§ 1 General & scope
- The following general terms and conditions regulate the contractual relationship between the
customer and Lilium Division IX, owner:
Matthias Knoll, Am Reitweg 51, 2700 Wiener Neustadt, Austria
- Customers within the meaning of the terms and conditions are natural and legal persons who enter a contract with Lilium Division IX for the purpose of acquiring services or trading and who trade or make use of services (such as individual sowing or tissue-culture services on demand).
§ 2 Conclusion of contract
- The offers of Lilium Division IX on the Internet represent a non-binding invitation to customers to buy the goods offered or to make use of the services offered.
- By placing an order for products or services on the Internet, the buyer submits a binding commitment to purchase.
- Lilium Division IX is entitled to confirm or reject this offer within 3 days by sending an email.
- Whilst we always do our utmost to ensure that all the material we offer is true to name and is obtained from trusted sources, we cannot be held liable for mistakes made in good faith by our source material suppliers.
§ 3 Payment, Settlement date, Default of payment
- Pre-payment for the goods is via PayPal (preferred option) or bank transfer.
§ 4 Price, lists, orders & shipping
- The price for any item in the respective offer is the final price including sales tax.
- The goods offered are listed in the Lilium Division IX webstore at the beginning of September until about April the following year. The goods are mostly sent in sterile packaging (unless otherwise agreed) and each provided with an European Plant Passport. We will only process those goods for which payment has been received.
- We can ship (almost) worldwide, but we ask that you inform yourself in advance about the regional import regulations. In general, plant consignments outside the EU and from EU-third-countries require a Phytosanitary Certificate. We will apply for a Phytosanitary Certificate if needed. These additional costs are then to be borne by the customer. (In view of this additional expense, we recommend bulk orders since one Phytosanitary Certificate is charged per package and not per plant.)
- Items are shipped via priority mail, preferably at the beginning of the week, and the customer receives the required track & trace number immediately after the package is posted.
- If the buyer is in default of payment, there is no contract between the parties and the ordered goods will be returned into stock and shown in the webshop as again available for purchase.
§ 5 Shipping costs
- Due to the often very variable costs of postage, we have decided to establish a flat shipping fee. Customers will be charged packaging & postage at 20 euros within Europe and 25 Euros outside Europe. Other arrangements, such as EMS (express mail service) etc. can be arranged, if requested
- From a value of goods of Euro 250.- Lilium Division IX will cover the costs for packaging and shipping within Europe and from Euro 500,- for shipping outside Europe.
§ 6 Delivery
- The delivery is completed by sending item(s) purchased to the address provided by the buyer, unless otherwise discussed and agreed.
- The items purchased remain the property of Lilium Division IX until full payment has been received. Deductions from the purchase-price are not accepted unless they have been confirmed in writing in advance of shipment.
§ 7 Warranty
- The warranty to customers is as follows: Lilium Division IX guarantees that the item(s) purchased will be supplied in perfect condition. Lilium Division IX is only liable for defects if a culpable error is proven. In this case compensation is limited to the purchase price.
- Once the purchase has been satisfactorily completed, a warranty period of one week applies to the item(s) purchased. Furthermore, the buyer undertakes to notify Lilium Division IX in writing of any damage to the item(s) or the packaging within 24 hours of receipt of the goods. The damage to the item(s) or the packaging must be documented by pictures and retained at our disposal. Here, too, any claim for damages by the buyer is limited to the purchase price.
- In the event of damage caused by the actions of the buyer during the cleaning of the plants of medium-residuals, potting, planting, storage or maintenance of the item(s) purchased, Lilium Division IX has no liability and no compensation is provided. The buyer is obliged to inform us in good time about the legal situation as to whether a phytosanitary certificate is required or not.
- The guarantee expires if the plants are stopped at the local customs and/or destroyed due to a lack of the phytosanitary certificate. Furthermore, the guarantee claim expires due to postal delivery-difficulties at the place of destination. We therefore expect the customer to take care of the local import-conditions and preferred shipping methods/post-partners in good time and forward this information to us in a timely manner. Any form of guarantee-claim expires if an import does not comply with the regulations/rules of the country of destination.
§ 8 Choice of law, place of jurisdiction
- All disputes arising from this legal relationship are governed by Austrian law, even if the buyer has ordered from abroad.
- If the customer is a full merchant, a legal entity under public law or a special fund under public law, the registered office of Lilium Division IX has been agreed as the place of jurisdiction.
§ 9 Validity of the general terms and conditions and severability clause
- If a business contract between the customer and Lilium Division IX results from the intended sale of a product, then the general terms and conditions listed here are deemed accepted and are valid for all contractual partners.
- If any provision of these general terms and conditions should be or become invalid or unenforceable, the remaining provisions remain valid.