General Terms and Conditions
§1 Scope and Definitions
(1) Küsten Jungle, Max Kucher, Mojeweg 14, 27639 Wurster Nordseeküste, Germany (hereinafter referred to as „we“ or „Küsten Jungle“) operates an online shop for goods on the website https://kuesten-jungle.de. The following General Terms and Conditions apply to all services between us and our customers (hereinafter referred to as „Customer“ or „you“) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) „Consumer“ for the purposes of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their own independent professional activity. „Entrepreneur“ is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
§2 Conclusion of Contract and Storage of the Contract Text
(1) The following provisions on the conclusion of the contract apply to orders placed via our online shop at https://kuesten-jungle.de.
The presentation of our products on the internet is not a binding offer, but rather a non-binding invitation to order.
(3) The customer issues a binding contract offer by successfully completing the ordering process in our online shop. The order is placed in the following steps:
- Selection of desired goods
- Add products by clicking the corresponding button (e.g., „Add to Cart“)
- Review of items in the shopping cart
- Call up the order overview by clicking the corresponding button (e.g., „Proceed to checkout“)
- Entering or checking address and contact details, selecting the payment method, and confirming the terms and conditions and cancellation policy
- Completing the order by clicking the „Buy now“ button constitutes your binding order.
The contract is concluded when we send you an order confirmation to the specified email address within three business days.
(4) If the contract is concluded, the contract is concluded with Küsten Jungle, Max Kucher, Mojeweg 14, 27639 Wurster Nordseeküste, Germany.
(5) Before placing your order, you can print the contract data using your browser's print function or save it electronically. All contract-relevant information, in particular order data, general terms and conditions, and cancellation policy, will be transmitted via email after the order is placed, partly automated. We do not store the contract text after the contract is concluded.
(6) Input errors can be corrected using standard keyboard, mouse, and browser functions (e.g., the browser's „back button“). Alternatively, the ordering process can be canceled and restarted.
(7) You must ensure that the email address you provide is correct and that you can receive our messages. Specifically, ensure that our messages are not blocked by spam filters.
§3 Subject Matter of the Contract and Essential Product Features
The subject of the contract is the sale of goods. The specific products offered can be found on the respective item pages.
(2) The essential characteristics of the goods are listed in the respective product description. If the agreed quality of the goods deviates from the usual quality, this is expressly indicated in the product description (negative quality agreement). If the customer has given their express consent to the negative deviation in quality, this defines the subject matter of the contract.
§4 Prices, Shipping Costs, and Delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The purchase price must be paid before delivery (advance payment), unless we expressly offer purchase on account. The available payment methods are listed in the online shop. Unless otherwise stated for the individual payment methods, payment claims are due immediately.
In addition to the stated prices, shipping costs may apply unless the respective item is marked as free shipping. Shipping costs will be indicated in the offer, in the shopping cart, and in the order summary.
(4) All offered products are ready for shipment immediately, unless expressly stated otherwise in the product description (delivery time: up to 10 working days after receipt of payment).
(5) We ship worldwide. Exceptions and any differing shipping costs for specific regions will be shown separately in the online shop.
(6) If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This shall not apply to the costs of outward delivery if you effectively exercise your right of withdrawal. For the costs of return, the regulation made in the cancellation policy shall apply in the case of effective exercise of the right of withdrawal.
§5 Right of Retention and Reservation of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§6 Right of Withdrawal
As a consumer, you have a right of withdrawal. The details can be found in our cancellation policy.
§7 Language of Contract
The contract language is exclusively German.
§8 Liability
(1) Subject to the exceptions below, our liability for breach of contract and for tort is limited to intent and gross negligence.
(2) In cases of slight negligence, we are liable without limitation for injury to life, limb, or health, as well as for the breach of a material contractual obligation. In cases of slight negligence and breach of a material contractual obligation, liability for property damage and financial loss is limited to the damage that is typically foreseeable under the contract. A material contractual obligation is one whose fulfillment is essential for the proper performance of the contract and the observance of which the customer may regularly rely on.
§9 Warranty
(1) The warranty shall be governed by the statutory provisions.
(2) The warranty period for delivered goods to entrepreneurs is 12 months.
(3) As a consumer, you are asked to check the goods for completeness, obvious defects and transport damage immediately upon receipt and to notify us and the transport company of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
§10 Shipping Damage
(1) We always pack our plants to the best of our knowledge and belief. Nevertheless, isolated damage can occur during transport. If you notice any damage upon arrival of the plant, please send us a short message – preferably with photos of the damage – on the same day of arrival. We will get back to you promptly and find a solution together.
(2) Since each plant is unique, a redelivery of the same plant is generally not possible. As a solution, we offer a partial or full refund of the purchase price or a gift voucher.
§11 Colors, Shape, and Designation of Plants
(1) All product images were taken in our own premises. The colors of the delivered plants may differ from the illustrations due to different lighting conditions.
(2) The designation and naming of the plants are done to the best of our knowledge and belief. Despite careful research, errors in nomenclature may occasionally occur, for which we assume no liability.
§12 Final Provisions and Dispute Resolution
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.
(3) 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 shall be the registered office of Küsten Jungle.
(4) The EU Commission provides an online dispute resolution platform (ODR platform) at https://ec.europa.eu/consumers/odr/. Our email address is: info@kuesten-jungle.de. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.