General Terms & Conditions

General terms and conditions

 

Attention: only the German General terms and conditions are legally binding.

 

 

1. Scope and size

 

1.1. For all business relations between Global-Village / Palmen24.de (address data see below) and the customer (buyer and tenant), our general terms and conditions apply exclusively in their valid version at the time of the order. Conditions deviating from our terms require our express agreement!

 

1.2 In subsidiary addition to the General Terms and Conditions of the company Global-Village, the german general legal regulations apply, especially the German Consumer Protection Act (Konsumentenschutzgesetz) according to the German Distance Selling Act (Fernabsatzgesetz) in its current form. Other conditions will not become part of the contract, even if Global-Village does not explicitly contradict.

 

2. Offer

 

2.1 All our offers are subject to change and non-binding. Technical and design deviations from descriptions and information in brochures, catalogues and written documents, as well as model and material changes in the course of technical progress, shall remain in existence without any rights against us being able to be derived from them.

 

2.2 It is expressly pointed out that the delivered articles do not necessarily have to correspond to the illustrations. Size specifications are approximate and can vary by a maximum of 10 percent. We make every effort to reproduce the colours of the products shown in our advertising as realistically as possible. The colours you see, however, depend on your screen or the way the image develops, which is why we cannot guarantee the exact reproduction of the colours.

 

2.3 With removal or modification of the depicted product or its property within the online area, the originally depicted offer loses its validity.

 

2.4 The product designations Areca, Phoenix and Washingtonia palm are the most similar varieties in terms of visual characteristics and profile in nature, among the popular varieties, and are not identical to natural palms. With all offered decoration palms, the palm fronds supplied must first be pricked / draped at the top of the palm trunk on site. For this it is absolutely necessary to proceed according to the assembly instructions enclosed in the dispatch.

 

3. Conclusion of contract, transfer of risk and storage of contract text

 

3.1 A contract between Global-Village/Palmen24 and the buyer is concluded by an order of the buyer and the acceptance by Global-Village/Palmen24. The order of the customer is made by transmission of the order with all details. Global-village/Palmen24 accepts the contract by sending an order confirmation by e-mail / fax or by post to the customer.

 

3.2 The risk according to the terms of the German Civil Code (Bürgerliches Gesetzbuch - BGB) passes to the buyer / tenant as soon as the goods have been received by the buyer / tenant. In the case of rental orders, the liability is valid until Global Village/palmen24 has duly taken back the goods. Preserved real leaf palms, especially the palm fronds are only of limited use outdoors, rain and wind can cause damage. If they are used outdoors, depending on the weather conditions, a significantly shortened shelf life can be expected, which is why we excludes any guarantee and warranty when used outdoors. In the case of palm tree rental orders, the rental customer is explicitly liable if parts, especially palm fronds, are missing or if they are unusable.

 

3.3 Rental orders can be cancelled without charge up to 7 days before the start of the rental period. In case of cancellation of rental orders 4-7 days before, Global Village/Palmen24 charges 35% of the net rental price. For cancellations 2-3 days before, 65% and for cancellations on the day of rental / rental start date, 90% of the rental price.

 

3.4 The available contract language is German.

 

3.5 The text of the contract (order text) is stored. You can view the German General Terms and Conditions of Contract (Allgemeine Geschäftsbedingungen -AGB) on our website at any time and save them on your computer. The concrete order data will be sent to you by email and are not accessible via the Internet.

 

4. Delivery

 

4.1 Unless otherwise agreed, delivery shall be made to the address indicated by the purchaser within the delivery/performance date stated in the offer, if applicable without plant pot and including assembly instructions in German and English language for palms.

 

4.2 Should Global Village/Palmen24 not be able to keep the delivery time, the customer will be informed immediately and the expected delivery date will be communicated. Should the ordered goods not be available, Global Village/Palmen24 will inform the customer immediately. In this case, we reserve the right to cancel the contract and not deliver the ordered goods in case of unavailability. If you have already paid the purchase or rental price, we will refund it immediately.

 

4.3 Force majeure, such as labour conflicts, natural disasters, traffic accidents, traffic jams / road closures, illness and production interruptions, which are not in the sphere of influence of Global-Village/Palmen24, release us from the obligation to deliver or allow us to re-set the agreed upon delivery time.

 

5. Return costs when exercising the right of withdrawal

 

You shall bear the direct costs of the return shipment. We will reimburse the costs of the shipment to you in the amount of the standard shipment (no reimbursement of express, overnight or similar additional costs caused by your request).

 

6. Right of withdrawal for consumers (§13 Deutsches Bürgerliches Gesetzbuch – BGB)

 

Consumer in the sense of § 13 BGB is every natural person who concludes a legal transaction for purposes which can be attributed predominantly neither to his commercial nor his independent professional activity.

 

Reasons for the non-existence and for premature expiration of the right of withdrawal:

 

The right of withdrawal in distance selling does not exist:

 

- For delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

- In the case of delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.

- For the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.

- In the case of the supply of alcoholic beverages whose price was agreed upon when the contract was concluded, but which can be supplied no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no control.

