General Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts between

and the customer (hereinafter "Customer"), concluded via the website talkingplants.de.

(2) These GTC apply both to the purchase of hardware products (sensors, Raspberry Pi bundles, etc.) and to the conclusion of software subscriptions (hereinafter "Subscription") for the use of the Talking Plants platform.

(3) The GTC valid at the time of the order shall apply. Deviating terms of the Customer are not recognized unless the Provider expressly agrees to them in writing.

(4) A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity (§ 13 BGB). An entrepreneur is any natural or legal person or partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).

§ 2 Conclusion of Contract

(1) The presentation of products and subscriptions on the website does not constitute a legally binding offer, but rather a non-binding invitation to the Customer to order goods or services.

(2) By submitting the order, the Customer makes a binding offer to purchase the items in the shopping cart or to conclude the selected subscription.

(3) The Provider confirms receipt of the order by email (order confirmation). This confirmation constitutes acceptance of the contractual offer. The contract is concluded upon receipt of the order confirmation by the Customer.

§ 3 Prices and Payment

(1) All prices are final prices including statutory VAT where applicable. Shipping costs are shown separately and are borne by the Customer unless stated otherwise.

(2) The following payment methods are available:

• Credit card (via Stripe)
• PayPal
• Bank transfer

(3) For payment by bank transfer, the invoice amount must be paid within 7 days of the order date. Goods will be shipped upon receipt of payment.

(4) The Provider reserves the right to change prices for future orders and subscription renewals. The price agreed at the time of purchase applies for current subscription periods. Price changes for subscription renewals will be communicated to the Customer by email at least 4 weeks before they take effect. In this case, the Customer has a special right of termination as of the date the price change takes effect.

§ 4 Subscriptions

(1) The Customer can choose between monthly and annual billing cycles.

(2) The subscription can be cancelled at any time, effective at the end of the current billing period. Cancellation can be made in the user account under "Settings" or by email to [email protected]. After cancellation, access remains until the end of the paid period.

(3) When switching subscription plans, the remaining balance of the current period is credited proportionally to the new plan (proration).

(4) The Provider may further develop and adjust the services within subscription plans, as long as the essential scope of services is maintained.

(5) Billing is processed through Stripe. The Customer authorizes recurring charges to their chosen payment method.

§ 5 Delivery (Hardware)

(1) Delivery is available within Germany only.

(2) The delivery time is usually 5–10 business days, unless otherwise stated on the product page.

(3) If the ordered goods are temporarily unavailable, the Provider will inform the Customer immediately. In the event of a delivery delay of more than 4 weeks, the Customer has the right to withdraw from the contract. Payments already made will be refunded immediately.

(4) For consumers, the risk of accidental loss or deterioration of the goods passes upon delivery to the Customer.

§ 6 Right of Withdrawal

Consumers have a statutory right of withdrawal pursuant to §§ 355 ff. BGB. Details can be found in the Cancellation Policy.

§ 7 Warranty and Liability

(1) Statutory warranty rights apply.

(2) The warranty period for defects in hardware products is 2 years from delivery (§ 438 para. 1 no. 3 BGB).

(3) The Provider's liability for slightly negligent breach of non-essential contractual obligations is excluded. Otherwise, liability for slight negligence is limited to foreseeable, contract-typical damages. This does not apply to damages arising from injury to life, body, or health.

(4) The platform is provided "as is." The Provider does not guarantee uninterrupted availability and is not liable for data loss caused by technical malfunctions, unless the Provider acts intentionally or with gross negligence.

§ 8 Data Protection

The collection and processing of personal data is carried out in accordance with our Privacy Policy and the provisions of the GDPR.

§ 9 Changes to the GTC

(1) The Provider reserves the right to amend these GTC with effect for the future, insofar as this is necessary for objectively justified reasons (e.g., changes in legislation, changes to the business model, new features) and the Customer is not unreasonably disadvantaged.

(2) The Customer will be informed of changes by email at least 4 weeks before they take effect. If the Customer does not object to the amended GTC within 4 weeks of receipt of the notification, the amended GTC shall be deemed accepted. The Provider will specifically inform the Customer in the notification about the significance of the deadline and the consequences of silence.

(3) If the Customer objects, the contract will continue under the previous conditions. In this case, the Provider may terminate the contract with reasonable notice.

§ 10 Minors

(1) The offer is generally aimed at persons of all ages.

(2) Minors require the consent of a legal guardian to conclude contracts (orders, subscriptions), unless the contract falls under the so-called "pocket money paragraph" (§ 110 BGB) and is paid for with means provided to the minor for this purpose or for free disposal.

(3) The Provider reserves the right to request proof of parental consent.

§ 11 Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 12 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the Customer is a consumer, the statutory jurisdiction provisions remain unaffected.

(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.