General Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
Section 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (GREEN24 GmbH) via the website www.green24.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity. A trader is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the course of their independent professional or commercial activity.
Section 2 Accessibility
(1) Pursuant to Section 14(1), No. 2 in conjunction with Annex 3, No. 1 BFSG, we provide information on how our website or our e-commerce service meets the accessibility requirements of the relevant regulation (BFSGV). This information can be accessed via a separate, appropriately labelled button (e.g. “Accessibility Statement” or a similar designation) on our website and includes, in particular, the following points: a description of the applicable accessibility requirements; a general description of the service in an accessible format; descriptions and explanations necessary to understand how the service is provided; a description of how the service meets the relevant accessibility requirements. (2) The contact details of the competent market surveillance authority are as follows: Market Surveillance Authority of the Federal States for the Accessibility of Products and Services – institution under public law (MLBF AöR)
Carl-Miller-Str. 6
39112 Magdeburg
Telephone: +49 391 567 6970
Email: kontakt@mlbf-barrierefrei.de
(3) We may use artificial intelligence (AI) and specialised tools to implement the accessibility requirements on our website. This is intended to take account of a wide range of possible disabilities, including visual, auditory, physical, speech, cognitive and neurological impairments. Further details can be found via the separate, appropriately labelled button on our website referred to in paragraph 1.
(4) Our website or our e-commerce service is accessible if people with disabilities can find, access and use it in the generally customary manner, without particular difficulty and, in principle, without assistance from others.
(5) Measures to implement the accessibility requirements include, for example, clearly legible font sizes and sufficient colour contrast, navigation using a mouse and keyboard, alternative text for images, subtitles and audio descriptions in videos (where videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers, and adjustable display options for different devices (smartphones, tablets, desktop computers, etc.).
Section 3 Formation of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system on the terms stated in the product description.
(3) The contract is formed via the online shopping cart system as follows:
The goods you intend to purchase are placed in the “Shopping Cart”. You can access the “Shopping Cart” using the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to Order” button (or a similar designation) and entering your personal details and the payment and shipping terms, you will finally be shown your order details in an order summary.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order summary page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the relevant selections or enter your details there. Finally, your order details will be displayed in an order summary on the instant payment provider's website or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review and change the details in the order summary again (including by using your internet browser's “Back” function), or to cancel the order.
By submitting the order using the corresponding button (“Order with Obligation to Pay”, “Buy” / “Buy Now”, “Place a Paid Order”, “Pay” / “Pay Now” or a similar designation), you give your legally binding acceptance of the offer, thereby concluding the contract. (4) Your requests for a quotation are non-binding on you. We will provide you with a binding offer in text form (e.g. by email), which you may accept within 5 days unless a different period is specified in the respective offer.
(5) The order is processed and all information required in connection with the conclusion of the contract is transmitted by email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically possible and, in particular, that it is not prevented by spam filters.
Section 4 Individually Designed Goods
(1) You must provide us with the suitable information, text or files required for the individual design of the goods via the online ordering system or by email, without undue delay after the contract is concluded at the latest. Any requirements we specify regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes third-party rights (in particular copyright, rights to names or trademark rights) or violates existing laws. You expressly indemnify us against all third-party claims asserted in this connection. This also includes the costs of legal representation required in this connection.
(3) We do not check the submitted data for accuracy of content and accept no liability for errors in this respect.
Section 5 Special Agreements Relating to the Payment Methods Offered
(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, the payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods available via “PayPal” are shown under an appropriately labelled button on our website and during the online ordering process. “PayPal” may use other payment services to process payments; where special payment conditions apply, you will be informed of these separately. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
Section 6 Right of Retention, Retention of Title
(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are a trader, the following provisions also apply:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred as security before ownership has passed to you.
b) You may resell the goods in the ordinary course of business. In this event, you hereby assign to us all claims arising from the resale up to the amount of the invoice, and we accept this assignment. You remain authorised to collect the claim. However, if you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined or mixed with other goods, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title relative to the other items processed, at the time of processing.
d) At your request, we undertake to release the security to which we are entitled to the extent that the realisable value of our security exceeds the claim to be secured by more than 10%. The choice of which security to release is ours.
Section 7 Liability for Defects
(1) The statutory rights relating to liability for defects apply.
(2) If we inform you before you make your contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from delivery of the goods. The above restriction does not apply:
– to damage attributable to us and culpably caused by injury to life, body or health, or to other damage caused intentionally or through gross negligence; – where we have fraudulently concealed the defect or provided a guarantee regarding the quality of the goods.
(3) As a consumer, you are asked to check the goods promptly upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory claims relating to defects.
(4) If a characteristic of the goods deviates from the objective requirements, the deviation is deemed agreed only if we informed you of it before you made your contractual declaration and the deviation was expressly and separately agreed between the parties to the contract.
