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General Terms and Conditions (T & Cs)

§ 1 General – Area of validity.

  1. These General Terms and Conditions will apply to all purchase and supply contracts, orders, and other agreements entered into, with our customers. They will be deemed accepted by the customer on or no later than the placement of an order or acceptance of a delivery.
  2. Customers within the meaning of these General Terms and Conditions may either be consumers (Section 13 of the German Civil Code (BGB)) or business customers within the meaning of Section 14 BGB.

    A consumer within the meaning of these T & Cs is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to that person's commercial or independent professional activity.

    A business customer within the meaning of these T & Cs is any natural person, legal entity, or partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

  3. We explicitly object to any purchasing conditions or ordering conditions, or other general terms and conditions of the customer that deviate from, conflict with, or supplement our General Terms and Conditions. Even if we become aware of such differing terms and conditions, they will not become part of the contract, unless we have expressly agreed to their validity.

§ 2 Contract Formation, Reservation of Self-Supply, Ancillary Agreements

All our offers are subject to change and non-binding. This means that the product descriptions do not constitute binding offers on our part but merely serve as an invitation to the customer to submit a binding offer.

By ordering the goods, the customer makes a binding declaration of intent to purchase those goods. An order placed by the customer after the expiry of the validity period of our offer will be deemed to constitute a contractual offer addressed to us.

A contract will only come into existence when we accept the customer's order in text form (e.g. by letter, fax, or e-mail) or deliver the goods to the customer.

If, within 14 days of receiving the customer's contractual offer, we have neither declared our acceptance nor made delivery, the customer will no longer be bound by his or her declaration of intent to conclude the contract.

If, for the performance of a contract with the customer, we ourselves depend on the supply of goods and such supply is not withstanding (despite our having placed congruent orders with reliable suppliers), unless we are responsible for the non-delivery, we will be released from our obligation to perform and may withdraw from the contract. We are obliged to inform the customer without undue delay of the unavailability of any goods and will reimburse any consideration already provided by the customer.

There are no oral ancillary agreements.

§ 3 Prices and Terms of Payment

  1. All prices are in euros. Unless otherwise specified in our offer, the stated prices are total prices, which include the statutory value-added tax (VAT). All packaging, delivery, and shipping costs incurred in addition will be listed separately.
  2. Any amendments to the price list made after the conclusion of the contract will have no effect on contracts already concluded between us and the customer. In particular, the customer may not demand any subsequent credit note or reimbursement in the event of price reductions made after the contract has been concluded.
  3. Foreign currencies will, unless the invoice is issued in that currency, be converted into euros based on the official exchange rate published by the European Central Bank on the date the invoice is issued.
  4. Unless otherwise agreed, invoices will be due for payment immediately upon receipt.
  5. The customer will be in default of payment no later than thirty (30) days after the due date and receipt of the invoice if payment has not been made within that period.
  6. In individual cases, especially for large orders, we will be entitled to an advanced payment of the total purchase price or a partial payment (deposit), in agreement with the customer.
  7. The deduction of cash discounts is generally not permitted.

§ 4 Prohibition of Set-Off, Limitation of the Right of Retention, Defence of Insecurity

  1. The customer will only be entitled to rights of set-off, if the customer's counterclaims have been finally adjudicated by a court, are ready for decision, are undisputed, or have been acknowledged by us.
  2. The customer will only be entitled to exercise a right of retention under the conditions set out in the preceding paragraph and only insofar as the counterclaim arises from the same contractual relationship.
  3. If, after conclusion of the contract, it becomes apparent that our claim for payment is jeopardized by the customer's lack of financial capacity, we will be entitled to refuse performance or delivery owed by us. This right to refuse performance will cease to apply if the customer effects payment or provides adequate security. We will be entitled to set a reasonable period within which the customer must make payment or provide such security. If this period expires without success, we are entitled to withdraw.

