TERMS + CONDITIONS

Contents:
Article 1 - Definitions
Article 2 - Applicability
Article 3 - The offer and the agreement
Article 4 - Right of withdrawal
Article 5 - Costs in case of withdrawal
Article 6 - Exclusion of the right of withdrawal
Article 7 - The price
Article 8 - Conformity and warranty
Article 9 - Delivery and implementation
Article 10 - Payment
Article 11 - Complaints
Article 12 - Disputes
Article 13- Additional or different provisions

Article 14 - Refusal of service

Article 1 - Definitions
The following definitions apply in these terms and conditions:
1. Customer: a consumer or company that uses offers and / or services of foliage factory and in this way enters into an agreement with foliage factory.
2. Day: calendar day.
3. Seller: foliage factory.
4. Distance agreement: an agreement whereby, in the context of a system for distance selling of products and / or services organized by the seller, until the conclusion of the agreement, use is made exclusively of one or more techniques of distance communication.
5. Written: by email.

Article 2 - Applicability
1. These general terms and conditions apply to every offer from the seller and to every distance contract concluded between the seller and the customer.
2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the customer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed  and they will be sent  free of charge, as soon as possible, at the request of the customer.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the the customer electronically, in such a way that the customer can store them in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded, where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the customer.
4. By placing an order, the customer accepts these terms and conditions.
5. If at any time one or more provisions of these general terms and conditions are wholly or partially invalid or should be declared void, the remaining provisions of these general terms and conditions will remain fully applicable.
6. If the seller does not demand strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the seller would lose the right to demand strict compliance with the conditions in other cases.

Article 3- The offer and agreement
1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the customer. If the seller uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the seller. System errors or technical malfunctions cannot be charged to the seller. To prevent this, the seller takes appropriate technical and organizational measures.
3. An agreement is concluded, subject to the provisions of paragraph 5, at the moment of acceptance of the offer by the customer and compliance with the corresponding conditions. The seller will send a confirmation of receipt of the acceptance of the offer (the order) to the buyer by e-mail as soon as possible. This confirmation can also be done by telephone.
4. The seller can inform himself, within the legal framework, whether the customer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the agreement. If the seller has good reasons not to enter into the agreement, he can refuse the orders with reasons or attach additional conditions to the agreement.
5. An offer is canceled if the product to which the offer relates is no longer available in the meantime.

Article 4 - Right of withdrawal
1. When purchasing non-living and/ or non-perishable goods, the customer has the option of dissolving the agreement for fourteen days without giving any reason. This period starts on the day following receipt of the product by the buyer or beneficiary.
2. During the cooling-off period the buyer will handle the product and the packaging with care. He will only unpack the product to the extent necessary to be able to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and in the original condition and packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.

Article 5 - Costs in case of withdrawal
1. If the customer makes use of his right of withdrawal, they have to cover the costs of return .
2. If the customer has paid an amount, the seller will refund this amount within 30 days after the return, excluding the shipping cost.

Article 6 - The price
1. During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the seller can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the seller has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the customer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the range of products or services are in euros including VAT.
Shipping costs are not included in the price.

Article 7  - Conformity and Warranty
1. The seller guarantees that the products and / or services comply with the agreement, the specifications stated in the offer.
2. The seller is responsible for the authenticity of the delivered products, in accordance with the description in the offer.
3. Images, examples and descriptions are indicative and do not bind the seller. Because it concerns natural products, colors, sizes and shapes of delivered products may differ slightly from the images shown on the website. Also due to seasonal influences, products may differ from the images shown on the website. This does not give the customer the right to cancel the order.
4. The seller and buyer will, in reliance on the guarantee scheme, jointly seek a suitable solution.
5. The seller must be able to check the submitted claim to the guarantee scheme.
6. For a justified claim to the guarantee scheme, the customer must have taken care of the correct care of the product. This includes, among other things, following the care tips, taking care of the control of pests and plant diseases. As well as taking care of the right location for the surface and sunlight.
7. Damage due to dehydration, frost and extreme weather conditions is not covered by the warranty.

Article8  - Delivery and implementation
1. The seller will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the customer has made known to the company.
3. foliage factory strives for a delivery period of 7 working days after the conclusion of the agreement, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, foliage factory will contact the customer as soon as possible. However, exceeding the delivery time does not give the customer the right to terminate the agreement, unless the delivery time exceeds 30 days.
4. In the event of termination, in accordance with the previous paragraph, the seller will refund the amount that the buyer has paid as soon as possible, but no later than 30 days after termination.
5. If delivery of an ordered product appears to be impossible, the seller will endeavor to make a replacement item available. At the latest at the delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered.
6. The delivery service engaged by foliage factory will offer the delivery at least twice to the delivery address. After this period the order will be considered as being delivered. For larger orders with a different format and / or weight, a different method applies, the buyer will be informed about this in advance.
7. If the order comes back because the customer appears to be on vacation or has moved, for example, this does not give the right to a new delivery to a different address or to termination of the agreement. foliage factory is not responsible for any incorrect address given by the customer. When specifying a delivery address, the customer must ensure that the address details are correct.
9. Cases of transport damage must be reported by the customer in writing and with photographical proof of damage to foliage factory within 24 hours after delivery.

Article 9 - Payment
1. The customer has the duty to immediately report inaccuracies in payment data provided or stated to the seller.
2. In the event of a default on the part of the buyer, the seller has the right, subject to legal restrictions, to charge the client reasonable costs that have been made known in advance.
3. The buyer can pay by using one of the payment methods offered during the ordering process.

Article 10 - Complaints
1. Complaints about the implementation of the agreement must be submitted in writing to the seller within 24 hours of delivery, fully and clearly described.
2. Complaints submitted to the sellerr will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the seller will respond within a period of 14 days with a message of receipt and an indication when the customer can expect a more detailed answer.
3. Only German law applies to agreements between the seller and the buyer to which these general terms and conditions apply.

Article 11 - Ownership
1. All delivered products remain the property of the seller until they have been fully paid for by the buyer.
2. All rights of intellectual property of displayed information, announcements and other expressions with regard to the products and / or with regard to the website are vested in the seller or their suppliers.

Article 12- Additional or different provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that the customer can store them in an accessible manner on a durable medium.

Article 13 - Refusal of service

We reserve the right to refuse service  to anyone, for any reason, at any time.

FOLIAGE FACTORY

You recieve the plant you see in the picture. Each and every plant is photographed separately.

All our plants are soil-free and hydro-ready.

We are an online-only shop located in Germany, Europe.

We ship Worldwide.

Any questions?

Visit the FAQ section.

Answer not there?

Drop us a line:

hello@foliage-factory.com

CUSTOMER CARE

JOIN THE LIST: