Terms Conditions
As of 01.10.2023
§ 1 General
- The following General Terms and Conditions apply to all contracts between us (FlowaPowa Holding UG (haftungsbeschränkt), Münchener Str. 13, 12309 Berlin, represented by Tobias Leichtle; hereinafter referred to as FlowaPowa) and the customer, which are concluded via this online shop and other sales channels of FlowaPowa. These terms and conditions also apply to orders of FlowaPowa Holding UG (limited liability) vis-à-vis entrepreneurs. The version valid at the time of conclusion of the contract is decisive in each case.
- These GTC shall apply accordingly to contracts for the delivery of vouchers, unless expressly provided otherwise.
- Purchasers are consumers within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
- Deviating, conflicting or supplementary general terms and conditions do not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing.
- The language of the contract is German.
- The conditions for our goods in our online shop are subject to change and non-binding. Our presentation of goods in our online shop does not constitute a legally binding offer, but a non-binding request to the customer to make us an offer to conclude a purchase contract by placing an order. Technical and other changes in shape, colour or weight are reserved within the scope of what is reasonable.
- The confirmation of receipt of the order by e-mail does not constitute acceptance, but only informs the customer that his order has been received by FlowaPowa. Acceptance of an order by telephone does not constitute binding acceptance by FlowaPowa.
The acceptance of the order takes place by shipping the goods. In the case of payment with cryptocurrencies, the acceptance of the order by payment request takes place immediately after the order is placed and after payment of the full payment amount of the order within one hour (1h) after the payment request.
- FlowaPowa accepts the contract offer in the order within two weeks.
- FlowaPowa is entitled to limit the order to a normal household quantity.
- FlowaPowa reserves the right not to accept offers.
§ 3 Notice of correction
- As part of the ordering process, the customer first places the selected goods in the shopping cart. There, the desired number of units can be adjusted or goods deleted at any time.
- If goods are stored in the shopping cart, clicking on the “Checkout” button takes you to a page where the customer can enter his data and select shipping and payment method. Input errors can be corrected at any time by clicking on the respective input field.
- If the ordering process is to be cancelled completely, the browser can simply be closed.
- If the ordering process is to be continued, a binding offer within the meaning of § 2 No. 1 of these GTC.
- The delivery area includes the Federal Republic of Germany.
- Goods shall be delivered by dispatch to the delivery address specified by the Purchaser, unless otherwise agreed. When ordering via the online order form of FlowaPowa, the delivery address specified in the online order form is decisive. In deviation from this, if the PayPal payment method is selected, the delivery address provided by the customer to PayPal at the time of payment is decisive.
- In the case of goods delivered by freight forwarder, the delivery is made “free curbside”, i.e. to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the FlowaPowa online shop and unless otherwise agreed.
- If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless FlowaPowa had notified him of the service a reasonable time in advance.
- If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as FlowaPowa has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
- If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. The risk of accidental loss and accidental deterioration of the goods sold shall pass to the Purchaser as soon as FlowaPowa has handed over the goods to the forwarding agent, the carrier or the other person or institution designated to carry out the shipment, if the Purchaser instructs the forwarding agent, the carrier or the other person or institution designated to carry out the shipment and the Customer has previously notified FlowaPowa of this person or institution has not named.
- FlowaPowa reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery.
- In cases where FlowaPowa offers self-collection as a shipping method, the Seller shall first inform the Purchaser by e-mail that the goods ordered by the Purchaser are ready for collection. After receiving this e-mail, the customer can pick up the goods at 12309 Tempelhof-Schöneberg in Berlin during opening hours, see “Shipping and delivery conditions” under https://easyhomegrowing.com/versand-lieferbedingungen/.
- The Seller may determine the shipping method, the shipping route and the company commissioned with the shipment at his discretion, unless the Buyer gives express instructions.
- Partial deliveries by the seller are permissible insofar as they are reasonable for the customer.
§ 6 Prices, Payment
- The price stated in our online shop is binding. All prices are in euros and include VAT. In the case of mail-order purchases, the price is exclusive of a flat rate for shipping costs in accordance with § 5 of the General Terms and Conditions.
