Imprint & AGeneral Gbusinessbconditions

Gassner Vertriebs GmbH
Villacherstraße 60
9220 Velden am Wörthersee
Austria
Mobile: 0650 / 717 09 83
E-mail: office@gardenshaman.eu

UID number: ATU68192617
Company register number: FN 402946 v
Commercial Register Court: Regional Court Klagenfurt am Wörthersee
UID number: ATU50168401
Place of jurisdiction: District Court Villach, Austria

Information obligations according to e-commerce law
Managing Director: Christian Gassner

Important: We have NO retail storewhere you can buy our products or pick up orders!

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AGB - General Terms and Conditions

Scope of application

The General Terms and Conditions listed here apply exclusively in the version valid at the time of the order. For sales to customers within the meaning of the Consumer Protection Act, the terms and conditions listed apply only insofar as the Consumer Protection Act does not stipulate other mandatory provisions.

The following terms and conditions apply to all deliveries and services provided by Gassner Vertriebs GmbH under this contract. Deviating or conflicting conditions, amendments or additions to this contract are only effective after express written confirmation by the representatives of "gardenshaman.eu".

Should individual provisions of the following General Terms and Conditions become invalid, this shall not affect the validity of the remaining provisions.

The place of performance for delivery and payment is the registered office of Gassner Vertriebs GmbH. Austrian law shall apply.
If our goods are exported to territories outside Austria by the customer or by persons who derive their rights from the customer, we assume no liability if the products infringe third-party property rights. The customer shall be liable for any damage caused by the export of the goods, unless the goods were delivered by us expressly for the purpose of export.

Prices

All prices are quoted in euros and include statutory VAT and apply to the goods illustrated and/or described. Transportation costs and/or cash on delivery charges will be charged to the customer additionally.

Terms of delivery

Delivery shall be made by advance payment/bank transfer/credit card/immediate bank transfer/SEPA or by collection on site (by appointment). The seller is free to choose the mode of shipment and transportation within the scope of the usual modes and means of transportation. Complaints arising from transport damage must be made by the customer immediately upon receipt of the goods both to the transport company in writing and to us - in the best case with documented photos. Any costs and measures incurred for the storage of the delivered goods shall be borne by and at the expense of the customer.

The respective delivery costs are calculated according to the type of product and depending on the country in which the order is to be shipped. The shipping costs are calculated automatically during checkout and are shown separately.

When ordering via the web store, the customer makes a binding contractual offer. The order is automatically followed by an order confirmation by e-mail. However, Gassner Vertriebs GmbH or gardenshaman.eu reserves the right to reject the order at its own discretion within three days of receipt of the order. The legally effective GTC must be confirmed by the customer in the course of the order in order to finalize the order.

Delivery times

The delivery time within Europe is between 5 and 14 days (within Austria 2-3 days) from full payment of the order, but may be extended due to limited availability, delivery bottlenecks or similar. Exceeding the delivery period due to lack of availability shall be deemed objectively justified and reasonable and shall also be deemed approved by the customer. In any case, the customer will usually be informed of a delay in delivery by e-mail or telephone.
In the event of a change of address by the customer, the customer must inform gardenshaman.eu immediately.

Payment

Unless otherwise agreed, all invoices are due immediately and without deduction.
The following payment methods are possible via the webshop: payment by bank transfer (advance payment), credit card, collection on site, instant bank transfer and SEPA.

In the event that banks refuse payment due to insufficient funds, Gassner Vertriebs GmbH reserves the right to refuse delivery or cancel the order.

Right of withdrawal

In accordance with § 5e KSchG, the customer has the right to withdraw from the purchase contract within seven working days of receipt of the goods by the customer. Withdrawal must be declared in writing by email; timely dispatch is sufficient to meet the deadline.

When exercising the right of withdrawal, the customer is obliged to return the complete and unopened goods. Otherwise, Gassner Vertriebs GmbH reserves the right to refund the purchase price for any reduction in value resulting from the use of the goods. The costs of the return shipment shall be borne by the customer in the event of withdrawal.

