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general terms and conditions

General
Prices
Orders
Replacement for sold-out seeds
Delivery costs
Delivery
Right of cancellation
Reservation of ownership
Payment
Warranty
Damaged or lost shipments
Import regulations
Liability
Data protection
Other
Address
Bank details


The following contractual conditions apply for private customers as well as companies, legal persons under public law and special assets under public law.
(For customers within Germany only our German Terms and Conditions are valid)


General

• Unless otherwise indicated, product images serve as examples only and may vary from the delivered products. All details in the catalogue, newsletter and on the website are given without guarantee and are subject to errors.
• The contract is concluded on written acceptance of the order (order confirmation) or on delivery of the goods.

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Prices

• All prices in Euro excluding taxes.
• Prices are always as posted in our latest newsletter or on our website at the time of the order.

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Orders

Small packets
• Orders can only be made via our website.
• Minimum order value is Euro 30.

Samplers and books
• Orders can only be made via our website.
• No minimum value

Wholesale
• Orders can only be made via our website, by e-mail, fax, telephone or post.
• Minimum order value Euro 100,-

General
• Orders for Small packets, books, and wholesale can only be made separately and for organisational reasons cannot be combined. The customer will not incur any additional delivery costs as a result.
• Order confirmation only for wholesale orders where required. We reserve the right to decline orders (without offering a reason) for economic reasons. Where a product is sold out, a substitute of equal value will only be given where expressly requested. Cancellations will only be accepted for products not dispatched.

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Replacement for sold-out seeds

Small packets
• Sold-out seeds will not be delivered at a later date and can be reordered once they become available. Your credit card will only be charged with the cost of those seeds actually delivered.

Wholesale
• In-stock seeds will be dispatched within the delivery periods defined in the General Terms and Conditions. Later deliveries of sold-out seed types will be made within a maximum of twelve months as soon as they are available unless the order is cancelled.

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Delivery costs

Small packets, samplers and books
• dispatch costs to any destination world-wide are included in the price.

Wholesale
The Shipping charges are calculated when we post the seeds. They are usually around 10 - 25% of order value (less for expensive and lightweight seeds, more for cheap and heavy seeds). If you need to know the exact charges prior to shipping, please ask us for a quote. We offer three shipping options to choose from:
1. Most Economic: Economy Airmail. Cheapest but may take 1-2 weeks longer than regular.
2. Regular: Airmail. Good average between speed and cost.
3. Express: FedEx. Fastest, but charges may be considerably higher.
If not specified, we will choose the most economical but fastest way of shipping. For very large orders airfreight might be the best option. We will advise. Shipping will be billed at cost. If you have any special shipping requirements or instructions, please list them under "comments" on the order form.

General
• Additional costs such as phytosanitary certificates, phytosanitary inspection, treatments, or similar necessary costs may be added to your bill where applicable and cannot be reimbursed if an order is cancelled or the product is exchanged or returned.

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Delivery

• All goods deliverable from the warehouse are generally dispatched within seven working days. Once dispatched, delivery within Germany takes 1 - 5 working days, within the E. U. 3 - 10 working days, and for products delivered to other countries up to 6 weeks. The details given of delivery periods are not binding. Delivery by letter or parcel service (Postal service, DHL, DPD, FedEx etc.) Large quantities by goods haulage or air freight. Where necessary delivery may be made in several consignments.

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Right of cancellation - for private customers

Right of cancellation:
You have the right to cancel this contract within 14 days; you will not be required to provide reasons for so doing. The cooling-off period is: a) in the event of a purchasing contract,14 days from the day on which you or a third party appointed by you, who is not the transporter of the consignment, took possession of the consignment, or b)in the event of a contract for several consignments that were ordered as part of the same order, but were separately delivered, 14 days from the day on which you or a third party appointed by you, who is not the transporter of the goods, took possession of the last of these consignments. In order to cancel a contract, you must send a clear written statement of your decision to cancel (e.g. by surface mail, fax or email) to us at rarepalmseeds.com, Am Schnepfenweg 57, 80995 Munich (Germany), telephone: +49 89 1577902, fax: +49 89 15704284, email: mail@rarepalmseeds.com. You may use for this purpose the cancellation form template, but you are not required to use this template. It is also sufficient if you contact us before the cooling-off period expires to inform us that you are exercising your right of cancellation.

Consequences of cancellation:
Once you have cancelled this contract, we will be obligated to reimburse all payments we received from you, including delivery costs (excluding possible, additional costs that might have resulted from your choice of a form of delivery that differed from our most cost-effective standard delivery) immediately and at the latest within 14 days of the date on which your message concerning your cancellation of the contract was received by us. We shall reimburse these amounts using the same method of payment that you used for the original transaction unless an explicit agreement to the contrary was concluded with you; under no circumstances will you be charged any fees in connection with reimbursement. We have the right to refuse reimbursement until we have received the returned consignment(s) or until you have provided proof that these have been dispatched, whichever event is earlier.
You are obligated to return or release to us the consignment(s) in question immediately or at the latest within 14 days of the date on which you informed us about your cancellation of this contract. You will be deemed to have met this deadline if you dispatch the consignment(s) before the period of 14 days has expired.
You are responsible for the direct costs of returning the consignment(s). Shipping costs within Germany: these are likely to be at most 30% of the value of the consignment(s). Shipping costs within the European Union: these are likely to be at most 40% of the value of the consignment(s).
You will only be required to reimburse us for any reduction in the value of the consignment(s) if this reduction is attributable to improper handling of the consignment(s) while analysing their nature, properties or function.

