General Terms and Conditions
§ 1 Scope and contract language
(1) These General Terms and Conditions (T&Cs) apply to all contracts concluded between you and us, Hive & Harvest GmbH, Honigweg 12, 25479 Ellerau, Germany, represented by its managing director, Jonas Imker (see our legal notice), via this online shop.
(2) We do not recognise any deviating or conflicting terms and conditions unless we have expressly agreed to them. (3) The only language available for concluding the contract is German. Translations of these T&Cs into other languages are provided for your information only. In the event of any differences between the language versions, the German text prevails.
§ 2 Applicable law, mandatory consumer protection provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, if
- (a) you have your habitual residence in Germany, or
- (b) your habitual residence is in a state that is not a member of the European Union.
If you have your habitual residence in a member state of the European Union, German law likewise applies, although the mandatory provisions of the state in which you have your habitual residence remain unaffected.
§ 3 Conclusion of the contract
(1) The presentation of goods and services in our online shop is not a legally binding offer but an invitation to place an order (invitatio ad offerendum).
(2) By clicking the "Order with obligation to pay" button in the last step of the ordering process, you submit a binding offer to purchase or book the goods and/or services shown in the order summary. Immediately after sending your order you will receive an order confirmation, which does not yet constitute acceptance of your offer.
A contract between you and us is concluded as soon as we accept your order and/or booking by a separate email or dispatch the goods. Please check the spam folder of your email account regularly.
§ 4 Technical steps leading to the conclusion of the contract and correction of input errors
During the ordering process you first place the desired goods or services in the shopping cart. There you can change the desired quantity or remove selected goods or services entirely at any time.
Once you have placed goods or services in the cart, clicking the "Continue" buttons takes you first to a page where you can enter your details and then select the shipping and payment method.
Finally, a summary page opens on which you can review your details. You can correct input errors (for example regarding payment method, details or desired quantity) by clicking "Edit" next to the relevant field.
If you wish to cancel the ordering process completely, you can simply close your browser window. Otherwise, your declaration becomes binding within the meaning of § 3 (2) of these T&Cs once you click the "Order with obligation to pay" confirmation button.
§ 5 Storage of the contract text
The contract terms, including details of the goods ordered and/or services booked, these General Terms and Conditions and the cancellation policy, will be sent to you by email together with the acceptance of the contract offer or with the notification of it. We do not store the contract terms ourselves.
§ 6 Registration in our online shop; processing of your personal data
(1) In our online shop you can order goods or services as a guest or as a registered user.
As a registered user you do not have to enter your personal details every time; instead, before or during an order you can simply log in to your customer account with your email address and the password you freely chose at registration.
Registration alone does not create any obligation to purchase the goods we offer.
For information on how your data is processed, please read our privacy information, which you can access at the following link: /en/page/privacy-policy. When you register, you choose a personal username and a password.
§ 7 Payment terms
The purchase price is due immediately upon ordering. Goods can be paid for by advance payment, cash on delivery, invoice (only for trade customers and selected private customers), SEPA direct debit mandate or cash payment on collection.
§ 8 Retention of title
(1) The goods remain our property until they have been paid for in full.
(2) If you are not a consumer within the meaning of § 13 of the German Civil Code (BGB), you are entitled to resell goods subject to retention of title in the ordinary course of business.
However, you may not pledge the reserved goods or transfer them as security. In the case of resale, you hereby assign to us, up to the invoice value of our claim, all claims arising from such resale, regardless of whether the resale takes place before or after any processing of the goods delivered under retention of title. We accept this assignment.
Notwithstanding our authority to collect the claim ourselves, you remain authorised to collect the claim even after the assignment. In this respect, we undertake not to collect the claim ourselves as long as and to the extent that you meet your payment obligations, no application for the opening of insolvency or similar proceedings has been filed against your assets, and there is no suspension of payments.
If the above-mentioned securities exceed the claims to be secured by more than 10%, we are obliged, at your request, to release securities of our choice.
§ 9 Delivery terms
We deliver the goods in accordance with the agreements made with you. Any shipping costs incurred are shown during the ordering process and are shown separately by us on the invoice.