§ 5 Transfer of Risk, Transport, Shipping, Single-Use and Reusable Packaging, Damages for Breach of Duties to Cooperate and for Delay

  1. In the case of business customers, the risk of accidental loss and accidental deterioration of the goods will pass to the customer upon handover of the goods or, in the case of a sale involving shipment, upon delivery of the goods to the freight forwarder, carrier, or any other person or institution designated to carry out the shipment.
  2. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods will pass to the consumer. This includes, in cases of a sale involving a shipment, but only upon the delivery of the goods to the consumer. In all other cases, the statutory provisions apply.
  3. The same applies if the customer is in default of acceptance.
  4. If our company carries out the transportation of the goods to the customer or to a delivery address designated by the customer, the customer will have to ensure that delivery can be made via roads freely accessible to trucks. Delivery will be made only to the unloading point (curbside delivery). Unloading services are not included in the transport price, nor are installation or planting services.
  5. For business customers, shipment of the goods will generally be at the customer's expense. If the customer commissions a third party (particularly in cases involving a freight forwarder) to carry out the transportation, we will be entitled to charge the customer an additional handling fee amounting to 10% of the remuneration charged by such a third party for the transport.
  6. Transport insurance will be arranged only upon the customer's express request and at the customer's expense.
  7. Single-use packaging will be charged at cost price and will not be taken back by us. Reusable packaging (e.g. wire mesh containers or nursery pallets) will remain our property and must be returned to us within one week of delivery at the customer's expense.
  8. If the customer is a business customer and is in default of acceptance or culpably breaches any other duty to cooperate, we will be entitled to demand compensation from the customer for the damage thereby incurred, including any additional expenses, such as costs for maintenance, storage, or repeated transport. Instead of claiming actual damages, we will be entitled in such cases to claim liquidated damages in the amount of 30% of the net invoice value without further proof. Further claims will remain unaffected. The customer will be entitled to prove that such damage did not occur or was significantly lower.
  9. In the case of business customers, we will be entitled to claim damages for delays in unloading the goods for which the customer is responsible. This can apply where such damages arise, due to the customer failing to unload the goods within two hours and this results in additional forwarding or other delay-related costs for us.

§ 6 Customer's Duty to Inspect and give Notice of Defects on the Receipt of the Goods; Care Instructions

1. The following will apply to business customers:

a) The customer is obliged to inspect the delivered goods immediately, but no later than 24 hours after receipt, for completeness, correctness, and for any defects. In the event of an incorrect delivery or if any defect or deficiency becomes apparent, the customer will notify us immediately in writing, preferably via e-mail together with detailed photographic documentation. If the customer fails to provide such notice, the goods will be deemed approved unless the defect was not identifiable during the inspection.

b) If such a defect becomes apparent at a later stage, the customer must notify us immediately upon discovery in writing (preferably via e-mail); otherwise, the goods will be deemed approved with respect to that defect.

2. The following will apply to customers who are consumers:

The customer is obliged to notify us of any obvious defects pertaining to the delivered goods within 14 days of receipt. Otherwise, reliance on such obvious defects will be excluded.

3. Timely dispatch of the notice will be sufficient to preserve the rights under paragraphs 1 and 2 of this section.

4. Where care instructions are provided by us, the customer is advised to observe them.

§ 7 Delivery Dates and Completion Dates, Partial Deliveries, Force Majeure, Temporary and Permanent Impediments to Performance/Delivery, Default of Acceptance

  1. Delivery dates, completion dates, or other deadlines that have not been expressly agreed as binding will be deemed non-binding estimates only.
  2. We will be entitled to make partial deliveries and render partial performance at any time, provided this is reasonable for the customer.
  3. In the event of force majeure or unforeseen circumstances beyond our control, such as terrorist attacks, natural disasters, epidemics (including COVID-19), strikes, sanctions, war, or war-like events, the period for performance will be extended by the duration of the impediment resulting from such an event. Strikes and lockouts occurring within the respective enterprise of the affected contracting party will not be covered by this clause.
  4. The affected contracting party will be released from its obligation to perform where the events or circumstances described in paragraph 3 of this Section result in the following:

    a) Performance becoming impossible (cf. Section 275 (1) of the German Civil Code (BGB));

    b) Performance or delivery requiring expenditure which, considering the content of the obligation and the principles of good faith, is grossly disproportionate to the other contracting party’s interest in performance. In determining the efforts that may reasonably be expected from the affected contracting party, consideration will also be given to whether the affected party is responsible for the impediment to performance (cf. Section 275 (2) BGB);

    c) The affected contracting party being required to perform the obligation personally and such performance cannot reasonably be expected from that party after balancing the obstacle to performance against the other contracting party’s interest in performance (cf. Section 275 (3) BGB).

