Table of Contents
- Scope of Application
- Conclusion of the Contract
- Sale on Trial
- Right to Cancel
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Granting Rights of Use for Licence Keys
- Granting Rights of Use for Digital Content
- Contract Duration and Contract Termination Regarding Subscription Contracts
- Reservation of Proprietary Rights
- Redemption of Campaign Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Place of Jurisdiction
- Code of conduct
- Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Farmlyplace GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 These GTC apply accordingly to the supply of digital content, unless expressly agreed otherwise.
1.3 Regarding the purchase of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.4 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.5 These GTC shall apply accordingly for contracts regarding the delivery of tickets, unless otherwise agreed expressly. These GTC deal only with the selling of tickets for certain events specified in the Seller’s article description. They do not apply for the performance of those events. As far as the performance of events is concerned, the legal provisions as between the Client and the organizer as well as possibly the organizer’s conditions deviating hereof, shall apply exclusively. In case, the Seller is not the organizer at the same time, he is not liable for the correct performance of the event, for which the respective organizer bears exclusive responsibility.
1.6 These GTC apply accordingly for the delivery of protection keys, unless expressly otherwise provided. In doing so, the Seller shall owe the provision of a protection key for the use of the software or content described by him as well as the granting of the contractually agreed rights for the use of the respective software or content. The Client does not acquire intellectual property rights to the software or content. The respective product description in the Seller’s online shop is decisive for the quality of the software or content.
1.7 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these GTC is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.8 Digital content in the sense of these GTC is all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these GTC.
1.9 According to the Seller’ product description, the object of the contract may be the supply of goods by way of a one-time delivery or the supply of goods by way of a stable delivery (hereinafter referred to as “subscription contract”). In case of a subscription contract, the Seller commits to supply the Client with the contractually owed goods for the duration of the agreed contract period and at the contractually agreed time intervals.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller’s online shop prior to sending his order, the order data shall be stored on the Seller’s website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.6 The English language is exclusively available for the conclusion of the contract.
2.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
2.8 When ordering goods which are covered by the Weapons Act of the Federal Republic of Germany (WaffG), the Client must be of legal age. Clients who wish to acquire weapons and ammunition listed in Annex 2 of the WaffG as weapons and ammunition requiring a permit must hold a purchase permit. The Seller shall point out in the respective article description if the goods in question are covered by the Weapons Act or if they are subject to authorisation within the meaning of Annex 2 of the Weapons Act.
2.9 When ordering goods that are covered by the Weapons Act, the Client assures by sending his order that he is at least 18 years old and that his name and address are correct. The Client further undertakes that only he himself will receive the goods. A delivery of the product takes place only with previous successful examination of the age and an authentication of the Client.
2.10 When ordering goods that are subject to permission under the Weapons Act, proof of the acquisition permit must in addition be provided. Goods subject to permission are only sold and delivered on presentation of a valid purchase permit in the original or as a publicly (officially or notarially) certified copy of all inscribed pages. The goods will only be handed over after a successful age check and authentication of the Client.
3) Sale on Trial
3.1 When choosing the option “order on approval” (sale on trial), the contract will be concluded subject to the condition that the Client agrees with the ordered goods by explicit declaration made to the Seller (for example by post, fax, or e-mail) within a period of fourteen days or that the Client does not reject the goods already delivered by explicit declaration made to the Seller (for example by post, fax, or e-mail) within a period of fourteen days. The approval period begins on the day following the day the Client has received the goods.
3.2 During the approval period, the Client is entitled to check the delivered goods regarding quality, characteristics and functionality and to keep them for this purpose. In this case, he must handle the goods carefully with regard to a possible obligation to return them. If the Client uses the goods in a manner not required for checking the quality, characteristics and functionality, he shall be liable for a possible diminished value of the goods.
3.3 If the Client declares approval of the goods within the approval period or if he does not reject the goods within the approval period, the Client shall be obliged to pay the agreed purchase price. In this case the buyer has to immediately transfer the agreed purchase price to the Seller’s account and at the latest within a period of seven days, unless otherwise agreed. The payment period starts on the day following the Client’s declaration of approval or, if an explicit approval was not declared, on the day following the expiry of the approval period. The timely transfer of payment to the Seller’s account shall be decisive for meeting the deadline.
