28844 Weyhe-Dreye Germany
Managing Director: Marc F. Nienstedt, Jens Klenke, Matthias Köhnecke Company
Registration Number: HRB 203063,
Local Register Court: Walsrode
Phone: +49 (0)4203 78599-22
Fax: +49 (0)4203 78599-119
E-Mail: info [at] pepperworldhotshop.de
VAT Registration Number: DE276545020
1.1. We deliver according to the following terms and conditions without exception. These terms apply to all customer orders placed by means of electronic devices (i.e. via the internet), by phone, fax, letter or by use of any other means of telecommunication. General terms and conditions of the customer that are contrary to or deviate from our provisions set forth below shall not apply. Our general terms and conditions set forth below apply exclusively, even in the case that pepperworldhotshop performs delivery without any reservation, despite our knowledge of the customer’s differing or contrary general terms and conditions.
1.2. Customers within the meaning of our terms and conditions are natural persons whose purpose of ordering cannot be attributed to commercial, self-employed or free-lance activities. Entrepreneurs within the meaning of our terms and conditions are natural persons, legal entities or partnerships with legal capacity that exercise commercial, self-employed or free-lance activities. Companies are natural or legal entities or legal persons that order for business, own or freelance purposes. Clients in terms of business are consumers as well as businesses.
2.1. You can inspect our general terms and conditions on our shop website www.pepperworldhotshop.de Furthermore, you can print or save this document by using the common functions of your internet software application (=browser: go to ‚file’ and click on "save as").
2.2. In addition, you can archive your order data by either saving the terms and conditions and save the summarized data on the last page of your order processing by using the common functions of your browser or you can wait for the additional automatic order confirmation email which will be sent to your indicated email-address as soon as you have placed an order with us. This order confirmation email will show you once more all the information regarding your order and our terms and conditions and can easily be printed or saved by means of your email program.
2.3 Your order information is stored with us, but for security reasons, you don’t have direct access to your order data that we store. We do offer customers a password protected direct access („my account“). After completing the registration on our website, you can view your orders that have recently been completed or shipped and also your open orders waiting to be dispatched. There, you can administer and save your address and possibly your bank data and configure and save our newsletter. The customer is responsible to keep the personal access code confidential from unauthorized third parties.
3.1. Your contractual partner is PepperPark GmbH, managing directors Marc Nienstedt, Jens Klenke, Matthias Köhnecke, Gutenbergstr. 3, D-28844 Weyhe-Dreye. Contracts with our internet shop can only be entered in German and English at present.
3.2. You are legally bound to your order of the items that you added to your shopping cart once you have clicked on the “Submit order” button. Once we have received your order, an automated order confirmation will be sent to your e-mail address. This order confirmation does not mean that the order has been accepted, it is only to inform you that we have received your order and can be used for recording purposes. It does not represent our acceptance of your order. The customer –subject to his already established right of withdrawal concerning customer orders – is bound to his order for as long as 5 days. With goods in stock, the time frame is 3 days. We have marked these products in our internet shop in this regard (in stock). In cases of advance payment, please note that the delivery will only be executed when the full amount of the invoice is credited to our account. In case of an advance payment order you can reserve an item for as long as 2 weeks. If your payment is credited to our account after the reservation, a delivery delay might occur.
3.3. By way of derogation from clause 3.2. a purchase contract becomes effective at the moment of submitting your order when choosing the payment method „SOFORT Überweisung/direct payment “, unless the terms and conditions of our internet shop cannot be complied with (i.e. we do not ship to the country of delivery).
3.4. If you don’t receive an automated confirmation email, please, contact us – either it was impossible to deliver (your email-address could be incorrect, the email could not pass your spam filter, your mailbox was full or not working properly) or we didn’t receive your order due to technical reasons.
4. Prices, shipping costs
4.1. The prices displayed on our website at the time of submitting your order apply for delivery. Our prices quoted are exclusive of delivery charges and packaging costs and inclusive of VAT.
4.2. Prices for books and other publishing products of German publishing houses are stipulated by the respective publishers and are subject to price maintenance. Discounts and reductions in price that are not indicated on the invoice can therefore not be granted.
4.3. For deliveries within Germany, the flat rate shipping fee is € 4.50 (exception is made for orders exclusively of seeds, in this case the shipping flat rate is € 2,50; shipping flat rate for Chili plants is € 6,95).
The shipping flat rate for the other EU foreign countries is € 4.50 (exception is made for orders exclusively of seeds, in this case the shipping flat rate is € 2,50; shipping flat rate for Chili plants is € 12,50).
The flat rate shipping fee for deliveries to Liechtenstein, Norway and Switzerland are € 8,90 (Exception is made for Chili plants where the flat rate is € 17,50).