  5. If the original performance was tied to a specific date or deadline and the other contracting party made the continued existence of its interest in performance dependent on the timeliness of the performance, then the other contracting party is entitled to withdraw from the contract after the agreed date or deadline has passed.
  6. If the events or circumstances referred to in paragraph 3 of this Section continue uninterrupted for more than six weeks, or if the performance date is delayed by more than eight weeks due to force majeure or unforeseen circumstances beyond the affected party’s control, the other contracting party will be entitled to withdraw from the contract.
  7. The assertion of any further claims, in particular claims for damages, by the other contracting party will be excluded in the event of circumstances as described in paragraph 3 of this Section.
  8. The affected contracting party will inform the other contracting party in writing, preferably via e-mail, without undue delay, and no later than within one week, of the occurrence of the events or circumstances referred to in paragraph 3 of this Section, as well as of the expected end of the related impediment to performance.
  9. The statutory provisions of the German Civil Code (BGB) governing withdrawal from contracts will otherwise remain unaffected.
  10. In addition, for business customers only, in the event of failure to take delivery of the goods or delayed acceptance:

    If the customer fails to accept the goods at the agreed time, or acceptance is impossible at the agreed time due to circumstances attributable to the customer, the customer will be deemed to be in default of acceptance. In the event of such default, we will be entitled, beginning on the second day of default, to demand a contractual penalty amounting to 0.1% per day, but not exceeding 5% of the respective net order value, without prejudice to any further claims for damages. We reserve the right to grant an additional period of 10 business days for acceptance. If acceptance also fails within this additional period, we will be entitled to withdraw from the contract; the provisions of Section 323 BGB will remain unaffected.

§ 8 Deliveries Abroad

  1. In the case of deliveries made abroad (outside Germany) at the customer’s request, the customer will, prior to the conclusion of the contract and before delivery, inform us of any statutory safety regulations, import requirements, import prohibitions, and plant health regulations applicable in the respective country in connection with the delivery of the goods. We will be entitled to recover any additional costs arising therefrom, from the customer.
  2. For such international deliveries, the customer will ensure that all necessary governmental and/or private-law authorisations have been obtained and that no plant health regulations or export restrictions of the countries concerned are violated by the delivery. We will be entitled to be reimbursed by the customer for additional costs arising therefrom.
  3. The customer will be solely responsible for ensuring that the order and the delivery comply with the legal requirements of the countries concerned and that no import restrictions are infringed. Otherwise, the customer will bear all related additional costs, including costs incurred by our company (e.g. waiting times, additional transport, or return transportation).
  4. The customer is advised that, due to the current European Union embargo against Russia (Council Regulation (EU) No. 833/2014), trade restrictions exist which prohibit the delivery of plants to Russia. Accordingly, both direct and indirect onward delivery or resale of goods subject to these trade restrictions to Russia or Belarus is prohibited. Consequently, an Embargo Violation could occur if:
    • the customer delivers goods subject to the trade restrictions directly to Russia or Belarus; or
    • the customer supplies such goods to third parties despite indications that those goods could subsequently be delivered or resold to Russia and/or Belarus.

    In such circumstances, allegations of negligent violations of the embargo could affect both the customer and our company.

  5. The customer will comply with the restrictions imposed by European Union embargoes even where the customer is not itself directly subject to their scope of application.
  6. If the customer directly or indirectly violates an EU embargo or other trade restrictions imposed by the European Union, we will be entitled to assert claims for damages. In lieu of proving actual damages, we will be entitled to claim liquidated damages equal to 50% of the net purchase price without further proof. The customer will be entitled to prove that no damage occurred or was significantly lower. Further claims, in particular claims arising from fines or penalties imposed on our company because of such a violation, will remain reserved.

§ 9 Dimensions and Samples, Illustrations

  1. The specified plant dimensions do not constitute precise measurements. As the goods are natural products, deviations from the stated or intended size of up to 10% above or below are possible. Accordingly, we supply goods of an average type and quality.
  2. All product samples, illustrations, symbolic photographs, and all information concerning the colour, shape, and size of plants contained in brochures, on our website, or in other advertising materials are intended solely as examples and will be regarded as approximate only.

