Terms and Conditions:

PK-Plants
Philipp Kleiner
Kobelweg 11
86156 Augsburg
Germany

Tel.: 015901352112
E-Mail: pkplants@proton.me

VAT identification number:

DE358094037


We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.




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General terms and conditions with customer information & information on data protection & cancellation policy & cancellation form
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Table of Contents

Section 1 Scope of Application

Section 2 Conclusion of Contract

Section 3 Prices

Section 4 Payment Terms

Section 5 Shipping, Delivery and Transfer of Risk

Section 6 Special Characteristics of Live Plants

Section 7 Complaints

Section 8 Statutory Warranty

Section 9 Retention of Title

Section 10 Limitation of Liability

Section 11 Information Regarding Variegated and Live Plants

Section 12 Data Protection

Section 13 Governing Law

Section 14 Dispute Resolution

Section 15 Final Provisions

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General Terms and Conditions (GTC)

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Section 1 – Scope of Application

(1) These General Terms and Conditions (GTC) apply to all contracts concluded between PK-Plants, operated by Philipp Kleiner, Kobelweg 11, 86156 Augsburg, Germany (hereinafter referred to as the "Seller"), and its customers (hereinafter referred to as the "Customer") via the online shop www.pkplants.de.

(2) A Consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession, as defined by Section 13 of the German Civil Code (BGB).

(3) A Business Customer (Entrepreneur) within the meaning of these GTC is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their commercial or independent professional activity when concluding a legal transaction, as defined by Section 14 of the German Civil Code (BGB).

(4) Any terms and conditions of the Customer that conflict with or deviate from these GTC shall not apply unless the Seller has expressly agreed to their validity in writing.

(5) The contractual language is German. If these GTC are provided in English, the English version is for convenience only. In the event of discrepancies or differences in interpretation, the German version shall prevail.

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Section 2 – Conclusion of Contract

(1) The products displayed in the online shop do not constitute a legally binding offer but rather a non-binding invitation to the Customer to place an order.

(2) By completing the electronic checkout process, the Customer submits a binding offer to purchase the products contained in the shopping cart.

(3) Upon receipt of the order, the Customer will automatically receive an order confirmation by email. This confirmation merely acknowledges receipt of the order and does not constitute acceptance of the Customer's offer.

(4) A purchase contract is concluded only when the Seller:

• expressly confirms the order by email;

• dispatches the ordered goods; or

• confirms shipment to the Customer.

(5) If a product is unavailable despite careful inventory management or cannot be supplied for reasons beyond the Seller's control, the Seller reserves the right to reject the order in whole or in part. Any payments already made will be refunded without undue delay.

(6) The Seller reserves the right to refuse or cancel orders, particularly where:

• obvious pricing errors have occurred;

• misuse of the online shop or ordering system is suspected;

• there are justified doubts regarding the identity of the purchaser;

• fraudulent activity is suspected; or

• legal or regulatory requirements prevent delivery.

Any further statutory rights of the Seller remain unaffected.

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Section 3 – Prices

(1) All prices are quoted in Euros (€).

(2) Unless otherwise stated, all prices include the applicable statutory Value Added Tax (VAT).

(3) Shipping costs are charged in addition to the product prices. The applicable shipping charges are displayed during the checkout process before the order is completed.

(4) Deliveries to countries outside the European Union may be subject to customs duties, import taxes, VAT, or other charges imposed by the destination country. Such costs are not included in the purchase price and shall be borne exclusively by the Customer.

(5) The prices displayed in the online shop at the time the order is placed shall apply.

(6) The Seller reserves the right to correct obvious pricing, typographical, or calculation errors. Statutory rights remain unaffected.

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Section 4 – Payment Terms

(1) The Customer may use only the payment methods offered during the checkout process.

(2) Unless otherwise agreed for the selected payment method, the purchase price, including shipping costs, becomes due immediately upon conclusion of the purchase contract.

(3) Where payment is processed through a third-party payment provider (e.g. PayPal, Klarna, Stripe, or similar providers), the respective terms and conditions of that payment provider shall also apply.

(4) If the Customer defaults on payment, the Seller shall be entitled to charge statutory default interest and to assert any further legal claims.

(5) The Customer may only offset claims against the Seller if such claims have been finally adjudicated by a court, are undisputed, or have been expressly acknowledged by the Seller.

(6) The Customer may exercise a right of retention only insofar as the counterclaim arises from the same contractual relationship.

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Section 5 – Shipping, Delivery and Transfer of Risk

(1) Delivery shall be made to the shipping address provided by the Customer.

(2) Live plants are shipped only on designated shipping days that ensure the shortest possible transit time. The Seller reserves the right to adjust shipping days for operational reasons or where necessary to protect the health and quality of the plants.

(3) In the event of extreme weather conditions, including but not limited to frost, excessive heat, or severe weather, or any other circumstances that may significantly affect the health or quality of live plants during transport, the Seller reserves the right to postpone shipment until suitable shipping conditions are restored. The Customer will be informed accordingly.

(4) Any delivery times stated are estimates only unless expressly agreed otherwise. Delays caused by shipping carriers, customs authorities, governmental measures, force majeure, or other circumstances beyond the Seller's reasonable control shall not give rise to claims for damages.

(5) If delivery cannot be completed due to an incorrect or incomplete shipping address provided by the Customer, refusal to accept delivery, or failure to collect the shipment from a parcel shop, pickup point, or parcel locker within the carrier's holding period, the Customer shall bear all resulting costs, including return shipping costs, reshipping charges, and any reasonable handling fees.

