Terms & Conditions

1. Scope, definitions

(1) The business relationship between Agrilution Systems GmbH, Centa-Hafenbrädl-Str. 61, 81249 Munich, Tel.: 089-23029292, entered in the Commercial Register of Munich District Court under HRB 204515, represented by its managing directors Maximilian Lössl and Philipp Wagner, VAT Identification No.: DE291029680 (hereinafter “agrilution”) and the customer (hereinafter “customer”) shall be governed exclusively by the following General Terms and Conditions in their version valid at the time of the order. Any differing conditions on the part of the customer shall not be recognized unless agrilution expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, a customer is an entrepreneur if he is a natural or legal person or partnership possessing legal personality acting in performance of his commercial or independent professional activity when concluding the contract.

2. Conclusion of contract

(1) The customer can choose from the range of agrilution products, in particular so-called Plantcubes and corresponding accessories (e.g. Seedmats or fertilizers), and add them to the shopping cart. Via the “order with payment” button, he makes a binding request to purchase the goods in the shopping cart, to which he is bound for 7 days in the absence of an alternative provision (acceptance period). The customer can change and view the data at any time before sending the order.

(2) agrilution shall then send the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the “print” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by agrilution and does not constitute acceptance of the request. The contract shall not come into being until agrilution issues the acceptance declaration within the acceptance period, which shall be sent by separate e-mail (order confirmation). In that e-mail or in a separate e-mail, but no later than upon delivery of the product, the text of the contract (consisting of order, GTC and order confirmation) shall be sent to the customer by us on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract shall be stored with data protection compliance.

(3) The contract shall be concluded in German.

3. Delivery, goods availability

(1) Delivery times specified by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no delivery time or no different delivery time is specified for the respective product in our online shop, it is 30 days.

(2) If a binding delivery deadline cannot be met for reasons for which agrilution is not responsible (e.g. due to lack of delivery by upstream suppliers or force majeure), we shall inform the customer of this without delay, designating the new expected delivery time where appropriate. If the new delivery period is not acceptable to the customer or the product is also not available within the new delivery period or at all, both contracting parties shall be entitled to withdraw from the contract with regard to the product concerned; in this case, any payment already made shall be reimbursed by agrilution without delay. The statutory rights of the contracting parties shall remain unaffected thereby.

(3) The following delivery restrictions shall apply: agrilution only delivers to customers who have their habitual residence (billing address) in Germany and can provide a delivery address in Germany.

4. Prices and shipping costs

(1) All prices stated on agrilution’s website are inclusive of the respectively valid statutory VAT.

(2) The corresponding shipping costs shall be indicated to the customer in the order process.

(3) The Plantcubes shall be delivered by agrilution. Unless otherwise agreed, agrilution shall be entitled to determine the type of shipment (in particular transport company, shipping route, packaging) itself.

(4) Goods other than Plantcubes shall be sent by post. The shipping risk shall be borne by agrilution, if the customer is a consumer.

(5) In the event of a cancellation, the customer shall bear the direct costs of the return.

5. Payment arrangements

(1) The customer can make the payment by credit card, immediate transfer or transfer.

(2) The customer can change the payment method stored in his user account at any time.

(3) Payment of the purchase price shall be due as soon as the contract is concluded. If the payment due date is determined according to the calendar, the customer shall be in arrears as soon as the deadline is missed. In this case, he shall have to pay agrilution default interest of 5 percentage points above the base interest rate.

(4) The customer’s obligation to pay default interest shall not exclude the assertion of further damages caused by delay by agrilution.

(5) The customer shall only have offset or retention rights insofar as his claim is legally established or undisputed. In the event of delivery defects, the reciprocal rights of the buyer shall remain unaffected.

6. Material defect warranty

(1) agrilution shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 ff. of the German Civil Code (BGB). With regard to entrepreneurs, the warranty period for items delivered by agrilution shall be 12 months.

(2) There shall only be an additional guarantee for the goods delivered by agrilution if such a guarantee was agreed separately in text form.

7. Liability

(1) agrilution shall be liable for compensation in accordance with the statutory provisions, unless otherwise specified below.

(2) In the event of breaches of duty, on any legal basis whatsoever, agrilution shall be responsible for intent and gross negligence. In the case of ordinary negligence, agrilution shall only be liable:

•for damage resulting from injury to life, body or health and

•for damage resulting from the breach of a material contractual obligation (obligation the fulfilment of which is necessary for the proper performance of the contract and compliance with which is generally expected and may be expected by the contractual partner); however, in this case, liability is limited to compensation for foreseeable, typically occurring damage.

(3) The aforementioned limitations of liability shall also apply to breaches of duty by persons for whose fault we are responsible according to statutory provisions. Claims under the Product Liability Act shall remain unaffected in all cases.

8. Cancellation policy

(1) Upon conclusion of a distance-selling transaction, consumers (cf. Section 1(2)) shall fundamentally have a legal right of cancellation, information on which is provided below by agrilution in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraph (2). Paragraph (2) contains a sample cancellation form.

Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without specifying reasons.

The cancellation period is fourteen days from the date on which you or a third party named by you, which is not a carrier, took possession of the goods.

In order to exercise your right of cancellation, you must inform us (agrilution GmbH, CentaHafenbrädl-Str. 61, 81249 Munich, Tel.: 089-23029292, E-mail widerruf@agrilution.com) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, a fax or an e-mail). You can do this using the attached sample cancellation form, which is not, however, prescribed.

In order to meet the cancellation deadline, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of the cancellation

If you cancel this contract, we must repay to you, without delay, and no later than within fourteen days of the date on which we receive the notification of your cancellation of this contract, all payments which we have received from you, including the delivery costs (except for the additional costs arising from your having chosen a delivery method other than our standard low-priced delivery). For this repayment, we shall use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We shall collect Plantcubes.

You shall bear the direct costs of returning the Plantcube. The costs are estimated at a maximum of around EUR 80.

The following shall apply to all other goods:

We may refuse to make the repayment until we have received the goods back from you or until you have provided proof that you have returned the goods, whichever is the earlier.

You must send back or hand over the goods to us without delay and in any event no later than within fourteen days of the date on which you inform us of the cancellation of this contract. The deadline shall be met if you send off the goods before expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling thereof not needed for examining the nature, characteristics and functionality of the goods.

(2) agrilution provides information about the sample cancellation form according to the statutory regulation as follows:

Sample cancellation form

(If you want to cancel the contract, please complete and return this form.)

To agrilution GmbH, Centa-Hafenbrädl-Str. 61, 81249 Munich, Tel.: 089-23029292, E-mail widerruf@agrilution.com:

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)

Ordered on [●] (*)/received on [●] (*)

Name of the consumer(s): [●]

Address of the consumer(s): [●]

Signature of the consumer(s) (only if sent in paper form)

[●] Date

(*) Delete as appropriate

9. Final provisions

(1) Contracts between agrilution and its customers shall be governed by the law of the Federal Republic of Germany, with the UN Sales Convention being excluded. The statutory provisions regarding the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, shall remain unaffected.

(2) If the customer is a trader, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relations between the customer and agrilution shall be the domicile of agrilution.

(3) Even in the case of legal ineffectiveness of individual points, the contract shall remain binding in its remaining parts. The ineffective points shall be replaced, where present, by the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.


Legal reference to consumer dispute resolution:
Agrilution is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) pursuant to the German Verbraucherstreitbeilegungsgesetz (Act on Alternative Dispute Resolution for Consumer Disputes, VSBG).