Status: October 2022

The General Terms and Conditions (hereinafter "GTC") shall apply to all orders placed via the online store of Planted Foods GmbH. Birkenstr. 22 10559 Berlin, Germany (hereinafter "Planted" or "we") made orders and concluded contracts. We reserve the right to change the GTC. In each case, the version of the GTC valid at the time of the order is authoritative, which cannot be changed unilaterally for this order.

The offer is addressed to natural persons with residence or legal entities with registered office [in the EU] (hereinafter referred to as "Customer" or "you"). Deliveries will only be made to addresses [in the EU]. The offer is valid while it is visible in the online store and while stocks last. Price and assortment changes are possible at any time. The images shown in advertising, brochures, in the online store, etc. are for illustrative purposes and are not binding. The specific information on the product packaging is authoritative.

Prices are quoted in euros and include statutory value added tax (VAT). The price in the online store at the time of the order is decisive.

1. electronic means of payment

The means of payment offered in the online store are accepted as means of payment.

2. purchase on account

Planted may, at its own discretion, offer payment on account (with or without installment payment option). We can make this payment method dependent on a positive credit check as well as other requirements determined at our discretion (e.g. minimum age, residence). You are not entitled to payment by invoice or by installment. For the purpose of a credit check, personal data is recorded and passed on to the company commissioned with the credit check. We offer you the option of paying for goods and services ordered from us by means of "purchase on account" from POWERPAY. This is a third-party service, whereby the following terms and conditions apply for deliveries to Austria and the following terms and conditions apply for deliveries to Germany. Furthermore, we refer to the existing data protection provisions and the cancellation policy in connection with "POWERPAY purchase on account". When concluding the order by means of "purchase on account", POWERPAY shall take over the processing of the invoice claim that has arisen and shall handle the corresponding payment modalities. You will receive the single invoice free of charge by e-mail. With the single invoice, you can simply settle your online purchase by invoice within the specified payment period. In the event of a delay in payment, Planted is not obliged to respond to new orders or to fulfill outstanding deliveries. Planted reserves the right to charge reminder fees and interest on arrears. All expenses incurred in connection with the collection of overdue receivables shall be borne by the customer. In case of unsuccessful reminders, the invoice amounts can be assigned to a company entrusted with the collection. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees and interest on arrears from the due date.

The presentation of the products in the online store is not a legally binding application, but a non-binding invitation to the clientele to order the product in the online store. After submitting the order you will automatically receive a confirmation of receipt, which documents that the order has been received by Planted . You can only add to or cancel the order until it is processed in one of our logistics centers. If an order is supplemented, the original order will be used as the basis for calculation, but possible special offers and discounts at the time of supplementation will not be taken into account. Planted is free to refuse orders in whole or in part without giving any reason. In this case you will be informed and payments already made will be refunded. Further claims are excluded, in particular there will be no forwarding of non-deliverable products. Temporarily unavailable products can not be reserved.

The contract is only concluded when the order is processed in the logistics center of Planted . As soon as the order is ready for shipment, you will receive an order confirmation by e-mail.

1. delivery area

Your delivery address must be in the EU. We deliver only by mail order. A pickup of the goods is unfortunately not possible. We do not deliver to packing stations.

2. delivery times

We indicate in the product description in the online store, within which delivery time range the product is available. It is not possible to specify an exact delivery time within the delivery period. Temporal deviations as well as the blocking of a specific delivery date are possible, especially on peak days with exceptionally high delivery volumes.

3. delivery costs

The delivery costs depend on the value of the ordered products (minimum order value excl. delivery costs, depots and credits). The delivery costs communicated in the online store apply. The delivery costs are listed as an additional item in the shopping cart and on the invoice.

The buyer's warranty claims are governed by the statutory provisions, whereby you are responsible for the proper handling of the food from the transfer of risk:

- Refrigerated food must be unpacked immediately upon receipt and stored at a maximum of 2-5° Celsius.

- Frozen products must be handled properly and stored at an uninterrupted temperature of at least -18° Celsius.

Planted can provide warranty in agreement with you by partial or complete replacement by an equivalent product, credit note up to a maximum of the sales price at the time of the order, or reduction. In the case of a credit note, the amount paid by you for the defective goods will be credited to the customer's account. Planted reserves the right to demand proof of the defect, e.g. by means of a photo.

