Terms of service

General terms and conditions with customer information

Table of contents

 1. Scope of application
 2. Conclusion of contract
 3. Right of withdrawal
 4. Prices and terms of payment
 5. Delivery and shipping conditions
 6. Retention of title
 7. Liability for defects (warranty)
 8. Special conditions for the processing of goods according to certain specifications of the customer
 9. Redemption of promotional vouchers
10. Applicable law
11. Jurisdiction
12. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Forest Garden Labs GmbH (hereinafter referred to as "seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as "customer") concludes with the seller with regard to the goods presented by the seller in its online store. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these GTC shall apply accordingly, unless otherwise agreed.

1.3 These GTC shall apply mutatis mutandis to contracts for the delivery of tickets, unless otherwise expressly agreed. These GTC only regulate the sale of tickets for certain events described in more detail in the seller's item description and not the performance of these events. The execution of the events shall be governed exclusively by the statutory provisions in the relationship between the participant and the organizer and, if applicable, by any terms and conditions of the organizer that deviate from these. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is exclusively responsible.

1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.

2.2 The customer may submit the offer via the online order form integrated into the seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail, mail or online contact form.

2.3 The seller may accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
• by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
• by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer shall no longer be bound by its declaration of intent.

2.4 If the customer selects a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms and conditions of use, available at https://www.paypal.com/ or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available here https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the seller's online order form, the text of the contract shall be stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data shall be archived on the seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the relevant login data.

2.6 Before bindingly placing the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of revocation.

3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.

3.3 Unless otherwise agreed, a right of withdrawal does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. Accordingly, a right of revocation is also excluded in the case of contracts for the sale of tickets for scheduled leisure events.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online store.

4.4 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If the payment method purchase on account is selected, the purchase price shall be due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store. The seller further reserves the right to conduct a credit check when selecting the payment method purchase on account and to reject this payment method in case of a negative credit check.

4.6 If the payment method SEPA direct debit is selected, the invoice amount shall be due for payment after a SEPA direct debit mandate has been issued, but not before expiry of the period for advance information. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the expiry of the deadline for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the reversal of the respective credit institution if he is responsible for this. The seller reserves the right to conduct a credit check when selecting the payment method SEPA direct debit and to reject this payment method in case of a negative credit check.

4.7 If the credit card payment method is selected, the invoice amount shall be due immediately upon conclusion of the contract. The credit card will be charged immediately after the customer has sent the order in the online store. Even if the credit card payment method is selected, the seller shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes.

4.8 When selecting the payment method Paypal, you will be redirected immediately to the PayPal homepage and log in to your existing PayPal account or register in a few steps. After successful payment, you will be automatically redirected back to the product page. In order to use the PayPal service, it is necessary that you agree to the direct debit agreement to debit your PayPal account in the checkout dialog. To do this, check the payment details and confirm the amount. With the consent to the debit agreement, we are entitled to debit amounts in different amounts - as far as they are due - from your PayPal account until revoked. The validity of our General Terms and Conditions is not affected by the payment and General Terms and Conditions of PayPal. They are applicable side by side.

5) Delivery and shipping terms

5.1 If the Seller offers to ship the goods, the delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing shall be decisive.

5.2 In the case of goods delivered by freight forwarding, delivery shall be made "free curbside", i.e. to the public curbside nearest to the delivery address, unless otherwise stated in the shipping information in the seller's online store and unless otherwise agreed.

5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply to the return costs.

5.4 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to execute the order to carry out the shipment and the seller has not previously named such person or institution to the customer.

5.5 The seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.6 If the seller offers the goods for collection, the customer may collect the ordered goods within the business hours at the address indicated by the seller. In this case, no shipping costs will be charged.

5.7 Vouchers shall be provided to the Customer as follows:

• by e-mail
• by mail

5.8 Tickets are provided to the customer as follows:

• by e-mail
• by post

6) Retention of title

If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:

7.2 If the customer acts as an entrepreneur,

• the seller shall have the choice of the type of subsequent performance;
• in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;
• in the case of used goods, the rights and claims for defects are excluded;
• the limitation period shall not start again if a replacement delivery is made within the scope of liability for defects.

7.3 The above-mentioned limitations of liability and shortening of the period shall not apply

• to claims for damages and reimbursement of expenses of the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods which have been used in accordance with their customary use for a building and have caused its defectiveness,
• for any existing obligation of seller to provide updates for digital products, in case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory recourse claim, if any, shall remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), it shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

7.6 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.

8) Special conditions for the processing of goods according to certain specifications of the customer

8.1 If, according to the content of the contract, the seller, in addition to the delivery of the goods, also owes the processing of the goods according to certain specifications of the customer, the customer shall provide the seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and shall grant the seller the rights of use required for this purpose. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are violated thereby, in particular copyrights, trademark rights and personal rights.

8.2 The customer shall indemnify the seller against claims of third parties which the latter may assert against the seller in connection with a violation of their rights by the contractual use of the customer's content by the seller. In this regard, the customer shall also assume the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the violation. In the event of a claim by a third party, the customer is obligated to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This shall apply in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

9) Redemption of promotional vouchers

9.1 Vouchers which are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "Promotion Vouchers") can only be redeemed in the seller's online store and only during the specified period.

9.2 Promotion Vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.

9.4 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.

9.8 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.

9.10 The promotional voucher is transferable. The seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the seller's online store. This shall not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

10) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

11) Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller shall in any case be entitled to apply to the court at the customer's place of business.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board and does not participate in dispute resolution procedures.


Complaints/dispute resolution

In 2016, the EU Commission provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without having to go to court. You can reach the dispute resolution platform via this link: https://ec.europa.eu/consumers/odr 
EU Commission platform for online dispute resolution: https://ec.europa.eu/consumers/odr
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but are generally willing to do so.
Our email address for consumer complaints is: hallo@waldgold.com