4.4. Shipping costs within Germany on orders over € 50.00, are free, as well are shipping costs for EU foreign countries on orders above €50.00 (Exception is made for orders of Chili plants, the cost for shipping within Germany remains at € 6,95 and for EU foreign countries at € 12,50, as well as for Liechtenstein, Norway and Switzerland at € 17,50).
The free shipping costs for deliveries to Liechtenstein, Norway and Switzerland are not applicable.
For deliveries outside the EU and to the Canary Islands may be subject to customs and import duties by the authorities. These duties have to be paid by the customer. PepperPark GmbH can’t influence these duties and can’t predict the amount. For further details, please contact the customs office of your country.
6.1. We ship to the following countries: Germany, Austria, Belgium, Denmark, Estonia, Finland, France, Greece, Great Britain, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Sweden, Switzerland, Slovakia, Slovenia, Spain, Czech Republic, Hungary and Cyprus. We may choose the carrier to our fair judgement.
6.2. The delivery time for all goods that are immediately available is 1 - 3 business days. Different delivery times will be pointed out, if necessary, on the relevant product pages.
6.3. The delivery time will be extended accordingly should delivery be adversely affected by strikes and lockouts or other circumstances beyond our control, in particular delivery delays caused by force majeure. We shall notify the customer immediately of the start and end of such hindrances.
6.4. For consumers, the risk of accidental loss and of accidental deterioration of purchased goods by mail order, including shipped goods, is passed on from the moment the contractual partner or an authorized receiver receives the goods. Whether goods were shipped insured or uninsured has no effect on this condition. For entrepreneurs, the risk of accidental loss and of accidental deterioration of the shipped goods that are purchased is passed on to the entrepreneur on delivery or with delivery to the carrier or to any other person or facility commissioned to deliver the goods to the entrepreneur.
7.1. Payment can be made by credit card (MasterCard, VISA), advance payment, via PayPal, immediate payment (Sofortüberweisung) (see 7.3.) or via KLARNA Pay after Delivery (see 7.4). With advance payment, you are asked to transfer the requested amount directly on our account; all necessary bank data can be found on the E-mail order confirmation (payee: Pepper Park GmbH).
7.2. You can also pay by PayPal. PayPal payments speed up the shipment by a couple of dys. You can also easily perform the online payment with PayPal while ordering. This service is free for you as a customer. If you select the PayPal payment you will be redirected to the ordering process with an encrypted and safety connection to the payment page of www.paypal.com. Here you will find a transfer form that already contains all relevant payment data.
7.3. You can also pay via immediate transfer (SOFORT Überweisung). Immediate transfer accelerates the goods shipment. With Immediate transfer, you can also comfortably carry the online payment during your order. Our service is free for you as a customer, however, apply to the fees (transaction fee) of your local bank. If you select the payment method Immediate transfer, you will be redirected to the order process on the payment page of www.sofortüberweisung.com. Here you will find a transfer form that already contains our bank account. Moreover, the form will be already filled out with amount, purpose and your name. Basically, every internet user can use immediate transfer as payment method if he has an unlocked online banking account with PIN/TAN procedure. Please note that a few banks don’t support this payment transfer method yet.
7.4. Invoice purchase with Klarna. In cooperation with Klarna we offer you the Pay after Delivery payment options. In case of payment with Klarna you never have to enter your account details and you pay only when you receive the goods. Please note that with this Klarna payment method it is not possible to deliver to a different delivery address than the billing address. We ask for your understanding.
With Klarna Pay the buyer will always receive the goods first and will always have a payment period of 14 days.
For more information and full Terms and Conditions of Klarna Pay after Delivery can be found here:https://cdn.klarna.com/1.0/shared/content/legal/terms/30877/en_de/invoice?fee=0 For pay with Klarna a service fee of EUR 2.80 per order will be charged.
For more information about Klarna visit www.klarna.com
Klarna AB, companies - and corporation number: 556737-0431
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us (PepperPark GmbH, Gutenbergstr. 3, 28844 Weyhe, Germany, email@example.com, Phone number: + 49 4203 785 99 22, Fax number: + 49 4203 785 99 119) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached cancellation model form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) and will reimburse no later than 14 days from the time the reimbursement letter has arrived to us. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
Cancellation model Form
(If you want to withdraw from the contract, please fill out this form and send it back.)
- To PepperPark GmbH, Gutenbergstr. 3 in 28844 Weyhe-Dreye, firstname.lastname@example.org, Fax: +49 4203-78599-119
- I / we (*) hereby give notice that I / we (*) cancel my / our (*) contract of sale of the following goods (*) / for the supply of the following service (*),
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate
Delivered goods shall remain our property until payment has been fully made.
10.1. All goods supplied by us shall be subject to the statutory warranty period of two years, commencing on delivery of the goods.
