General Terms and Conditions, Customer Information

1. Scope of supply
2. Offers and service descriptions
3. Purchasing process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment 
7. Retention of ownership
8. Warranty and warranty against the defects in the material
9. The Liability
10. Storage of the text of the contract
11. Final provisions

1. Scope of supply
1.1. The business relationship between Agropha GmbH, Gommloer Str.11, 06901 Kemberg (hereinafter “Seller”) and the Customer (hereinafter “Customer”) the following General Terms and Conditions apply exclusively in their version valid at the time of ordering.

1.2. For any questions, complaints and complaints, you can contact our customer service:
1.3. For the purposes of these General Terms and Conditions, the consumer is any person, who makes a legal transaction for a purpose that cannot be attributed primarily to his commercial or independent professional activity (Section 13 of the German Civil Code).

1.4. The deviating Conditions from the conditions of the Buyer are not accepted, unless the Seller explicitly agrees to their validity.

2. Offers and service descriptions
The presentation of the products in the online shop does not constitute a legally binding offer, but it is an invitation to place an order. The descriptions of service in catalogues and on the Seller’s websites have not the character of an assurance or warranty.
All offers are valid “as long as the stock lasts”, if nothing else is mentioned in the products. For the rest, errors are reserved.

Note: Please enter the appropriate button labels below.

3. Purchasing process and conclusion of contract
3.1. The Customer can select products from the Seller’s assortment without obligation and collect them via pushing the button [to the shopping cart] in a so-called shopping cart. Within the shopping cart, the product selection can be changed, e.b. deleted. Then Customer can proceed to the completion of the order process via pushing the button [Continue to Checkout] within the shopping cart.

3.2. The Customer submits a request for the purchase of the goods in the shopping cart via the pushing button [order with payment]. Before submitting the order, the Customer can change and view the data at any time, return to the shopping cart by using the browser function “back” or cancel the order process altogether. Necessary information is marked with an asterisk (*).

3.3. Then the Seller sends by e-mail to the Customer an automatic acknowledgement of receipt, in which the Customer’s order is listed and which the customer can print out via the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the request. The purchase contract is only concluded when the Seller has dispatched the ordered product to the customer within 2 days, handed it over or confirmed the shipment to the customer within 2 days by a second e-mail, explicit order confirmation or sending of the invoice.

3.4. The Seller allows a prepayment, the contract is concluded with the provision of the bank details and request for payment. If the payment has not been received by the Seller until 10 calendar days after the order confirmation has been sent, the Seller withdraws from the contract with the result that the order is void and the Seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. Therefore, a reservation of the item by prepayment is made for a longer than 10 calendar days.

4. Prices and shipping costs

4.1. All prices on the Seller’s website are inclusive of the applicable statutory value added tax.
4.2. In addition to the stated prices, the Seller will charge shipping costs for delivery. The shipping costs will be clearly introduced to the Buyer on a separate information page and in the context of the ordering process.

5. Delivery, availability of goods

5.1. Insofar as advance payment has been agreed, the delivery will take place after receipt of the invoice amount.
5.2. Should the delivery of the goods fail due to the fault of the Buyer despite three attempts to deliver, the Seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.

5.3. If the ordered product is not available, because the Seller is not receive this product by his supplier through no fault of his own, the Seller may withdraw from the contract. In this case, the Seller will inform the Customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available at stock or the Customer does not request delivery of a comparable product, the Seller will immediately refund the Customer the consideration already provided.

5.4. Customers will be informed of delivery times and delivery restrictions (e.B. limitation of deliveries to certain countries) on a separate information page or within the respective product description.

6. Payment

6.1. The Customer can choose from the available payment methods during and before the completion of the ordering process. The Customers will be informed about the available payment methods on a separate information page.
6.2. The payment is possible by invoice, then payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are entrusted with the processing of payments, e.b. PayPal, their general terms and conditions apply.
6.4. In case the date of the payment is determined according to the calendar, and the Customer is already in default the payment by missing the date. Thus, the Customer must pay the statutory interest for the late payment.
6.5. The Customer’s obligation to pay interest on arrears does not preclude the Seller from claiming further damages for delay.
6.6. The Customer shall only be entitled to set-off if his counterclaims have been legally established or recognised by the Seller. The Customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of ownership
The delivered goods remain the property of the Seller until they have been paid in full.

8. The Warranty and warranty against material defect
8.1. The warranty is determined in accordance with legal regulations.

8.2. Goods supplied by the seller are warranted only if it is specified. Customers are informed of the warranty conditions prior to starting the checkout process.

9. The liability
9.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, regarding of other statutory rights requirements.

9.2. The seller has indefinitely liable if the damage is caused by willful or gross negligence.

9.3. In addition, the Seller is liable for violation of basic obligations due to negligence of the goods, failure to comply with which jeopardizes the achievement of the purpose of the contract, or for violation of obligations, compliance with which allows the proper fulfillment of the contract, on which the Customer relies. In this case, the Seller is only liable for foreseeable damages typical of the contract. The seller is not liable for breach of obligations due to minor negligence, other than those mentioned in the previous offers.

9.4. The aforementioned limitations of liability do not apply in the event of damage to life, body and health, for a defect after acceptance of the product’s quality guarantee, and for fraudulently hidden defects. Liability under the Product Liability Act remains unaffected.

9.5. The seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and proxies.

10. Storing the text of the contract

10.1. The Buyer can print the text of the contract before sending the order to the seller by using the print function of his browser at the last stage of the order.

10.2. The Seller also sends to the Buyer an order confirmation with all details of order to the e-mail address, specified by him. Along with the confirmation of the order, but no later than the moment of delivery of the goods, the Buyer also receives a copy of the Terms and Conditions of cancellation, as well as information on the cost of delivery, terms of delivery and payment. If you have registered in our shop, you can see orders at your profile. In addition, we save the text of the Agreement, but do not make it available in the Internet.

11. Final provisions
11.1. The place of jurisdiction and performance is the registered office of the seller if the Buyer is a merchant, a legal entity under public law or a special fund under public law.

11.2. The Contract language is German.

11.3. European Comission Internet Dispute Resolution (OS) Platform for Consumers: We are not willing or obligated to participate in a dispute resolution procedure before a consumer arbitration panel.