Terms of service

General terms and conditions and customer information

I. General terms and conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (urbanhive Farming Solutions UG (haftungsbeschränkt)) via the website https://urbanhive.de/. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods including digital content (data that is created and provided in digital form). We sell the goods partly or exclusively as a commission agent in our own name for the account of a third party, i.e. for a third party as the owner of the goods. Notwithstanding this, we are the contractual partner with all rights and obligations.

(2) By listing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system on the terms stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows: the goods intended for purchase are placed in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After clicking the button “checkout” or “continue to order” (or a similar designation) and entering your personal data as well as the payment and shipping terms, the order data will finally be displayed to you as an order overview. If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview, either on the website of the provider of the instant payment system or after you have been redirected back to our online shop. Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also using the browser's “back” function) or to cancel the order. By submitting the order via the corresponding button (“order with obligation to pay”, “buy”/“buy now”, “order subject to payment”, “pay”/“pay now” or a similar designation), you legally bindingly declare acceptance of the offer, whereby the contract is concluded.

(4) Your enquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different period is stated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Licence to use digital content

(1) The digital content offered is protected by copyright. For every digital content item purchased from us, you receive a licence to use it from the respective licensor. The type and scope of the licence result from the licence terms stated in the respective offer.

§ 4 Conclusion of the contract for courses

(1) The subject of the contract is the provision of courses. By listing the respective course offer on our website, we already make you a binding offer to conclude a contract via the online shopping cart system on the terms stated in the respective course description.

(2) The contract is concluded via the online shopping cart system as follows: the courses intended for booking are placed in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After clicking the button “checkout” or “continue to order” (or a similar designation) and entering your personal data as well as the payment terms, the order data will finally be displayed to you as an order overview. If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview, either on the website of the provider of the instant payment system or after you have been redirected back to our online shop. Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also using the browser's “back” function) or to cancel the order. By submitting the order via the corresponding button, you legally bindingly declare acceptance of the offer, whereby the contract is concluded.

(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 5 Performance of services for courses

(1) The courses are held in the form described in the respective offers on the agreed dates.

(2) Insofar as holding the courses depends on the number of participants, the minimum number of participants is stated in the respective offer. If the minimum number of participants is not reached, we will inform you in text form (e.g. by email) no later than 7 days before the start of the course that the booked course will not take place. In this case, any services already paid for will be refunded without delay.

(3) If an individual event is cancelled because the course leader is unavailable at short notice due to illness or for another important reason, the services already paid for will be refunded without delay. In the case of events consisting of several dates, if one date is cancelled because the course leader is unavailable at short notice due to illness or for another important reason, the cancelled date will be made up on a replacement date.

(4) In connection with the use of course rooms and objects, you must comply with the house rules displayed on site. You must follow our instructions or the instructions of the course leader.

§ 6 Replacement participants

You may name a replacement participant at any time before the course begins. You will not incur any costs for this rebooking.

§ 7 Contract term / termination of subscription contracts

(1) The subscription contract concluded between you and us has the term stated in the respective offer. A term of more than 2 years cannot be agreed.

(2) The contract ends automatically upon expiry of the term; no termination is required.

(3) The right to terminate without notice for good cause remains unaffected.

(4) Any termination must be declared and transmitted either in text form (e.g. email) or via the termination button integrated on our website (“terminate contracts here” or a similar designation).

§ 8 Special arrangements regarding the payment methods offered

(1) Payment by SOFORT / Sofortüberweisung
If you select the payment method Sofort / Sofortüberweisung, payment is processed by the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; “SOFORT”). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). A prerequisite for using the SOFORT payment method is that you have an online banking account activated for this purpose. During the payment process as part of the order, you must identify yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after the order has been placed. Further information about SOFORT can be found at https://www.klarna.com/sofort/ .

(2) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, payment is processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are shown to you under a correspondingly labelled button on our website and during the online ordering process. For payment processing, “PayPal” may use further payment services; where special payment terms apply to these, you will be informed of them separately. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .

(3) Payment via “Stripe”
If you select a payment method offered via “Stripe”, payment is processed by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; “Stripe”). The individual payment methods via “Stripe” are shown to you under a correspondingly labelled button on our website and during the online ordering process. For payment processing, “Stripe” may use further payment services; where special payment terms apply to these, you will be informed of them separately. Further information about “Stripe” can be found at https://stripe.com/de .

§ 9 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before title to the goods subject to retention of title passes, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value arising from the resale; we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 10 Warranty

(1) The statutory rights in respect of defects apply.

(2) Insofar as you are informed of this by us before submitting your contractual declaration and this has been expressly and separately agreed, the limitation period for claims in respect of defects for used goods is one year from delivery of the goods. The above limitation does not apply:
- to damage attributable to us and culpably caused arising from injury to life, body or health, and to other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods.

(3) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you fail to do so, this has no effect on your statutory warranty claims.

(4) Insofar as a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(5) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own statements and the manufacturer's product description are deemed to have been agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide warranty at our discretion by repair or replacement delivery. If the remedy of the defect fails, you may at your discretion demand a reduction in price or withdraw from the contract. The remedy of the defect is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the goods or the defect or from other circumstances. In the case of repair, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- to damage attributable to us and culpably caused arising from injury to life, body or health, and to other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- in the case of items that have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with rights in respect of defects.

§ 11 Choice of law, place of performance, place of jurisdiction

(1) German law applies. In the case of consumers, this choice of law only applies insofar as it does not withdraw the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favourability).

(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is not known at the time the action is brought. The right to bring an action before a court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer information

1. Identity of the seller
urbanhive Farming Solutions UG (haftungsbeschränkt)
Wallgraben 5
48356 Nordwalde
Germany
Email: info@urbanhive.de

2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options take place in accordance with the provisions on the “conclusion of the contract” in our general terms and conditions (part I).

3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. The complete text of the contract is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the information legally required for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. In the case of offer enquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment terms
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, further costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4. Any costs of money transfer incurred (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
5.7. Unless otherwise agreed, when booking courses, payment must be made on site at the latest on the course date before the course begins; otherwise there is no entitlement to participate.

6. Delivery conditions, provision
6.1. The delivery conditions, the delivery date and any existing delivery restrictions as well as the conditions for the provision of digital content can be found under a correspondingly labelled button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is stipulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon handover of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the trader or a person otherwise designated to carry out the shipment. If you are an entrepreneur, delivery and shipping are at your risk.

7. Statutory liability for defects
Liability for defects is governed by the provision on “warranty” in our general terms and conditions (part I).

8. Contract term / termination
Information on the term of the contract and the termination conditions can be found in the provision “contract term / termination of subscription contracts” in our general terms and conditions (part I) and in the respective offer.

These general terms and conditions and customer information were created by the lawyers of the Händlerbund specialising in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warning notices. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 29 November 2023