Terms and Conditions
1. General Scope
(1) These general terms and conditions apply to contracts between us and consumers, as well as entrepreneurs, unless these are amended by agreements in text form between us.
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
(2) We will clearly notify you of any changes to these terms and conditions when you make your next purchase. You will then need to reconfirm the amended terms and conditions.
2. Subject of contract
The contracts subject is the sale of the goods purchased by you in our web shop. Please refer to the product descriptions on the article page for the essential characteristics of the goods offered by us. Please note that we offer seeds which are not suitable for consumption.
3. Registration in our Online Shop
(1) You are invited to sign up for our services, if you have unlimited legal capacity. The data required for registration must be provided completely and truthfully. Your registration takes place via your e-mail and a password. You agree, that you will keep your username and password secret and may not disclose it to third parties.
(2) With the registration you agree with the validity of the conditions. Further obligations do not arise. You can delete or change your entries at any time under "My Account". If your personal data changes, please keep your contact and delivery details up to date.
For information on how we handle your personal data, please refer to our .
5. Conclusion of contract and conditions - Technical steps lead to conclusion of the contract and contract text
(1) The presentation of goods in our online shop is not an offer, but an invitation to treat.
A binding offer is submitted not until you place a purchase offer. After adding your desired goods to the shopping cart, the following technical steps lead to conclusion of the contract:
- Login or Register to „My Account“ or place your order as a guest, without registering.
- Enter your billing Information and enter /confirm your shipping information
- Confirm your payment information
- Order Review: Check your order and informations and place a binding offer by clicking the button „Buy Now“
- Receive an acknowledgement of receipt online and via email
- Confirmation of Order/Delivery of goods (= conclusion of contract § 145 BGB German Civil Code).
(2) Your binding offer against charge is placed by clicking the button „Buy Now“
(3) Before placing your purchase order you can cancel the ordering process by leaving our website or closing your browser.
(4) After submitting your purchase offer, you will receive an automatically generated e-mail confirming receipt of your order. This does not constitute a contract.
(5) If we accept your offer we will send a confirmation order or deliver the goods to your shipping address (= conclusion of contract § 145 BGB German Civil Code).
(6) We save the contract text. You can find the contract text in„My Account“ in your purchase order history. The contract text is not available for you online, if you have ordered as a guest, without registering.
6. Prices and terms of payment
(1) All prices are consumer prices and include the applicable statutory value added tax (VAT) excluding shipping costs. Net prices are displayed for commercial customers with special trade access and for EU foreign commercial customers with a valid sales tax identification number.
(2) The payment takes place via Paypal, credit card, cheque, prepayment or invoice, whereby not all payment methods are offered in all countries. The available payment methods in your country will be displayed during the order process.
(3) We reserve the right to demand payment in advance from new customers and an order with a value of more than 100 €.
(4) In justified individual cases we reserve the right not to accept certain methods of payment.
7. Delivery conditions and shipping costs
(1) You order from us without a minimum order value.
(2) We deliver exclusively within the European Economic Area (EEA).
(3) We deliver the goods in accordance with the terms agreed with you. Please refer to the overview offor any shipping costs that may arise. We deliver within the delivery time stated in the shop.
(4) Delivery shall take place ex seller's registered office; the place of performance shall be the seller's registered office. In the case of mail order purchase, the risk of accidental loss and accidental deterioration shall pass to the customer upon delivery of the goods to the customer. The same applies if the customer is in default of acceptance. If you are an entrepreneur, the transfer of risk takes place when the goods are handed over to the carrier.
8. Reservation of Ownership
(1) The goods remain our property until full payment has been made.
The following applies to entrepreneurs:
(2) If the goods delivered under retention of ownership are combined by you with another item in such a way that both become essential components of a new item, we shall acquire co-ownership of the new item in proportion to the value (invoice price) of our co-ownership share.
(3) If ownership has not yet been transferred, you must notify us immediately in writing if the reserved goods are seized or otherwise subject to third-party intervention. You shall be obliged to provide us with all necessary documents required for a third party action pursuant to § 771 German civil procedure. If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of such an action, you shall be liable for the loss incurred by us.
