General Terms and Conditions with Customer Information
Last Update: 16. February 2025
Table of contents
1. Validity of the GTC
The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between azonu GmbH (hereinafter referred to as "Vendor") and the purchaser, who is hereinafter referred to as "Customer", of the Vendor's products.
Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer's deviating terms and conditions.
All personal terms apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with.
A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
"Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
"Product" within the terms and conditions refers to any goods, services, and other performances offered by the seller, including any accessories and accompanying documentation, which are subject to the contract between the seller and the customer according to the product description provided by the seller to the customer or other agreement.
2. Contact and service details
E-mail address: info@broccolifarmers.com
Phone number: +49 6648 6079980
Contact form: https://www.broccolifarmers.com/en/kontakt
3. General Information on Offers and Orders
The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.
Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor's fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.
4. Ordering Process and Conclusion of Contract
The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.
5. Order Process and Conclusion of Contract on the Amazon Platform
The conditions of this section apply to orders placed via the Amazon platform. The purchase contract is concluded with the Vendor and not with Amazon.
The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
In addition to the ordering process via Amazon's "Shopping Cart" system, the Customer can complete the ordering process directly by pressing Amazon's "1-Click" or "Buy Now" buttons. In this case, an order is automatically created and sent to the delivery address provided by the Customer to Amazon. The order can then be changed or cancelled in the overview of orders in the "My Account" area. The purchase price is paid via the payment method deposited by the Customer at Amazon for the "1-Click" or "Buy Now" procedure. The Customer will be informed about the delivery and payment options by a separate notice and can also change the delivery and payment details in the "My Account" area. The use of the "1-Click" or "Buy Now" procedures may further require their activation by the Customer in their Amazon account.
The Vendor may accept the Customer's offer within five days (hereinafter referred to as the "Acceptance Period"). The Acceptance Period begins with the completion of the order process by the Customer. The Acceptance Period begins with the completion of the order process by the Customer (in the store, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day. The Vendor may accept the Customer's offer by means of an explicit acceptance of the offer expressed by him or by Amazon, also by e-mail. Acceptance may also be affected by dispatch of the goods and their receipt by the Customer within the Acceptance Period, as well as by a request for payment addressed by the Vendor or Amazon to the Customer and at the latest by the completion of the payment process. In the event of several acceptance events, the earliest acceptance date shall be decisive. If the Vendor does not accept the Customer's offer within the Acceptance Period, no contract shall be concluded and the Customer shall no longer be bound by his/her offer.
6. Order Process and Conclusion of Contract on the eBay Platform
The conditions of this section apply to orders placed via the eBay platform. The purchase contract is concluded with the Vendor and not with eBay.
By publishing an offer in the auction format or when buying at a fixed price, the Vendor makes a binding offer to conclude a contract in accordance with the information and conditions specified for the offer. By placing a bid, the eBay user accepts the offer under the condition precedent of being the highest bidder at the end of the period determined by the Vendor. If the eBay user's bid is outbid, his offer expires. The Vendor can set a minimum price that must be reached for the contract to be concluded. By pressing a buy-it-now button provided as part of the offer, the eBay user can buy the goods immediately. In the case of auction formats, the buy-it-now is only possible as long as no bids have been placed on the offer or the minimum price has not been reached. In the case of items with the option "immediate payment", the contract is concluded only with the completion of the subsequent payment process. The purchase of several items at a fixed price is possible, provided that these are placed in the shopping cart function and then the payment process is completed.
In the case of enabling the submission of a price proposal, the eBay user's price proposal constitutes a purchase offer, which the Vendor can accept or reject. The Vendor can also make a counter-offer, which the eBay user can accept or respond to with his counter-offer. In case of acceptance of an offer by the eBay user or the Vendor , the purchase contract is concluded. Price proposals are valid until the end of the offer and for 48 hours at the latest. When using the "price proposal" option in an offer, no immediate payment is required unless the eBay user was asked to confirm his payment method when entering his price proposal.
Customers who are subscribed to the "eBay Plus" option have the opportunity to receive a Hermes return label from eBay for the purpose of returning items. To do this, customers must meet the following requirements and conditions: https://www.ebay.de/help/buying/returns-refunds/returning-an-item-for-a-refund?id=4775. In this case, customers can drop off the shipment at a Hermes ParcelShop near them.