Retention of title

The delivered goods remain the property of Gassner Vertriebs GmbH or gardenshaman.eu until all claims against the customer have been paid in full.

Warranty

Defects in the delivered goods must be identified within one week of receipt and reported to gardenshaman.eu in writing, otherwise the assertion of the warranty is excluded. In this case, the burden of proof for the defect lies with the customer. If a defect is evident in the delivered goods and is recognized by gardenshaman.eu after return, the customer can initially only demand the replacement of the goods. If the replacement delivery by gardenshaman.eu is not possible or involves a disproportionately high expense or if the replacement delivery is delayed beyond a reasonable period, the customer shall be entitled to withdraw from the contract, demand a replacement delivery or a refund of the purchase price.

In principle, only the specified expiration date shall apply as the warranty period. However, Gardenshamen.eu shall not be liable for defects due to improper storage or use of the goods, or for goods that have already been used and reported as defective.
Further claims of the customer are excluded gardenshaman.eu is not liable for damages that have not occurred to the delivered goods themselves, in particular not for lost profits of the customer.

Data protection

The customer agrees that his personal data contained in the purchase contract may be collected, stored and processed by gardenshaman.eu.
The personal data of the customer will be NOT made available to third parties.

In the event of a request to delete the customer profile, all personal data collected from our customers will be deleted from the system. Any personal data (customer's address) required for correct tax handling (invoice) will remain in written form, as required by law.

Any of our customers can request the deletion of their customer account by e-mail or telephone without giving reasons. All necessary contact details can be found in our Imprint deposited!

Newsletter

We reserve the right to send our registered users e-mails about news, new products, etc. at irregular intervals. The registration for the newsletter is made by the user himself and can be canceled at any time. The information provided for sending the newsletter (e-mail address, name) will be deleted by gardenshaman.eu after cancelation. All personal data provided by users will at NO TIME be passed on to third parties or misused for other purposes.

Law and justice

EVERY customer must inform themselves about the applicable law in their own country before purchasing any items on gardenshaman.eu and also assumes responsibility for ensuring that the ordered items may be legally obtained in the respective home country when completing the purchase. Gassner Vertriebs GmbH reserves the right in case of doubt - should products not be allowed to be shipped to the country to be sold - to withdraw from the sale at no cost to the buyer or, in such a case, any money already paid would be refunded.
Please check the applicable laws and import regulations in your country before purchasing on gardenshaman.eu and only then buy from us. Thank you!

Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are prepared to participate in an out-of-court dispute resolution procedure in such a case.
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Notes on some of our products:

Germination of seeds & handling plants

Our most important goal is to be able to offer seeds and plants of the highest quality and freshness. Nevertheless, despite the most careful storage and cultivation conditions, seeds may not germinate or produce plants. Since a large part of the successful cultivation of seeds/plants is in the hands of the end user, we cannot give any guarantee on plant seeds or plants sold by us, as these are 100% natural products.
Nevertheless, we are concerned about every single customer and would like to find a solution together in case of non-germination of seeds, etc.. In such a case, please contact us by e-mail or via the contact form and we will be happy to take care of the problem.

When preserving our plantsPlease remove them carefully from the packaging and ideally place them in partial shade so that the plant can recover. As the parcels are often handled carelessly during shipping, this can damage the plants. Normally, however, the plants recover quickly. Some of our plants are shipped without soil/substrate to prevent possible mold and to save shipping costs for our customers. Please plant these plants in suitable plant substrate upon receipt and water if necessary!

Important: In the event of excessively long transportation times by the post office or the respective courier service, we accept no liability whatsoever should this result in ordered plants/fresh seeds dying, being damaged or broken.

The same applies in the event that orders are inspected, confiscated, retained, etc. by customs or other authorities of the country of destination or any additional costs are incurred as a result. Any costs arising from the import of the order (e.g. customs duties or similar) are always to be paid by the customer and not by the seller, Gassner Vertriebs GmbH!

If you need help or advice on how to handle your plant, just contact us and we will be happy to help you :)! support@gardenshaman.eu