§ 10 Retention of Title

  1. In contracts with consumers, we retain title to the goods until the purchase price has been paid in full. In all other cases, we retain title to the goods until all claims arising from an ongoing business relationship, including ancillary claims, have been satisfied in full. The retention of title will remain effective even if individual claims are included in a current account and the balance has been struck and acknowledged.
  2. Our ownership of goods subject to retention of title will not be extinguished by the fact that the customer temporarily heels in or plants the delivered plants on its own property or on the property of a third party prior to resale. Goods subject to retention of title will be stored, heeled in, or planted separately from other plants and will be marked in such a manner that they can be identified as originating from us.
  3. The customer will be obliged to handle the goods subject to retention of title with due care and free of charge. This obligation includes proper storage, planting, fertilisation, and watering. The customer will immediately notify us of any access by third parties to the goods, such as in the event of attachment or seizure, as well as of any damage to or destruction of the goods, specifying the name and address of the attaching creditor. The customer will also notify us without undue delay of any transfer of possession of the goods or any change of the customer's place of residence.
  4. In the event of default in payment by the customer, or a breach of the obligations set out in paragraphs 2 and 3 above, we will be entitled to demand the return of the goods subject to retention of title.
  5. The customer will be entitled to resell the goods supplied by us in the ordinary course of business. Any other disposition, in particular pledging or granting security interests, will not be permitted. Where the goods subject to retention of title are not paid for immediately by the subsequent purchaser upon resale, the customer will resell them only subject to a corresponding retention of title. The right to resell the goods subject to retention of title will automatically cease if the customer suspends payments or falls into default.
  6. The customer hereby assigns to us, and we hereby accept, all claims, including all ancillary rights and security interests, arising from or in connection with the resale of goods subject to retention of title against the end customer or third parties. The customer will not enter into any agreements with its purchasers that exclude or impair our rights in any way or invalidate the advance assignment of claims. Where goods subject to retention of title are sold together with other goods, the claim against the third-party purchaser will be deemed assigned to us in the amount of the delivery price agreed between us and the customer, insofar as the invoice does not permit determination of the amounts attributable to the individual goods.
  7. The customer will remain authorised to collect the claims assigned to us until such authorisation is revoked by us at any time. Upon our request, the customer will provide all information and documents necessary for the collection of the assigned claims and, unless we do so ourselves, will immediately notify its purchasers of the assignment. If the customer has already assigned claims arising from the resale of the goods subject to retention of title to third parties, in particular under genuine or non-genuine factoring arrangements, or has entered into other agreements that may impair our present or future security interests under this Section, the customer will notify us thereof without undue delay. In the event of non-genuine factoring, we will be entitled to withdraw from the contract and demand the return of goods already delivered; the same will apply in the case of genuine factoring if, under the agreement with the factor, the customer is not free to dispose of the purchase price of the claim.
  8. If the value of the securities existing in our favour under the foregoing provisions exceeds the secured claims by more than 10%, we will, at the customer's request, release securities of our choosing to the extent of such excess.
  9. Any processing, transformation, mixing and/or combination of the goods subject to retention of title will be carried out on our behalf within the meaning of Section 950 BGB, without imposing any obligation upon us. If the goods subject to retention of title are processed, mixed, or inseparably combined with items not belonging to us, we will acquire co-ownership of the new item in proportion to the invoice value of our goods relative to the invoice values of the other processed or combined items. Where our goods are mixed or combined with other movable property to form a single item regarded as the principal item, the customer hereby transfers proportional co-ownership therein to us. The customer will hold such sole or co-ownership in safekeeping for us free of charge. The co-ownership rights arising hereunder will be deemed goods subject to retention of title. Upon our request, the customer will always provide the information necessary for the assertion of our ownership or co-ownership rights.

§ 11 Guarantees

We do not provide a guarantee of any kind.

If the customer expressly requests a growth guarantee (Anwachsgarantie) or a guarantee of varietal authenticity, such guarantee will require a separate agreement between our company and the customer setting out the relevant details.

§ 12 Statutory Warranty for Defects, Costs of Removal and Installation, Obligation to Notify Obvious Defects, Limitation Periods

1. The following will apply in relation to consumers:

In the event of an existing defect, the customer who is a consumer will initially have the choice either by way of remedying the defect or by a replacement delivery (delivery of a defect-free item).

