Terms and Conditions

§ 1 Validity and Definitions of Terms

(1) BOTANIST, Maximilian Stein, Am Wasenbrunnen 7, 72297 Seewald, Germany (hereinafter referred to as: “we” or “BOTANIST”) under the website https://www.botanist-collection.com operates an online shop for goods. The following general terms and conditions apply for all services between us and our customers (hereinafter referred to as: “Customer” or “you”) in the version valid at the time an order is placed, unless otherwise explicitly agreed upon.

(2) “Consumer” within the meaning of these terms and conditions is any natural person who enters into a business relationship with purposes, which can be attributed neither to his commercial nor to his independent professional occupation. An “entrepreneur” is a natural or legal entity or a partnership with the legal capacity to conclude legal transactions, which carries out commercial or independent professional activities on entering into a legal transaction. A partnership with the legal capacity to conclude legal transactions is a partnership capable of acquiring rights and incurring obligations.

§ 2 Formation of Contracts, Storage of the Contract Text

(1) The following rules on the formation of a contract apply to orders placed with our online shop on our website https://www.botanist-collection.com.

(2) Our product presentations in the internet are non-binding and do not represent any binding offer for the conclusion of a contract.

(3) When receiving an order in our online shop the following rules apply: By successfully completing the ordering process provided in our online shop, the customer submits a binding offer for a conclusion of a contract.

The order is carried out in the following steps:

Select the desired goods, click the respective buttons (Add to bag) to add products, check information in the shopping bag, click the respective buttons (e.g. Checkout now) to access the order summary, input/check the address and contact data, select method of payment, confirm Terms and Conditions and Cancellation policy, click button Buy now to conclude the order. Your order is now binding.

(4) You can correct input errors with the normal keyboard, mouse, and browser functions (e.g. the Back button of the browser). They can also be corrected by prematurely cancelling the order transaction, closing the window and repeating the procedure.

(5) The order can only be submitted and sent when the customer at the end accepts the contractual terms, thereby incorporating them into his request, by clicking the button I Accept your GT&C.

(6) BOTANIST will then send the customer an automatic confirmation of receipt via email, listing the order of the customer again, which the customer can print out using the “Print” function. The automatic confirmation of receipt documents that the customer’s order has been received by the supplier and at the same time constitutes acceptance of the request. The contract is thus concluded.

(7) In case of the conclusion of the contract, the contract is concluded with the BOTANIST, Maximilian Stein, Am Wasenbrunnen 7, 72297 Seewald, Germany.

(8) Before ordering, the contract data can be printed out using the browser’s printing function or they can be saved electronically. Irrespective of this, the customer will receive all relevant order data via email, which then can be printed out. We do not save the text of the contract after the contract is concluded.

(9) The processing of the order and the transmission of all information in connection with the conclusion of the contract is made by email partly automated. The customer therefore must ensure that the email address deposited by the orderer is correct and that emails from BOTANIST will not be filtered by SPAM filters.

§ 3 Delivery, Disposability of Goods

The period of delivery is between two to four working days. The supplier explicitly will inform the customer of possible divergences in the delivery times on the respective product side.
Should the ordered product not be available after confirmation of the order for lack of supply without fault, the supplier will immediately inform the customer. In case of a subsequent delay in delivery of more than seven days, the customer has the right to withdraw from the contract. In that case incidentally, the supplier also is entitled to free himself from the contract. The supplier will immediately refund any payments that the customer already made.

§ 4 Prices and Shipping Costs

(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components inclusive of all applicable taxes. In the case of cross-border delivery there may be further taxes (e.g. in the case of an intra-Community acquisition) and/or charges (e.g. duties), which the buyer directly will have to pay to the competent customs or tax authorities and not to the supplier.

(2) The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment demands are due immediately upon conclusion of the contract.

(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective article is not identified as free of shipping costs. You will be again informed on the shipping costs on the offers, in the shopping cart system and on the order overview.

§ 5 Material Defect Warranty

The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. of the German Civil Code (BGB). The buyer is entitled to the regular legal warranty rights for goods of the supplier.

§ 6 Right of retention, Reservation of Title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

§ 7 Warranty

(1) Subject to the following exceptions, our liability for contractual breaches of duty and for unlawful acts shall be limited to intent or gross negligence.

(2) In the event of slight negligence, we shall have unlimited liability in the case of injury to life, body or health or in the event of breach of a material contractual obligation (cardinal obligations). If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and whose observance you may regularly rely on. This includes in particular our obligation to take action and to perform the contractually owed service, which is described in § 3.

§ 8 Final Provisions

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

(3) The contractual languages are exclusively German and English.

(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of BOTANIST.