- The customer can pay in advance, PayPal (incl. credit card, giro-pay, Klarna, SEPA direct debit), cryptocurrencies or cash upon pick-up. FlowaPowa reserves the right to exclude individual payment methods. The credit card will be charged on the day of the order. For orders in which only vouchers are used, payment by cash on delivery is excluded.
- If the payment is not made within the prescribed time for orders for which the payment method cryptocurrencies has been selected, FlowaPowa reserves the right to reject the offer.
- There is no minimum order value.
- In the case of payment by means of a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the conditions for payments without a PayPal account, can be viewed under https://www.paypal.com/de/webapps/mpp/ua/privacywax full.
- If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
- Refunds of the purchase price will be made, as far as possible, by the same payment method as the payment was made by the customer to the seller. In the case of payment by cryptocurrency, the purchase price in EURO is decisive and will be converted into the cryptocurrency selected by the customer at the time of purchase. Immediately after the refund of the purchase price in the corresponding cryptocurrency, the customer will be informed by e-mail.
§ 7 Shipping costs
- The customer bears the costs of shipping from the place of FlowaPowa’s establishment.
- The shipping costs can be viewed under https://easyhomegrowing.com/versand-lieferbedingungen/.
- The right of withdrawal only applies to consumers
- Cancellation policy: You have the right to withdraw from this contract within 14 days without giving reasons. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us (FlowaPowa Holding UG (haftungsbeschränkt), Münchener Str. 13, 12309 Berlin, team@easyhomegrowing.com) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached model withdrawal form for this, but it is not mandatory. You can also electronically fill out and submit the sample withdrawal form or other clear statement on our website (www.easyhomegrowing.com). If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such a revocation. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of revocation: If you withdraw from this contract, we must reimburse you all payments 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 type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day, on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than 14 days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the 14-day period. You will bear the direct costs of returning the goods. The cost depends on the product and is estimated at around 10 EUR for products similar to the FlowaOne. They only have to pay for any loss in value of the goods if this loss of value is due to handling of them that is not necessary to check the nature, characteristics and functioning of the goods.
§ 9 Warranty
- The warranty to consumers is based on the statutory provisions.
- For entrepreneurs, the warranty period on delivered goods is 12 months.
- Subject to the following exceptions, our liability for breaches of contractual duty as well as for tort is limited to intent or gross negligence.
- We are liable without limitation in the event of slight negligence in the event of injury to life, limb, health or in the event of a breach of an essential contractual obligation. If we have defaulted on performance due to slight negligence, if performance has become impossible or if we have violated an essential contractual obligation, liability for property damage and financial loss attributable thereto shall be limited to the foreseeable damage typical of the contract. An essential contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, the breach of which jeopardises the achievement of the purpose of the contract and on whose compliance you can regularly rely.
- The delivered goods remain the property of FlowaPowa until full payment has been made by the customer.
- The customer is obliged to treat the goods with care during the existence of the reservation of title. If maintenance and inspection work is necessary, the customer must carry them out regularly at his own expense. The customer must inform FlowaPowa immediately in text form of all access to the goods by third parties, in particular of enforcement measures, as well as of any damage or destruction of the goods. The customer must notify immediately of a change of ownership of the goods as well as of his own change of address. The customer must compensate for all damages and costs incurred as a result of a breach of these obligations and as a result of necessary intervention measures against access to the goods by third parties.
- FlowaPowa is entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the customer, in particular in the event of default of payment. In addition, FlowaPowa is entitled to withdraw from the contract in the event of a breach of an obligation under § 11 (2) and to demand the return of the goods if adherence to the contract can no longer be expected. The customer bears the costs of shipping from the place of the branch of the company FlowaPowa.
§ 12 Participation in the dispute
- The EU Commission provides an online platform for online dispute resolution (ODR platform). You can reach them via the following link: https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes. We are not prepared to participate in an out-of-court arbitration procedure.
- We are not obliged and are not willing to participate in consumer dispute resolution proceedings in accordance with the Consumer Dispute Resolution Act (VSBG).
- The law of the Federal Republic of Germany applies. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
- If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Berlin. The same applies if the customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual residence is not known at the time the action is filed.
- Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