However, we will be entitled to refuse the type of subsequent performance chosen, if it is only possible at a disproportionately high cost (cf. Section 439 (4) BGB) or if we are entitled to refuse performance for other statutory reasons, for example because performance would be unreasonable for us under the applicable legal provisions (cf. Section 275 (2) and (3) BGB).

2. The following will apply in relation to business customers:

Where a defect exists, we will, at our own discretion, be entitled, in relation to a business customer, to provide subsequent performance either by remedying the defect or by replacement delivery (delivery of a defect-free item).

In the event of subsequent performance, we will not be required to bear the increased costs resulting from the transportation of goods to a place other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

3. If the subsequent performance fails, the customer is entitled, at his or her discretion, either to reduce the purchase price or to withdraw from the contract.

4. If the customer is a consumer and has planted the defective item in accordance with its type and intended purpose, the applicable statutory provisions will apply in this respect.

For business customers, the customer will not be entitled to demand reimbursement from us for expenses incurred in removing the defective item or in installing, planting, or attaching the repaired or replacement defect-free item. Such claims for reimbursement are expressly excluded unless we have fraudulently concealed the defect.

5. Where the subject matter of the purchase is a living plant, the customer (including a consumer) will, in the event that the plant dies, becomes infested with pests, or suffers any other disease, bear the burden of proving—even within twelve months after the passing of risk—that such circumstances already existed at the time of delivery and were not caused by improper handling on the part of the consumer.

6. The customer will be entitled to withdraw from the contract in the following cases:

  • if we have refused the chosen method of subsequent performance because it would involve disproportionate costs;
  • if subsequent performance by us is impossible or unreasonable for the customer;
  • if we have failed to perform by a certain date or within a period specified in the contract (a so-called fixed-date transaction), even when, having been made aware, by the customer, of special circumstances regarding delivery, that was essential to the customer, prior to the conclusion of the contract.
  • if we have seriously and finally refused subsequent performance; or
  • if, in the case of performance by our company that is not in conformity with the contract, unusual circumstances exist which, after weighing the interests of both parties, justify the customer's immediate withdrawal from the contract.

7. The statutory provisions pursuant to Section 437 No. 3 BGB will apply to the assertion of claims for damages.

1. All claims by the customer based on defects shall become time-barred one year after delivery of the goods, unless we have granted a longer limitation period in an individual case.

The preceding sentence 1 does not apply to claims for reimbursement of expenses (Section 445a BGB) or other warranty claims of the customer pursuant to Section 437 BGB in the case of so-called supplier recourse (Section 478 BGB), for which Section 445b BGB applies.

§ 13 Varieties Protected by Patent Law and Plant Variety Protection Law

The purchase of varieties protected by patent law or plant variety protection law, as well as varieties whose names are protected under trademark law, obliges the business customer to resell such varieties exclusively with the original labels supplied together with the plants.

Furthermore, the customer will not use the purchased plants, or parts thereof, for propagation purposes. Where such plants are resold, the customer is obliged to impose these same measures on their own buyers.

§ 14. Liability, Limitation of Liability, Exclusion of Liability

1. We shall be liable for damages arising from injury to life, body, or health in accordance with the applicable statutory provisions. Any limitation or exclusion of liability will not apply in this respect.

2. For all other damages, we shall be liable in cases of intent and gross negligence in accordance with the statutory provisions.

3. In cases of ordinary negligence, we will only be liable as stated below:

  • for the breach of essential contractual obligations (so-called cardinal obligations), the fulfilment of which is indispensable for the proper performance of the contract and upon whose compliance the customer regularly relies on and may reasonably rely; or
  • in the event of our delay, where a fixed delivery date has already been agreed.

    In such cases, our liability will be limited to the typical and foreseeable damage arising under the contract. We will not be liable for any loss of profit.

4. Any further liability for ordinary negligence is excluded.

5. The above provisions concerning liability also apply to breaches of duty by our legal representatives and agents acting on our behalf.

6. Claims under the German Product Liability Act, as well as claims arising from guarantees expressly assumed by us regarding the quality of goods or the achievement of a specific result, or from the assumption of a procurement risk, shall remain unaffected.

7. To the extent that we are obliged to reimburse a customer for legal costs incurred in enforcing the customer's rights, we shall only reimburse the solicitors guideline hourly rates and expenses calculated in accordance with the German Lawyers’ Remuneration Act.

