These general terms and conditions (hereinafter referred to as „GTC“) apply to all contracts concluded between MFP My First Plant GmbH and customers via the online platform www.myfirstplant.eu .
The customer accepts these terms and conditions and agrees to them as soon as he orders or subscribes to products for a fee on www.myfirstplant.eu.
The inclusion of general terms and conditions or contractual conditions of the customer that deviate from these terms and conditions will be rejected, unless these are expressly recognized by MFP My First Plant GmbH .
1. Internet presence of MFP My First Plant GmbH on the website www.myfirstplant.io:
The product presentation on the website does not constitute an offer in the legal sense. It is an invitation to the customer to submit an offer himself. The customer submits the offer in the legal sense by placing the order.
2. Order process / subscriptionThe customer can choose between several products on the online platform www.myfirstplant.io.
a. The customer goes to „Buy plants“, selects the product and can then choose the number of the desired product. After the customer has selected the desired number of products, he sees a price overview and can then „put the desired number of products in the shopping cart“. Then the customer is forwarded to the „invoice details“, which represent an order overview. The customer is free to check his information in the order overview again and, if necessary, to correct it, before placing his order by clicking on the „order subject to payment“ button. By clicking on the „order with obligation to pay“ button, the customer submits his binding offer. The customer selects the desired payment method and enters the data required to execute the payment. When choosing external payment services such as PayPal, the customer is redirected to the external website of the respective payment service provider. Before the order is submitted, the data relevant to the order are summarized in an „order overview“. The service described in point V. (catering for the plant, etc.) is also included in the price for the plant.
The customer is free to check his information in the order overview again and, if necessary, to correct it, before sending his order to MFP My First Plant GmbH by clicking on the „order with obligation to pay“ button . By clicking on the “order with obligation to pay” button, the customer submits a binding purchase offer for the goods he has selected.
b. The selected products, insofar as they are physically deliverable products, are temporarily stored in the shopping cart during the customer’s visit to the website www.myfirstplant.eu. By clicking the button “proceed to checkout” under the goods listed in the shopping cart, the order process is continued.
The customer selects the desired payment method and enters the data required to execute the payment. When choosing external payment services such as PayPal, the customer is redirected to the external website of the respective payment service provider. Before the order is submitted, the data relevant to the order are summarized in an „order overview“.
The customer is free to check his information in the order overview again and, if necessary, to correct it, before sending his order to MFP My First Plant GmbH by clicking on the „order with obligation to pay“ button . By clicking on the “order with obligation to pay” button, the customer submits a binding purchase offer for the goods he has selected.
3. Order confirmation
The MFP My First Plant GmbH shipped after receipt of the order, a notification e-mail to the specified by the customer e-mail address in which the receipt of the order has been confirmed and reproduced their contents (hereinafter „Order Confirmation“). The order confirmation does not represent an acceptance of the customer’s offer to buy by MFP My First Plant GmbH . The acceptance of the offer by MFP My First Plant GmbH is expressly made in a separate email. If MFP My First Plant GmbH refuses to conclude the contract, the customer will be informed immediately by email.
The MFP My First Plant GmbH ensures the hosting of the plant on behalf of the customer. Serving the plant includes housing, lighting, watering and harvesting the plant yield. The customer also instructs MFP My First Plant GmbH to sell the harvest of his plant (s). The customer informs MFP My First Plant GmbH in writing (email) at least 30 days in advance if he would like to receive the next harvest of his plant in the form of natural produce.
The MFP My First Plant GmbH leads the services referred to in Section V of the customer for a period of five years from the purchase of the plant. The MFP My First Plant GmbH will notify the customer at least 30 days in advance regarding the expiry of hosting life.
The text of the contract, ie the customer’s information on the ordering process, is saved by MFP My First Plant GmbH and can be viewed by the customer under the link “Register” “My Profile”. The customer can see the harvest yield generated by his plant under the item „Harvest“. Regardless of this, MFP My First Plant GmbH will send the order confirmation and these terms and conditions to the email address provided by the customer.
