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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 been made via our website.
• Minimum order value is Euro 30.
Samplers and books
• Orders can only been made via our website.
• No minimum value
Wholesale
• Orders can only been 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
• The right of cancellation does not apply for companies, legal persons under public law, and special assets
under public law.
• Cancellations will only be accepted for orders not yet processed. A restocking fee may apply if orders have
already been processed when cancelled.
Right of cancellation for seeds
• Given the delicate nature of these goods there is no legal right to return seeds once delivered. Any defects
will be considered under the terms of the conditions as laid out in the section "warranty".
Right of cancellation for accessories, books and other goods
• You may cancel your contractual declaration within two weeks without citing a reason. This cancellation should
take the form of text (letter, fax, e-mail) or the return of the goods. The cancellation period begins no sooner than
receipt of the goods and receipt of this notification. In order to meet the requirements of the cancellation period,
it is essential to inform us of your cancellation or return the goods in the correct time. Cancellations should be
addressed to:
rarepalmseeds.com
Tobias W. Spanner
Tizianstr. 44
80638 Munich
Germany
• In case of effective cancellation, any contractual performance received by either party should be returned
and any utilisation made (e.g. interest) remitted.
• All transport costs in connection with returns are payable by the customer.
• If you are wholly or partly unable to return the contractual product received to us, or where this is only
possible in a deteriorated condition, then you will be liable to us for compensation to the extent of any lost value.
This does not apply for the purchase of goods where this deterioration arises exclusively from its testing such as
would have been possible in a shop transaction. You can otherwise avoid this compensation duty if you do not make
use of the item as an owner and avoid any action that may lower its value. Items dispatchable as a parcel are to be
returned at our costs and risk.
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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
• Our warranty is offered is accordance with legal provisions.
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
Tizianstr. 44
80638 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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