§ 10 Right of withdrawal
If you are a consumer within the meaning of § 13 BGB, you have a right of withdrawal in accordance with the cancellation policy set out in the appendix. A consumer is any natural person who concludes a legal transaction for purposes that can be attributed neither predominantly to their commercial nor to their self-employed professional activity.
§ 11 Warranty for purchases of goods
(1) If the goods purchased and delivered in our online shop are defective, you are entitled, within the scope of the statutory provisions, to demand subsequent performance, to withdraw from the contract or to reduce the purchase price.
(2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects that we have fraudulently concealed are subject to the regular limitation period.
(3) You are also entitled to rights in respect of defects under a guarantee of quality and/or durability, provided that we have expressly given such a guarantee in the individual case for the item sold.
(4) If you are not a consumer within the meaning of § 13 BGB, the following also applies:
- (aa) We have the right to choose the type of subsequent performance.
- (bb) A prerequisite for any warranty rights is that you properly fulfil all duties of inspection and notification of defects owed under § 377 of the German Commercial Code (HGB).
- (cc) The limitation period for warranty claims for the delivered goods is, except in the case of claims for damages, twelve months from receipt of the goods.
§ 12 Limitation of liability
We are liable for intent and gross negligence. We are also liable for the negligent breach of obligations whose fulfilment is essential for the proper performance of the contract, whose breach jeopardises the achievement of the purpose of the contract and on whose observance you as a customer may regularly rely. In the latter case, however, we are liable only for foreseeable damage typical for this type of contract. The same applies to breaches of duty by our vicarious agents.
The above exclusions of liability do not apply in the case of injury to life, body or health. Liability under the Product Liability Act remains unaffected.
§ 13 Place of jurisdiction; online dispute resolution and alternative dispute settlement; severability clause
(1) If, at the time of concluding the contract, you were not a consumer within the meaning of § 13 BGB and had your residence or habitual abode in Germany, or you have moved it out of Germany by the time we bring an action, or your residence or habitual abode is unknown at that time, the place of jurisdiction for all disputes is the registered office of our company in Ellerau (Germany).
(2) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board under the Consumer Dispute Resolution Act (VSBG).
(3) If you are not a consumer within the meaning of § 13 BGB, the following applies:
- (aa) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
- (bb) The place of performance and the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Ellerau.
(4) Should individual provisions of this contract be invalid, the remainder of the contract shall not be affected.
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods; in the case of partial deliveries, from the day on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last item.
To exercise your right of withdrawal, you must inform us, Hive & Harvest GmbH, Honigweg 12, 25479 Ellerau, Germany, orders@hive-and-harvest.example, of your decision to withdraw from this contract by means of a clear statement (for example a letter sent by post or an email).
You may use the attached model withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of the exercise of the right of withdrawal before the withdrawal period has expired.
The right of withdrawal does not apply to the following contracts:
- Contracts for the supply of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly tailored to the consumer's personal needs,
- Contracts for the supply of goods that can spoil quickly or whose expiry date would quickly be exceeded,
- Contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- Contracts for the supply of goods if, after delivery, they have been inseparably mixed with other goods due to their nature,
Consequences of withdrawal
If you withdraw from this contract, we must reimburse all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery we offer), without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract.
We will use the same means of payment for this repayment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you notify us of the withdrawal from this contract.
The deadline is met if you send the goods before the period of 14 days has expired. You bear the direct costs of returning the goods.
Model withdrawal form
Model withdrawal form pursuant to Annex 2 to Article 246a § 1 (2) sentence 1 no. 1 and § 2 (2) no. 2 of the Introductory Act to the German Civil Code (EGBGB)
(If you wish to withdraw from the contract, please complete and return this form.)
To Hive & Harvest GmbH,
Honigweg 12
25479 Ellerau, Germany,
orders@hive-and-harvest.example:
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (detailed description so that it can be clearly determined which goods the withdrawal relates to), the provision of the following services (detailed description so that it can be clearly determined which goods the withdrawal relates to) (*)
ordered on (*) . . . . . / received on (*) . . . . .;
- Name of the consumer(s);
- Address of the consumer(s);
- Signature of the consumer(s);
- (only if notification is made on paper);
Date
(*) Delete as applicable
– End of the General Terms and Conditions –