General Terms and Conditions

1. Scope

The following Terms and Condition (Terms) apply to all orders placed via our online shop.

These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.

The Terms apply to all Bingenheimer Saatgut AG transactions. These terms and conditions are to be formally accepted by the buyer at the latest on receipt of the consignment. Deviations from this rule can only take effect if they are expressly agreed in writing.

We will not supply customers who promote a hatred of foreigners, nationalism or the glorification of violence. We reserve the right in such cases to draw on the legally enshrined principle of contractual freedom to terminate the contract.

2. Contractual partner, formation of contract, options for corrections

The contract is concluded with Bingenheimer Saatgut AG.

The display of products in our online shop does not constitute a legally binding offer, but only a non-binding online catalogue. You can initially place our products in the shopping cart without giving rise to any obligation and correct your details at any time before sending your binding order using the correction tools provided for this purpose and explained in the order process. By clicking on the “Order” button you submit a binding order for the goods contained in the shopping cart. The receipt of your order will be confirmed by e-mail immediately after your send the order. This confirmation does not constitute acceptance of the contract. We can accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.
 A binding contract can also already arise in the following cases:
•    If you choose credit card payment, the contract arises at the moment of the credit card debiting.
•    If you choose PayPal payment, the contract arises at the moment of your confirmation to the payment instruction for PayPal.

3. Contract language, saving of the contract text

The languages available for concluding the contract are German and English.
We save the text of the contract and forward the order data and our Terms to you on a durable medium. For security reasons, the text of the contract cannot be accessed via the internet.

4. Delivery conditions

4.1 Delivery costs

Delivery costs may apply to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers.

4.2 Delivery options

We ship the products to the delivery address specified in the order process.

We only dispatch goods en route; pick up by the customer is not possible via the online ordering process. If you want to pick up the goods, please contact us by e-mail: info@bingenheimersaatgut.de.
We cannot accept PO Boxes or c/o addresses as billing addresses. They can however be used for deliveries.

Use of seeds

All the seeds offered for sale are not for internal consumption. Apart from cress the seeds are also unsuitable for sprouting especially when seed and sprout are consumed together. Cress and the barley grain used to produce the item sold as “Smoothie-Grass” undergoes a microbiological test in the laboratory.

Orders from abroad

Orders in our Online-Shop can only be placed by customers from the EU and EFTA-Countries.

Since July 01, 2022, we use the One-Stop-Shop procedure for EU orders in our online store: In this process, we pay the taxes to the German Federal Central Tax Office on a quarterly basis. Within the EU, depending on the country of delivery this may result in different gross prices, as the tax rates vary according to the respective countries.

Commercial customers within the EU (apart from Germany) must provide their VAT Reg No. with their order. If none is reported the VAT rate of the delivery country will be charged.
For customers within the internal market who hold a VAT Reg No, we are legally obliged to generate a delivery certificate for our products. The customer is required to complete and return the delivery confirmation form that accompanies the order as part of the purchasing contract. Any additional delivery or administrative costs incurred by the seller will be added to the bill.

5. Payment

The following payment methods are basically available in our online shop.

Credit Card

You provide your credit card details during the ordering process. Your card will be charged immediately after placing your order. 

PayPal

In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process.

PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.

Invoice

The invoice amount is due 7 days upon receipt of the invoice and the goods by bank transfer to our bank account. We reserve the right to allow payment by invoice only after we verify your credit rating.
For new customers we reserve the right to demand prepayment if the order exceeds 200 € in value.

Bank accounts:
GLS Gemeinschaftsbank eG
BIC: GENODEM1GLS
IBAN: DE90 4306 0967 6003 9273 00

Sparkasse Oberhessen
BIC: HELADEF1FRI
IBAN: DE82 5185 0079 0086 0016 08

In case of certain situations (for example notice of insolvency, delayed payment in the past) we reserve the right to demand prepayment from inventory customers.

Please note: The payment methods, which debit directly your bank account (credit card, Paypal), are only selectable, if the ordered products are "ready to ship", marked with a green point. Products with "later delivery" are only available to order by invoice. As soon as the products are getting shipped, the invoice is on the way to you.
Please also note, that the payment methods are not provided for every country, we deliver. You see the different kind of available payment methods in your personal checkout-process.

Gift vouchers and redemption

1. Gift vouchers are vouchers that you can purchase and redeem in our online store. These can only be redeemed for the purchase of items from our online store at www.bingenheimersaatgut.de They cannot be used for the purchase of additional gift vouchers. If the balance of a gift voucher is not sufficient for the order, the difference can be settled using one of the payment options offered.

