cob - conditions of business

1. Acceptance of the General Terms and Conditions of business
Our orders are subject to our General Terms and Conditions. They are valid as soon as the order has been placed.

2. Prices and packaging
All our prices are without engagement, taxes and duties are not included (due to Terms and Conditions pertaining to small businesses), shipping costs are also not included. Packaging costs are included in the shipping costs.
Shipping costs are charged according to the Austrian Post AG or other shipping services such as UPS, DHL. GLS,…. For national or international shipment.
To order articles that are not in stock, you must place a - special order!
Special orders – for articles that are not in stock, see article description – you must pay a 50% deposit of the costs of the product in advance in order for it to be ordered!

3. Order
Your e-mail address must be included in your order!
An order is legally binding once it has been sent to me – Paul Marek – by e-mail. Or when the link: “Send order ” has been clicked in the Online-Shop.

4. Products
Products and prices to alternation. Sizes are approximate therefore variation on the delivered articles are possible. All pictures that we use to present plants, seeds and other products in the online-shop on this website are examples and present the average look of the products and never the individual product itself. The pictures simply serve as a visual illustration. The delivered products can vary from the pictures shown in the online-shop..

5. Passage of risk
The danger of coincidental loss of a package or handling that leads to damage is in our customer’s hands once the goods have been sent.
Incidents that are out of our control and postpone, delay or make it impossible for us to fulfil an order authorize us to postpone shipment or withdraw from our contract if necessary with exclusion of any customer claims.
Incidents that are out of our control are for instance war and exceptional conditions, official decrees, disturbances, road trouble or traffic accidents, loss of goods through no fault of our own, strikes, weather catastrophes, as well as lockouts or breakdowns at our business or at our deliverers’ businesses.

6. Liability, notice of defects and warranty
Our customers must check the goods and immediately let us know if something is wrong. Objection does not allow our customers to refuse to accept the goods. We are not liable for any other kinds of damage. We are not liable for any secondary damage either.
If not otherwise stated in our General Terms and Conditions of business we are only liable for intentional or extreme negligence. Should you, contrary to all expectations, have a reason to complain, you must do so within 12 hours of receipt of the goods, by telephone or e-mail.

7. Dispatch and payment
Dispatch of ordered goods usually takes place within 3-4 working days after orders have been placed cash on delivery (COD) or 3-4 working days after receipt of payment if ordered cash in advance.
Unless otherwise agreed upon, goods are only dispatched if ordered cash in advance or cash on delivery. Orders without a valid e-mail address cannot be processed. If ordered cash in advance, goods cannot be dispatched until three days after receipt of payment. We do, however, dispatch our goods as quickly as possible, as a rule.
If goods and services are not paid for according to our general terms and conditions, we have the right to refuse to dispatch any more goods without having to declare or explain our reasons. Our customers are only entitled to set off against us if it is concerning an indisputable, recognized or legally binding claim that is being set off against.
Dispatch takes place according to valid price list from our firm. Our supplier is not liable.

8. Reservation of Ownership and legal domicile
When placing the order the customer agrees to our delivery and payment conditions. The goods remain in our ownership until all our claims towards our customers resulting from our business connections have been fulfilled.
Place of fulfilment for dispatch is our business address. Contracts completed with us underlie Austrian law and order. The legal domicile for all legal disputes is the court responsible for the firm: Marek Mangroves.

9. Right to Rescind – Cancellation of Shipment– Non-acceptance/Refusal to accept a product
Delivered goods can be returned within 7 working days after receipt with declaration of reasons for cancelling or returning your order. Goods must be returned in original packaging and condition and must be returned free of charge.
We retain the right to inspect the condition of the returned goods. We also have the right to deduct expenses that arise as well as a 20%, off the worth of the product, cancellation fee. Corrupted goods will not be accepted!
If you refuse to accept the goods, without declaring reasons that are of relevance, you must still pay the entire costs of the product including shipping costs (will still be due). If you do not do so the concerned courts shall come after the case will be handed on to the responsible court!

10. Fines and Debt expenses
The party to an contract, (the customer) is obliged by law to replace all fines and debt expenses that arise due to a delay for the creditor, so far as they are necessary for prosecution, whereby he specifically binds himself to at the most reimburse the brought in debt-collecting agency, which results from the BMwA decree which results in the highest reimbursements for debt collecting agencies that can be due.
If the creditor does the fining him/herself, the debtor is obliged to pay a sum of 3,20 Euros for the second reminder and 4,90 Euros after the second reminder for every additional reminder, whereby these must be sent at an interval of at least 7 days; as well as a sum of 3,63 Euros every six months for keeping tract of the debt circumstances.

11. Legally ineffective
These General Terms and Conditions remain legally binding, even if parts should be ineffective.

12. Copyright and Data Protection
Many of our internet pages contain photographs. Paul Marek owns the copyright of all the photographs, pictures and intellectual property (written texts). The brand names of various products are under the copyright of the manufacturers!
Usage of written texts on the homepage by third parties is permitted. If you are intersted in using pictures or texts contact the owner of this homepage.
The owner retains the right to prohibit usage of photographs or written texts. Violation will be pursued by criminal and civil courts by law!
The customer agrees that his or her data may be collected in order to handle the order and also agrees that his or her data will in future be used to inform the customer about new products via e-mail.