Terms of service

Scope of application
Conclusion of the contract
Right of withdrawal
Prices and payment terms
Delivery and shipping terms
Contract duration and termination of subscription contracts for goods
Retention of title
Liability for defects (warranty)
Liability
Redemption of promotional vouchers
Redemption of gift vouchers
Applicable law
Place of jurisdiction
Alternative dispute resolution

1) Scope of application

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

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.4 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 trade, business or profession.

1.5 Depending on the Seller's product description, the subject matter of the contract may be either the purchase of goods by means of a one-off delivery or the purchase of goods by means of a permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract term at the contractually owed time intervals.

2) Conclusion of the 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 may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may 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 e-mail), in which case the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
by requesting the Customer to pay after the Customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for acceptance of 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 shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed 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, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button that concludes the ordering process.

2.5 When ordering via the Seller's online order form, the text of the contract is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has submitted their order. The Seller does not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop prior to submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the relevant login data.

2.6 Prior to the binding submission of the 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 of better identifying input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries during 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 e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct, so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to 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 quoted are total prices that include statutory VAT. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

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 are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs relating to the transfer of money may also arise if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

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

4.4 If a payment method offered via the "PayPal" payment service is selected, payment is processed via PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. Insofar as the Seller also offers payment methods via PayPal in which it makes advance payment to the Customer (e.g. purchase on account or payment by instalments), it assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit assessment using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative assessment result. If the selected payment method is permitted, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with a discharging effect. However, even in the event of an assignment of claims, the Seller remains responsible for general Customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.5 If the payment method "Sofortüberweisung" (instant bank transfer) is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to be able to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account activated for participation in "Sofortüberweisung", identify themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is carried out by Klarna immediately afterwards and the Customer's bank account is debited. The Customer can find further information on the "Sofortüberweisung" payment method online at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the "Shopify Payments" payment service is selected, payment is processed by 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 Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may make use of further payment services for which special payment terms may apply, of which the Customer may be informed separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

4.7 If a payment method offered via the "Stripe" payment service is selected, payment is processed 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. To process payments, Stripe may make use of further payment services for which special payment terms may apply, of which the Customer may be informed separately. Further information on Stripe is available online at https://stripe.com/de.

4.8 If a payment method offered via the "Klarna" payment service is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the terms and conditions of Klarna can be viewed here:

https://bettertree.eu/pages/payment-methods

4.9 If the payment method "purchase on account" is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 30 days of the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The "purchase on account" payment method requires a successful credit assessment by Klarna AB. If the Customer is permitted to use the "purchase on account" payment method after the credit assessment, payment is processed in cooperation with Klarna AB, to which the Seller assigns its payment claim. In this case, the Customer can only make payment to Klarna AB with a discharging effect. In all other respects, the General Terms and Conditions of Klarna AB apply, which the Customer can access during the ordering process. The Seller reserves the right to offer the "purchase on account" payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in its payment information in the online shop.

5) Delivery and shipping terms

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

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 costs of delivery if the Customer effectively exercises their right of withdrawal. With regard to the return costs, the provision made in the Seller's cancellation policy applies if the Customer effectively exercises their right of withdrawal.

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 goods 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 passes to the Customer only upon handover of the goods to the Customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even in the case of consumers, as soon as the Seller has delivered the goods 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 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer will be informed without undue delay and the consideration will be refunded without undue delay.

5.5 Collection in person is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

- by e-mail

6) Contract duration and termination of subscription contracts for goods

6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the Customer at any time without observing a notice period.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all the circumstances of the individual case and weighing up the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

6.3 Terminations can be made in writing, in text form (e.g. by e-mail) or in electronic form via the termination facility (termination button) provided by the Seller on its website.

7) Retention of title

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

8) Liability for defects (warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

8.1 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 claims arising from defects is one year from delivery of the goods;
for used goods, claims arising from defects are excluded;
the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

8.2 The above limitations of liability and shortened periods do not apply

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

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

8.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

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

9) Liability

The Seller is liable to the Customer for damages and reimbursement of expenses under all contractual, quasi-contractual and statutory claims, including claims in tort, as follows:

9.1 The Seller is liable without limitation on any legal grounds

in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, body or health,
on the basis of a guarantee promise, unless otherwise provided in this respect,
on the basis of mandatory liability, such as under the German Product Liability Act.

9.2 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability apply:

If the Seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless it is liable without limitation pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely. In all other respects, the Seller's liability is excluded, unless it is liable without limitation pursuant to the preceding clause.

9.3 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

10) Redemption of promotional vouchers

10.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a certain period of validity and that cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 If the promotional voucher relates to a specific value rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

10.7 The balance of a promotional voucher is neither paid out in cash nor subject to interest.

10.8 The promotional voucher is not refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.9 The promotional voucher is transferable. The Seller can make payment with a discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity or lack of authority to represent.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining balances are credited to the Customer until the expiry date.

11.3 Gift vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

11.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

11.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

11.6 The balance of a gift voucher is neither paid out in cash nor subject to interest.

11.7 The gift voucher is transferable. The Seller can make payment with a discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity or lack of authority to represent.

12) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. In the case of 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 thereby withdrawn.

13) Place of jurisdiction

If the Customer acts as 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 their 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. However, in the aforementioned cases, the Seller is in any case entitled to bring an action before the court at the Customer's place of business.