Right of withdrawal:
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In order to exercise your right of withdrawal, you must enter the following data
First name Last name / Company:
Address:
ZIP / City:
Tel .:
Fax:
E-Mail:
and inform the contractor of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal :
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. If the goods are returned freight collect, we are entitled to withhold or invoice a corresponding amount.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Exclusion of the right of withdrawal / right of withdrawal :
According to § 18 FAGG, the consumer has no right of withdrawal / right of revocation for distance sales or contracts concluded outside of business premises
· Goods that are made to customer specifications or that are clearly tailored to personal needs;· Goods which, due to their nature, have been inseparably mixed with other goods after delivery;Audio or video recordings or computer software delivered in a sealed package, provided that the seal has been removed after delivery;The delivery of digital content not stored on a physical data carrier, if the entrepreneur – with the express consent of the consumer, combined with his knowledge of the loss of the right of withdrawal in the event of early start of the performance of the contract, and after providing a copy or confirmation according to § 5 para 2 or Section 7 (3) – has started delivery before the withdrawal / revocation period has expired.
End of revocation
Model withdrawal form:
(If you want to cancel the contract, please fill out this form and send it back)
To
first name, last name / company: MFP MyFirstPlant GmbH
Address: Dr.-Arthur-Lemisch-Platz 3
ZIP /
City : 9020 Klagenfurt am Wörthersee E-Mail: support@myfirstplant.eu
I hereby revoke the contract I have concluded for the purchase of the following goods:
_____________________________________
Ordered on / received on: _________________________________
Name of consumer: ________________________________
Address of the consumer: ______________________________
Signature of the consumer (only if this is communicated on paper):
_________________________
Date:
1. All prices are total prices.
2. Price errors reserved. If the correct price is higher, the customer will be contacted; In this case, a contract is only concluded if the customer wants to buy at the actual price. If the correct price is lower, this price will be calculated.
3. Billing takes place in euros.
1. Unless otherwise agreed, delivery will be made to the address specified by the customer.
2. The delivery conditions apply exclusively to physically deliverable products. „Plants“ are not available. Only the end products, if in stock, are physically deliverable.
3. There is no delivery of a plant to the customer. However, the customer is free to pick up the plants from MFP MyFirstPlant GmbH by making an appointment in advance.
1. All prices are total prices.
2. Price errors reserved. If the correct price is higher, the customer will be contacted; In this case, a contract is only concluded if the customer wants to buy at the actual price. If the correct price is lower, this price will be calculated.
3. Billing takes place in euros.
4. The delivery time within Austria is approx. 5-7 working days. When paying in advance, the delivery period begins one day after receipt of the amount on the bank account of MFP MyFirstPlant GmbH . In the case of payment by cash on delivery or purchase on account, the delivery period begins one day after the day of the conclusion of the contract. In other cases, the delivery period begins one day after receipt of the order.
5. If the goods are damaged during transport, the customer must immediately notify the transport company of the damage and claim the damage there.
6. MFP MyFirstPlant GmbH bears no responsibility in the event of delivery obstacles in the area of suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which MFP MyFirstPlant GmbH is not responsible, MFP MyFirstPlant GmbH is entitled to withdraw from the contract in whole or in part. The MFP MyFirstPlant GmbH will inform the customer in this regard without delay. Claims for damages are excluded in this case. The customer will be informed about existing delivery restrictions before the start of the ordering process.
7. When the goods are dispatched, the risk of loss or damage to the goods is only transferred to the consumer as soon as the goods have been delivered to the consumer or to a third party appointed by the consumer other than the carrier. However, if the consumer himself has concluded the contract of carriage without using one of the options suggested by us, the risk is transferred to the carrier as soon as the goods are handed over.