(5) If you are a trader, the following applies in place of the above provisions on liability for defects:
a) Only our own statements and the manufacturer's product description are deemed agreed as to the quality of the goods, and not other advertising, public promotional statements or statements by the manufacturer.
b) In the event of defects, we will, at our discretion, remedy the defect by repair or replacement delivery. If the remedy fails, you may choose to demand a reduction in price or withdraw from the contract. The remedy is deemed to have failed after an unsuccessful second attempt, unless a different conclusion follows, in particular, from the nature of the goods or the defect, or from other circumstances. In the case of repair, we do not have to bear the increased costs arising from the goods being taken to a place other than the place of performance, unless the relocation is consistent with the intended use of the goods.
c) The period for claims relating to defects is one year from delivery of the goods. The shortened period does not apply:
– to damage attributable to us and culpably caused by injury to life, body or health, or to other damage caused intentionally or through gross negligence;
– where we have fraudulently concealed the defect or provided a guarantee regarding the quality of the item;
– to items that have been used for a building in accordance with their customary use and have caused the building to be defective;
– to statutory rights of recourse that you have against us in connection with rights relating to defects.
Section 8 Choice of Law, Place of Performance and Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of the more favourable provision).
(2) Our registered office is the place of performance for all obligations arising from our business relationships and the place of jurisdiction if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is unknown when proceedings are brought. The right to bring proceedings before a court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Identity of the Seller
GREEN24 GmbH
Am Neggenborn 125
44892 Bochum
Germany
Telephone: +4923489016070
Email: info@green24.de
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration bodies.
2. Information on Formation of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself and the possibilities for making corrections are governed by the “Formation of the Contract” provisions of our General Terms and Conditions (Part I).
3. Contract Language and Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print the contract data using your browser's print function or save it electronically. After we receive your order, the order details, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. For requests for quotations outside the online shopping cart system, all contract data will be sent to you as part of a binding offer in text form, e.g. by email, which you can print or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services are set out in the respective offer.
5. Prices and Payment Arrangements
5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be accessed via an appropriately labelled button on our website or in the respective offer, are shown separately during the ordering process and must be paid by you in addition, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs beyond our responsibility may arise, such as customs duties, taxes or money transfer fees (transfer or exchange-rate fees charged by credit institutions), which you must bear.
5.4. You must bear any money transfer costs incurred (transfer or exchange-rate fees charged by credit institutions) where delivery is made to an EU Member State but payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under an appropriately labelled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, delivery date and any delivery restrictions are shown under an appropriately labelled button on our website or in the respective offer.
6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the goods sold during shipment passes to you only when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commissioned a transport company not designated by the trader, or another person appointed to carry out the shipment.
If you are a trader, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the “Liability for Defects” provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were prepared by Händlerbund's lawyers specialising in IT law and are continually checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and accepts liability in the event of legal warning letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
I. General Terms and Conditions
Section 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (GREEN24 GmbH) via the website www.green24.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity. A trader is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the course of their independent professional or commercial activity.
Section 2 Accessibility
(1) Pursuant to Section 14(1), No. 2 in conjunction with Annex 3, No. 1 BFSG, we provide information on how our website or our e-commerce service meets the accessibility requirements of the relevant regulation (BFSGV). This information can be accessed via a separate, appropriately labelled button (e.g. “Accessibility Statement” or a similar designation) on our website and includes, in particular, the following points: a description of the applicable accessibility requirements; a general description of the service in an accessible format; descriptions and explanations necessary to understand how the service is provided; a description of how the service meets the relevant accessibility requirements. (2) The contact details of the competent market surveillance authority are as follows: Market Surveillance Authority of the Federal States for the Accessibility of Products and Services – institution under public law (MLBF AöR)
Carl-Miller-Str. 6
39112 Magdeburg
Telephone: +49 391 567 6970
Email: kontakt@mlbf-barrierefrei.de
(3) We may use artificial intelligence (AI) and specialised tools to implement the accessibility requirements on our website. This is intended to take account of a wide range of possible disabilities, including visual, auditory, physical, speech, cognitive and neurological impairments. Further details can be found via the separate, appropriately labelled button on our website referred to in paragraph 1.
(4) Our website or our e-commerce service is accessible if people with disabilities can find, access and use it in the generally customary manner, without particular difficulty and, in principle, without assistance from others.
(5) Measures to implement the accessibility requirements include, for example, clearly legible font sizes and sufficient colour contrast, navigation using a mouse and keyboard, alternative text for images, subtitles and audio descriptions in videos (where videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers, and adjustable display options for different devices (smartphones, tablets, desktop computers, etc.).
Section 3 Formation of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system on the terms stated in the product description.
(3) The contract is formed via the online shopping cart system as follows:
The goods you intend to purchase are placed in the “Shopping Cart”. You can access the “Shopping Cart” using the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to Order” button (or a similar designation) and entering your personal details and the payment and shipping terms, you will finally be shown your order details in an order summary.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order summary page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the relevant selections or enter your details there. Finally, your order details will be displayed in an order summary on the instant payment provider's website or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review and change the details in the order summary again (including by using your internet browser's “Back” function), or to cancel the order.
By submitting the order using the corresponding button (“Order with Obligation to Pay”, “Buy” / “Buy Now”, “Place a Paid Order”, “Pay” / “Pay Now” or a similar designation), you give your legally binding acceptance of the offer, thereby concluding the contract. (4) Your requests for a quotation are non-binding on you. We will provide you with a binding offer in text form (e.g. by email), which you may accept within 5 days unless a different period is specified in the respective offer.