 

The right of withdrawal in distance selling expires prematurely:

 

- In the case of delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.

- In the case of delivery of goods, if they have been inseparably mixed with other goods after delivery due to their nature.

- In the case of delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

 

6.1. Cancellation policy for deliveries of goods

6.1.1. Right of withdrawal

 

You have the right to revoke this contract within fourteen days without giving reasons.

 

The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.

 

To exercise your right of withdrawal, you must inform

 

Global-Village - home of Palmen24.de

Owner Marco Giese

Simplonstraße 14

D-10245 Berlin

Phone: +49 (0) 30-294 22 99

Fax: +49 (0) 30-291 47 48

Email: info@palmen24.de

 

by means of a clear statement (e.g. a letter, fax or e-mail) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory.

 

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

 

6.1.2. Consequences of withdrawal

 

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

 

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.

 

You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

 

6.2. Cancellation policy for services

6.2.1. Right of withdrawal

 

You have the right to revoke this contract within fourteen days without giving reasons.

 

The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.

 

To exercise your right of withdrawal, you must inform

 

Global-Village - home of Palmen24.de

Owner Marco Giese

Simplonstraße 14

D-10245 Berlin

Phone: +49 (0) 30-294 22 99

Fax: +49 (0) 30-291 47 48

Email: info@palmen24.de

 

by means of a clear statement (e.g. a letter, fax or e-mail) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory.

 

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

 

6.2.2. Consequences of withdrawal

 

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

 

If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation in respect of this Agreement compared to the total amount of services provided under the Agreement.

 

6.3. Withdrawal form

 

If you want to cancel the contract, please fill out the following form and send it back to

 

by mail: Palmen24,Simplonstraße 14, D-10245 Berlin

or by fax: +49 (0) 30-291 47 48

or by email: info@palmen24.de

 

I/we (*) cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

 

ordered/received goods:

 

Ordered on (*)/received on (*):

 

Name of the consumer(s):

 

Address of the consumer(s):

 

Signature of the consumer(s) (only in case of paper notification):

 

Date

 

(*) Delete as applicable.

 

7. Terms of payment and shipping costs

 

7.1 All prices are quoted in Euro. The prices at the time of the order shall apply.

 

7.2 The purchase price / rental price is due when the order is placed, but at the latest upon delivery of the ordered goods. If a rental order is cancelled up to 5 days before the start of the rental period, 30% of the agreed rental price is expressly due for payment, up to 3 days before the start of the rental period, 60% of the rental price is due for payment, and a cancellation on the day of the start of the rental period, 100% of the rental price is due for payment.

 

7.3 Payments are generally made in cash, by cheque on delivery, or by separate agreement without deduction to the account stated on the invoice. For online orders of goods the following payment methods are provided: Prepayment, cash on delivery, PayPal, Klarna and immediate bank transfer (Sofortüberweisung).

 

7.4 In the event of default of payment on the part of the customer, interest on arrears will be expressly charged.

 

7.5 The adherence to the agreed upon payment dates is an essential condition for the delivery and/or execution of the service by Global-Village/Palmen24. In case of delayed payment, Global-Village/Palmen24 has the right to charge all resulting costs of the necessary intervention of debt collection agencies and lawyers, as well as customary bank interest on arrears, and to subsequently charge / adjust the discounts granted in the offer.

 

7.6 The prices stated on the internet-presences of Global-Village / Palmen24 are only valid after Global-Village has confirmed the order.

 

8. Sales quantities

 

Our goods are only intended for the end user and not for resale. We therefore reserve the right to dispatch goods only in project-related quantities. You will be notified by us if necessary.

 

9. Retention of title

 

The goods remain the property of Global Village/Palmen24 until full payment has been received.

 

10. Warranty (Warranty for defects)

 

It applies the legal German Right of liability for defects (Mängelhaftungsrecht)

 

11. Place of jurisdiction

 

11.1 German law shall apply to cross-border deliveries, with the exception of the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Sales Convention is excluded.

 

11.2 The place of jurisdiction for all disputes arising from the contractual relationship between the customer and us is our registered office, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

 

12 . Codes of conduct

 

We are a member of the Association of Secure and Serious Internet Shop Operators (Verein sicherer und seriöser Internetshopbetreiber e.V.) and have subjected ourselves to the examination criteria there and to the out-of-court conciliation board which is free of charge for our customers.

 

https://www.internetsiegel.net/Pruefungskriterien.pdf

https://www.internetsiegel.net/html/schlichtungsstelle.html

 

13. Copyright

 

The web pages enjoy copyright protection. Imitations, also only in extracts, are only permitted with permission of Global-Village and/or the owner of the rights. The illustrations enjoy the protection of the copyright law.

 

 

Global-Village- home of Palmen24.de.

Owner Marco Giese

Simplonstraße 14

D-10245 Berlin

 

Phone: +49 (0) 30-294 22 99

Fax: +49 (0) 30-291 47 48

Email: info@palmen24.de

Web: www.palmen24.de

 

TAX no.: 14/307/50275 | VAT ID no.: DE242319092