I. General Terms and Conditions
§ 1 Basic Provisions
§ 2 Formation of the contract
§ 3 Special agreements regarding offered payment methods
§ 5 Right of retention, reservation of title
§ 6 Warranty
§7 Redemption of vouchers
§ 8 Choice of law, place of performance, place of jurisdiction
§ 9 Youth Protection
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Quinta dos Passaros Sociedade Agr. LDA) via the website https://orangenfarm.com. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.
(2) For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we are submitting a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar wording) and entering your personal data as well as the payment and shipping conditions, you will be shown the order details as an order summary. If you use an instant payment system (e.g., PayPal, Express/Plus/Checkout, G Pay, shop Pay, Amazon Pay) as your payment method, you will either be taken to the order summary page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selections or enter your data there. Finally, your order details will be displayed as an order summary on the instant payment system provider's website or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to review the information in the order summary, change it (also via the "back" function of your internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy", "order subject to payment", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
(4) Your requests for a quotation are non-binding. We will then submit a quotation to you in written form (e.g. by email), which you can accept within 5 days.(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates applicable laws. You expressly indemnify us against all claims asserted by third parties in this context. This also includes the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for accuracy and therefore accept no liability for errors.
§ 4 Special agreements regarding offered payment methods (1) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout," payment processing is handled by the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods available via "PayPal" are displayed to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services for payment processing; if special payment terms apply, you will be notified separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .
(2) Payment via "Mollie"
When selecting a payment method offered via "Mollie", payment processing is handled by the payment service provider Mollie BV (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").
The various payment methods available through "Mollie" are displayed under a correspondingly labeled button on our website and during the online ordering process. "Mollie" may use other payment services for payment processing; if special payment terms apply, you will be notified separately. Further information about "Mollie" can be found at https://www.mollie.com/de (https://www.mollie.com/de).
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it before we submitted the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) Portuguese law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
(2) The place of performance for all services arising from our business relationship and the place of jurisdiction is our registered office, unless you are a consumer, but rather a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Portugal or the EU, or if your domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at another legally established place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
§ 8 Youth Protection
(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Any existing age restrictions are indicated in the respective product description.
(2) By submitting your order, you confirm that you have reached the legally required minimum age and that your name and address details are correct. You are obliged to ensure that only you or persons authorized by you to accept the delivery, who have reached the legally required minimum age, receive the goods.
(3) Insofar as we are obliged to carry out an age check due to legal provisions, we shall instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to have the identity card of the person receiving the goods shown for age verification.
(4) If, in the respective product description, we specify that you must be 18 years of age or older to purchase the goods, in addition to the legally required minimum age, paragraphs 1-3 above shall apply, with the proviso that the legally required minimum age is replaced by the age of majority.
§9 Redemption of vouchers
a) Vouchers issued free of charge by the seller with a specific validity period, and which may or may not be purchased by the customer, can only be redeemed in the seller's online shop and only within the specified period.
b) Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated in the content of the promotional voucher.
c) Vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
d) Only one voucher can be redeemed per order.
e) The value of the goods must be at least equal to the value of the voucher. Any remaining balance will not be refunded by the seller.
f) If the value of the voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
g) The balance of a voucher will neither be paid out in cash nor accrue interest.
h) The voucher will not be refunded if the customer returns the goods paid for in whole or in part with the voucher within the scope of his statutory right of withdrawal.
j) The voucher is transferable. The seller may fulfill their obligation by providing the service to the respective holder who redeems the voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.
II. Customer Information
1. Seller's identity:
Quinta dos Passaros Sociedade Agr. LDA Sitio das cabecas 165T 8300-020 Silves Portugal Telephone: 00351 282 443 359 Email: info@orangenfarm.de
We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on how the contract came about
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the correction options are governed by the provisions of "Formation of the Contract" in our General Terms and Conditions (Part I).
- Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print or save the contract details electronically using your browser's print function. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For requests for quotations outside the online shopping cart system, you will receive all contract details in the form of a binding offer in text form, e.g. by e-mail, which you can print or save electronically.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf (https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer in the item description.
6. Prices and payment terms
6.1. The prices listed in the respective offers, as well as the shipping costs, are total prices. They include all price components, including applicable VAT/value-added tax according to your country of delivery.
6.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition to the purchase price.
6.3. The payment methods available to you are shown under a correspondingly labeled "Shipping Conditions" button on our website or in the respective offer.
6.3. You are responsible for any costs incurred in transferring the money (transfer or exchange rate fees charged by credit institutions) if the delivery is made to an EU member state but the payment is initiated outside the European Union.
6.4. The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
7. Delivery conditions
7. Delivery conditions
7.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.
8. Statutory warranty rights
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the IT law specialists of the Händlerbund (German Retail Federation) and are constantly checked for legal compliance.
Händlerbund Management AG guarantees the legal compliance of the texts and assumes liability in the event of warnings.
You can find more information here:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
Last updated: October 22, 2024
