GTC

Table of Contents
1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Reservation of Title
7. Warranty for Defects
8. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative Dispute Resolution

1. Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Movers & Shakers, trading under "SOIL & GREEN" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller with respect to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC also apply to contracts for the delivery of vouchers, unless otherwise stipulated.
1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible partnership who, when entering into a legal transaction, is acting in the exercise of their commercial or self-employed professional activity.

Conclusion of Contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but are intended to invite the customer to make a binding offer.
2.2 The customer may submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer by e-mail or via the online contact form to the seller.
2.3 The seller may accept the offer of the customer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after the customer has placed his order.
If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller declares his acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.
2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and is transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before submitting a binding order using the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 German and English are available for concluding the contract.
2.8 Order processing and communication usually take place via email and automated order processing. The customer must ensure that the email address provided by him/her for order processing is correct, so that emails sent by the seller can be received at that address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller for order processing can be delivered.

3. Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of the conclusion of the contract are outside the European Union.

4. Delivery and shipping costs
4.1 Unless otherwise stated in the product description of the seller, the prices indicated are total prices that include the statutory value-added tax. If applicable, additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred on a case-by-case basis, which the seller is not responsible for and which the customer must bear. These may include, for example, costs for money transfers by credit institutions (such as transfer fees, exchange rate fees) or import duties or taxes (such as customs duties). Such costs may also be incurred with regard to money transfers if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If advance payment by bank transfer has been agreed, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the payment service "Shopify Payments" is selected, the payment transaction is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use additional payment services to process payments, which may be subject to special payment terms that the customer may be separately informed about. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.

5. Delivery and shipping conditions
5.1 If the seller offers shipping of the goods, the delivery will be made to the delivery address provided by the customer within the delivery area specified by the seller, unless otherwise agreed. The delivery address specified in the seller's order processing is binding for the transaction. However, in case of payment via PayPal, the delivery address stored by the customer at the time of payment with PayPal is binding.
5.2 If the delivery of the goods fails due to reasons that are attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result of this. This does not apply to the costs of the outbound delivery if the customer effectively exercises his right of revocation. The provisions made by the seller in his revocation instructions shall apply to the costs of return shipment if the customer effectively exercises his right of revocation.
5.3 If the customer acts as a businessman, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods basically only passes to the customer or a person authorized to receive the goods upon delivery. However, if the customer has instructed the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment.
5.4 The seller reserves the right to withdraw from the contract in case of non-correct or improper self-supply. This only applies if the non-delivery is not the responsibility of the seller and he has concluded a specific cover transaction with the supplier with due care. The seller will make every reasonable effort to obtain the goods. If the goods are not available or only partially available, the customer will be informed immediately and any consideration paid will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers will be provided to the customer as follows: - by email.

6. Retention of title
If the seller makes an advance payment, he reserves the right to ownership of the delivered goods until full payment of the purchase price owed has been received.

7. Warranty and liability for defects
7.1 Unless otherwise specified in the following provisions, the statutory warranty regulations apply. However, for contracts involving the sale of goods, the following provisions apply instead:
7.2 If the customer is a business,
the seller has the choice of the type of subsequent performance;
the statute of limitations for defects in new goods is one year from delivery of the goods;
rights and claims for defects are excluded for used goods;
the statute of limitations does not start anew if a replacement delivery is made in the context of liability for defects.
7.3 The above liability limitations and limitations of liability periods do not apply

• to claims for damages and reimbursement of expenses by the customer,
• if the seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
• to any obligation of the seller to provide updates for digital products in the context of contracts for the delivery of goods with digital elements.

7.4 Furthermore, for businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer is a merchant as defined in § 1 HGB (German Commercial Code), the customer is subject to the commercial obligation to inspect and report defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods shall be deemed approved.
7.6 If the customer is a consumer, the customer is requested to report obvious transport damage to the carrier and to inform the seller of this. Failure to do so shall not affect the customer's statutory or contractual claims for defects.

8. Redemption of promotional vouchers
8.1 Vouchers that are issued free of charge by the seller as part of advertising campaigns with a certain validity period and cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the online shop of the seller and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
8.7 The credit balance of a promotional voucher will not be paid out in cash or earn interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their legal right of withdrawal.
8.9 The promotional voucher is transferable. The seller can perform with discharging effect on the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity, or lack of power of representation of the respective holder.

9. Redemption of gift vouchers
9.1 Vouchers that can be purchased from the seller through the online shop (hereinafter "gift vouchers") can only be redeemed in the online shop of the seller, unless the voucher states otherwise.
9.2 Gift vouchers and any remaining credit from gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining credit will be credited to the customer until the expiration date.
9.3 Gift vouchers can only be redeemed before the order process is completed. A subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used to purchase goods and not for the purchase of additional gift vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7 The balance of a gift voucher will not be paid out in cash or interest.
9.8 The gift voucher is transferable. The seller can be discharged with effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or lack of authorization of the respective holder.

10. Applicable Law
10.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10.2 Furthermore, this choice of law does not apply with regard to the legal right of withdrawal for consumers who, at the time of concluding the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of concluding the contract.

11. Alternative dispute resolution
11.1 The European Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of entry for out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
11.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.