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Terms and Conditions


§ 1

Scope & Defence Clause

(1) For the legal relationships established via this Internet shop between the operator of the shop, in this case SilvaTrees Gmbh, Gut Laufzorn 8, D-82041 Laufzorn (hereinafter referred to as "Provider") and its customers, the following General Terms and Conditions in the respective version at the time of the order apply exclusively.
(2) Deviating general terms and conditions of the customer are rejected.
(3) The displayed shop is a pure B2B shop. The sale to private customers (B2C) therefore does not take place.


§ 2

Conclusion of the contract

(1) The presentation of the goods in the Internet shop does not constitute a binding offer by the provider to conclude a purchase contract. The customer is thereby only asked to submit an offer by placing an order.
(2) By sending the order in the Internet shop, the customer makes a binding offer aimed at the conclusion of a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also acknowledges these terms and conditions as solely decisive for the legal relationship with the provider.
(3) The provider confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It only serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer is made by the delivery of the goods or an express declaration of acceptance.


§ 3

Ownership

The delivered goods remain the property of the provider until full payment has been made.


§ 4

Maturity

Payment of the purchase price is due upon conclusion of the contract.


§ 5

Warranty

(1) The warranty rights of the customer are governed by the general statutory provisions, unless otherwise specified below. For claims for damages of the customer against the provider, the regulation in § 6 of these GTC applies.
(2) The limitation period for warranty claims of the customer is 2 years for consumers for newly manufactured items, 1 year for used items. With regard to entrepreneurs, the limitation period for newly manufactured items and used items is 1 year. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb or health as well as to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the provider must hand over the item to the customer free of material defects and defects of title and to acquire ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. With regard to entrepreneurs, the right of recourse according to § 478 BGB is also excluded from the shortening of the limitation periods.
(3) A guarantee is not declared by the provider.


§ 6

Return

(1) In the event of dissatisfaction or incorrect ordering of articles, the direct return costs shall be borne by the customer.
(2) In the case of returns on the basis of warranty claims, the provider shall only bear the costs if the customer notifies the provider of the collection of the goods. The provider will then arrange the collection.


§ 7

Disclaimer

(1) Claims for damages by the customer are excluded, unless otherwise specified below. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents of the provider, insofar as the customer asserts claims against them.
(2) Excluded from the exclusion of liability specified in Section 1 are claims for damages due to injury to life, limb, health and claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the provider must hand over the item to the customer free of material defects and defects of title and to acquire ownership of it. Liability for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents is also excluded from the exclusion of liability.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.


§ 8

Prohibition of assignment and pledging

The assignment or pledging of claims or rights to which the customer is entitled against the provider is excluded without the consent of the provider, unless the customer proves a legitimate interest in the assignment or pledging.