(6) For Business Customers, the risk of accidental loss or accidental deterioration of the goods shall pass to the Customer upon handover of the goods to the carrier. For Consumers, the statutory provisions shall apply.

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Section 6 – Special Characteristics of Live Plants

(1) All plants offered by the Seller are live natural products and unique specimens.

(2) Natural variations in size, number of leaves, leaf shape, growth habit, variegation, coloration, stem thickness, root development, leaf positioning, or other botanical characteristics shall not constitute a defect, provided that the delivered plant corresponds to the ordered variety.

(3) Product photographs are provided for illustrative purposes only and do not constitute a guarantee of specific characteristics. The delivered plant may naturally differ from the product images due to biological growth and development.

(4) Any information regarding plant size, number of leaves, or stage of development is approximate unless expressly stated otherwise.

(5) Changes occurring after shipment, including those resulting from natural growth processes, light conditions, temperature, humidity, or individual care, are beyond the Seller's control.

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Section 7 – Complaints

(1) The Customer is required to inspect the delivered goods immediately upon receipt for any obvious transport damage or visible defects.

(2) Obvious transport damage or visible defects should be reported without undue delay, preferably within 24 hours after delivery, together with clear photographs of the shipping box, shipping label, internal packaging, and the affected plant. The Customer's statutory rights remain unaffected.

(3) Until the complaint has been fully assessed, the plant should remain in its original delivered condition. In particular, leaves, roots, or other plant parts should not be removed, nor should the plant be repotted or the growing medium replaced without prior consultation, unless such action is absolutely necessary to preserve the plant.

(4) Returns may only be made with the Seller's prior approval.

(5) Returned goods must be packaged securely for transport. The Customer shall be responsible for any damage resulting from inadequate or improper packaging during the return shipment in accordance with applicable law.

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Section 8 – Statutory Warranty

(1) The statutory warranty rights shall apply unless otherwise provided below.

(2) In particular, the following shall not constitute defects:

• natural variations in size, number of leaves, variegation, coloration, or growth habit;

• minor transport-related leaf loss;

• individual torn or slightly damaged leaves;

• slight discoloration;

• temporary interruption of growth;

• temporary transport stress;

• natural changes occurring after delivery; or

• damage caused after the transfer of risk by improper care, unsuitable temperatures, inadequate humidity, inappropriate lighting, unsuitable growing media, waterlogging, drought, pest infestation, or any other external influences beyond the Seller's control.

(3) Unless expressly agreed in writing, the Seller does not guarantee the future development, coloration, variegation, growth habit, or continued growth of any plant.

(4) The Seller shall not be liable for damage resulting solely from the unavoidable biological characteristics of live plants or normal transport-related stress that does not constitute a defect under applicable law.

(5) Any replacement deliveries, refunds, discounts, vouchers, or other goodwill gestures are provided voluntarily, without acknowledgment of any legal obligation, and shall not establish any entitlement to similar goodwill in the future.

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Section 9 – Retention of Title

(1) The delivered goods shall remain the property of the Seller until full payment of all claims arising from the respective purchase contract has been received.

(2) In transactions with Business Customers, the Seller retains ownership of the goods until all outstanding claims arising from the ongoing business relationship have been settled in full.

(3) The Customer shall handle goods subject to retention of title with due care and shall protect them against damage, loss, or destruction.

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Section 10 – Limitation of Liability

(1) The Seller shall be fully liable for damages caused intentionally or through gross negligence.

(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the Seller's liability shall be limited to the foreseeable damage typical for the contract. Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the Customer may regularly rely.

(3) Any further liability for damages caused by slight negligence is excluded to the extent permitted by applicable law.

(4) The above limitations of liability shall not apply to damages resulting from injury to life, body, or health, to claims under the German Product Liability Act (Produkthaftungsgesetz), or where the Seller has expressly assumed a guarantee.

(5) The Seller shall not be liable for damage occurring after delivery that is caused by improper care, unsuitable environmental conditions, incorrect watering, unsuitable temperatures, pest infestation, or any other circumstances outside the Seller's sphere of responsibility.

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Section 11 – Information Regarding Variegated and Live Plants

(1) All plants offered by the Seller are natural products. Every plant is unique and develops individually.

(2) Unless expressly stated otherwise in the respective product description, no guarantee is given regarding the future development of variegation, coloration, leaf shape, leaf size, growth habit, or future growth.

(3) Newly developing leaves may naturally differ from older leaves. Changes in variegation, coloration, or overall appearance during future growth do not constitute a defect.

(4) Any statements regarding the genetic stability of variegation reflect the current state of knowledge at the time of sale and shall not be interpreted as a guarantee for the future development of every individual plant.

(5) Tissue culture (TC) plants and young plants may experience temporary growth interruptions, leaf loss, acclimatization stress, or other biological reactions after being transferred to new growing conditions. Such naturally occurring processes do not constitute defects.

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Section 12 – Data Protection

Personal data shall be processed exclusively in accordance with the applicable data protection laws.

Further information is provided in the Seller's Privacy Policy, as amended from time to time.

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Section 13 – Governing Law

(1) These General Terms and Conditions and all contractual relationships between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) In the case of Consumers, this choice of law shall apply only insofar as it does not deprive the Consumer of the protection afforded by mandatory provisions of the law of the country in which the Consumer has their habitual residence.

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Section 14 – Dispute Resolution

(1) The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board unless required by mandatory law.

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Section 15 – Final Provisions

(1) Should any provision of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

(2) Any invalid or unenforceable provision shall be replaced by the applicable statutory provisions. The same shall apply in the event of any unintended contractual gaps.

(3) Amendments or supplements to these General Terms and Conditions shall require at least text form unless a stricter form is required by mandatory law.