General trading conditions
 

1. General
Following general trading conditions apply to all supplies. We contradict deviating regulations of the contracting party hereby expressly. All special agreements require the written acknowledgement on our part.
The KAKTEENGAERTNEREI ALBERT PLAPP is at any time justified to modify or complete these general trading conditions including all possible appendices  with an appropriate term of notice. Beforehand orders are processed after the then still valid old general trading conditions.

2. Offer
Our offers are without obligation, supplies take place as long as the ordered plants are on stock. Deviations concerning our photos or descriptions are possible. The respective catalog looses its validity with the appearance of a new edition.

3. Supply and payment
The terms of payment and supply of the KAKTEENAERTNEREI ALBERT PLAPP are more near proven in the purchase order form.
Minimum order quantity 50,00 EURO. Small quantity surcharge 5,00€.
Forwarding expenses are calculated to first cost depending on weight.
 
All our prices contain the legal value-added tax at a value of at present 7 or 19%.
Packing is free.

Phytosanitary certificates:
Within the EU these documents are not necessary:

This includes the following countries only: Belgium, Bulgaria, Croatia, Cyprus, Denmark, Germany, Estonia, Finland, France (including Monaco), Greece, Hungary, Ireland, Italy, Lithuania, Latvia, Luxemburg, Malta, The Netherlands, Austria, Poland, Portugal (incl. Madeira and Acores), Romania, Slovenia, Slovakia, Spain, Czech republic, United Kingdom, Sweden, Finland.
All CITES plants can also be shipped without CITES papers to these countries.

For all other countries Pytosanitary certification is necessary including Cyprus (Turky part), Canary Islands,  Far Oer Island, Gibraltar and Channel Islands, Andorra and San Marino (costs 20.00 EURO ).
All shipments without Phytosanitary certificate will be shipped totally on the customers risk. In no way Albert Plapp is responsable for non-arrival or custom confiscation. We will not refund or re-send plants and we also will not accept return parcels sent back from customs from your country !!

CITES appendix I plants are dispatched only within the EU.
We reserve us the right to make a partial delivery if this appears favourable for a brisk handling. By our customers desired special dispatching forms are calculated with local addition.
Dispatch on account only within the FRG for already registered costumers.
With payment in advance please wait for our invoice!

4. Delivery times
Available plants usually come to dispatch within 1-3 weeks.

5. Right of return
We guarantee a right of return for plants defined wrongly by us within 7 days. The return period is protected by dispatching within the prescribed period (date of invoice). The return is assumed by us only if it is correctly packed and franked sufficiently.
A general right of return is impossible, since our plants are living goods and thus to be classified as easily perishable and besides extremely difficult to be packed.

6. Passage of the risk
The risk turns on the buyer (outside the EU) with sending off the plants by the KAKTEENGAERTNEREI ALBERT PLAPP or an authorized representative.
Buyers from North and Central and South America, Russia, China and other Asian countries order on their own risk (import licensing, customs regulations, etc.).
We do not take any responsibility for shipment.
If you do not agree, please do not make your order to us.


 

7. Guarantee
The  KAKTEENGAERTNEREI ALBERT PLAPP ensures, that the sold products have the contractually assured characteristics at that point in time of the passage of the risk.
With arrival the costumer has to examine the plants immediately on defects and condition. In the case of open defects these must be announced immediately after discovery in writing of phoning to us. Otherwise the guarantee for these defects is omitted. The guarantee expires if the costumer changes the supplied products.
The KAKTEENGAERTNEREI ALBERT PLAPP  has the right to reduce the price during the warranty. An exchange of the product is permissible.
If defects are not removed within appropriate period, the buyer has demand on transformation or reduction. It applies to § 476a BGB.

8. Retention of title
Up to the complete payment the commodity remains property of the KAKTEENGAERTNEREI ALBERT PLAPP.

9. Data storage
In accordance with § 28 of the Federal Law for Data Protection (BDSG) we make attentive to the fact that the data which are necessary for the transaction are processed and stored by means of an EDP system in accordance with §33 (BDSG). Personal data are naturally confidentially treated and not given in any form to a third..

10. Place of fulfillment ( B2B)
Place of fulfillment for both parts is the seat of the KAKTEENGAERTNEREI ALBERT PLAPP. It applies exclusively the right of the Federal Republic of Germany (B2B only).

KAKTEENGÄRTNEREI ALBERT PLAPP
Drosselweg 5, D-84178 Jesendorf
Telefon 08744 - 8366    Fax 08744 - 8656
www.kakteen-plapp.de
ferobergia@aol.com

German-Tax Nr. 132/258/70300

EU-ID Nr. DE 198 607 769

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