Exclusion from the right of cancellation:
There is no right of cancellation of contracts relating to the supply of products that are made to customer specifications, which are specifically customised for personal needs, which are not suitable for return, which spoil quickly (e. g. seeds), which have an expiry date that has already been exceeded or of contracts relating to the supply of audio or video recordings or software if the data carriers supplied have been unsealed by you. This exclusion further applies to sealed products that are not suitable for return for health or hygiene reasons and to products of a nature that requires their irreversible blending with other products after delivery.

Notes:
1) You can contact us in advance at +49 89 1577902 to facilitate your return shipment.
2) There is no right of cancellation in the case of orders for seeds under the exclusion clause above.
3) The costs of plant health certificates, plant inspection and customs duties cannot be refunded in the event of cancellation.
4) The right of cancellation does not apply to traders, legal entities and special funds subject to public law.

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Reservation of ownership

• Goods remain in our ownership until full payment is made.

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Payment

Small packets, sampler and books
• Payment by credit card.

Wholesale
• Payment by credit card, prior transfer (bank details below), cheque or int. money order.

General
• Your credit card will not be charged until the goods are dispatched. The charge will be entered as "Palme Per Paket".

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Warranty

Private customers
• The statutory liability with regard to defects applies.

Business customers, legal persons under public law and special assets under public law
• the warranty period for goods sold by us is limited to one year. Beyond this the warranty is subject to the legal provisions.
• The purchaser must inspect the goods immediately following delivery by the vendor and must advise the vendor immediately and in writing of any defects. Where the purchaser fails to give such notice, it is assumed that the goods are accepted, unless the fault is such that it could not be detected in the inspection. Where such a defect arises later, notification must be made immediately following discovery of the defect. Otherwise it is assumed that the goods are accepted even with knowledge of this defect.

General
• We offer no warranty for defects arising from the (continued) use of the goods purchased.

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Damaged or lost shipments

Shipping and importation are at your risk and expense. Costs incurred through import duties, inspection charges, treatments and the like are solely your responsibility. Damage to, or partial loss of shipments must be noted on receipt by the deliverer on the shipping documents. We can file a claim for damaged or lost shipments with the shipping company on your behalf. Compensation for damaged or lost shipments may be given in the form of replacements where applicable.

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Import regulations

We shall not be held liable for failing to comply with your country's import regulations. It is your responsibility to inform yourself about any regulations and requirements concerning the import of our products.

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Liability

We shall not be held liable for any damages or expenses incurred by or through the purchase of our products or the use of our website.

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Data protection

Your privacy
Your privacy is important to us. We want you to feel secure when purchasing goods from our website. In order to protect your privacy, we have included this notice on our website and should like to explain how we protect your privacy and how we use the information we receive from you. This data protection notice applies to all information collected on the rarepalmseeds.com website.

Personal data
In so far as personal data may be recorded during the contract, they will be treated confidentially and in accordance with the provisions of German data protection laws. Personal details will only be requested and used in so far as they are necessary for the drawing up and execution of the related contractual agreement and for any credit check. Users may at any time request information about their personal data as stored by us. They may also request the deletion of such personal data stored by us as long as the contractual relationship is terminated and the storage of the data is not stipulated.

Your e-mail address...
...will definitely not be passed on to others (except in so far as this is necessary for completion of the terms of the contractual relationship) in order to protect you from unwanted advertising (spam).

Non-personal data
Access data relating to each website access procedure are stored in a log-file. These data are not related to persons; we are not therefore able to identify which users have requested which data. The following data set is stored in relation to each request for information:
- name of requested files,
- date and time of request,
- amount of data transferred,
- access status (file transferred, file not found, etc.),
- the page from which the request was made
- a description of the web browser type used.
In connection with your accessing the site, we receive usage data that is stored for statistical purposes and that may allow identification by means of the IP-address. No commercial use is made of personal data.

Technical measures
We have put the necessary technical and electronic measures in place in order to prevent unauthorised access to your personal data. For example, no personal data are stored on our webserver. The secure transmission of your data during the order process is ensured by SSL-encoding.

• Please contact us at any time if you have further questions regarding data protection.

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Other

• Federal German law applies under exclusion of the UN-purchase law (CISG).
• Where the contractual partner is a business customer, legal person under public law or special asset under public law, our registered office is stipulated as the exclusive place of jurisdiction for all claims arising from this contract. We are also entitled to take legal action against the customer in the court of its own registered office.
• Should any provision of this agreement be wholly or partly invalid or later lose its legal validity, this shall not affect the validity of the remaining provisions.

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Address

rarepalmseeds.com
Tobias W. Spanner
Am Schnepfenweg 57
80995 Munich
Germany

Telephone: (+49) 089.1577902
Fax: (+49) 089.15704284
e-mail address: mail@rarepalmseeds.com
www.rarepalmseeds.com

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Bank details

Account holder: Tobias W. Spanner
Account no.: 478774-803
Bank code: 700 100 80
Postbank Muenchen, Germany
IBAN: DE23 7001 0080 0478 7748 03
Swift/BIC: PBNKDEFF

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Last revised: 01.06.2004

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