7. Contract Text and Contract Language
The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.
The contract languages are German and English, contracts can be concluded in these languages.
8. Prices and Shipping Costs
Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
In the case of a delivery to countries outside the European Union or the European Economic Area, additional taxes (e.g. import duties) or costs (e.g. bank charges) may be incurred. These expenses are not paid by the Vendor, but are to be paid by the Customer to the appropriate tax or customs authorities. The Vendor recommends that the Customer obtain information on possible further costs from the competent authorities and on the basis of the national regulations that apply to the Customer.
Information page with details of delivery and shipping costs: https://www.broccolifarmers.com/en/pages/zahlung-versand-lieferung
9. Payment Methods and Terms
Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
If a payment is not made or reversed due to insufficient funds in the Customer's account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called "pre-notification").
If the Vendor assigns its payment claim against the Customer to payment service providers, the payment with debt-discharging effect can only be made to the respective payment service provider. The contractual obligations of the Vendor towards the Customer, in particular the performance and warranty obligations, observance of withdrawals as well as contractual ancillary obligations shall not be affected by the assignment.
The Vendor reserves the right to offer payment methods only from or up to a certain order volume. In this case, the Vendor will inform the Customers of a corresponding payment restriction up to the start of the order process. The right of Consumers to a free, common and reasonable means of payment shall not be restricted.
Information page with details of the available payment options: https://www.broccolifarmers.com/en/pages/zahlung-versand-lieferung
Prepayment - If payment in advance by means of a bank transfer has been agreed, the payment amount shall already be due upon conclusion of the contract, subject to any express agreement to the contrary. The Vendor shall inform the Customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment has not been received by the Vendor within 10 calendar days of sending the order confirmation, despite the due date, even after a renewed request, the Vendor shall withdraw from the contract with the consequence that the order shall lapse and the Vendor shall have no obligation to deliver. The order is then settled for the buyer and seller without further consequences..
Credit card payment - When placing an order, Customers provide their credit card details. The Customer's credit card will be charged immediately after completion of the order and after the Customer's authorisation as the legitimate cardholder.
Amazon - Payment is processed by Amazon, and the Customer can settle the payment amount owed by credit card or direct debit. The Vendor does not receive any payment data of the Customer from Amazon. Amazon offers for items sold through Amazon-Marketplace via the domain Amazon.de (i.e. items not sold by Amazon.de) and for items marked with the note "Shipping by Amazon" as additional payment methods the monthly invoice (here in cooperation with arvato Payments Solutions GmbH), financing (here in cooperation with '"Barclaycard", offered by Barclays Bank Ireland PLC Hamburg Branch), BLIK, Bancontact as well as iDeal and Przelewy24. In the case of the payment methods BLIK, Bancontact, iDeal and Przelewy24, the payment is debited immediately after completion of the order. In the case of payment methods credit card, direct debit, monthly invoice, financing, the payment is made after the shipment of goods. In case of iDEAL payment method the Customer needs a Dutch bank account, in case of Bancontact a Belgian bank account and in case of Przelewy24/BLIK a Polish bank account. Financing requires registration with Barclaycard. The use of the payment methods monthly invoice and financing requires a successful address and credit check of the Customer. More information about ordering through Amazon Marketplace: https://www.amazon.de/gp/help/customer/display.html?nodeId=GFBWMNXEPYVJAY9A. Further information on the accepted payment methods: https://www.amazon.de/gp/help/customer/display.html?nodeId=GFBWMNXEPYVJAY9A; Further information for Customers who are entrepreneurs and buy on account: https://www.amazon.de/gp/help/customer/display.html?nodeId=201961660; Information on the payment methods is also available to the Customer in the "My account" area under "Your payments".
PayPal - The payment is made through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") by means of the type of PayPal payment provided by the seller or selected by Customers. Customers are redirected directly to PayPal at the end of the order process. The terms of use of PayPal apply, which can be viewed at https://www.paypal.com/uk/legalhub/home and will be communicated to the Customer during the payment process.
