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Imprint/ Right of withdrawal/ Sample withdrawal form/ General terms and conditions and customer information/ Data protection declaration

Legal provider identification:

Tony Wolf

the plant shop

Leipziger Strasse 262

01139 Dresden

Germany

Phone: 017662367453

Email: derpflanzenladen@gmx.net

Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/consumers/odr.

Right of withdrawal for the sale of goods

Right of withdrawal for consumers (Consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.)

Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods, provided that you have ordered one or more goods as part of a single order and these are or will be delivered as a single order;

To exercise your right of withdrawal, you must inform us (Tony Wolf, Leipziger Straße 262, 01139 Dresden, telephone number: 017662367453, email address: tony.wolf@derpflanzenladen.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than 14 days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the 14-day period. We will bear the cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning. Reasons for exclusion or expiration.

The right of withdrawal does not apply to contracts

- for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

- for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded;

- for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;

- for the delivery of newspapers, magazines or illustrated magazines with the exception of subscription contracts. The right of withdrawal expires prematurely for contracts

- for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;

- for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;

- for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery. Sample cancellation form (If you want to cancel the contract, please fill out this form and send it back.)

- To Tony Wolf, Leipziger Straße 262 Leipziger Straße 262, 01139 Dresden, email address: tony.wolf@derpflanzenladen.de :

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/ received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only if notification is on paper)

- Date (*) Delete as appropriate.

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Tony Wolf) via the eBay classifieds internet platform. Unless otherwise agreed, the inclusion of any of your own terms and conditions that you may use is hereby excluded.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods. Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You can submit a binding contract offer (order) using the platform function "Write message". Acceptance of the offer (and thus conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g. by message via the platform or by email), in which the execution of the order is confirmed to you (order confirmation). If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

(3) Your requests for a quote are non-binding. We will provide you with a binding offer in text form, which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Right of retention, retention of title

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 4 Warranty

(1) The statutory liability for defects applies.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.

§ 5 Choice of law

(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. Customer information

1. Identity of the seller

Tony Wolf

Leipziger Strasse 262

01139 Dresden Germany

Phone: 01762367453

Email: derpflanzenladen@gmx.net

Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/consumers/odr.

2. Information on the conclusion of the contract The technical steps for concluding the contract and the conclusion of the contract itself are carried out in accordance with Section 2 of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1 The contract language is German.

3.2. We do not save the complete contract text. Before submitting the order, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again via message on the platform or by email.

3.3. When requesting a quote, you will receive all contract data as part of a binding offer in text form, e.g. by message via the platform or by email, which you can print out or save electronically.

4. Essential characteristics of the goods or services The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment terms

5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They are shown separately in the respective offer and must be borne by you in addition, unless free shipping has been promised.

5.3. You have the following payment options, unless otherwise stated in the respective offer: Prepayment by bank transfer

5.4 Unless otherwise agreed, payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1 Unless a different deadline is specified in the respective offer, the goods will be delivered within 3-5 days after conclusion of the contract (but only after the time of your payment instruction if advance payment has been agreed).

6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. 7. Statutory liability for defects Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

last update: 01.01.2022

Data protection

Unless otherwise stated below, the provision of your personal data is neither legally nor contractually required, nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide the data has no consequences. This only applies if no other information is provided in the subsequent processing operations. "Personal data" is all information that relates to an identified or identifiable natural person. Responsible person Contact us if you wish.

The person responsible for data processing is:

Tony wolf, Leipziger Strasse 262, 01139 Dresden Germany, 017662367453, tony.wolf@derpflanzenladen.de

Collection and processing when using the contact form

When you use the contact form, we only collect your personal data (name, e-mail address, message text) to the extent you provide it. The data processing serves the purpose of establishing contact. If the contact serves to carry out pre-contractual measures (e.g. advice in the event of a purchase interest, preparation of an offer) or concerns a contract already concluded between you and us, this data processing is carried out on the basis of Art. 6 Paragraph 1 Letter b GDPR. If you are contacted for other reasons, this data processing is carried out on the basis of Art. 6 Paragraph 1 Letter f GDPR out of our overriding legitimate interest in processing and answering your request. In this case, you have the right to object to this processing of personal data concerning you based on Art. 6 Paragraph 1 Letter f GDPR at any time for reasons arising from your particular situation.

