Terms and Conditions

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Place of jurisdiction
10. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of growtech GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, email, post, or via the 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), whereby the receipt of the order confirmation by the customer is decisive, or

- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

- by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller and sent to the Customer in text form (e.g., by email, fax, or letter) after the order has been submitted, along with these General Terms and Conditions. In addition, the contract text will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account by entering the relevant login data, provided the Customer has created a customer account in the Seller's online shop before submitting their order.

2.5 Before submitting a binding 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 detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

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

2.7 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

2.8 When ordering alcoholic beverages, the customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that either he or an adult authorized by him is permitted to receive the goods.

2.9 When ordering tobacco products, the customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that either he or an adult authorized by him is permitted to receive the goods.

2.10 When ordering data storage media that are not suitable for minors (FSK or USK 18 items), the customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that either he or an adult authorized by him is permitted to receive the goods.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who are not members of a Member State of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices, including statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers 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 shop.

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

4.5 When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 If the "SOFORT" payment method is selected, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT," the customer must have an online banking account with a PIN/TAN procedure activated for participation in "SOFORT," must authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction will be processed immediately afterwards by "SOFORT," and the customer's bank account will be debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/.

4.7 If SEPA Direct Debit is selected as the payment method, the invoice amount is due after a SEPA Direct Debit mandate has been issued, but not before the expiry of the advance notification period. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a debit via SEPA Direct Debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if the customer is responsible for this.

5) Delivery and shipping conditions

Conditions for end consumers!

The following overview shows our delivery and shipping conditions for end consumers.

Self-collection

When placing a self-pickup order, please let us know the height of the pickup vehicle so that we can prepare the pickup with the correct packing height. If you do not provide this information, the shipment will be packed to a packing height of 1.60 meters. Please also have the order number ready when picking up the goods, or at least the name of the customer. If you are having your designated freight forwarder pick up the goods, please ensure the driver has the necessary information (customer name, Growtech GmbH order number). Otherwise, the shipment may not be delivered.

National (deliveries within Germany)

Delivery times

Delivery times for shipments within Germany are typically 1–3 days. Any exceptions can be found in the product information for each item in our online shop.

Shipping costs in Germany

All prices quoted here are in EUR and include VAT at 7% or 19%.

• up to 100 EUR value of goods: 5.00 EUR/shipment
• from 100.01 EUR value of goods: free shipping

International

For international shipping, please inquire about shipping costs in advance.

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 If the purchased item is defective, the statutory liability for defects shall apply.

7.2 Notwithstanding the foregoing, the limitation period for claims for defects in used goods shall be one year from delivery of the goods to the customer. However, the reduction of the limitation period to one year shall not apply.

- for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,

- for claims for damages and reimbursement of expenses by the customer, as well as

- in the event that the seller has fraudulently concealed the defect.

7.3 The customer is requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.

8) Applicable law

8.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

8.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who are not members of a Member State of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

9) Place of jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's registered office. If the customer is based outside the Federal Republic of Germany, the seller's registered office 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 is entitled in any case to bring the dispute before the court at the customer's registered office.

10) Alternative dispute resolution

10.1 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 sales or service contracts involving a consumer.

10.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.