Conditions



General conditions of sale

scope

These terms and conditions apply to all purchases made by customers at Greentree GmbH. 

Customers in this sense are people with their place of residence and delivery address in the Federal Republic of Germany, the EU, Switzerland or Norway, insofar as the goods they have ordered cannot be attributed to their commercial or independent professional activity. 


Prices and shipping costs

The prices awarded are final prices including sales tax. The amount that is shown at the time of the binding order applies. There are also shipping costs, which depend on the type of shipping and the size and weight of the goods you have ordered. You will be informed of the details when you order. You bear the regular costs of the return, which arise in the event that you return the goods in exercising your right of withdrawal. If you exercise your right of withdrawal, we will not reimburse you for the shipping costs.


payment

Payment is made upon delivery by means of 

- Apple Pay 

- Google Pay 

- Credit card 

- PayPal 




Right of retention

The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.


delivery

(1) Delivery is made to the delivery address specified by the customer within 

- Germany 

- Switzerland 

- Europe
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, Greentree GmbH is not obliged to perform. Greentree GmbH will immediately reimburse amounts already paid.

(3) Greentree GmbH can also refuse to perform if this requires an effort that, taking into account the content of the purchase contract and the principles of good faith, is grossly disproportionate to the customer's interest in fulfilling the purchase contract. Greentree GmbH will immediately reimburse amounts already paid.

(4) Bulky goods (packages with a volume greater than 1 m2) are usually delivered by a forwarding agent. Greentree GmbH expressly points out that these goods are not carried into the house. 


Favorable shipping method for returns

 When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged by an opening for a functional test.


Defect rights

(1) Greentree GmbH will replace a defective product with a defect-free product or have it professionally repaired at the customer's option at the expense of Greentree GmbH (warranty case). The customer's attention is drawn to the fact that there is no warranty case if the product was of the agreed quality when the risk passed. A warranty case does not exist in the following cases in particular:

  1. a) in the event of damage caused to the customer by misuse or improper use,
  2. b) in the event of damage caused by the customer's products being exposed to harmful external influences (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).

(2) Greentree GmbH also provides no guarantee for a fault that has arisen as a result of improper repairs by a service partner who is not authorized by the manufacturer.

(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer's service interests in view of the product price, taking into account the content of the contract and the principles of good faith - with the value in particular of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of supplementary performance. Greentree GmbH's right to refuse this other type of supplementary performance under the aforementioned condition remains unaffected. 

(4) Both in the case of repairs and in the case of a replacement delivery, the customer is obliged to send the product to the return address specified by Greentree GmbH at the expense of Greentree GmbH, stating the order number. Before sending the product, the customer has to remove any objects he has inserted. Greentree GmbH is not liable for the loss of such items.

(5) If the customer sends in the goods in order to receive an exchange product, the return of the defective product is based on the following stipulation: If the customer was able to use the goods in a defect-free condition between delivery and return, they have the value of the ones they took Reimbursement of uses. For any loss or further deterioration of the goods that was not caused by the defect, as well as for the impossibility of surrendering the goods in the period between delivery of the goods and the return of the goods, the customer must pay compensation. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation for the return of a defective product in the event of a warranty also does not apply

  1. a) if the defect justifying withdrawal only became apparent during processing or redesign,
  2. b) if Greentree GmbH is responsible for the deterioration or destruction or if the damage would also have occurred at Greentree GmbH,
  3. c) if the deterioration or destruction has occurred at the customer's, although the customer has observed the care that he is used to in his own affairs.

(6) The customer's obligation to pay damages in the event of a breach of the obligation to return goods for which the customer is responsible is based on the statutory provisions.

(7) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in conformity with the contract within a reasonable period of time. 

(8) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions. 

(9) Greentree GmbH's statutory warranty ends two years from delivery of the goods. The deadline starts once goods are received. 


liability

(1) In the case of slight negligence, Greentree GmbH is only liable in the event of a breach of essential contractual obligations and limited to the foreseeable damage. This restriction does not apply to injury to life, limb and health. Greentree GmbH is not liable for other slightly negligent damage caused by a defect in the purchased item.

(2) Regardless of any fault on the part of Greentree GmbH, Greentree GmbH's liability for fraudulent concealment of the defect or the assumption of a guarantee remains unaffected. The manufacturer's guarantee is a guarantee from the manufacturer and does not represent an assumption of a guarantee by Greentree GmbH.

(3) Greentree GmbH is also responsible for the impossibility of delivery which occurs by chance during its delay, unless the damage would have occurred even if delivery had been made on time.

(4) The personal liability of the legal representatives, vicarious agents and employees of Greentree GmbH for damage caused by them through slight negligence is excluded. 


Applicable Law

The contract concluded between you and Greentree GmbH is subject exclusively to the law of the Federal Republic of Germany with the express exclusion of the UN sales law. The mandatory provisions of the state in which you have your habitual residence remain unaffected.


Place of jurisdiction

If, contrary to the information you provided when ordering, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after signing the contract or if your place of residence is unknown at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Berlin.


Dispute resolution

General information requirements for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act):

The European Commission provides a platform for online dispute resolution, which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. 

Final provisions

(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, this shall not affect the effectiveness of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.

(2) Changes or additions to this contract must be made in writing.