Allgemeine Geschäftsbedingungen

Table of Contents:

1) contractual partner

2) Subject matter of the contract

3) Conclusion of the contract

4) Duration of the contract

5) Retention of title

6) reservations

7) Prices, shipping costs, return costs

8) Terms of payment

9) Terms of delivery

10) Drafting the contract

11) Right of withdrawal and customer service

12) Disclaimer

13) Language, subject matter and applicable law

14) data protection

15) Online Dispute Resolution

16) Severability Clause





1) contractual partner

On the basis of these general terms and conditions (AGB) comes between the customer and
THRINAX
Represented by Jörg Schumann
Office address: Buchenallee 54 16341 Panketal
Tel: 030-94519452
Mobile: 0177-4804476
Email address: info@palms.de
Sales tax identification number: DE171182312,

hereinafter referred to as the provider, the contract is concluded.



2) Subject matter of the contract

This contract regulates the sale of new goods from the area / areas of plants and seeds via the provider's online shop. For the details of the respective offer, reference is made to the product description on the offer page.



3) Conclusion of the contract

The contract is concluded in electronic business transactions via the shop system or other means of remote communication such as telephone and email. The offers presented represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept. The order process for the conclusion of the contract comprises the following steps in the shop system:

Selection of the offer in the desired specification (size, color, number)

· Placing the offer in the shopping cart

· Press the button 'order'

· Enter the billing and delivery address

· Selection of the payment method

· Review and processing of the order and all entries

Pressing the button 'order for a fee'

Confirmation email that an order has been received In addition to the shop system, orders can also be placed by means of remote communication (telephone / e-mail), whereby the ordering process for the conclusion of the contract comprises the following steps:

· Calling / sending the order email

· E-mail confirming that the order has been received The contract is concluded when the order confirmation is sent. The seller can 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), whereby the receipt of the order confirmation by the customer is decisive, or - by sending delivers the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or - by asking the customer to pay after placing his order. If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.

Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.



4) Duration of the contract

The contract is concluded for an indefinite period.



5) Retention of title

The delivered goods remain the property of the provider until they have been paid for in full.



6) reservations

The provider reserves the right to provide a service that is equivalent in quality and price. The service presented in the shop is exemplary and not the individual, contractual service.



7) Prices, shipping costs, return costs

All prices are final prices and include the statutory sales tax. In addition to the final prices, there are additional costs depending on the shipping method, which are displayed before the order is sent. If there is a right of withdrawal and if this is used, the customer bears the costs of the return.

If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance would have.

In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.



8) Terms of payment

The customer has only the following options for payment: advance transfer, invoice on delivery, payment service provider (PayPal), cash on collection, credit card. Further payment methods are not offered and will be rejected.
After receipt of the invoice, which contains all the information for the transfer and is sent by email, the invoice amount must be transferred in advance to the account specified there. After receipt of the invoice, which contains all information for the transfer and is sent with the delivery, the invoice amount must be transferred in advance to the account specified there. When using an escrow service / payment service provider, this enables the provider and customer to process payments among each other. The trustee service / payment service provider forwards the customer's payment to the provider. Further information is available on the website of the respective trustee service / payment service provider. The invoice amount can also be paid in cash after deducting the shipping costs in the business premises of the provider during normal office hours. When paying by credit card, the customer must be the cardholder. The credit card is charged after the goods have been dispatched. The customer is obliged to pay or transfer the amount shown to the account specified on the invoice within 10 days of receipt of the invoice. Payment is due from the invoice date without deduction. After expiry of the payment period, which is thus determined by the calendar, the customer is in default even without a reminder. The customer's right of retention, which is not based on the same contractual relationship, is excluded. Offsetting against the customer's claims is excluded, unless these are undisputed or have been legally established.



9) Terms of delivery

The goods will be sent immediately after receipt of payment has been confirmed. The dispatch takes place on average after 3 days at the latest. The entrepreneur undertakes to deliver on the 7th day after receipt of the order. The standard delivery time is 2-5 days, unless otherwise stated in the item description. The provider sends the order from its own warehouse as soon as the entire order is in stock there. The customer will be informed immediately of any delays.



10) Drafting the contract

The customer has no way of directly accessing the stored text of the contract. The customer can correct errors in the entry during the ordering process. To do this, he can proceed as follows: his own button.



11) Right of withdrawal and customer service

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day

In the case of a sales contract: on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
In the case of a contract for several goods that the consumer has ordered as part of a single order and that are delivered separately: on which you or a third party named by you who is not the carrier has or has taken possession of the last goods.
In the case of a contract for the delivery of goods in several partial shipments or pieces: in which you or a third party named by you who is not the carrier has or has taken possession of the last partial shipment or the last piece.
In the case of a contract for the regular delivery of goods over a specified period of time: on which you or a third party named by you who is not the carrier took possession of the first goods.
If several alternatives come together, the last time is decisive.

In order to exercise your right of withdrawal, you must send a clear declaration (e.g. a letter sent by post, or E -Mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.



Consequences of 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 inexpensive standard delivery we offer 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 the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

You must send the goods to THRINAX, Jörg Schumann, Buchenallee 54, 16341 Panketal, Tel .: 030-94519452, Email: info @ palms.de to send back to us or to hand over. 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.

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.

End of revocation



12) Disclaimer

Claims for damages by the customer are excluded, unless otherwise stated for the following reasons. This also applies to the provider's representatives and vicarious agents if the customer makes claims for damages against them. Exceptions are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages after grossly negligent or willful breach of duty by the provider or his legal representative or vicarious agent.



13) Language, place of jurisdiction and applicable law

The contract will be drawn up in German. The further implementation of the contractual relationship takes place in German. The law of the Federal Republic of Germany applies exclusively. For consumers, this only applies to the extent that this does not restrict any statutory provisions of the country in which the customer has his place of residence or habitual residence. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the seat of the provider.



14) data protection

In connection with the initiation, conclusion, processing and reversal of a purchase contract on the basis of these terms and conditions, the provider collects, stores and processed. This takes place within the framework of the statutory provisions. The provider does not pass on any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has given his express prior consent. If a third party is used for services in connection with processing processing, the provisions of the Federal Data Protection Act will be complied with. The data communicated by the customer by way of the order will only be processed to establish contact within the framework of contract processing and only for the purpose for which the customer made the data available. The data will only be passed on to the shipping company that is responsible for delivering the goods as required. The payment data will be passed on to the credit institute commissioned with the payment. Insofar as the provider has retention periods of a commercial or tax nature, the storage of some data can take up to ten years. During the visit to the provider's internet shop, anonymized data that do not allow any conclusions to be drawn about personal data and are not intended, in particular the IP address, date, time, browser type, operating system and pages visited, are logged. At the request of the customer, the personal data will be deleted, corrected or blocked in accordance with the statutory provisions. A free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: THRINAX, Jörg Schumann, Buchenallee 54, 16341 Panketal, Tel .: 030-94519452, Email: info @ palms .de.

15) Online Dispute Resolution

Information on online dispute settlement: In the first quarter of 2016, the EU Commission will provide an internet platform for online settlement of disputes (so-called "OS platform"). The OS platform is intended to serve as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. The OS platform can be reached under the following link: http://ec.europa.eu/consumers/odr.

16) Severability Clause

The ineffectiveness of a provision of these terms and conditions has no effect on the effectiveness of the other provisions.

General terms and conditions of this online shop