General terms and conditions

Terms & conditions and customer information

I. Terms & conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (PHYTOEFFEKT UG (haftungsbeschränkt)) via the website www.phytoeffekt.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you will be objected to.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§ 2 Finalisation of the contract

(1) The object of the contract is the sale of goods.

(2) Already with the posting of the respective product on our website, we submit a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar you can call up the "shopping cart" and make changes there at any time.

After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.B. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be led to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, select or enter your data accordingly. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online shop, the order data will be displayed as an order overview.

Before sending the order, you have the option of checking the information in the order overview again, changing it (also via the "back" function of the Internet browser) or cancelling the order.

By submitting the order via the corresponding button ("buy" or similar designation), you declare the acceptance of the offer in a legally binding way, whereby the contract is concluded.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that spam filters do not prevent it.

§ 3 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 4 Warranty

(1) The statutory warranty rights exist.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the freight forwarder of any complaints as soon as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

§ 5 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as this does not deprive the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).

(2) The place of performance for all services arising from the existing business relationships with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if the domicile or habitual residence is not known at the time the action is brought. The right to appeal to the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Sales Law expressly do not apply.

II. Customer Information

1. Identity of the Seller

PHYTOEFFEKT UG (haftungsbeschränkt) Ostermoorweg 73, 25474 Bönningstedt, Germany

Phone +494033987343

E-Mail: info@phytoeffekt.com

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed under https://ec.europa.eu/odr.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is german.

3.2. The complete text of the contract will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved via the print function of the browser. After receipt of the order by us, the order data, the legally prescribed information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

4. Codes of conduct 4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and terms of payment

6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free shipping has been promised.

6.3. Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.

6.4. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.

6.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6.6. Our company offers, among other things, the payment methods "purchase on account". These are payment methods in which there is a risk of payment default. Our company checks the creditworthiness of the customer for orders where there is a risk of payment default and we have a legitimate interest in protecting ourselves from payment defaults. See https://www.phytoeffekt.com/datenschutz

The customer can revoke his consent to our company at any time. A revocation does not affect the lawfulness of the processing already granted on the basis of the consent until the revocation. PhytoEffekt UG (haftungsbeschränkt), Ostermoorweg 73, D-25474 Bönningstedt, Telephone number: +49 (0) 160 55 100 93, E-Mail address: info@phytoeffekt.com

The invoice amount must be transferred to the account specified there after receipt of the invoice containing all the information for the transfer. The customer is obliged to pay or transfer the stated amount to the account specified on the invoice within 14 days of receipt of the invoice. Payment is due without deduction from the invoice date. In the event that the invoice amount to be paid is not credited to our account on time, you will automatically be in default. In the event that the invoice amount to be paid is not credited to our account on time, you will automatically be in default. Even without a further reminder, you are then obliged to pay the statutory default interest in the amount of 5 percentage points for private individuals or 9 percentage points for companies above the respective base interest rate announced by the European Central Bank. They are also obliged to pay for further damage caused by default, in particular further collection costs. The costs of the entire further procedure shall be borne by you in accordance with the statutory provisions of § 288 BGB (German Civil Code). After expiry of the payment period, which is thus determined by calendar, the customer is in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. Offsetting with claims of the customer is excluded, unless these are undisputed or legally established.

In the event of a delay in payment, we will transmit the necessary data to a company commissioned with the assertion of the claim diagonal service gmbh, Bremer Straße 11, 21244 Buchholz in der Nordheide, if the other legal requirements are met. The legal bases for this are both Article 6 (1) (b) and Article 6 (1) (f) GDPR. The assertion of a contractual claim is to be regarded as a legitimate interest within the meaning of the second provision.

We and/or Diagonal Inkasso GmbH also transmit information about the delay in payment or any loss of receivables to credit agencies cooperating with us if the other legal requirements are met. The legal basis for this is Article 6 (1) (f) GDPR. The legitimate interest required by this arises from our interest as well as the interest of third parties in reducing contractual risks for future contracts."

7. Terms of delivery

7.1. The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during dispatch shall only pass to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

8. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

9. 9. Hosting und Content Delivery Networks (CDN)

External hostingParts of this website are hosted by an external service provider (hoster). The personal data collected on this website is stored on the hoster's servers. These may include IP addresses, contact requests, meta and communication data, contract data, contact data, names, website accesses and other data generated via a website.
The hoster is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit.b GDPR) and in the interest of a secure, fast and efficient provision of our online offer by a professional provider (Art. 6 para. 1 lit. f GDPR).
Our hoster will only process your data to the extent necessary to fulfil its performance obligations and follow our instructions in relation to this data.
 
