General Terms and Conditions
for the online shop at the URL
operated by
Greenbox GmbH & Co. KG
Schwachhauser Heerstraße 266 b
28359 Bremen
E-Mail: contact@greenbox.bio
Telephone: +49 (0)421 / 246 87 87 0
- hereinafter: Provider -
Preamble
Note on Customer Groups
Our online shop is directed at both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). Unless expressly regulated otherwise in these General Terms and Conditions, the following provisions apply to both customer groups. For entrepreneurs, the special provisions in Section 12 of these General Terms and Conditions additionally apply, which take precedence in case of deviations. Consumer rights remain unaffected by this.
1. Scope of Application
These General Terms and Conditions (GTC) apply, after their inclusion, to all contracts for the acquisition of goods, services or other items (hereinafter "Goods") in the online shop at the above-mentioned URL in the version valid at the time of conclusion of contract. These GTC apply exclusively. Deviating GTC of the customer shall not become part of the contract unless the provider expressly agrees to them.
2. Conclusion of Contract
2.1 The offers in the online shop constitute a non-binding invitation by the provider to online shop visitors to submit an offer for the acquisition of the goods offered in the shop.
2.2 The ordering of the good(s) is carried out via the provider's online order form. After selecting the desired good(s), entering all requested mandatory information and completing all other obligatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contractual offer for the acquisition of the selected good(s). The conclusion of the contract occurs when the provider accepts the customer's offer. The acceptance occurs when the provider confirms the conclusion of the contract in written or text form (e.g., by email) (order confirmation) and this order confirmation reaches the customer, or when the provider delivers the ordered goods and these goods reach the customer, or when the provider requests payment from the customer (e.g., invoice or credit card payment in the ordering process) and the payment request reaches the customer; decisive for the time of contract conclusion is the time when one of the alternatives mentioned in the first half-sentence occurs for the first time.
2.3 Before binding submission of the order via the provider's online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. Furthermore, all entries are displayed once more in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch or other available input functions.
2.4 The provider will store the contract text after the conclusion of the contract and transmit it to the customer in text form (e.g., by email). No further accessibility of the contract text by the provider will take place. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.
2.5 The following languages are available for the conclusion of contracts: German, English
3. Right of Withdrawal for Consumers
Consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to their commercial nor their independent professional activity. Details can be found in the withdrawal instructions, which are made available to every consumer at the latest immediately before the conclusion of the contract.
4. Payment, Default
4.1 Price Display
In the online shop, prices can be displayed both inclusive (gross) and exclusive (net) of statutory VAT. The gross prices (incl. VAT) apply to consumers. The net prices (plus VAT) apply to entrepreneurs within the meaning of § 14 BGB. The price displayed in the checkout including any shipping costs is always decisive for the purchase contract.
4.2 The prices listed in the online shop at the time of ordering apply. All prices are inclusive of statutory VAT and plus any shipping costs that may be listed. The customer is informed about the available payment methods in the provider's online shop.
4.3 If "advance payment" is agreed, the purchase price becomes due immediately after conclusion of the contract.
4.4 If "purchase on account/invoice purchase" is agreed, payment is due immediately after conclusion of the contract, unless a different payment term was specified in the invoice or in the purchase process.
4.5 If "SEPA direct debit" is agreed, payment is due immediately after conclusion of the contract. Before debiting the purchase price, the customer will be informed when to expect the debiting of the agreed purchase price (Pre-Notification). The direct debit will not occur before receipt of this Pre-Notification and not before the deadline specified in the Pre-Notification. If the direct debit fails due to insufficient account funds, the provision of incorrect bank details or for other reasons for which the customer is responsible, the customer bears any chargeback fees that may arise, provided the customer is responsible for the failure of the direct debit.
4.6 If payment by credit or debit card is agreed, the purchase price becomes due immediately after conclusion of the contract.
4.7 If payment via "PayPal" is agreed, the purchase price becomes due immediately after conclusion of the contract. Payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.8 Reminder Costs
For each reminder after the first reminder, the provider may charge a reminder fee of 5.00 EUR, unless the customer proves that no damage or less damage has occurred.
5. Retention of Title
The purchased goods remain the property of the provider until full payment of the purchase price.
