General terms and conditions
Purchasing Merchandise and Purchasing Digital Content
- These General Terms and Conditions (hereinafter “GTC”) of Kiritrees International AG, Bürgenstockstrasse 5, 6363 Fürigen, Switzerland, vdd Board of Directors Mr. Heiner Ritz, (hereinafter “Seller”), apply to all contracts for a commercial transaction and the delivery of non-physical Data on data carriers that are produced and made available in digital form (digital content), which a consumer (hereinafter “customer”) concludes with the seller via her online shop or in other ways with her.
- The offers advertised on the seller’s website are non-binding. There is no entitlement to their implementation. The seller reserves the right to change or supplement the offer at any time or to offer it under changed conditions.
- A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
- Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
- The content published in the seller’s online shop does not constitute a binding offer, but serves to enable the customer to submit a binding offer.
- The customer can use the online order form integrated in the seller’s online shop to submit an offer to conclude a contract. After placing the selected content in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the content contained in the shopping cart by clicking the button that concludes the ordering process.
- The seller can accept the customer’s offer within five days
– by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive in this respect, or –
by leaves the ordered content to the customer, whereby access by the customer is decisive in this respect, or
– by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
- The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.
- When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. 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 called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
- Before submitting the binding order via the online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window prior to the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
- Only the German language is available for the conclusion of the contract.
- The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent to the seller or by third parties commissioned to process the order can be delivered.
3. Right of withdrawal for consumers
In principle, consumers are entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller’s instructions on withdrawal.
right of withdrawal
Cancellation policy & cancellation form
Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:
A. Cancellation policy
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving a reason.
The cancellation period is fourteen days from the day the contract was concluded.
In order to exercise your right of withdrawal, you must inform us (Kiritrees International AG , Bürgenstockstrasse 5, 6363 Fürigen, Switzerland, e-mail: info@Kiritrees International AG.ag) by means of a clear statement (e.g. a letter sent by post or e-mail with a request for a reply) about your decision, to revoke this contract.
You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
If you have requested that the Services (applicable exclusively to Services) should begin during the cancellation period, you must pay us a reasonable amount, which is proportionate to the time at which you informed us of the exercise of the right of cancellation in relation to this contract teach, corresponds to the services already provided compared to the total scope of the services provided for in the contract.
Note on the premature expiry of the right of withdrawal:
In the case of contracts for the provision of services, the seller only performs the service after the cancellation period has expired. If the user wishes to make use of the right before the cancellation period has expired, he must expressly give his consent and at the same time confirm his knowledge that he will lose his right of cancellation if the contract has been completely fulfilled by the entrepreneur.
According to § 356 BGB, the right of withdrawal expires in a contract for the provision of services if the entrepreneur has completely provided the service and has only started to perform the service after the consumer has given his express consent and at the same time has confirmed his knowledge of it, that he loses his right of withdrawal if the contract has been completely fulfilled by the entrepreneur.
B. Withdrawal Form
(If you want to revoke the contract, please fill out this form and send it back.)
Kiritrees International AG, Bürgenstockstrasse 5, 6363 Fürigen, Switzerland
I/we (*) hereby revoke 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 consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notification is on paper)
(*) Delete where not applicable
4. Prices and terms of payment; subscription
- The prices given by the seller are total prices and include the statutory sales tax.
- Various payment options are available to the customer, which are named in the seller’s online shop. (the seller uses the “SSL” transmission method to encrypt your personal data)
- The customer has the option of acquiring the digital content by way of an individual purchase for a one-off payment. The purchase price is due immediately upon ordering.
- Alternatively, the customer has the option of taking out a subscription for the provision of digital content against recurring payment of a monthly fee. Subscriptions are limited for the contract period shown in the respective product description in the seller’s online shop and end automatically after the end of the contract period. The fee for the first month of the subscription is due for payment immediately with the order, the following fees are each due for payment one month later. If the customer is in arrears with the payment of a monthly fee, access to the digital content will be blocked for him until he has made the outstanding payment to the seller.
- The right to extraordinary termination of the subscription for important reasons remains unaffected. An important reason exists if the terminating party, taking into account all the circumstances of the individual case and weighing the interests of both parties, cannot be expected to continue the contractual relationship until the agreed termination.
- Cancellations must be made in writing or in text form (e.g. by e-mail with a request for a reply).
5. Rights of Use; surrender of the content; Technical requirements
- The digital content offered by the seller is protected by copyright.
- Unless otherwise stated in the description of the content in the seller’s online shop, the seller grants the customer the non-transferrable, non-exclusive right to use the content provided to third parties. The retrieved content may only be used by the customer for their own use. Any commercial use, in particular selling, renting, leasing or lending, both in printed form and in file form, is not permitted. The creation of copies for third parties outside the scope of these GTC is not permitted.
- The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The seller can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.
- The content is provided exclusively in electronic form by e-mail or by download from the seller’s website.
- The customer has to create the technical requirements to be able to access the digital content. The seller bears no responsibility for this.
6. Availability of Digital Content
The seller ensures that all digital platforms used in the context of the provision of services are technically secure and run stably. However, the seller is not responsible for certain constellations (e.g. missing internet connection at the customer, temporary unavailability of the platforms due to maintenance work by the hosting company, internet disruptions in general).
The statutory liability for defects applies.
8. Other Liability
- All content offered by the seller is subjected to a state-of-the-art virus check. The seller assumes no liability for damage and impairments caused by computer viruses, unless she, her legal representatives or vicarious agents acted at least with gross negligence.
- The seller is not liable for impairments in the possibility of using the digital content due to technical problems that are the responsibility of the customer.
- The seller is not liable for non-receipt of the digital content due to the use of spam filters, anti-virus programs, insufficient storage and reception capacity, lack of data transmission capacity, unsuitable setting of the e-mail inbox or defective automatic forwarding of the sent content within the customer’s sphere of influence. The seller is also not liable for the illegibility of the digital content in the absence of the appropriate software. Likewise, the seller is not liable for any disruptions on the Internet, with providers, online services or for other disruptions in the immediate IT system of the customer.
- The seller assumes no liability for any success intended by the customer upon conclusion of the contract.
- The seller is liable for intentional and grossly negligent breaches of duty. The seller is only liable for slightly negligent breaches of duty if these relate to essential contractual obligations or damage resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by vicarious agents of the seller. The slightly negligent breach of contractual obligations is limited to the foreseeable and contract-typical damage.
- The seller is only liable for intent and gross negligence. It is not liable for damage due to force majeure. The general risks of buying a tree have been explained and can be accessed from the trading partner KIRITREES Plantage Spkh / LLC in the form of summarized tree information. The trees are insured against fire, flood and wind damage. Liability beyond the obligations set out in the tree purchase form is excluded, in particular force majeure, war and geopolitical changes in current national and international trade legislation.
Data protection has a high priority for the seller. All processing of personal data in the context of the initiation, implementation and processing of contracts is based on the applicable legal provisions, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG-new). Further information on the processing of personal data by the seller can be found in its data protection declaration.
10. Governing Law; place of jurisdiction
- Swiss law applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods (UN Sales Convention). For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
- If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the territory of the EU, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the EU, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the seller is always entitled to appeal to the court at the customer’s registered office.
11. Alternative Dispute Resolution
- The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts which a consumer is involved.
- The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Version of the General Terms and Conditions: 01/01/2023