10.2. In the event of defects subject to statutory warranty, we shall be obliged, within the warranty period, to ensure free supplementary performance, i.e. (at the customer’s choice) to either remedy the defects or provide replacement. The right to choose may be restricted upon the existence of statutory requirements. If we are not prepared to or not able to remedy the defect or to provide a replacement, or if a curing of the defect or the substitute delivery is delayed beyond a reasonable time due to reasons for which we are responsible or if we unsuccessfully try to cure the defect or to complete a substitute delivery, then the customer is entitled to demand a corresponding reduction of the purchase price or to withdraw from the contract. Upon the existence of statutory requirements, you may be entitled to damage claims. Withdrawal and damages instead of complete performance is also excluded if the defect in the value or the suitability of the purchased item or works or is only diminished.
10.3. For service inquiries, please contact our customer service at the aforementioned address.
In other respects, we shall be liable for claims for damages – specifically based on tort, organizational negligence, contractual fault, or any other negligence-based claims arising out of a breach of duty – only where these are based on intent or gross negligence or the damage is due to a breach of material contractual obligations or claims (such obligations, of which fulfillment leads to the proper execution of the contract and to which the contractual partner can rely regularly) or requirements under §§ 1, 4 of the Product Liability Act. The above exclusion from liability in cases of slight negligence shall not apply to damages resulting from injury to life, body or health, or in case of furnishing a quality warranty or fraudulent concealment of a defect within the meaning of § 444 BGB.
In these cases, we shall also be liable for slight negligence. The liability laid down above shall also apply to the employees, staff, legal representatives and vicarious agents.
12. Information to outrageous dispute
The EU commission offers a platform for right set-offs. To consumers it offers the possibility to settle the disputes outside of the court for online orders. You can find the dispute platform here: http://ec.europa.eu/consumers/odr/ Our E-Mail address for dispute rights is: email@example.com
13. Right of retention/right of set-off
13.1 Customers are entitled to set-off only if their counterclaims have been determined with legal effect and are uncontested or are accepted and recognized by us.
13.2. The customer is only authorized to exercise a right of retention, if the counterclaim is based on the same contractual relationship.
Alcoholic beverages and foods containing alcohol are not sold to minors. By submitting an order including alcoholic beverages, you confirm that you are of legal age in your country to purchase products containing alcohol.
Please be advised and be completely aware that although the foods we offer are in fact meant for consumption, they are extremely hot and spicy products, especially the ones on a chili basis that require dilution and even then, should only be consumed in small amounts. It is absolutely essential that you observe the protection, usage and handling guidelines included in the product packaging. Not every human being can tolerate hot and spicy foods. Extremely hot and spicy products are marked and are identifiable by clearly visible warnings labels. You can also get orientation by consulting our heat scale. Please be very careful with hot and spicy products with regard to skin contact. Avoid contact with the eyes and mucous membranes (Do not rub your eyes with your hands!) The misuse of the products can cause serious injuries! Ensure safe and protected storage, so that children, in particular, do not have access to these products.
Unless expressly stated otherwise, the seeds offered in our shop are exclusively intended for growing ornamental plants (and are not meant for consumption). All information concerning substances, nutrient content, plant characteristics and usage stated in our plant variety descriptions are only of an informative character about the traditional and current usage in the respective countries of origin.
In the scope of the statutory applicable provisions, seed germination within the time period indicated on the packets is guaranteed for. Plant growth or yield are subject to climatic and other environmental or ambient conditions and can therefore not be guaranteed for. In many cases the seeds are protected by plant variety rights (PVR) for which reason a commercial reproduction or distribution is not allowed and illegal. The customer agrees to observe these regulations. We only ship seeds within the EU; the products are exclusively meant for non-commercial hobby cultivation and home growing.
17.1. The laws of the Federal Republic of Germany apply for legal business or other legal relations with us. The UN purchasing rights on Contracts for the International Sale of Goods (CISG) and any other inter-nation convention, even after being integrated into the German legal system, shall not apply. For contracts with an objective which cannot be assigned to the customer's professional or commercial activity (contract with consumer), these laws shall only apply in as far as protection provided by mandatory provisions of the law in the country in which the consumer usually resides has not been revoked.
17.2. In business transactions with merchants and legal persons under public law, the place of jurisdiction has been stipulated as our place of business for all legal disputes arising from the contract and valid subcontracts including legal actions on bills or cheques. We are also entitled in this case to sue customers wherever they are based.
17.3. EU regulation ((EU) Nr. 524/2013) - Platform of the EU-Commission for online dispute regulation: www.ec.europa.eu/consumers/odr
Current version dated: 01. February 2017 PepperPark GmbH, Weyhe-Dreye