6. Delivery and Self-Delivery Reservation
6.1 Subject to deviating agreements, delivery takes place within the delivery time specified in the online shop to the delivery address specified by the customer. The applicable delivery times can be found in the online shop.
6.2 For freight deliveries, delivery takes place "free kerb" subject to deviating agreements. This means delivery to the public kerb closest to the specified delivery address.
6.3 If the provider cannot deliver the ordered goods because they themselves were not supplied through no fault of their own, although they concluded a congruent hedging transaction with a reliable supplier in good time, the provider is released from their obligation to perform and may withdraw from the contract. The provider is obligated to immediately inform the customer about the impossibility of performance. Counter-performances already rendered by the contractual partner will be refunded to them immediately. Mandatory consumer law remains unaffected by this paragraph.
6.4 Force Majeure
Events of force majeure (e.g., natural disasters, epidemics, official measures, strikes, supplier failures) release the provider from the obligation to perform for the duration of the disruption and to the extent of its effect; both parties will cooperate on reasonable measures to minimise damage.
7. Warranty
You are entitled to statutory defect liability rights, unless otherwise regulated below.
7.1 Tolerances for Individual Products
For individualised or customer-specific manufactured products, production-related minor deviations from other orders or within batches cannot be complained about.
This applies in particular to:
- minor colour deviations between different orders or production batches,
- minor colour deviations from previous orders or samples,
- minor deviations in dimensions and formats within industry-standard tolerances (generally up to 1-2 mm or 1-2% of the target dimension),
- minor offset of refinements such as embossings or coatings from the basic motif (up to 0.5 mm).
The same applies to deviations between templates, samples or proofs and the final product that are production-related.
Material-related properties such as grain direction, slight deformations during processing and minor deviations in material strength are production-typical and cannot be complained about.
7.2 Product Representations
Illustrations, drawings, technical data and samples are only approximately decisive and do not constitute a quality guarantee, unless expressly agreed in writing as such.
7.3 Further Processing
The provider is not responsible for defects that arise from further processing by the customer themselves or by third parties commissioned by them. The examination of the suitability of the delivered goods for such further processing is solely the responsibility of the customer.
7.4 Changes and Wear
The provider assumes no liability for changes to the delivered goods/service or the delivered object by the customer or third parties, unless they are responsible for this. The provider is also not liable for normal wear and tear.
8. Liability and Indemnification
8.1 The provider is liable without limitation:
- for damages from injury to life, body or health, which are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damages which are based on an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
- due to a guarantee promise, insofar as no other regulation has been made in this regard;
- due to mandatory liability (e.g., under the Product Liability Act)
8.2 If the provider negligently breaches an essential contractual obligation, their liability is limited to the contract-typical, foreseeable damage, unless unlimited liability applies according to the preceding paragraph. Essential contractual obligations are obligations which the contract imposes on the provider according to its content for achieving the contractual purpose, whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely.
8.3 Otherwise, liability of the provider as well as the liability of their vicarious agents and legal representatives is excluded.
8.4 The customer indemnifies the provider against any claims by third parties – including the costs for legal defence at their statutory amount – which are asserted against the provider due to unlawful or contractually improper actions of the customer.
9. Customer Materials and Intellectual Property
9.1 Customer Materials
The customer confirms that they are authorised to use the materials submitted for production and that such use does not infringe any third-party rights.
9.2 Copyright in Provider's Creative Work
Copyrights and other intellectual property rights in designs, drafts or other creative services created by the provider remain with the provider, unless expressly agreed otherwise in writing.
10. Data Protection
The provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. For details, please refer to the provider's privacy policy.
11. Final Provisions
11.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer with habitual residence in the EU being deprived of mandatory statutory provisions of the law of their state of residence.
11.2 If the customer is a merchant, legal entity under public law or special fund under public law, the court at the provider's registered office has jurisdiction, unless exclusive jurisdiction is established for the dispute. This also applies if the customer has no domicile within the European Union. The registered office of our company can be found in the header of these GTC.
11.3 Insofar as a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract remain unaffected.
11.4 Company Location and Consumer Rights
Greenbox GmbH & Co. KG is a company established under German law and is subject to German jurisdiction. Our registered office is located in Bremen, Germany. However, we acknowledge and respect that consumers may have additional rights under the laws of their country of residence.
