General terms and conditions of sale
These terms and conditions apply to all purchases from Collaboration with Earth made by private customers.
Private customers in this sense are persons whose goods ordered by them cannot be attributed to their commercial or independent professional activity.
Business customers are requested to place orders by contacting us.
Conclusion of contract
The presentation of our goods and the granting of the possibility to place an order represents a concrete offer on our part to conclude a purchase contract.
Through your order you accept the offer and the purchase contract is concluded.
You will receive an order confirmation by e-mail to the e-mail address you provided.
Prices and shipping costs
The marked prices are final prices including sales tax. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) you ordered. You can find out about the details under Shipping & Returns. We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of revocation. If you exercise your right of withdrawal, we will also refund the shipping costs.
Payment is made upon delivery by
- credit card
- Bank transfer
Default of payment
If you are in default of payment, Collaboration with Earth is entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Collaboration with Earth can prove that a higher damage caused by default has occurred, Collaboration with Earth is entitled to claim this damage.
Right of retention
The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
(1) Delivery is made to the delivery address specified by the customer, worldwide. Certain product categories are only available within Europe.
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, Collaboration with Earth’s obligation to perform is excluded. Amounts already paid will be refunded by Collaboration with Earth without delay.
(3) Collaboration with Earth may also refuse performance to the extent that such performance requires an effort that is grossly disproportionate to the customer’s interest in fulfilling the purchase agreement, taking into account the content of the purchase agreement and the requirements of good faith. Amounts already paid will be refunded by Collaboration with Earth without delay.
(4) Bulky goods (packages with a larger volume than 1 sqm) are usually delivered by freight forwarding. Collaboration with Earth expressly points out that these goods are not carried into the house.
(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged due to an opening for functional testing. If the goods were sent in a repack, it is imperative that the goods are also sent back to our address with this.
(2) To return the goods, please use the fully stamped and addressed return label enclosed with the delivery of the goods, if enclosed. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be obligated to pay us the increased cost compared to a less expensive shipping method.
(3) If there is no return label attached, it means that you will bear the return shipping cost. In this case, you decide which transport provider you choose.
Retention of title
The delivered goods remain the property of Collaboration with Earth until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
Rights against defects
All products are made with the best conscience. Even though Collaboration with Earth sells products, the project is primarily about funding a non-profit nature reserve. I ask that you waive your rights to any defects that may occur. Thank you very much!
(1) If a product is already defective upon delivery (warranty case), Collaboration with Earth will, at the customer’s option and at Collaboration with Earth’s expense, replace it with a defect-free product or have it professionally repaired (supplementary performance). The customer is informed that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the case of damage caused to the customer by misuse or improper use,
b) damage caused by the products being exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, Collaboration with Earth does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer – the customer’s claim is limited to the respective other type of supplementary performance. The right of Collaboration with Earth to also refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
a) if the defect entitling Collaboration with Earth to withdraw from the contract only became apparent during processing or transformation,
b) if Collaboration with Earth is responsible for the deterioration or loss or if the damage would also have occurred at Collaboration with Earth,
c) if the deterioration or loss occurred at the customer’s premises although the customer exercised the care that he is accustomed to exercising in his own affairs.
(4) The customer’s liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible shall be governed by the statutory provisions.
(5) In addition, claims against the manufacturer may also exist within the scope of a warranty granted by the manufacturer, which shall be governed by the relevant warranty conditions.
(6) The legal warranty of Collaboration with Earth ends six months after delivery of the goods. The period begins with the receipt of the goods.
(1) Collaboration with Earth is not liable for any damage caused by a defect in the object of purchase.
(2) Regardless of Collaboration with Earth’s fault, Collaboration with Earth’s liability remains unaffected in case of fraudulent concealment of the defect or from the assumption of a warranty. The manufacturer’s warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by Collaboration with Earth.
(3) Collaboration with Earth is not responsible for impossibility of delivery occurring by chance during its delay, even if the damage would have occurred in case of timely delivery.
(4) Personal liability of Collaboration with Earth’s legal representatives, vicarious agents and employees for damage caused by them due to slight negligence is excluded.
The contract concluded between you and Collaboration with Earth shall be governed exclusively by the laws of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.
Place of jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Brandenburg.
General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which can be found at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.
Should individual provisions of the GTC be or become invalid or unenforceable, this shall not affect the validity of the GTC and the legal relationship concerned in other respects. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective intended by the invalid or unenforceable provision. The above provisions shall apply accordingly in the event of a loophole.