General Terms and Conditions of Business (GTC)

 

Scope  

The following T&Cs apply to all orders placed via our online shop.
These T&Cs 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 general terms and conditions 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.

Contractual partner, formation of contract, options for corrections

The contract is concluded with Bingenheimer Saatgut AG.

By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

 

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 T&Cs to you by e-mail. The text of the contract cannot be accessed via the internet for security reasons.

Delivery conditions

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

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.

 

Retention of title

The goods 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.

 

Warranty and guarantees

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 fraudulent
• intent
• 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).

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.
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.

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.

Provisions for 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.

 

Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on specific information pages in the shop.

Customer service: For questions, claims and complaints, you can reach our customer service by phone at Monday to Thursday from 9 am to 4:00 pm and Fridays from 9 am to 1:30 pm, telephone number +49 (0) 6035 1899-0 as well as by email: info@bingenheimersaatgut.de.

 

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
•    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.

 

Code of conduct

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

 

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/.

 

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.

 

Further consumer information

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