§ 15 Applicable Law, Place of Jurisdiction, Severability Clause

1. All legal relationships between the parties will be governed exclusively by the laws of the Federal Republic of Germany. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) will not apply.

2. Place of Jurisdiction If the customer is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract will be our registered place of business.

The same applies – including in dealings consumers, where the customer has no general place of jurisdiction in Germany or where the customer's place of residence or habitual abode is unknown at the time legal proceedings are commenced.

In all other respects, statutory provisions apply.

3. Severability Clause Should any provision of the contract concluded with the customer, including these General Terms and Conditions, be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions will remain unaffected.

Part B – Customer Information

1. Information on the Identity of the Seller

Unless expressly stated otherwise, the customer enters into the contract exclusively with Baum & Bonheur GmbH.

Address:

Baum & Bonheur GmbH
Herrenpfad 14
41334 Nettetal
Germany

Managing Directors: Ralf Steinmeister, Peyrik Möller

Telephone: +49 2157 818 0

Fax: +49 2157 818 180

E-mail: info@baumbonheur.com

2. Essential Characteristics of the Goods

The essential characteristics of the goods offered are set out in the respective product description.

3. Information on Payment and Delivery

Payment may be made upon delivery by invoice and, in the case of personal collection, by cash payment, direct debit, or bank transfer.

The available payment methods and further payment conditions are set out in Section 3 of these General Terms and Conditions (Part A).

4. Information on the Total Price of the Goods

The price of the goods is determined by the respective product description. The applicable price will be the price valid at the time the order is placed.

All prices are stated in euros and include the applicable statutory value-added tax (VAT).

5. Information on the Existence of a Right of Withdrawal

Where the customer qualifies as a consumer within the meaning of Section 13 BGB, the customer will have a statutory right of withdrawal in the case of a distance-selling contract.

For the purposes of this provision, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside that person's trade, business, or self-employed professional activity.

Notice of the Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason.

The withdrawal period will expire fourteen days from the day on which you, or a third party designated by you who is not the carrier, took possession of the last item of goods.

To exercise your right of withdrawal, you must inform us:

Baum & Bonheur GmbH
represented by its Managing Directors
Ralf Steinmeister and Peyrik Möller
Herrenpfad 14
41334 Nettetal
Germany

Telephone: +49 2157 818 0
Fax: +49 2157 818 180
E-mail: info@baumbonheur.com

by means of a clear declaration (i.e. a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract.

You may use the attached model withdrawal form for this purpose, although this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse to you all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract.

For this reimbursement, we will use the same means of payment that you used for the original transaction; unless you have expressly agreed otherwise. In no event will you incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the returned goods or until you have supplied evidence that you have sent back the goods, whichever occurs first.

You will send back or hand over the goods to:

Baum & Bonheur GmbH
Herrenpfad 14
41334 Nettetal
Germany

without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

You will bear the direct costs of returning the goods.

You will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To:

Baum & Bonheur GmbH
Herrenpfad 14
41334 Nettetal
Germany

Fax: +49 2157 818 180
E-mail: info@baumbonheur.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the purchase of the following goods (*) / for the provision of the following service (*)

Ordered on (*) / received on (*)

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is submitted on paper):

Date:

(*) Delete as appropriate.

6. Costs of Using Means of Distance Communication

No separate costs are incurred for the conclusion of the contract through means of distance communication.

7. Information on the Storage of the Contract Text

The contents of the contract concluded with us will be stored by us.

8. Warranty and Guarantee Conditions

The applicable statutory warranty rights are set out in Section 12 of these General Terms and Conditions (Part A). Any guarantees will be governed by the applicable statutory provisions.

9. Language of the Contract and Customer Information

The contract will be concluded exclusively in the German language, and the pre-contractual information pursuant to Article 246b § 1 EGBGB will also be provided exclusively in German.

We undertake, with the customer's consent, to communicate exclusively in the German language for the duration of this contract.

10. Contractual Termination Conditions

The general statutory provisions will apply. The right to terminate the contract without notice for good cause will remain unaffected.

11. Consumer Dispute Resolution Body – Information Obligation pursuant to Section 36 VSBG

We participate in dispute resolution proceedings before a consumer arbitration board.

The competent body is:

Universalschlichtungsstelle des Zentrums für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl am Rhein
Germany

Further information is available at:

https://www.universalschlichtungsstelle.de/