3.4 If the Client declares the refusal of the goods within the period of approval, he has to return those goods to the Seller within a period of seven days at his own expense, unless agreed otherwise. The timely dispatch shall be sufficient to observe the deadline. The Client has to use a suitable packaging in order to prevent damages during transportation.
3.5 If the Client culpably violates his duty to exercise proper care and/or his obligation to return the goods, he is obliged to compensate the Seller for the resulting harm.
3.6 The statutory right to cancel will not be affected by the above-mentioned provisions.
4) Right to Cancel
4.1 Consumers are entitled to the right to cancel.
4.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.
5) Prices and Payment Conditions
5.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
5.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
5.3 If the payment method direct debit via Stripe is selected, the payment shall be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). In this case, Stripe collects the invoice amount from the customer’s bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before the expiry of the period for pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) to the Client that announces a debit by means of a SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the indication of incorrect bank details, or if the Client objects to the debit although he is not entitled to do so, the Client shall bear the fees arising from the reversal of the debit entry by the respective credit institution if he is responsible for this. The Seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method in the event of a negative credit check.
5.4 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Irland (hereinafter referred to as “Stripe”). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.
In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
6) Shipment and Delivery Conditions
6.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive.
6.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
6.3 Personal collection is not possible for logistical reasons.
6.4 Digital content will be provided to the Client exclusively in electronic form as follows:
– via download
6.5 Vouchers will be provided to the Client as follows:
– by e-mail
6.6 Tickets will be provided to the Client as follows:
– via download
6.7 Licence keys will be provided to the Client as follows:
– via download
7) Granting Rights of Use for Licence Keys
7.1 The license key provided entitles the Client to use the software or content as described in the respective product description.
7.2 The granting of rights shall become effective only when the Client has fully paid the owed remuneration.
8) Granting Rights of Use for Digital Content
8.1 Unless otherwise stipulated in the description of contents displayed in the Seller’s online shop, the Seller grants the client the non- exclusive right, unlimited in relation to place and time, to use the contents supplied for private and professional purposes.
8.2 The transmission of content to third parties or the production of copies to third parties in a way not covered by the GTC is prohibited, unless the Seller has consented to the transfer of the contractual license to third parties.
8.3 The granting of rights pursuant to section 158 (1) German Civil Law Code will only become effective, if the Client has paid the contractually stipulated compensation in full. The Seller may allow the use of the contractual contents temporarily prior to this date. A transfer of rights does not take place via such a provisional permission.
9) Contract Duration and Contract Termination Regarding Subscription Contracts
9.1 Subscription contracts are concluded for an unlimited period of time, but at least for the minimum term as indicated in the respective product description in the Seller’s online shop. The subscription contract may be terminated at any time during the minimum term at the end of this term and after expiry of the minimum term with a 14-day period of notice.
9.2 The right to immediate termination for important reasons remains unaffected.
An important reason is considered, when the continuation of the contract is no more reasonable until the end of the agreed contractual period or until expiry of the notice period for termination, taking into account all circumstances of the particular case and with balanced judgement of mutual interests
9.3 Notices of termination must be made in writing or in text form (for example by e-mail). .
10) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
11.1 Should the object of purchase be deficient, statutory provisions shall apply.
11.2 The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
12) Redemption of Campaign Vouchers
12.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as “campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.
12.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
12.3 Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
12.4 Only one campaign voucher can be redeemed per order.
12.5 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.
12.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
12.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
12.8 The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
12.9 The campaign voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the campaign voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
13) Redemption of Gift Vouchers
13.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stipulated in the voucher.
13.2 Gift vouchers and remaining assets of gift vouchers can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client’s voucher account.
13.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
13.4 Only one gift voucher can be redeemed per order.
13.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
13.6 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
13.7 The gift voucher credit will not be redeemed in cash and is not subject to any interest.
13.8 The gift voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the gift voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
14) Applicable Law
14.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
14.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
15) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract.. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
16) Code of conduct
The Seller has agreed to the conditions of participation for the e-commerce initiative “Fairness in Commerce”, which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
17) Alternative dispute resolution
17.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
17.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.