1. When ordering, the customer must always observe the import and customs regulations of the respective country.
2. The customer bears the risk for all consequences of inadmissible dispatch of goods abroad, non-compliance with the import and customs regulations of foreign countries (including transit regulations), incorrect or inadequate copy of the customs declaration, the green customs label or other accompanying documents as well non-compliance with the applicable export regulations. This also applies to damage suffered by the sender due to the loss of the right to compensation if the shipment is confiscated by the customs authorities of a foreign country. It is the responsibility of the customer to obtain information from the recipients of the shipments, the diplomatic missions in the countries of destination or transit, the foreign trade offices, the chambers of industry and commerce or other offices.
1. The purchase price is due at the latest when the goods are delivered, if the goods are physically deliverable.
2. The delivered goods remain the property of MFP My First Plant GmbH until they have been paid for in full.
The MFP My First Plant GmbH accepts the following payment methods:
1.Bank transfer – the order is completed after receipt of the payment amount on our bank account.
2. Bitcoin Direct Checkout
3. Credit Card
4. SOFORT Bank Transfer
1. All prices are total prices.
2. Price errors reserved. If the correct price is higher, the customer will be contacted; In this case, a contract is only concluded if the customer wants to buy at the actual price. If the correct price is lower, this price will be calculated.
3. Billing takes place in euros.
The statutory default regulations apply. Reminder costs can be claimed from the second reminder.
If a customer recommends the purchase of a plant via MFP My First Plant to another person , he will receive a referral commission, provided that the person buys a plant from MFP My First Plant . The customer receives the referral commission in his back office and can either pay it out or use it to buy more plants. The prerequisite for receiving a referral commission is the existing ownership of a plant.
MFP MyFirstPlant sells the crop yield of its plant on behalf of the customer. If the customer wishes, he can apply for the harvest in kind. The customer is not given the exact harvest yield of his plant. The harvest yield is determined from the harvest of all plants and distributed to the customers in a coded manner. This is used in particular for logistical purposes, as well as the protection of the customer, in order to prevent a customer from losing his crop yield, insofar as his plant would be damaged by pests or other influences and therefore no harvest from this plant would be possible.
A crop failure is possible due to unforeseeable events such as pest infestation, natural disasters, etc. In order to keep the risk of a crop failure due to pest infestation low, a separate logistical concept was developed, which should basically make it possible that not all plants in the hall are attacked. In the event of such an unforeseen event, which affects the harvest of the plants, it is not possible for MFP My First Plant GmbH to make a distribution to the customer and is also not liable for any damage caused as a result. The customer only receives a distribution if there has actually been a yield from the harvest.
1. Unless otherwise specified, the general statutory provisions apply.
2. The warranty is excluded for defects caused by the customer. This is particularly the case with improper handling.
3. The shortened limitation period does not apply to claims for damages by the customer due to injury to life, limb, health or other damage resulting from a grossly negligent breach of duty by MFP My First Plant GmbH or an intentional or grossly negligent breach of duty by a legal representative or vicarious agents MFP My First Plant GmbH . The shortened limitation period also does not apply to claims for damages due to the negligent or willful breach of essential contractual obligations. Essential contractual obligations are obligations the fulfillment of which enables the proper execution of the contract in the first place and which the customer can regularly rely on to be observed.
4. Should the delivered items show obvious material or manufacturing defects (including transport damage), we ask the customer to notify us of this immediately.
5. As far as a manufacturer’s guarantee exists, the customer has to assert the claims arising from this directly against the manufacturer. The liability of MFP My First Plant GmbH from the guarantee is excluded.
1. Claims for damages by the customer against MFP My First Plant GmbH are excluded unless MFP My First Plant GmbH and / or its vicarious agents or vicarious agents have acted willfully or with gross negligence.
2. In particular, MFP-My First Plant GmbH is not liable for crop failures caused by unforeseeable events such as pest infestation or natural disasters.
3. MFP My First Plant GmbH is not liable for the conclusion of a contract which customers conclude with one another on the „Marketplace“. The MFP My First Plant GmbH is to be held in this regard indemnify and harmless.
4. Liability for damage to life, body and health, for negligent or intentional breach of essential contractual obligations or to the extent that liability is mandatory under the Product Liability Act or due to negligence when the contract is concluded or due to other breaches of duty or tortious claims for compensation for property damage remains unaffected. Essential contractual obligations are obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance of which the customer can regularly rely.
1. The customer is not entitled to offset against our claims unless the customer’s counterclaims have been legally established or are undisputed. The customer is also entitled to offset against our claims if he asserts notices of defects or counterclaims from the same purchase contract.
2. The customer may only exercise a right of retention if his counterclaim is based on the same sales contract.
Data protection provisions are contained in the data protection declaration.
The MFP My First Plant GmbH has to any images, films and texts published www.myfirstplant.eu on the website, the copyrights. Use of the images, films and texts is not permitted without the express consent of MFP My First Plant GmbH .
The law of the Republic of Austria applies to the exclusion of the UN sales law.
In the event of disputes arising from contracts concluded under the application of these terms and conditions, either the Austrian courts or the courts of the place where the customer is domiciled are responsible for customer complaints. Austrian courts are responsible for complaints from MFP My First Plant GmbH . After the dispute has arisen, the parties are free to agree on a place of jurisdiction in Austria.
2. The contracting parties agree on the application of Austrian law. If the consumer has his domicile or habitual abode in Germany or if he is employed in Germany, only the jurisdiction of the court in whose district the domicile, habitual abode or place of employment is located can be established for an action against him; this does not apply to legal disputes that have already arisen.
The place of performance for all services from the contract is the registered office of MFP My First Plant GmbH .
We are entitled to unilaterally change these general terms and conditions, insofar as this is necessary to remove equivalence disruptions that subsequently arise or to adapt to changed legal or technical framework conditions. We will inform the customer of a change by sending the content of the changed regulations to the last known e-mail address of the customer. The change becomes part of the contract if the customer does not object to the inclusion in the contractual relationship in writing or in text form within six weeks after receipt of the notification of change.
The content of the contract, all other information, customer service, data information and the handling of complaints are consistently offered in German.
With your consent, we can use your email address to send our newsletter. You can also unsubscribe from our newsletter at any time after registering by contacting the email address in the legal notice.
The MFP MyFirstPlant GmbH is expressly not responsible for the settlement of the tax obligations of the customer.
1. Deliveries and declarations of intent are made to the address given by the customer in the order until another address has been announced in writing. The customer is obliged to provide the relevant data requested in the form completely and correctly when concluding the contract. In the event of incorrect, incomplete and unclear information provided by the customer, the customer is liable for all costs arising from this. In the case of other compensation, the customer is obliged to notify us immediately in writing of any changes to the name, address or change of residence. In the event of failure, any written notification sent to the last known address of the customer shall be deemed sufficient to meet the requirements of effective delivery.
2. A transfer of the rights from the contract concluded with MFP MyFirstPlant GmbH to third parties requires our written consent.
3. The packaging shown in the shop may differ from the packaging supplied, for example due to a redesign of the producer or the manufacturer. As long as the promised content or the correct product is delivered, it is not possible to make a claim for damages in whatever form against MFP My First Plant GmbH .
4. Recourse claims within the meaning of the Product Liability Act are excluded, unless the person entitled to recourse can prove that the error was caused by MFP MyFirstPlant GmbH and was at least grossly negligent. The contractual partner waives the option of offsetting. However, this does not apply to consumers.
We recommend that declarations, notifications, etc. addressed to us – with the exception of notifications of defects – be sent to us in writing.
5. Voluntary code of conduct: www.euro-label.com/kodex/index.htmlInformation, data information and complaints at:
Dr.-Arthur-Lemisch-Platz 3,
9020 Klagenfurt am Wörthersee AUSTRIA
The customer is not entitled to use content, graphics, source texts, offers, price information, logos, company logos, brands, intellectual property rights or other content from MFP My First Plant GmbH internet sites. Use of the MFP My First Plant GmbH internet sites is at your own risk.
If a provision of these general terms and conditions should be ineffective, the effectiveness of the remaining provisions will not be affected.