(5) The order is processed and all information required in connection with the conclusion of the contract is transmitted by email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically possible and, in particular, that it is not prevented by spam filters.
Section 4 Individually Designed Goods
(1) You must provide us with the suitable information, text or files required for the individual design of the goods via the online ordering system or by email, without undue delay after the contract is concluded at the latest. Any requirements we specify regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes third-party rights (in particular copyright, rights to names or trademark rights) or violates existing laws. You expressly indemnify us against all third-party claims asserted in this connection. This also includes the costs of legal representation required in this connection.
(3) We do not check the submitted data for accuracy of content and accept no liability for errors in this respect.
Section 5 Special Agreements Relating to the Payment Methods Offered
(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, the payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods available via “PayPal” are shown under an appropriately labelled button on our website and during the online ordering process. “PayPal” may use other payment services to process payments; where special payment conditions apply, you will be informed of these separately. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
Section 6 Right of Retention, Retention of Title
(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are a trader, the following provisions also apply:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred as security before ownership has passed to you.
b) You may resell the goods in the ordinary course of business. In this event, you hereby assign to us all claims arising from the resale up to the amount of the invoice, and we accept this assignment. You remain authorised to collect the claim. However, if you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined or mixed with other goods, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title relative to the other items processed, at the time of processing.
d) At your request, we undertake to release the security to which we are entitled to the extent that the realisable value of our security exceeds the claim to be secured by more than 10%. The choice of which security to release is ours.
Section 7 Liability for Defects
(1) The statutory rights relating to liability for defects apply.
(2) If we inform you before you make your contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from delivery of the goods. The above restriction does not apply:
– to damage attributable to us and culpably caused by injury to life, body or health, or to other damage caused intentionally or through gross negligence; – where we have fraudulently concealed the defect or provided a guarantee regarding the quality of the goods.
(3) As a consumer, you are asked to check the goods promptly upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory claims relating to defects.
(4) If a characteristic of the goods deviates from the objective requirements, the deviation is deemed agreed only if we informed you of it before you made your contractual declaration and the deviation was expressly and separately agreed between the parties to the contract.
(5) If you are a trader, the following applies in place of the above provisions on liability for defects:
a) Only our own statements and the manufacturer's product description are deemed agreed as to the quality of the goods, and not other advertising, public promotional statements or statements by the manufacturer.
b) In the event of defects, we will, at our discretion, remedy the defect by repair or replacement delivery. If the remedy fails, you may choose to demand a reduction in price or withdraw from the contract. The remedy is deemed to have failed after an unsuccessful second attempt, unless a different conclusion follows, in particular, from the nature of the goods or the defect, or from other circumstances. In the case of repair, we do not have to bear the increased costs arising from the goods being taken to a place other than the place of performance, unless the relocation is consistent with the intended use of the goods.
c) The period for claims relating to defects is one year from delivery of the goods. The shortened period does not apply:
– to damage attributable to us and culpably caused by injury to life, body or health, or to other damage caused intentionally or through gross negligence;
– where we have fraudulently concealed the defect or provided a guarantee regarding the quality of the item;
– to items that have been used for a building in accordance with their customary use and have caused the building to be defective;
– to statutory rights of recourse that you have against us in connection with rights relating to defects.
Section 8 Choice of Law, Place of Performance and Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of the more favourable provision).
(2) Our registered office is the place of performance for all obligations arising from our business relationships and the place of jurisdiction if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is unknown when proceedings are brought. The right to bring proceedings before a court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Identity of the Seller
GREEN24 GmbH
Am Neggenborn 125
44892 Bochum
Germany
Telephone: +4923489016070
Email: info@green24.de
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration bodies.
2. Information on Formation of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself and the possibilities for making corrections are governed by the “Formation of the Contract” provisions of our General Terms and Conditions (Part I).
3. Contract Language and Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print the contract data using your browser's print function or save it electronically. After we receive your order, the order details, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. For requests for quotations outside the online shopping cart system, all contract data will be sent to you as part of a binding offer in text form, e.g. by email, which you can print or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services are set out in the respective offer.
5. Prices and Payment Arrangements
5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be accessed via an appropriately labelled button on our website or in the respective offer, are shown separately during the ordering process and must be paid by you in addition, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs beyond our responsibility may arise, such as customs duties, taxes or money transfer fees (transfer or exchange-rate fees charged by credit institutions), which you must bear.
5.4. You must bear any money transfer costs incurred (transfer or exchange-rate fees charged by credit institutions) where delivery is made to an EU Member State but payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under an appropriately labelled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, delivery date and any delivery restrictions are shown under an appropriately labelled button on our website or in the respective offer.
6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the goods sold during shipment passes to you only when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commissioned a transport company not designated by the trader, or another person appointed to carry out the shipment.
If you are a trader, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the “Liability for Defects” provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were prepared by Händlerbund's lawyers specialising in IT law and are continually checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and accepts liability in the event of legal warning letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.