If you are a consumer residing outside Germany, please note that your statutory consumer rights under the laws of your country of residence remain fully applicable to all transactions with us, insofar as these rights offer greater protection than German law. Nothing in these General Terms and Conditions is intended to limit or exclude mandatory consumer protection rights that you may have under the laws of your country of residence.
In the event of conflicts between the applicable consumer protection laws of your country of residence and German law, the provisions that provide the highest level of consumer protection shall take precedence, in accordance with applicable private international law and EU regulations.
12. Information on Online Dispute Resolution / Consumer Mediation
The provider is not willing or obligated to participate in dispute resolution procedures before a consumer mediation body.
Our email address can be found in the header of these GTC.
13. Special Provisions for Entrepreneurs (B2B Customers)
13.1 Definition of Entrepreneur
An entrepreneur within the meaning of these GTC is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity (§ 14 BGB). The entrepreneur confirms with their order that they are acting as an entrepreneur.
13.2 Prices
All prices stated in the shop are to be understood for entrepreneurs as net prices plus statutory VAT and any shipping and packaging costs.
13.3 Warranty
For entrepreneurs, the defect liability period is 6 months from delivery of the goods. § 377 HGB (duty to examine and give notice of defects) applies. Hidden defects must be reported in writing immediately after discovery. Mandatory recourse claims of the entrepreneur (§§ 445a, 445b BGB) remain unaffected.
13.4 Liability
In case of simple negligence, the provider is liable – except in cases of injury to life, body or health – only in case of breach of essential contractual obligations (cardinal obligations) and limited to the contract-typical, foreseeable damage. Liability for lost profits, indirect damages or consequential damages is excluded, unless liability is mandatory by law.
13.5 Set-off / Retention
Rights of set-off or retention are only available to the entrepreneur if their counterclaims have been established by final court judgement, are undisputed or have been acknowledged by the provider.
13.6 Retention of Title
Ownership of the delivered goods remains reserved until full payment of all claims from the ongoing business relationship.
13.6a Processing/Mixing
If processing/mixing of the goods subject to retention of title takes place, the provider acquires co-ownership in the ratio of the invoice values of the processed goods; the entrepreneur holds the (co-)ownership free of charge.
13.6b Advance Assignment
The entrepreneur hereby already assigns to the provider the claims arising from the resale of the goods subject to retention of title in the amount of the invoice value of the goods subject to retention of title; the provider accepts the assignment. The entrepreneur remains authorised to collect, as long as they are not in default.
13.7 Jurisdiction
Exclusive jurisdiction is Bremen. However, the provider is entitled to sue the entrepreneur at their registered office as well.
13.8 Copyright Protection
Designs, graphics, illustrations or other documents created by us remain our property and may not be reproduced or passed on without express written consent.
13.9 Third Party Rights and Unlawful Content
By placing the order, the entrepreneur declares that they are authorised to reproduce the submitted documents. If the execution of the order placed by the entrepreneur infringes third-party rights (in particular copyright, trademark or patent rights) and the entrepreneur is responsible for this, the entrepreneur shall indemnify the provider against all related claims by third parties, without prejudice to any further claims. The provider reserves the right not to execute an order and to withdraw from the contract if the submitted documents or the fulfilment of the order violate criminal or administrative offence provisions.
13.10 Industrial Property Rights and Copyrights
The provider reserves industrial property rights and copyrights for all services rendered – in particular for graphic designs, text and image layouts, etc. By paying the fee, the entrepreneur only pays for the respective ordered goods but does not acquire any further rights to the industrial property rights, copyrights or other intellectual property rights of the provider. The simple, non-transferable and non-sublicensable right of reproduction may be granted to the entrepreneur against payment of a fee within the framework of a separate agreement to be concluded in text form.
13.11 Credit Assessment
The provider reserves the right to conduct a credit assessment for entrepreneurs, insofar as this is necessary to safeguard legitimate interests (§ 6 para. 1 lit. f DSGVO).
13.12 Transfer of Risk
Vis-à-vis entrepreneurs, the risk of accidental loss and accidental deterioration passes upon handover to the freight forwarder/carrier (§ 447 BGB). Transport damages must be reported immediately to the freight forwarder/carrier.
13.13 Default Interest
Vis-à-vis entrepreneurs, the default interest rate is 9 percentage points above the base rate; additionally, the provider may demand a lump sum of 40.00 EUR according to § 288 para. 5 BGB.