We only use your email address to process your request. Your data will then be deleted in compliance with statutory retention periods unless you have consented to further processing and use.

WhatsApp Business

If you contact us via WhatsApp for business purposes, we use the WhatsApp Business version of WhatsApp Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; “WhatsApp”). If you are located outside the European Economic Area, this service is provided by WhatsApp Inc. (1601 Willow Road, Menlo Park, CA 94025, USA). The data processing serves to process and answer your contact request. For this purpose, we collect and process your mobile phone number stored with WhatsApp, your name if provided, and other data to the extent provided by you. We use a mobile device for the service, in the address book of which only data from users who have contacted us via WhatsApp is stored. Personal data will therefore not be passed on to WhatsApp without you having already consented to this to WhatsApp. Your data will be transmitted by WhatsApp to servers of Meta Platforms Inc. in the USA. There is no adequacy decision from the EU Commission for the USA. The data transfer takes place, among other things, on the basis of standard contractual clauses as appropriate guarantees for the protection of personal data, which can be viewed at: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_de.

If the contact is for the purpose of carrying out pre-contractual measures (e.g. advice in the event of a purchase interest, preparation of an offer) or concerns a contract already concluded between you and us, this data processing is carried out on the basis of Art. 6 Paragraph 1 Letter b GDPR. If contact is made for other reasons, this data processing is carried out on the basis of Art. 6 Paragraph 1 Letter f GDPR out of our overriding legitimate interest in providing quick and easy contact and in answering your query. In this case, you have the right to object to this processing of personal data concerning you based on Art. 6 Paragraph 1 Letter f GDPR at any time, for reasons arising from your particular situation. We only use your personal data to process your query. Your data will then be deleted in compliance with statutory retention periods, unless you have consented to further processing and use. Further information on terms of use and data protection when using WhatsApp can be found at https://www.whatsapp.com/legal/#terms-of-service and https://www.whatsapp.com/legal/#privacy-policy.

Collection, processing and transfer of personal data when placing orders

When you place an order, we only collect and process your personal data to the extent that this is necessary to fulfil and process your order and to process your inquiries. The provision of the data is necessary for the conclusion of the contract. Failure to provide the data means that no contract can be concluded. The processing is carried out on the basis of Art. 6 Paragraph 1 Letter b of GDPR and is necessary to fulfil a contract with you. Your data will be passed on, for example, to the shipping companies and dropshipping providers you have chosen, payment service providers, service providers for order processing and IT service providers. In all cases, we strictly adhere to the legal requirements. The scope of data transmission is kept to a minimum. Payment service provider Use of PayPal All PayPal transactions are subject to the PayPal privacy policy. You can find this at https://www.paypal.com/de/webapps/mpp/ua/privacy-full Duration of storage After the contract has been fully processed, the data will initially be stored for the duration of the warranty period, then taking into account statutory retention periods, in particular tax and commercial law, and then deleted after the deadline has expired, unless you have consented to further processing and use. Rights of the data subject If the legal requirements are met, you have the following rights under Art. 15 to 20 GDPR: Right to information, to rectification, to erasure, to restriction of processing, to data portability. In addition, according to Art. 21 Para. 1 GDPR, you have the right to object to processing based on Art. 6 Para. 1 f GDPR, as well as to processing for the purposes of direct advertising. Right to complain to the supervisory authority According to Art. 77 GDPR, you have the right to complain to the supervisory authority if you believe that the processing of your personal data is not lawful. You can lodge a complaint with the supervisory authority responsible for us, which you can reach using the following contact details: Saxon Data Protection Officer Devrientstrasse 5 01067 Dresden Tel.: 015731726972 Fax: 015731726972 Email: saechsdsb@slt.sachsen.de Right of objection If the personal data processing listed here is based on our legitimate interest pursuant to Art. 6 Paragraph 1 Letter f GDPR, you have the right to object to this processing at any time with effect for the future for reasons arising from your particular situation. Once you have objected, the processing of the data in question will be stopped unless we can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

 last update: 10.01.2022