If products are delivered with obvious damage to the packaging or contents, you should immediately complain to the service provider (e.g. carrier, post office) and refuse acceptance. Ask the service provider (e.g. forwarding agent, post office) for a damage confirmation. All transport damages must also be reported immediately to Planted . Any warranty rights against the service provider or Planted are not affected.

Furthermore, it is your responsibility to check the ordered products immediately upon receipt for obvious and recognizable defects with regard to their condition and to store them correctly (in particular refrigerated or frozen, see section 8). For any defects or deviations from the order, you must immediately notify the customer service of Planted by e-mail to [email protected]. Your warranty claims are not affected by this; however, in the case of perishable goods, we can only check and process complaints quickly and unbureaucratically if you assert them immediately after discovering the defects.

If you have your habitual residence or domicile in a Member State of the European Union and are a consumer within the meaning of the applicable law, you have a statutory right of withdrawal. However, for perishable food, which includes most of our products, there is an exception and we exclude the right of withdrawal for these products. In the following cancellation policy is listed under which conditions the right of withdrawal exists and under which circumstances the right of withdrawal is excluded.

*** Cancellation policy ***

(a) You have the right to cancel this contract within fourteen days without giving any reason.
(b) The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the product.
(c) To exercise the right of withdrawal, please send us a clear notification (e.g. a letter sent by mail, or e-mail) of your wish to withdraw from the contract to the following address: Planted Foods GmbH, Birkenstr. 22, 10559 Berlin, Germany, [email protected]. If you make use of this option, we will send you confirmation of receipt of your revocation immediately (e.g. by e-mail). 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.
(d) If you cancel this contract, we will refund all payments we have received from you, including delivery costs, without undue delay and at the latest within fourteen days of receipt of the notification of your cancellation. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We reserve the right to refuse a refund until we have received the product in question back or until you have provided proof that you have returned the product(s), whichever is the earlier.
(e) You must return or hand over the product to us (Planted Foods GmbH, Birkenstr. 22, 10559 Berlin, Germany) without undue delay and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the product before the expiry of the period of fourteen days. You shall bear the regular direct costs for the return of the product.
(f) You must pay for any loss in value of the product only if this loss in value is due to handling that is not necessary for testing the condition, properties and functioning of the product.
(g) The revocation is excluded for perishable food.

*** End of the cancellation policy ***

After creating a user account, loyalty points can be collected when ordering products. Planted can exclude the acquisition of points for ordering certain products. The collected points can be used for the purchase of certain products (rewards). Participation in the Loyalty Program is voluntary. Planted reserves the right to make changes to the Loyalty Program or terminate the program at any time.

Planted provides additional information in its privacy policyon how it processes personal data.

(a) If you are a consumer, our liability for slightly negligent breach of duty is limited to the foreseeable, contract-typical, direct damage according to the type of goods. This also applies to slightly negligent breaches of duty by our representatives or vicarious agents.
(b) If you are an entrepreneur, claims for damages are excluded regardless of the type of breach of duty, including tort, unless we have acted intentionally or with gross negligence. In case of breach of essential contractual obligations, however, we are liable for any negligence, but only up to the amount of the foreseeable damage. Claims for loss of profit, saved expenses, from claims for damages by third parties as well as for other indirect and consequential damages cannot be demanded.
(c) The limitations and exclusions of liability pursuant to clauses 13(a) and 13(b) shall not apply to claims which have arisen due to fraudulent conduct on our part, as well as in the case of liability for guaranteed characteristics, for claims under the Product Liability Act and for damages arising from injury to life, limb or health.

(a) These Terms and Conditions are governed by German substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods ("Vienna Sales Convention"). The exclusive place of jurisdiction for claims arising from or in connection with these GTC is Berlin, Germany. Planted is also entitled to sue you at your habitual residence or domicile.
(b) The foregoing choice of law does not apply if and to the extent that (i) you are a consumer within the meaning of the applicable legal system and (ii) you can compulsorily invoke the application of another law and/or the jurisdiction of another court under the relevant legal system.
(c) In case of disputes with consumers, e.g. if you are not satisfied with the way we handle your complaints, the European Commission offers an online dispute resolution platform which you can access at the following link: http://ec.europa.eu/consumers/odr/. We inform you that we are neither willing nor obliged to participate in a dispute resolution procedure before a consumer dispute resolution authority. We are also not obligated or willing to participate in a consumer dispute resolution procedure according to the German Consumer Dispute Resolution Act (VSBG).

Status AGB: September 2022