Terms and Conditions

1. Scope of Application

The following terms and conditions apply to all orders placed with Vivero Mandala, whether through our online shop or by other means, by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a legally responsible partnership who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

These terms and conditions also apply to future business relationships with entrepreneurs without the need for us to expressly refer to them. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. Contractual Partner, Conclusion of Contract

The purchase contract is concluded with Vivero Mandala.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the ordering process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after sending the order, you will receive another confirmation by email.

3. Language of Contract, Storage of Contract Text

The language available for concluding the contract is German.

We do not store the contract text.

4. Delivery Conditions

In addition to the specified product prices, shipping or delivery costs are added. You can find out more about the amount of shipping or delivery costs in the offers.

Collection by the customer is also possible.

5. Payment

In our shop, the following payment methods are generally available:

Advance payment If you choose the payment method advance payment, we will give you our bank details in a separate email and deliver the goods after receipt of payment.

Credit card By placing the order, you also provide us with your credit card details. After your legitimacy as the rightful cardholder, we will request your credit card company to initiate the payment transaction immediately after the order is placed. The payment transaction is carried out automatically by the credit card company and your card is charged.

6. Retention of Title

The goods remain our property until full payment is made. For entrepreneurs, the following applies additionally: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any connection or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

7. Return of Plant Orders

When ordering plants, the customer undertakes to accept the entire order according to the selection made by the customer.

If the customer refuses to accept the complete order, Vivero Mandala reserves the right to retain the deposit made to cover the incurred costs.

Vivero Mandala also reserves the right to take appropriate steps to sell the plants not accepted elsewhere.

8. Transport Damage

For consumers: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and please contact us immediately. The failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Warranty and Guarantees

Plants are a living product, so their lifespan depends on their care. Therefore, Vivero Mandala cannot guarantee the lifespan.

A cultivation pot is intended to create a living environment in the nursery. In the long run, it will be too small. The cultivation pot is intended to protect the root clump and hold it together until it reaches the end consumer. This works even if there is a crack in the cultivation pot. Therefore, a cultivation pot is excluded from the warranty. These thin plastic pots may be broken during or before transport. We always advise repotting a plant into a decorative pot or into the ground, which makes the cultivation pot unnecessary.

Also, the size information contained in the product catalog for the plants offered by us is merely the approximate size of the plants we offer, and these may vary in size upon receipt.

10. Liability

We only accept liability for claims for damages caused by us, our legal representatives, or vicarious agents if they are demonstrably intentional or grossly negligent.

11. Complaints

In the event of damage or dissatisfaction with the product ordered by you, please contact us by email and send us a photo as an attachment within 7 days of receipt of the products. This photo should provide a clear picture of the problem.

12. Final Provisions

The UN Sales Convention applies. The place of jurisdiction is the registered office of Vivero Mandala.