(4) You are entitled to resell the reserved goods in the normal course of business. You hereby assign to us the claim against the second purchaser of the reserved goods in the amount of the purchase price agreed with us including value added tax. We already accept them now. This assignment shall apply regardless of whether the object of sale was resold without or after processing. You remain authorised to collect the claim even after the assignment. However, our authority to collect the claim ourselves shall remain unaffected. We will not collect the claim, as long as you are not in default of payment and no application for the opening of insolvency proceedings has been filed.
9. Instructions for Withdrawal
If you are consumer you have a statutory right to withdraw the contract. We do not grant entrepreneurs a voluntary right of cancellation.
(1) Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good or on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.
To exercise the right of withdrawal, you must inform us
Sativa Biosaatgut GmbH
Phone: +49 7745 2799975
Fax: +49 7745 27999751
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us Sativa Biosaatgut GmbH, Keltenweg 4, D 79798 Jestetten without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of Intructions
(2) Model withdrawal fot
(complete and return this form only if you wish to withdraw from the contract)
Sativa Biosaatgut GmbH
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
(3) Procedure after withdrawal
We will not collect the goods and you will have to bear the direct cost of returning the goods.
(1) The statutory warranty applies to consumers in principle. If the delivered goods are defective, you are entitled within the framework of the statutory provisions to demand supplementary performance, to withdraw from the contract or to reduce the price.
(2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods.
(3) For entrepreneurs, the limitation period for warranty claims is one year from the passing of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. The obligation to give notice of defects according to § 377 HGB (German Commercial Code) applies to merchants, according to which the customer must inspect the goods immediately upon receipt, insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, must notify us immediately. If the customer fails to notify us, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection.
(4) If the delivered goods are defective, we shall initially provide services to entrepreneurs at our discretion either by delivering a defect-free item (subsequent delivery) or by remedying the defect (subsequent improvement).
(5) The following shall also apply to entrepreneurs: Claims for defects shall not exist in the event of only insignificant deviation from the agreed quality, only insignificant impairment of usability, and for defects which arise after the transfer of risk as a result of faulty or negligent handling, climatic influences or special external influences which are not presupposed under the contract. We explicitly point out that our product information, in particular on seed health and germination capacity, is based on our own tests. The buyer's results may vary depending on the cultivation method and location.
(6) The aforementioned restrictions and shortening of limitation periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents; in the event of injury to life, body or health; in the event of wilful or grossly negligent breach of duty as well as fraudulent intent; in the event of breach of essential contractual obligations, the fulfilment of which is essential to the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations); in the event of promises of guarantee, insofar as agreed and insofar as the Produkthaftungsgesetz is applicable.
11. Limitation of liability
(1) For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation.
- in the event of injury to life, body or health
- in case of intentional or grossly negligent breach of duty
- in the case of guarantee promises, if agreed
- to the extent that the Produkthaftungsgesetz is applicable.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
(2) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.
In order to maintain the shop system, maintenance work, in individual cases server shutdowns or restarts, are necessary. This may result in rare, temporary service restrictions. This also applies to service restrictions of other origin which we cannot influence (such as disruption of public communication networks, power failures, denial of service attacks, strikes).
(3) Otherwise, claims for damages are excluded. We shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
12. Consumer dispute resolution and quality assurance
The OS platform is intended to serve as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Link to the homepage of the European Commission's Online Consumer Dispute Resolution: https://ec.europa.eu/consumers/odr/
We are not obliged to participate in a dispute resolution procedure in front of a consumer arbitration board and are generally not willing to do so.
Our ambition is to supply you with goods of the expected quality. Should you still not be satisfied with a delivery, we ask you to give us feedback. However, please contact us in any case if you wish to have the delivery returned. In this way we can find a solution together.
13. Concluding Provisions
(1) The contract language is English.
(2) The law of the Federal Republic of Germany shall apply to the exclusion of UN Convention on Contracts for the International Sales of Goods (CISG).
Mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
(3) If you do not have a general place of jurisdiction in your home country or relocate your place of residence abroad after conclusion of the contract or if your place of residence is not known at the time of filing a suit, the place of jurisdiction for all disputes shall be our place of business if you are a merchant or a legal entity under public law. The legal place of jurisdiction applies to consumers.
(4) Should individual provisions of this contract be invalid or contradict the legal regulations, this shall not affect the rest of the contract. The invalid provision shall be replaced by mutual agreement between the parties by a legally valid provision which comes as close as possible to the economic sense and purpose of the invalid provision. The foregoing provision shall apply mutatis mutandis in the event of loopholes.