1. Scope of applicationThe General Terms and Conditions of Business (hereinafter referred to as "GTC") apply to all orders placed via the online shop of Planted Golden Cross House, 8 Duncannon Street, London, WC2N 4JF (hereinafter "Planted" or "we").
We reserve the right to change the GTC. The version of the GTC valid at the time of the order is decisive in each case, which cannot be changed unilaterally for this order.
2. OfferThe offer is directed at natural persons with residence or legal entities with registered office in the UK (hereinafter referred to as "customers" or "you"). Deliveries will only be made to addresses in the UK.
The offer is valid as long as it is visible in the online shop and as long as stocks last. Prices and product ranges are subject to change at any time. The images shown in advertisements, brochures, in the online shop etc. are for illustration purposes and are not binding. The specific information on the product packaging is authoritative.
3. PricePrices are quoted in pounds and include statutory value added tax (VAT). The price in the online shop at the time of the order is decisive.
4. Payment options4.1 Electronic means of payment
The means of payment offered in the online shop are accepted as electronic means of payment.
4.2 Purchase on account Planted may, at its discretion, offer payment by invoice (with or without an instalment option). We may make this payment method dependent on a positive credit check as well as other requirements determined at our discretion (e.g. minimum age, place of residence). You are not entitled to payment on account or payment by instalments. For the purpose of a credit check, personal data will be recorded and passed on to the company commissioned with the credit check.
We offer you the possibility of paying for the goods and services ordered from us by means of "purchase on account" from POWERPAY. This is a third-party service, whereby the following terms and conditions apply for deliveries to Austria and the following terms and conditions apply for deliveries to United Kingdom. Furthermore, we refer to the existing data protection provisions and the cancellation policy in connection with "POWERPAY purchase on account".
When concluding the order by means of "purchase on account", POWERPAY shall take over the processing of the invoice claim that has arisen and shall handle the corresponding payment modalities. You will receive the individual invoice free of charge by e-mail. With the single invoice, you can simply settle your online purchase by invoice within the specified payment period.
In the event of late payment, Planted is not obliged to respond to new orders or to fulfil outstanding deliveries. Planted reserves the right to charge reminder fees and interest on late payments. All expenses incurred in connection with the collection of overdue receivables will be borne by the customer. In the event of unsuccessful reminders, the invoice amounts may be assigned to a company entrusted with the collection. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees and interest on arrears from the due date.
5. OrderThe presentation of the products in the online shop is not a legally binding application, but a non-binding invitation to the customer to order the product in the online shop.
After submitting the order, you will automatically receive a confirmation of receipt documenting that the order has been received by Planted. You can only add to or cancel the order until it is processed in one of our logistics centres. If an order is supplemented, the original order will be used as the basis for calculation, but possible special offers and discounts will not be taken into account at the time of the supplement.
Planted is free to refuse all or part of an order without giving any reason. In this case, you will be informed and any payments already made will be refunded. Further claims are excluded, in particular no forwarding of non-deliverable products will take place. Temporarily unavailable products cannot be reserved.
6. Conclusion of the contractWhen the contract with you and Planted comes into effect depends on the payment method you have chosen:
In the order process, you will be redirected to the website of the online provider Apple. There you can enter your payment details and confirm the payment instruction to Apple. After you have placed your order in the shop, we will ask Apple to initiate the payment transaction and thereby accept your offer.
When you place your order, you provide your credit card information and the credit card company performs an authorisation check. Once you have verified that you are a legitimate cardholder, the payment transaction will be initiated automatically and your credit card will be charged when you place your order. At the time of the credit card charge, the contract with us is concluded.
During the order process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
Within the framework of the PayPal Plus payment service, we offer you various payment methods as PayPal services. After placing your order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This concludes the contract with us. Other payment methods For other payment methods, the contract is only concluded when the order is processed at Planted's logistics centre. As soon as the order is ready for dispatch, you will receive an order confirmation by e-mail.
7. Delivery7.1 Delivery area
Your delivery address must be in the UK.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself. We do not deliver to packing stations.
7.2 Delivery times
Within the scope of the product description in the online shop, we state the delivery period within which the product can be delivered. It is not possible to specify an exact delivery time within the delivery period. Time deviations as well as the blocking of a specific delivery date are possible, especially on peak days with exceptionally high delivery volumes.
7.3 Delivery costs
The delivery costs depend on the value of the ordered products (minimum order value excl. delivery costs, depots and credits). The delivery costs communicated in the online shop apply. The delivery costs are listed as an additional item in the shopping basket and on the invoice.
8. WarrantyThe buyer's warranty claims are based on the statutory provisions, whereby you are responsible for the proper handling of the food from the transfer of risk:
• Refrigerated food must be unpacked immediately after receipt and stored at a maximum of 2-5° Celsius.
