Paulownia Shan Tong Plantation Cathaia.com

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Paulownia Shan Tong Plantation Bulgaria

       Our contribution

       For a better world

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       Paulownia Shan Tong
       at -25° frost resistant

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Shipping of 40.000 Paulownia plants
A new Paulownia Plantage is created

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       Trade with 
       quality wood

Terms and conditions

§ 1 Scope & defense clause

(1) Only the following terms and conditions apply in the current version at the time of the order via Internet for the legal relations between the operator of the shop, the Paulownia Tree Nursery Schröder, (hereinafter "Provider") and its customers.

(2) Different Terms and conditions of the customer will be rejected.

 

§ 2 Formation of Contract

(1) The presentation of the goods on the internet shop is not a binding offer by the supplier to conclude a purchase contract. The customer is requested to issue an order through an offer.

(2) By sending the order via the Internet shop, the customer makes a binding offer directed at the conclusion of a purchase contract of the goods contained in the basket. By sending the order the customer accepts these terms and conditions as for the legal relationship with the provider prevailing only.

(3) The provider shall acknowledge receipt of the customer's order by sending a confirmation e-mail. This confirmation is not yet constitute acceptance of the contract offer by the provider. It serves only to inform the customer that the order is received by the provider. The declaration of acceptance of the offer is made by the delivery of goods or an explicit declaration of acceptance.

 

§ 3 Prices, shipping, sales tax and payment

(1) When ordering via the online shop prices there applies. All prices include the legal VAT.

(2) Prices shall be understood plus shipping costs and handling charges, which are communicated to the client before submitting the order.

(3) Delivery by the provider shall be chosen by the customer against the following payment methods: advance (by bank transfer, Paypal), on account, cash on delivery or credit card.

If the customer chooses payment in advance by bank transfer, the payment is due no later than 10 calendar days after conclusion of the contract.

In the case of delivery on invoice, the payment is due no later than 14 calendar days after invoicing.

If payment is chosen in cash on delivery, the purchase price and shipping fees for delivery are due against presentation of the delivery note by the delivery company.

(4) If a customer falls into arrears with the payment, the provider may demand compensation according to legal regulations and / or withdraw from the contract.

(5) The provider always provides a bill to the customer and sends or on delivery of the goods or in text form, for example via e-mail.

 

§ 4 Delivery and transfer of risk

(1) The goods ordered, unless contractually otherwise agreed, are delivered to the address specified by the customer. Delivery will be made from the Seller's warehouse.

(2) The availability of each product is indicated in the item description. In stock existing goods  unless expressly agreed otherwise, will be shipped to the customer within 3-5 business days (when paying in advance by bank transfer or Paypal payment: within 3-5 working days after receipt). If the merchandise is marked as not available, the provider shall endeavor to a fast delivery. Information about the period of delivery are not binding, unless the date of delivery was promised by the provider.

(3) The provider exceptionally reserves the right to make a partial delivery, if this is advantageous for a speedy settlement and the partial delivery for the customer is not unreasonable. The additional costs incurred due to partial shipments will not be billed to the customer.

(4) The provider reserves the right to break away from the obligation to fulfill the contract, if the goods are to be delivered by his supplier to the date of delivery and the delivery remains undone entirely or partially. This self-supply reservation applies only if the provider is not responsible for the lack of delivery. The provider is not responsible for the failure of performance, if he on time has completed a so-called cover ratio with the supplier in order to fulfill his contractual obligations. If the goods are not delivered, the provider will immediately inform the customer of this fact and reimburse an already paid purchase price and shipping costs.

The risk of accidental loss and accidental deterioration of goods passes with the handing over to the customer. If the customer is an entrepreneur, he bears the risk of accidental loss and accidental deterioration of the goods and the risk of delay already upon delivery of the goods to the shipper, the carrier or any other person to execute the delivery.

(5) In the case of the exercise of the right of revocation, a customer has to bear the cost of returning the goods if the goods delivered correspond to the goods ordered and if the price of the returning goods does not exceed an amount of 40 euros or if in case of a higher price the customer had not fulfilled its payment obligations under the contract at the time of exercising the right of revocation.

 

§ 5 Retention of title

The delivered goods shall remain in the providers property until all claims arising from the contract have been settled; in the event that the customer is a legal entity under public law, a public special estate or an entrepreneur in exercise of his commercial or independent professional activity, even beyond the current business relationship until settlement of all claims which the seller in connection the contract entitled.

 

§ 6 Warranty

(1) The warranty rights of the customer shall be governed by the general law, as long as nothing else is determined succeeding. For claims for damages by the customer against the provider the provision in § 7 of these Terms and Conditions applies.

(2) The limitation period for warranty claims of consumers is two years for new goods, one year for used goods. The limitation period for entrepreneurs for newly manufactured goods and used goods is 1 year. The aforementioned reduction of the limitation period does not apply to damages claims by the customer due to an injury to life, limb, health, and claims for damages due to a material breaches of contract. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary, for example, the obligation of the provider to provide the goods to the customer free of material and legal defects and to transfer ownership to him.The above reduction of the limitation also does not apply to claims for damages based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or agents. With respect to entrepreneurs also excluded from the reduction of the limitation period is the right of recourse under § 478 BGB.

(3) A guarantee is not explained by the provider.

 

§ 7 Liability

(1) Claims for damages of the customer are excluded, as long as nothing else is determined succeeding. The above disclaimer applies to the legal representatives and agents of the provider, if the customer claims against them.

(2) From the disclaimer under provision 7.1 all claims for damages due to injury to life, limb, health and material obligations under the contract are excluded. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary, for example, the obligation of the provider to provide the goods to the customer free of material and legal defects and to transfer ownership to him. From the disclaimer is also excluded liability for damage caused by an intentional or grossly negligent breach of duty of the provider, his legal representatives or agents.

(3) Provisions of the Product Liability Act (Liability Act) remain unaffected.

 

§ 8 Assignment and pledging ban

The assignment or pledge of the customer's claims or rights against the provider is excluded without the consent of the provider, if the customer does not prove a legitimate interest in the assignment or pledge.

 

§ 9 Information requirements for transport damage

If Goods with obvious damage in packaging content are delivered, the customer should - without prejudice to its warranty rights (§ 6) – complain to the freight forwarder / carrier and promptly notify the provider by an email or other means (fax / post), so that any rights against the shipper / carrier can be realized.

 

§ 10 Choice of Law & Jurisdiction

(1) On the contractual relationship between the supplier and the customer, the law of the Federal Republic of Germany applies. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of the CISG is excluded.

(2) Place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the seat of the provider, if the customer is a merchant, a legal entity under public law or a public sector fund.

 

§ 11 Data Protection

(1) The customer is aware and agrees to the fact that the personal data necessary for the processing of the order will be stored by the provider on data carriers. The customer agrees to the collection, processing and use of personal data expressly. The personal data stored are handled by the provider confidentially. The collection, processing and use of personal data of the customer is carried out in compliance with the Federal Data Protection Act (Act) and the Telemedia Act (TMG).

(2) The customer has the right to withdraw consent at any time with effect for the future. In this case, the provider is obliged in this case to immediately delete the personal data of customers.

 

§ 12 Amendment of Terms

Cathay International GmbH & Co. KG reserves the right to change these terms at any time without giving reasons.

 

§ 13 Severability

If any provision of these terms and conditions be invalid, the validity of the remaining provisions will not be affected.