Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Conditions for the Processing of Goods According to Specific Customer Requirements
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Code of Conduct
14. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "T&Cs") of Philipp Hess, operating as "Garden Dock" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These T&Cs apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer, within the meaning of these T&Cs, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 An entrepreneur, within the meaning of these T&Cs, is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller via email, online contact form, or by telephone.

2.3 The Seller can accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, viewable at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a PayPal payment method selectable during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that concludes the ordering process.

2.5 When selecting the "Amazon Payments" payment method, payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, viewable at https://pay.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that concludes the ordering process, they also simultaneously issue a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer initiates the payment process by clicking the button that concludes the ordering process.

2.6 When ordering via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer's order has been sent. No further provision of the contract text by the Seller takes place. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.

2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be the browser's zoom function, which magnifies the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of concluding the contract and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with money transfer even if the delivery does not take place to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the Seller's online shop.

4.4 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, to which the customer may be separately referred. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de .

4.5 If a payment method offered via the payment service "Klarna" is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be viewed here:

https://vaseboard.de/pages/versand-zahlung

4.6 If the invoice purchase payment method is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the invoice purchase payment method only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in their payment information in the online shop.

4.7 If the SEPA direct debit payment method is chosen, the invoice amount becomes due after a SEPA direct debit mandate has been granted, but not before the expiry of the deadline for pre-notification of payment. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the expiry of the pre-notification deadline. Pre-notification ("Pre-Notification") is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient funds or incorrect bank details, or if the customer objects to the debit even though he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution for the reversal, if he is responsible for this.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller's order processing is decisive. Notwithstanding this, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 For goods delivered by freight forwarding, delivery is made "free curb," i.e., to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of dispatch if the customer effectively exercises his right of withdrawal. For the costs of return, the provisions made in the seller's cancellation policy apply if the customer effectively exercises his right of withdrawal.

5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon delivery of the goods to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not the fault of the Seller and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.6 If the Seller offers the goods for pick-up, the Customer can pick up the ordered goods at the address specified by the Seller during the business hours specified by the Seller. In this case, no shipping costs will be charged.

5.7 Vouchers will be provided to the customer as follows:

- by email

6) Retention of Title

If the Seller performs in advance, he reserves title to the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of supplementary performance;
• for new goods, the limitation period for defect claims is one year from delivery of the goods;
• for used goods, defect claims are excluded;
• the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The aforementioned limitations of liability and reductions of deadlines do not apply

• to claims for damages and reimbursement of expenses by the customer,
• if the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing legal right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the delivery person and to inform the seller thereof. Failure by the customer to do so has no effect on his statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and legal, also tortious, claims for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal grounds

• for intent or gross negligence,
• for intentional or negligent injury to life, body, or health,
• due to a guarantee promise, unless otherwise stipulated in this regard,
• due to mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless unlimited liability exists according to the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.

8.3 Otherwise, the Seller's liability is excluded.

8.4 The aforementioned liability regulations also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Specific Customer Requirements

9.1 If, according to the content of the contract, the Seller also owes the processing of the goods according to specific customer requirements in addition to the delivery of the goods, the customer must provide the Seller with all content necessary for processing, such as texts, images, or graphics, in the file formats, formatting, image and file sizes specified by the Seller, and grant the Seller the necessary rights of use for this. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the Seller. In particular, he ensures that no third-party rights, in particular copyrights, trademark rights, and personal rights, are infringed thereby.

9.2 The customer shall indemnify the seller from claims of third parties that they may assert against the seller in connection with an infringement of their rights by the contractual use of the customer's content by the seller. The customer shall also bear the necessary costs of legal defense, including all court and lawyer fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense in the event of a claim by third parties.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or public morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

10) Redemption of promotional vouchers

10.1 Vouchers issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 If the promotional voucher refers to a specific value and not to a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

10.7 The credit of a promotional voucher will neither be paid out in cash nor accrue interest.

10.8 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.9 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

11.2 Gift vouchers and remaining credit from gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer until the expiry date.

11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

11.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

11.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

11.6 The credit of a gift voucher will neither be paid out in cash nor accrue interest.

11.7 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity or lack of power of representation of the respective holder.

12) Applicable Law

12.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

12.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

13) Code of Conduct

- The seller has subjected itself to the Trusted Shops quality criteria, which can be viewed online at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf .

14) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.