Terms of service
General Terms and Conditions of the Online Shop Versailles Plants
§ 1 Scope of application
(1) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between us Versailles Plants, [Mizrai & Shahar GbR] (Link Impressum, Gneisenau Straße 56, 10961 Berlin, Germany) and our customers via our online store. In addition to the provisions of these Terms and Conditions, the statutory provisions shall apply.
(2) Deviating, conflicting or supplementary terms and conditions of the customer are rejected.
§ 2 Conclusion of Contract / Contract Language / Storage of Contract Text
(1) The presentation or advertising of goods in our online store does not constitute a binding offer to conclude a purchase contract.
(2) In the online store, the customer's order is sent to us after clicking the "Buy" button.
The order represents a legally binding offer to which the customer is bound for 3 calendar days. A possible right of revocation according to § 3 remains unaffected.
(3) After receipt of the order by us, we will immediately confirm the receipt of the order to the customer by e-mail. The order confirmation does not constitute acceptance of the contractual offer, unless acceptance is declared at the same time.
(4) A contract between us and the customer is concluded, by declaration of acceptance by e-mail or by delivery of the ordered goods.
(5) Only the German language is available to the customer for the conclusion of the contract.
(6) Before submitting a binding order in the online store, it is possible to save the text of the contract. We ourselves do not save the text of the contract concluded with the customer. In addition, the customer receives the contract terms with details of the ordered goods including these terms and conditions and the cancellation policy by e-mail.
§ 3 Delivery costs / delivery period / availability
(1) Deliveries are always made at the expense of the customer, unless otherwise agreed. An overview of the delivery costs can be found here. In the event of a revocation, the customer shall bear the direct costs of the return shipment.
(2) If a delivery to the customer is not possible because the delivered goods do not fit through the entrance door, front door or staircase of the customer or because the customer is not met at the delivery address provided by him, although the delivery date was announced to the customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery.
(3) The delivery time is approximately 7 working days, unless a different delivery time is specified in our online store or something else has been agreed. The delivery time begins with the conclusion of the contract.
(4) If the product is not available at the time of the order, we will inform the customer immediately. If the product is permanently unavailable, we do not accept the customer's contract offer, so that a contract is not concluded. If the product is only temporarily unavailable, we will also inform the customer immediately.
§ 4 Prices and payment terms
(1) The purchase prices in our online store are gross prices including the statutory sales tax and applicable shipping costs. The total price including VAT and shipping costs will be displayed to the customer on the order overview page before the order is placed.
(2) The purchase price shall become due upon conclusion of the purchase contract.
(3) The following means of payment are available to the customer:
PayPal: In the order process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.
Credit card: With the submission of the order, you provide your credit card information. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
§ 5 Retention of title
The delivered goods remain our property until full payment of the purchase price.
§ 6 Warranty
The warranty for material defects or defects of title of delivered goods shall be governed - subject to the provision in § 8 - by the applicable statutory provisions, in particular § 434 et seq. BGB.
§ 7 Liability
(1) We shall be liable to the customer in accordance with the statutory provisions for damages and reimbursement of expenses in the event of culpable injury to life, limb and health as well as in the event of intent and gross negligence, in the event of fraudulent concealment of a defect or a guarantee assumed by us as well as in accordance with the Product Liability Act.
(2) We shall also be liable in the event of a slightly negligent breach of an essential contractual obligation. Material contractual obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the customer regularly relies and may rely. In these cases, however, our liability shall be limited to compensation for the foreseeable damage typical of the contract.
(3) Otherwise, liability for damages and reimbursement of expenses - irrespective of the legal grounds - shall be excluded.
(4) The above provisions shall also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
§ 8 Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer has placed the order as a consumer and has his habitual residence in another country at the time of the order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made.
§ 9 Dispute Resolution
(1) The European Commission provides a platform for online dispute resolution. This can be found at https://ec.europa.eu/consumers/odr/.
(2) We are not willing or obligated to participate in any dispute resolution proceedings.
Right of withdrawal / exclusion of the right of withdrawal / withdrawal form
If the customer concludes the purchase contract for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity ("consumer"), he shall be entitled to the following right of revocation:
Right of revocation
You have the right to cancel this contract within 14 days without giving any reason. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must notify us (Versaille Plants, [Mizrai & Shahar GbR] Gneisenau Straße 56, 10961 Berlin, Germany, phone: [0176-34470245], email: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, 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 the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us or to in any case no later than 14 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Exclusion of the right of withdrawal
A right of revocation expires prematurely or does not exist, among others, for the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded.
Contracts for services, if Versailles Plants has provided them in full and you have noted and expressly agreed before placing the order that we can start providing the service and you lose your right of withdrawal upon full performance of the contract.
Model cancellation form
(If you wish to cancel the contract, please fill out and return this form).
To: Versailles Plants,Gneisenau Straße 56,10961 Berlin, Germany, phone:, e-mail: email@example.com
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable