange, self-collection or cash payment of the prize is not possible.

The costs associated with claiming the prize (e.g. travel costs etc.) shall be borne by the winner.

5) Early termination of the competition

The organizer reserves the right to cancel or terminate the competition at any time without prior notice and without stating reasons. The organizer will make use of this option in particular if a proper execution of the competition cannot be guaranteed for technical reasons (e.g. viruses in the computer system, manipulation or errors in the hardware and/or software) or for legal reasons. If such a termination is caused by the behavior of a participant, the organizer can claim damages from this person.

6) Data Protection

The provision of personal data is necessary to participate in the competition. The participant assures that the personal data provided by him, in particular first name, surname, address and e-mail address, are truthful and correct.

The organizer points out that all personal data of the participant will neither be passed on to third parties nor made available to them for use.

All e-mail addresses and voluntarily provided data of the participants will be recorded and stored exclusively for the purpose of determining the winner. All data will be deleted at the latest 30 days after the end of the competition. Participants are entitled to the statutory rights of access, amendment and revocation. Further information on our data protection regulations can be found here: https://keinachtsbaum.de/policies/privacy-policy

7) Revocation

Participants are free to revoke their registration data at any time by sending an e-mail to post@keinachtsbaum.de and thus withdraw from participation.

8) Liability

Claims due to possible material and/or legal defects in the prizes donated by the prize sponsors must be asserted exclusively against them.

The organizer is not liable for the insolvency of a prize sponsor and the resulting consequences for the execution of the competition.

9) Contact, Applicable Law

The competition is organized by Treelivery GmbH. For questions or complaints, please contact post@keinachtsbaum.de or 05461 – 60 399 268

The organizer's competition is exclusively subject to the law of the Federal Republic of Germany. Legal recourse is excluded.

10) Severability Clause

Should any provision of these terms and conditions of participation be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions of these terms and conditions of participation.

Good luck and success from the Keinachtsbaum! team