Terms of service

Scope

1.1 This website is owned by Hannah Möller and operated under the name Harmony Plants. These terms set out the conditions under which you may use our website and services as offered by us. This website offers consumers a variety of plants. By accessing or using the website of our service, you agree that you have read, understood, and accepted these terms.

1.2 A consumer, as referred to in the following regulations, is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

Contract Conclusion

2.1 The subject matter of the contract is the sale of goods.

2.2 The product descriptions contained in the seller’s online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.

2.3 The visual representation of the products is for illustration purposes only. The delivered product may differ from the image.

2.4 The customer can submit an offer via the online order form integrated into www.harmonyplants.de. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the order process.

2.5 The seller may accept the offer within five days by sending the customer an email with a written order confirmation.

2.6 The processing of the order and the transmission of all information required in connection with the conclusion of the contract will take place by email, partly automated. You must therefore ensure that the email address you provided to us is accurate, that the receipt of emails is technically ensured, and, in particular, that it is not blocked by spam filters.

2.7 The payment processing is carried out via the provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”). The PayPal terms of use apply, 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—the conditions for payments without a PayPal account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information about the right of withdrawal can be found in the seller's withdrawal policy.

Right of Retention, Retention of Title

4.1 You may only exercise a right of retention if it concerns claims from the same contractual relationship.

4.2 The goods remain our property until full payment of the purchase price.

Warranty

5.1 Statutory defect liability rights apply.

5.2 As a consumer, you are requested to check the goods upon delivery for completeness, obvious defects, and transport damage as soon as possible, and to inform us and the carrier of any complaints quickly. Failure to do so does not affect your statutory warranty claims.

Applicable Law

6.1 German law applies. For consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence (favorability principle).

6.2 The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

Prices and Payment Terms

7.1 The prices stated in the respective offers, as well as shipping costs, are total prices. They include all price components, including all applicable taxes.

7.2 The prices we charge for our services/products are listed on the website. We reserve the right to change prices for displayed products at any time and to correct pricing errors. Further details on pricing and sales tax can be found on the payment page.

7.3 Shipping costs are not included in the purchase price. They can be viewed via a correspondingly designated button on our website or in the respective offer, are separately indicated during the ordering process, and are additionally payable by you unless free shipping has been promised.

7.4 The payment methods available to you are shown under a corresponding button on our website or in the respective offer.

7.5 Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7.6 When paying via a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under 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—under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

Delivery Conditions

8.1 Delivery is made via shipping to the address provided by the buyer, unless otherwise agreed.

8.2 If you are a consumer, the statutory provision applies that the risk of accidental loss and accidental deterioration of the sold goods during shipping only passes to you upon handover of the goods, regardless of whether the shipment was insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

8.3 If the shipping company returns the goods sent to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service, unless the seller had announced the service a reasonable time in advance. Furthermore, this does not apply regarding the costs for the outbound shipping if the customer effectively exercises their right of withdrawal. In the case of effective exercise of the right of withdrawal, the provisions set forth in the seller's withdrawal policy apply to the return costs.

8.4 If a package is undeliverable due to incorrect address information provided by the buyer or is not picked up from a pickup store, we charge a flat rate of €25.

Applicable Law

9.1 The contract language is either German or English.

9.2 We reserve the right to modify services without prior notice; to no longer offer services or parts of them, or to impose restrictions. We may terminate or suspend access to services permanently or temporarily without prior notice or liability for any reason or no reason.

9.3 We may terminate or suspend your access to the service permanently or temporarily without prior notice or liability for any reason, including if you, in our sole determination, violate any provision of these terms or any applicable laws or regulations. You may discontinue use at any time and request that we terminate your account and/or services. Notwithstanding the foregoing, such subscriptions regarding automatically renewed subscriptions for paid services will only be terminated at the end of the respective period for which you have already made payment.

These terms, any rights and remedies provided hereunder, and any and all claims and disputes in connection with the services will be governed exclusively by the internal substantive laws of [country/state], without respect to its conflict of laws principles. All such claims and disputes will be brought exclusively to the competent courts located in [city]. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.

Intellectual Property

10.1 The service and all materials contained or transferred therein, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photos, audio, video, music, and all related intellectual property rights, are the exclusive property of [website owner's name]. Unless expressly stated herein, nothing in these terms shall be construed as granting any license under such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, transmit, adapt, edit, or create derivative works thereof.

Indemnification & Liability Disclaimer

11.1 You agree to indemnify and hold the website owner harmless from any claims, losses, liabilities, damages, or expenses (including attorney's fees) arising from or related to your use of the website or any of the services offered on the website.

11.2 Liability is excluded for minor negligent breaches of duty, as long as these do not concern essential contractual obligations (so-called cardinal obligations), damages resulting from injury to life, body, or health, or warranties or claims under the Product Liability Act. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose fulfillment may be regularly relied upon.

Terms

12.1 We reserve the right to change these terms at our discretion from time to time. You should therefore review this page regularly. When we make significant changes to the terms, we will notify you that material changes have been made. Your continued use of the website or service after such changes constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future version of the terms, do not use or access (or continue to access) the website or service.