• Frozen products must be handled properly and stored at an uninterrupted temperature of at least -18° Celsius.
Planted may, in consultation with you, provide warranty service by partial or complete replacement with an equivalent product, credit up to a maximum of the retail price at the time of order, or reduction. In the case of a credit note, the amount paid by you for the defective goods will be credited to the customer's account. Planted reserves the right to demand proof of the defect, e.g. by means of a photograph.
9. Transport Damage and Notification of DefectsIf products are delivered with obvious damage to the packaging or contents, you should immediately complain to the service provider (e.g. carrier, post office) and refuse acceptance. Ask the service provider (e.g. forwarding agent, post office) to provide you with a damage confirmation. You must also report any transport damage to Planted immediately. This does not affect any warranty rights against the service provider or Planted.
Furthermore, it is your responsibility to check the ordered products immediately upon receipt for obvious and recognisable defects with regard to their condition and to store them correctly (in particular refrigerated or deep-frozen, see clause 8). In the event of any defects or deviations from the order, you must notify Planted's customer service immediately by e-mail to firstname.lastname@example.org. Your warranty claims are not affected by this; however, in the case of perishable goods, we can only check and process complaints quickly and unbureaucratically if you assert them immediately after discovering the defects.
10. Right of withdrawalIf you have your habitual residence or domicile in a Member State of the European Union and are a consumer within the meaning of the applicable law, you have a statutory right of withdrawal. However, there is an exception for perishable food, which includes most of our products, and we exclude the right of withdrawal for these products. The following cancellation policy sets out the conditions under which the right of cancellation applies and the circumstances under which the right of cancellation is excluded.
*** Cancellation policy ***
(a) You have the right to cancel this contract within fourteen days without giving any reason.
(b) The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the product.
(c) To exercise the right of withdrawal, please send us a clear notification (e.g. a letter or e-mail) of your wish to withdraw from the contract to the following address: Eatplanted Golden Cross House, 8 Duncannon Street, London, WC2N 4JF, UK email@example.com If you make use of this option, we will send you confirmation of receipt of your cancellation immediately (e.g. by e-mail). 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.
(d) If you cancel this contract, we must refund all payments we have received from you, including delivery costs, immediately and at the latest within fourteen days of receiving notification of your cancellation. 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 for this repayment. We reserve the right to refuse a refund until we have received the product(s) in question back or until you have provided proof that you have returned the product(s), whichever is the earlier.
(e) You must return or hand over the product to us (Eatplanted Golden Cross House, 8 Duncannon Street, London, WC2N 4JF, UK) without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the product before the end of the period of fourteen days. You shall bear the regular direct costs for returning the product.
(f) You only have to pay for any loss in value of the product if this loss in value is due to handling that is not necessary for checking the condition, properties and functioning of the product.
(g) Cancellation is excluded for perishable foodstuffs.
*** End of the cancellation policy ***
11. Loyalty programAfter creating a user account, loyalty points can be collected when ordering products. Eatplanted may exclude the earning of points for ordering certain products. The points collected can be used to purchase certain products (rewards). Participation in the loyalty programme is voluntary. Planted reserves the right to make changes to the loyalty program or to terminate the program at any time.
13. Exclusion of liability(a) If you are a consumer, our liability in the event of a slightly negligent breach of duty is limited to the direct damage that is foreseeable and typical for the type of goods. This also applies to slightly negligent breaches of duty by our representatives or vicarious agents.
(b) If you are an entrepreneur, claims for damages are excluded regardless of the type of breach of duty, including tortious acts, unless we have acted with intent or gross negligence. In the event of a breach of essential contractual obligations, however, we shall be liable for any negligence, but only up to the amount of the foreseeable damage. Claims for loss of profit, saved expenses, from claims for damages by third parties as well as for other indirect damages and consequential damages cannot be demanded.
(c) The limitations and exclusions of liability pursuant to Sections 13(a) and 13(b) shall not apply to claims arising from fraudulent conduct on our part, or in the case of liability for guaranteed characteristics, for claims under the Product Liability Act or for damages arising from injury to life, limb or health.
14. Applicable court and place of jurisdiction(a) The above choice of law does not apply if and to the extent that (i) you are a consumer within the meaning of the applicable legal system and (ii) you can compulsorily invoke the application of another law and/or the jurisdiction of another court under the relevant legal system.
(b) For consumer disputes, for example if you are not satisfied with the way we handle your complaints, the European Commission offers an online dispute resolution platform which you can access at the following link: http://ec.europa.eu/consumers/odr/. We inform you that we are neither willing nor obliged to participate in a dispute resolution procedure before a consumer dispute resolution authority. We are also not obliged or willing to participate in a consumer dispute resolution procedure in accordance with the German Consumer Dispute Resolution Act (VSBG).