PayPal Express - The customer pays the amount owed by means of the PayPal transaction.
PayPal Credit - Requirement for a payment in installments via PayPal is a successful verification of the address and the creditworthiness of the customer by PayPal. The Vendor assigns the payment to PayPal, a debt-discharging payment can only be made to PayPal in accordance with PayPal's terms and conditions.
In the context of the "PayPal Checkout payment method, the Vendor may use third party payment service providers for the purpose of payment processing. The following information applies to PayPal or the respective named third party payment service providers (collectively referred to as "Checkout payment service providers"). The terms and conditions of the Checkout Payment Service Provider communicated to the Customer shall apply. If the Vendor offers a purchase on account or payment by installments via the Checkout payment service provider, the Vendor reserves the right that a prerequisite of the payment method is a successful check of the address and creditworthiness of the customer by the Checkout payment service provider. The Vendor assigns the payment to the Checkout payment service provider. A debt-discharging payment can only be made to the Checkout payment service provider in accordance with the conditions and the selected, or stated, payment term of the Checkout payment service provider. In the event of payment by means of a SEPA direct debit mandate, the Customer shall issue a SEPA direct debit mandate to the Checkout payment service provider. By issuing the SEPA direct debit mandate, the Checkout payment service provider is authorized to initiate the payment transaction, which automatically debits the Customer's bank account. The Customer will be informed about the date of debiting the bank account (referred to as "Pre-Notification").
Amazon Pay - The use of Apple Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Apple Pay, which are also communicated to the Customer during the ordering process. The Customer will be redirected to Amazon Pay before completing the order and can choose from the payment methods offered at Amazon Pay. After the order is placed, the payment transaction is ordered via Amazon Pay. Further information and conditions: https://pay.amazon.com/.
Google Pay - The use of Google Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Google Pay, which are also communicated to the Customer during the ordering process. Further information: https://pay.google.com.
Costs incurred by reminders of due receivables will be charged to the Customers. The Customers have the right to prove no, or lower costs.
The Vendor shall be entitled to claim default interest in the statutory amount and other consequences determined by law from the defaulting Customers in the event of default in payment. The Customer's obligation to pay interest on arrears shall not preclude the Vendor from asserting further claims for damages caused by default. Damages for default include costs of legal enforcement, such as costs for legal advice, dunning proceedings or debt collection.
10. Purchase on account
If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.
For Customers who are Entrepreneurs, the following rules apply to the Products, which remain the property of the Vendor until full payment has been made (hereinafter referred to as "Retained Goods"). If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full. The Vendor shall retain title to the Retained Goods until all claims arising from an ongoing business relationship have been settled in full; the Customer shall be obliged, as long as title has not yet passed to him, to treat the Retained Goods with care. In particular, the Customer is obliged to insure it adequately at its own expense against theft, fire and water damage at replacement value, if this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Customer shall carry this out in good time at its own expense. The processing or transformation of the Retained Goods by the Customer shall always be carried out for the Vendor. If the Retained Goods are processed with other items not belonging to the Vendor, the Vendor shall acquire co-ownership of the new item in the ratio of the value of the Retained Goods to the other processed goods at the time of processing. In all other respects, the same shall apply to the goods created by processing as to the Retained Goods. The Customer also assigns the claim to secure the claims against him which arise against a third party as a result of the combination of the Retained Goods with a real property. Access by third parties to the Retained Goods owned or co-owned by the Vendor shall be reported by the Customer immediately. The Customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The Customer shall be entitled to resell the Retained Goods of title in the ordinary course of business. The Customer hereby assigns to the Vendor by way of security all claims arising from the resale or other legal grounds in respect of the Retained Goods of title (including all current account balance claims). The Vendor revocable authorises the Customer to collect the claims assigned to the Vendor for its account and in its own name. This direct debit authorisation may be revoked if the Customer does not duly meet its payment obligations. The Vendor undertakes to release the securities to which the Vendor is entitled at the Customer's request if their total sales value exceeds the sum of all outstanding claims of the Vendor arising from the business relationship by more than 10% (or by more than 50% if there is a risk of liquidation). The choice of the securities to be released is incumbent on the Vendor.
