Terms and Conditions

The following terms and conditions are binding to the customer and are accepted by sending the order basket at www.rareplants.de/shop (following "shop"). Any separate terms expressed by the customer have to be approved in written form by www.rareplants.de and are not effective before that.

1.) Prices
Prices reflect the rareness of offered species and the quality of material. The work involved in purifying and selecting highly viable seeds requires plenty of time and material. Seeds from several species are available from less than three dealers worldwide. These are marked with the note "Exclusive" in the lists. Most of these species are available from www.rareplants.de only.
All prices are stated in € [EUR] and are IGIC exempted (= Canary VAT). The customer is responsible for any other additional costs accrued by an order (e.g. applicable taxes in his country).
Payments in other currencies than the Euro are not accepted.

2.) Minimum Order Value / Mark-up for Small-volume Purchases
There is no minimum order value. On small-volume purchases below € 20,00 (excluding costs for packing and shipping) there is a mark-up of € 5,00.

3.) Packing and Shipping Costs
Costs for packing and shipping are automatically calculated from the shop by the total order weight. Prices are stated for a delivery via airmail to:
a) Europe (with the exception of Spain)
- for orders up to 50g: € 3,50
- for orders up to 100g: € 6,00
- for orders up to 500g: € 8,50
- for orders up to 1.000g: € 14,00
- for orders up to 2.000g: € 22,00
- for orders above 2.000g: € 37,00
Additional charge to the above prices for optional shipping via registered/certified mail: + € 2,50
b) World - all other countries, including Spain (always shipped via registered/certified airmail)
- for orders up to 50g: € 6,50
- for orders up to 100g: € 9,00
- for orders up to 500g: € 15,00
- for orders up to 1.000g: € 27,00
- for orders up to 2.000g: € 45,00
- for orders above 2.000g: € 85,00

4.) Payment
On order receipt from the shop the total order value is due net and can be cleared by:

a) Payment by Credit Card
A credit card payment is processed by PayPal via an instant online payment gateway on conclusion of the order. PayPal accepts the following credit cards: VISA and Master Card. Other credit cards than the former and/or a manual debiting of credits cards are not accepted.

b) Bank Transfer or GiroPay in € [EUR]
All bank costs, local as well as foreign costs for the bank transfer have to be included in the payment.
Account Holder: Bjoern Malkmus-Hussein, Am Parkfeld 14 E, D-65203 Wiesbaden, Germany
Account Number: 135063681
German Bank Sorting Code: 51050015
Bank: Nassauische Sparkasse, Karl-Bosch-Strasse 10, D-65203 Wiesbaden, Germany
S.W.I.F.T.-BIC: NASS DE 55
IBAN: DE 63 51050015 0135063681

Since 01 July 2003 all bank transfers within the European Union (EU) have to be charged at your economic, local costs. To use this fast, inexpensive, and secure way to make a payment, the customer will need the S.W.I.F.T.-BIC and IBAN number as shown above in order to make the transfer.

c) Sending Cash in € [EURO] (only by registered mail) to:
Bjørn Malkmus-Hussein, Calle Goya 1, E-38400 Puerto de la Cruz (S/C de Tenerife), Spain

d) Personal Cheques and/or International Money Orders are NOT accepted.

5.) Shipment
Orders are dispatched after prior receipt of payment only. After receipt of payment all goods will be shipped within ten (10) days, if the customer does not receive a separate written note by e-mail stating a different date of dispatch which will be shown in his customer account as well (see below 10.) Data Protection and Privacy & Customer Account). On grounds of incidences provoked by third parties (e. g. strike) dispatch may be postponed. If payment is not received within two (2) weeks after the date of order confirmation from www.rareplants.de, the order will automatically be cancelled by the shop and reserved items are offered again in the shop.
Non-hardy plants (e. g. cuttings, corms or tubers) will be shipped during a frost free period only in winter months (i.e. from mid October to end of March), which may result in a delay of dispatch.
If the customer has certain restrictions/wishes for dates/periods of dispatch, these shall be clearly stated in the order.

6.) Availability of Ordered Goods
Only available articles can be ordered in the shop. If certain articles cannot be shipped due to circumstances not caused by and beyond the responsibility of www.rareplants.de (e. g. infestation of seeds), the customer is given a refund by means of a credit note, a PayPal payment or sending cash.
For orders for which payment is not received along the order, all goods are reserved for the customer for two (2) weeks. If payment is not received within this time, certain articles may not be available anymore. On receipt of a later payment for all unavailable articles the customer is given a credit note for a future order.

7.) Order Cancellation, Right of Revocation/Return of Goods and Consequences of Revocation
a) Cancellation of Pending Orders
As long as goods have not been shipped, the customer may cancel a contract at any time free of charge. The cancellation of contract must be indicated in writing (e.g. by e-mail, fax, or letter) to www.rareplants.de. Besides all orders without receipt of payment are deleted automatically by the shop after 14 days. For all orders paid in advance the customer receives a reimbursement of the total order value via PayPal payment or bank transfer.

b) Right of Revocation of Shipped Orders/Return of Goods
Private customers have a right of revocation of shipped orders. The time limit starts with receipt of goods by the customer. All perishable goods, which are by their nature unsuitable for a return (e.g. plants and seeds), are exempted from this right. In this case a return of goods depends on a written approval by www.rareplants.de. The customer has to ask www.rareplants.de in a written form (e.g. by means of email, fax or letter) for such an approval within 14 days after receipt of goods by the customer. If www.rareplants.de agrees to return of goods, all goods have to be sent to:

www.rareplants.de
Bjørn Malkmus-Hussein
Calle Goya, 1
E-34800 Puerto de La Cruz (S/C de Tenerife)
Spain

Any contracts with commercial clients (e.g. resellers) are not covered by this right.

