International Shipment Conditions
As we are an internationally operating plant nursery, we offer shipment to all European Countries. The particular shipping conditions mainly depend on three factors: Destination country, type of plants ordered and total ordering volume. As we always try to find the cheapest way shipping the plants to you, we do not publish shipping conditions upfront, but make an individual offer for each inquiry. In general shipping starts at 75€ per shipment.
Finding the plants in our shop – botanic labels are used
We are currently translating the shop into further languages. All our plants are labeled with the German and the botanic labels. If you translate the plant label of your language into the botanic one, you can search for the plant you are looking for (using the ‘Suche’, which is ‘search’ in German).
If you have any questions (regarding the plants, shipping conditions etc.) please do not hesitate to contact us:
Phone: ++49 2862 700207
Terms and Conditions
§ 1 General
The following terms and conditions apply to all contracts, offers and other services of the plant nursery NewGarden, located Prozessionsweg 62, 46325 Borken. They also apply to future business relations, even if they are not expressly agreed. Own terms of customers, which differ from these Terms in whole or in part, are not accepted. Any deviations require our explicit written confirmation.
§ 2 Offer / Acceptance / Minimum order quantities
All offers are non-binding and are valid while stocks last. The current price list is applied and all prices are ex yard of NewGarden. Minimum order quantities are dependent on the products order. Any deviations from these offers require an explicit confirmation from the nursery NewGarden.
The contract becomes mandatory for both, NewGarden and customer, when the ordering confirmation is received by the customer. Due to the nature of the goods delivery obligation for the seller in particular is excluded if due to bad weather or technical problems proper delivery of the goods is prevented. The seller reserves the right then to cancel the contract without the customer to pay for any costs or damages have occurred.
§ 3 Cancellation
Cancellation by the customer to the seller in writing at least until 12.00 clock 3 working days before the date of delivery. Otherwise, the seller may claim the full purchase price. Exceptions from this right of cancellation apply for customer specific orderings, like very extraordinary plants for very large ordering volume, where the preparation time is more than three days. Costs incurring the cancellation of this type of ordering have to be paid by the customer.
§ 4 Prices and Discounts
All prices include German VAT (7%), excluding shipping, if not explicitly stated differently. All prices are ex-nursery, unless otherwise expressly agreed. Shipping and / or transport costs are paid by the customer.
For international deliveries customs clearance might have to be paid by the customer. Please contact us for the particular shipping information.
Potential discount are only valid for plants. Freight, shipping and other transportation costs are excluded.
§ 5 Sizes and Pictures
The dimensions of the plants are subject to growth and weather conditions.
The dimensions given are approximate. Deviations in the order of 10% above or below, due to the nature of the product "plant" are allowed. The pictures on the website should be considered in shape, size and color as an example. Only the red highlighted items show very realistic figures. Again, that it is a natural plant product, and deviations from the patterns and pattern images.
§ 6 Shipping / Delivery / Acceptance of goods
Pickup at the nursery
The delivery is considered done when the buyer, a person authorized or an authorized freight forwarder has accepted the goods at the NewGarden´s yard without complaints. The securing of the goods and compliance with legal load capacity restriction is the responsibility of the buyer. For damages to property or persons due to improper securing, loading or transporting the seller accepts no liability.
Delivery by own transport or delivery by forwarding:
Basically, a delivery is free curb, if not otherwise explicitly confirmed by the seller. An agreement on an exact delivery date is not binding. The delivery is considered done when the buyer has accepted the goods without complaint. Delivery delays caused by legal or administrative orders (eg. import and export restrictions), are not our responsibility. We try to inform the customers as soon as we get knowledge about any delays.
Delivery can possibly be done with a truck with a length of up to 18m. Access to destination must be guaranteed by the buyer. If no access is guaranteed to delivery destination, the customer accepts the next possible delivery address. By changing the shipping address any additional costs shall be borne by the customer.
§ 7 Redemption Guarantee
The plants delivered are prepared and outdone specific to the customer orders; this type of product is excluded from the 14-days return warranty. In order to ensure the satisfaction of the customer, the nursery offers two delivery options for domestic deliveries with the opportunity to examine the goods upon delivery and to reject the goods directly to the forwarder or the staff of NewGarden (when delivered by our own staff). With already made payment there is a prompt refund of the invoiced amount excluding shipping costs.
International shipments are not a part of this right. We can send you additional information lik photos to give you a good impression of the plants you receive and to avoid any complaints. Please see also our customer reviews on our website to get an impression of our quality and service level.
§ 8 Shipping materials
In general, the goods are delivered in a proper packaging. Usually the disposable packaging (eg, disposable pallets), is included in the shipping costs and thus pass into the ownership of the buyer. Packaging materials will not be redeemed by the Seller.
In some cases or on special request, a delivery is made in returnable packaging (eg Euro pallets), the deposit amount shown on the bill for it and they can be recharged to the buyer, when the packaging material is returned to the seller. The deposit will be refunded, after the intactness is checked by NewGarden.
§ 9 Payment
Deduction of any discounts from the total amount on the invoice is not permitted. The customer can choose between the payment methods offered, depending on the desired shipping method, whereby the nursery NewGarden reserves the right to exclude individual payment methods. In principle, the goods ex yard or delivery by our own staff must be paid in cash on delivery. When shipping by a carrier currently only payment in advance option is possible. The money has to be transferred at least 5 working days before the targeted date of shipment. All deviations from the standard payment terms require an explicit consent from the nursery NewGarden.
Invoices have to be paid within 14 days net. Upon the occurrence of delays in payment the seller is entitled to add an interest rate of 0.75% per month calculated, and other costs incurred in order to fulfill the claim.
§ 10 Warranty
An accretion guarantee of the plants cannot be given by the seller, as is in the first weeks after after planting by the customer or staff of the nursery New Garden, the growth and the associated care and diligence is in the hands of the buyer. A failure rate of 5-10% for plants in bales is considered normal (depending on weather conditions).
Damage caused by improper actions of the customers planting, care or storage, do not authorizes any against the nursery. This includes, for example, the choi
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