11. Delivery, Availability of Goods
The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.
Furthermore, delivery by means of a freight carrier can only be made if the requirements for the freight carrier delivery communicated to the Customer within the scope of the product description or the ordering process can be fulfilled.
If a delivery of goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred for the outward and return shipment. Insofar as the costs arise from the exercise of the right of withdrawal for consumers, the aforementioned obligation to bear the costs shall only apply to the costs of sending the goods there, while the regulations in the instructions on withdrawal shall apply to the costs of returning the goods.
Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.
In the case of delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Vendor, the Vendor shall not be responsible for such delays with respect to Customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Vendor shall be entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline shall also apply to Customers who are entrepreneurs in cases of unforeseeable events which affect the operations of a pre-supplier and for which neither the pre-supplier nor the Vendor are responsible. For the duration of such hindrance, the Customer shall also be released from his contractual obligations, in particular payment. If the delay is unreasonable for the Customer, the Customer may withdraw from the contract by means of a written declaration after a reasonable period of time to be set by the Customer or after mutual consultation with the Vendor.
Customers are requested to report obvious transport damage as soon as possible to the transport company or carrier or otherwise to notify us of the transport damage. This does not create any obligation for Customers who are consumers, the non-notification does not limit the legal rights of the Customer, in particular the warranty and revocation rights as well as the enforcement of these rights.
12. Goods with Digital Elements
‘Goods with digital elements’ means any tangible movable items that incorporate, or are inter-connected with, digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions.
The provisions of these GTC apply accordingly to the sale of Goods with digital elements. In addition to the delivery of the goods, the Vendor is obliged to provide digital content or digital services in accordance with the contractual agreement.
13. Sale of Vouchers
These GTC apply accordingly to the sale of vouchers embodying material or monetary values.
14. Promotional vouchers
"Promotion Vouchers" are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.
Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.
Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.
Unless otherwise stated, the Promotional Vouchers issued to recipients may not be transferred to third parties.
Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.
Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.
If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.
If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.
15. Instructions on Withdrawal
The information on the right of withdrawal for Consumers can be found in the Vendor's instructions on withdrawal.
The right of withdrawal does not apply to Consumers whose domicile, habitual residence or delivery address at the time of conclusion of the contract and delivery is outside a Member State of the European Union (EU) or the European Economic Area (EEA) and who do not belong to any of these Member States.
Customers can access the Vendor's instructions on withdrawal at the following Internet address: https://www.broccolifarmers.com/en/pages/widerrufsbelehrung-und-widerrufsformular-fur-verbraucher
16. Warranty and Liability
The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor's statutory warranty.
The limitations of warranty and liability obligations as well as shortening of deadlines in this respect shall not apply to claims for damages and reimbursement of expenses of the Customer, goods that have been used in accordance with their customary use for a building and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital products.
The limitations of the warranty and liability obligations as well as the shortening of the relevant periods shall not apply in the case of mandatory consumer recourse claims of the Customer. This shall apply in particular in the event of claims for damages and reimbursement of expenses by Consumers, in the event of a shortening of the time limit in the case of products which have been used for a building in accordance with their customary manner of use and have caused the defectiveness thereof, and in the event of any updating obligations in the case of contracts for digital products.
17. Change of GTC
The Vendor reserves the right to amend these GTC in the case of long-term debt relationships (i.e. contracts running over a longer period, within the framework of which services and/or counter-services are provided) at any time with effect for the future in the following cases: a) if the amendment serves to bring the GTC into line with applicable law, in particular if the applicable legal situation changes; b) if the amendment serves the Vendor in complying with mandatory court or official decisions; c) if entirely new services or service elements as well as technical or organizational processes require a description in the GTC; d) if the amendment is solely advantageous to the Customers.
The Vendor will send the amended GTC to the Customer's email address registered with the Vendor at least two weeks before they come into effect. If a Customer does not object to the new GTC within two weeks of receiving the email, the amended GTC will be deemed accepted by the Customer. In the notification of the change, the Vendor will inform the Customers of the consequences of not contesting the new GTC. Customers can also agree to the amended GTC by express consent.
18. Dispute Resolution
We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.