We use the following hoster:
Builderall Europe BVSchouwen 338302 PG, EmmeloordNiederlande
 
Conclusion of a contract for order processingTo ensure data protection-compliant processing, we have concluded a contract for order processing with our hoster.
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10. Analysis tools and advertising
 
Google AnalyticsThis website uses functions of the web analysis service Google Analytics. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Analytics enables the website operator to analyse the behaviour of website visitors. Here, the website operator receives various usage data, such as page views, length of stay, operating systems used and origin of the user. This data may be summarized by Google in a profile that is assigned to the respective user or his device.
Google Analytics uses technologies that enable the recognition of the user for the purpose of analyzing user behavior (e.B. cookies or device fingerprinting). The information collected by Google about the use of this website is usually transmitted to a Google server in the USA and stored there.
The use of this analysis tool is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in analysing user behaviour in order to optimise both its website and its advertising. If a corresponding consent has been requested (e.B. consent to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the consent can be revoked at any time.
The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.
 
IP anonymization We have activated the IP anonymization function on this website. As a result, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before transmission to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
 
Browser pluginYou can prevent the collection and processing of your data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
More information on the handling of user data by Google Analytics can be found in Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.
 
Order processing We have concluded a contract with Google for order processing and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
 
Demographic characteristics in Google Analytics This website uses the "demographic characteristics" function of Google Analytics to be able to display suitable advertisements to website visitors within the Google advertising network. This allows reports to be created that contain statements about the age, gender and interests of the site visitors. This data comes from interest-based advertising from Google as well as from visitor data from third-party providers. This data cannot be assigned to a specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics as described in the section "Objection to data collection".
 
Storage period Data stored by Google at user and event level, which are linked to cookies, user IDs (e.B. User ID) or advertising IDs (e.B. DoubleClick cookies, Android advertising ID), will be anonymized or deleted after 14 months. Details can be found under the following link: https://support.google.com/analytics/answer/7667196?hl=de
 
Google AdsThe website operator uses Google Ads. Google Ads is an online advertising program of Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Ads enables us to display advertisements in the Google search engine or on third-party websites when the user enters certain search terms on Google (keyword targeting). Furthermore, targeted advertisements can be displayed on the basis of Google's existing user data (e.B. location data and interests) (target group targeting). As a website operator, we can evaluate this data quantitatively, for example by analyzing which search terms have led to the display of our advertisements and how many ads have led to corresponding clicks.
Google Ads is used on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in marketing its products as effectively as possible.
The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.
 
Google RemarketingThis website uses the functions of Google Analytics Remarketing. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Remarketing analyzes your user behavior on our website (e.B click on certain products) in order to classify you in certain advertising target groups and then play you suitable web messages when you visit other online offers (remarketing or retargeting).
Furthermore, the advertising target groups created with Google Remarketing can be linked to Google's cross-device functions. In this way, interest-based, personalized advertising messages that have been adapted to you depending on your previous usage and surfing behavior on one device (e.B. mobile phone) can also be displayed on another of your devices (e.B. tablet or PC).
If you have a Google account, you can object to personalized advertising under the following link: https://www.google.com/settings/ads/onweb/.
The use of Google Remarketing is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in marketing its products as effectively as possible. If a corresponding consent has been requested, the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the consent can be revoked at any time.
Further information and the data protection provisions can be found in Google's privacy policy at: https://policies.google.com/technologies/ads?hl=de.
 
Target group formation with customer matching For target group formation, we use, among other things, the customer comparison of Google Remarketing. In doing so, we transfer certain customer data (e.B. e-mail addresses) from our customer lists to Google. If the customers concerned are Google users and logged in to their Google account, they will be shown suitable advertising messages within the Google network (e.B. on YouTube, Gmail or in the search engine).
 
Google Conversion TrackingThis website uses Google Conversion Tracking. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.
With the help of Google conversion tracking, Google and we can recognize whether the user has performed certain actions. For example, we can evaluate which buttons on our website were clicked on how often and which products were viewed or purchased particularly frequently. This information is used to create conversion statistics. We learn the total number of users who clicked on our ads and what actions they took. We do not receive any information with which we can personally identify the user. Google itself uses cookies or comparable recognition technologies for identification.
The use of Google Conversion Tracking is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in analysing user behaviour in order to optimise both its website and its advertising. If a corresponding consent has been requested (e.B. consent to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the consent can be revoked at any time.
More information about Google Conversion Tracking can be found in Google's privacy policy: https://policies.google.com/privacy?hl=de.
 
 
Facebook Pixel This website uses Facebook's visitor action pixels to measure conversion. The provider of this service is Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. However, according to Facebook, the data collected will also be transferred to the USA and other third countries.
In this way, the behavior of site visitors can be tracked after they have been redirected to the provider's website by clicking on a Facebook advertisement. As a result, the effectiveness of Facebook ads can be evaluated for statistical and market research purposes and future advertising measures can be optimized.
The data collected is anonymous for us as the operator of this website, we cannot draw any conclusions about the identity of the users. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes, in accordance with the Facebook Data Use Policy. This allows Facebook to enable the placement of advertisements on Facebook pages as well as outside of Facebook. This use of the data cannot be influenced by us as the site operator.
The use of Facebook pixels is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in effective advertising measures, including social media. If a corresponding consent has been requested (e.B. consent to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the consent can be revoked at any time.
The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum and https://de-de.facebook.com/help/566994660333381.
In Facebook's privacy policy you will find further information on the protection of your privacy: https://de-de.facebook.com/about/privacy/.
You can also disable the Custom Audiences remarketing feature in the Ads Settings section of https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. To do this, you must be logged in to Facebook.
If you do not have a Facebook account, you can deactivate usage-based advertising from Facebook on the website of the European Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/de/praferenzmanagement/.
 
 
11. Newsletter
 
Newsletter­daten
Wenn Sie den auf der Website angebotenen Newsletter beziehen möchten, benötigen wir von Ihnen eine E-Mail-Adresse sowie Informationen, welche uns die Überprüfung gestatten, dass Sie der Inhaber der angegebenen E-Mail-Adresse sind und mit dem Empfang des Newsletters einverstanden sind. Weitere Daten werden nicht bzw. nur auf freiwilliger Basis erhoben. Diese Daten verwenden wir ausschließlich für den Versand der angeforderten Informationen und geben diese nicht an Dritte weiter.
Die Verarbeitung der in das Newsletteranmeldeformular eingegebenen Daten erfolgt ausschließlich auf Grundlage Ihrer Einwilligung (Art. 6 Abs. 1 lit. a DSGVO). Die erteilte Einwilligung zur Speicherung der Daten, der E-Mail-Adresse sowie deren Nutzung zum Versand des Newsletters können Sie jederzeit widerrufen, etwa über den „Austragen“-Link im Newsletter. Die Rechtmäßigkeit der bereits erfolgten Datenverarbeitungsvorgänge bleibt vom Widerruf unberührt.
The data you have stored with us for the purpose of receiving the newsletter will be stored by us or the newsletter service provider until you.dem unsubscribe from the newsletter and will be deleted from the newsletter distribution list after unsubscribing from the newsletter or after the purpose has been completed. We reserve the right to delete or block e-mail addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR.
After you unsubscribe from the newsletter distribution list, your e-mail address may be stored in a blacklist by us or .dem newsletter service provider in order to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.
 
12. Plugins and Tools
 
YouTube with extended data protectionThis website integrates videos from YouTube. The operator of the pages is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.
We use YouTube in enhanced privacy mode. According to YouTube, this mode means that YouTube does not store any information about visitors to this website before they watch the video. However, the transfer of data to YouTube partners is not necessarily excluded by the extended data protection mode. This is how YouTube connects to the Google DoubleClick network, regardless of whether you're watching a video.
As soon as you start a YouTube video on this website, a connection to YouTube's servers is established. The YouTube server is informed which of our pages you have visited. If you are logged in to your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.
Furthermore, youTube can store various cookies on your device after starting a video or use comparable recognition technologies (e.B. device fingerprinting). In this way, YouTube can obtain information about visitors to this website. This information is used, among other things, to collect video statistics, improve the user experience and prevent fraud attempts.
If necessary, further data processing operations may be triggered after the start of a YouTube video, over which we have no influence.
The use of YouTube is in the interest of an appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. If a corresponding consent has been requested, the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the consent can be revoked at any time.
Further information about data protection at YouTube can be found in their privacy policy at: https://policies.google.com/privacy?hl=de.
 

letzte Aktualisierung: 29.08.2021