2. Gift vouchers and credit can only be redeemed before completing the order process. The balance of a gift voucher is neither paid out in cash nor does it bear interest. To view gift vouchers in your customer account, please add the vouchers to your customer account under "Gift cards" at www.bingenheimersaatgut.de

3. The voucher is only available in digital form with a freely determinable value from 10.00 Euros (minimum value). After completing the purchase of the digital gift voucher, the buyer will receive the voucher in form of a PDF file by e-mail to the specified e-mail address when configuring the voucher. 
The buyer has the option of personalizing the gift voucher by entering a personal message for the recipient in the field provided or by naming the recipient.

4. If the gift voucher is not used up within one order, the remaining amount will be credited to the voucher credit account and can be used for the next purchase.

5. Vouchers have - apart from the statutory limitation period of three years at the end of each year - no expiry date.

6. The gift voucher is transferable. Bingenheimer Saatgut can therefore deliver to the respective holder who redeems the gift voucher in the online store with discharging effect. This does not apply if Bingenheimer Saatgut has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

7. Refunds and returns: The return of a voucher or a refund of the purchase amount in the event of non-redemption is not possible except in the event of revocation.  If the redeemer returns the goods paid for with the voucher for a justified reason (e.g. as part of the revocation), the respective amount will be credited to the redeemer's customer account after receipt of the goods by the seller. No cash payment will be made. In the event that the redeemer has used another means of payment in combination with the voucher as part of the purchase made under paragraph 1, the refund will first be made to the other means of payment. If the purchase value of the returned goods is higher than the amount paid with the other means of payment, the respective amount will be credited to the redeemer's customer account.

6. Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel. 

7. Retention of title

The products shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.

8. Warranty and guarantees

8.1 Liability for defects

We are under a legal duty to supply products that are in conformity with this contract.

Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. With respect to consumers, the staturory guarantee provisions of the country of their respective habitual residence shall apply.
The following limitations and reductions of time periods with respect to businesses/merchants shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
•    in the event of injury to life, limb or health
•    in case of intentional or grossly negligent breach of duty as well as fraudulentintent
•    in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
•    within the scope of a voluntary guarantee, if agreed, or
•    within the scope of application of the Product Liability Act (Produkthaftungsgesetz).

Restrictions in relation to businesses

In relation to businesses, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements.

For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused the building to be defective. The sale of used goods is subject to the exclusion of any warranty.

The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected.

Note to merchants ("Kaufleute" in accordance with HGB – German Commercial Code)

Among merchants ("Kaufleute"), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable.

Complaints and return of goods

Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.

 When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address provided for this purpose. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.

The following shall also apply to businesses: Claims for defects shall not exist in the event of only insignificant deviation from the agreed quality, only insignificant impairment of usability, and for defects which arise after the transfer of risk as a result of faulty or negligent handling, climatic influences or special external influences which are not presupposed under the contract. The variety descriptions given provide no guarantee. All the quality data supplied by the seller concerning germination, technical and genetic purity as well as seed health are based on its own tests. The quality data applies solely to the moment when these tests were carried out by the seller. A direct connection between these results and those experienced by the buyer cannot be assumed. Results are dependent on site, cultivation and / or climatic conditions. The product information contains neither a direct nor implied statement of consistency in the seed. Indications as to resistance levels accord with standard variety descriptions. They do not constitute a guarantee.

If the delivered goods are defective, we shall initially provide services to businesses at our discretion either by delivering a defect-free item (subsequent delivery) or by remedying the defect (subsequent improvement). Our obligation to provide compensation to businesses is limited to the value of the goods supplied to the business.

8.2 Guarantees and customer service

Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop, if applicable.

Customer service: For questions, claims and complaints, you can reach our customer service by phone at Monday to Friday from 9 am to 1:30 pm, telephone number +49 (0) 6035 1899-0 as well as by email: info@bingenheimersaatgut.de.

9. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
•    for injury to life, limb or health
•    for deliberate or grossly negligent breach of duty
•    for guarantee commitments, where agreed
•    towards consumers
•    to the extent that the German Product Liability Act (Produkthaftungsgesetz) is applicable

Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

10. Code of conduct

We have submitted to the following codes of conduct:
Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf)

11. Online dispute resolution

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.

In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at https://www.evz.de/en/alternative-dispute-resolution/adr-in-europe/.

12. Privacy policy

The privacy policy is part of the contract between us.
https://www.bingenheimersaatgut.de/en/datenschutz

13. Further consumer information

You will find further consumer information here: https://info.bingenheimersaatgut.de/bilder/user_upload/Further_consumer_information.pdf

14. Final provisions

If you are a business, German law applies, to the exclusion of the UN Sales Convention.
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.