Consequences of Revocation
In case that www.rareplants.de accepts a revocation, on both sides all received benefits have to be returned and any benefits have to be redeemed. If the customer cannot return the received benefits totally or partly, or only in worsened conditions to www.rareplants.de, the customer must indemnify www.rareplants.de to the value of that extent. This does not apply to the degradation of goods as a result of examination - as it would have been possible for the customer in a local store for example. In all other respects the customer can avoid the obligation of an indemnification as a result of degradation of goods by not taking goods into his property and omitting everything, which degrades their value. All shippable goods are to be sent back on danger of www.rareplants.de. The customer has to bear the cost of return, if the supplied goods correspond to the ordered and if the order value does not exceed an amount of € 40.00. Otherwise the return is free for the customer, and all his necessary return expenses are refunded by www.rareplants.de. Obligations for reimbursement of payments must be fulfilled within 30 days. This time limit begins for the customer with the acceptance of his revocation by www.rareplants.de or for www.rareplants.de with receipt of goods.

8.) Complaints
All material is supplied in best state and free of any damages on the day of dispatch. www.rareplants.de does not hold responsibility for any damages, which may occur during transport. Any perceptible damages must be brought immediately to the carrier's notice.
On arrival of goods the customer has to control all articles for their completeness and intact condition. If there should be any material not satisfactory for which www.rareplants.de does hold responsibility (e. g. disease or infestations, wrong items), the customer has to contact www.rareplants.de in written form (e.g. by email, fax, letter) within 14 days after receipt of goods. Only after a written approval from www.rareplants.de all articles have to be sent back in their original package. The customer is given either a replacement as quickly as possible, a credit note is issued or a refund is given. For any return, which has not been approved by www.rareplants.de, as well as for all later complaints, no replacement, credit note nor refund will be given. www.rareplants.de will do everything to solve the problem immediately to ensure complete satisfaction of the customer.

9.) Disclaimer
www.rareplants.de does not hold any liability for subsequent losses arising from partial or complete failure of any material supplied. www.rareplants.de is liable only up to the total order value as specified in the invoice.

10.) Data Protection and Privacy & Customer Account
The client has to supply personal data to the shop for order processing and for subscription to the electronic information letter (Newsletter). The client can revise his saved data at any time in his customer account by providing his email address and his password supplied by www.rareplants.de on:
http://www.rareplants.de/shop/customer_account.asp
In complicance with the law of protection of personal data (Ley 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal), the customer may take his right at any time to access, rectify, cancel or object his personal data by sending an e-mail to the address given on this page: http://www.rareplants.de/shop/contact.asp
www.rareplants.de will pass any data onto third parties within legal duties of notification only. Neither bank nor credit card information are stored on our server.

11.) Miscellaneous
a) Taxonomy
Plants' names are constantly verified for latest taxonomical changes, however no guarantee can be granted for absolute accuracy in botanical naming. Obvious misnaming will be rectified to complete satisfaction of the customer.
b) True-to-type Seeds
Most seeds are a result of open pollination. Botanically very close species within a genus are cultivated separated from each other, so that the risk of unwanted hybridization is minimized. Some of the rarer species are artificially pollinated to ensure true-to-type seeds (e. g. all Paeonia species), which may result in the prizing for these 100% true-to-type seeds.
Plants in cultivation always represent true-to-type specimens. However, as natural variation of specimens within one population can never be maintained in a more or less restricted cultivation, i.e. certain species offered here might represent only forms within their possible genetic range.
c) Viability
Seeds are purified using different techniques, e. g. water, air-stream and sand. All countable seeds are hand-selected. On behalf of this most seeds which might not be viable are discarded. All seeds are tested for their viability before being introduced to the lists. Germination rates greatly depend on their germination conditions, which are outside the influence of www.rareplants.de. For several species in the lily family (Liliaceae) a natural germination rate of almost 100% is not an outstanding result, while others will not exceed a 10% viability (e. g. in Digitalis species). Until dispatch, all seeds are stored at 5°C / 37°F and a 30% relative air humidity to maintain an overall high viability.
Viability from every batch of seeds is tested at least once a year, and batches with unsatisfactory results will be taken off and be replaced by fresh seeds. In some genera seeds are only short-lived and thus will only be offered for a couple of weeks or months after harvesting.
Several species in the family of Amaryllidaceae (e. g. Lycoris) do not produce seeds in a traditional sense, but bulbils which soon will start to germinate – even at lower temperatures. These bulbils cannot be stored over a long period and shall be potted on receipt.
www.rareplants.de does not hold responsibility for any unsatisfactory germination rates due to inappropriate cultivation methods which are beyond our sphere of influence.
d) Sowing and Cultivation Information
A separate sowing and cultivation information sheet is not delivered with orders. General sowing information and cultivation are available on:
http://www.rareplants.de/shop/prodtype.asp?CAT_ID=557
This document can be downloaded as Adobe Reader file by the customer and locally saved on his personal computer from:
http://www.rareplants.de/shop/uploads/files_versions/General_Sowing_and_Cultivation_Information.pdf
Wherever deviant requirements of certain species are known, these are mentioned for all articles in the shop. All information on sowing and cultivation is given without any warranty for correctness and completeness.
e) Minimum Storage Ability
If not mentioned differently in the description for a certain species, all seeds are delivered for immediate sowing after receipt. If seeds are not intended for immediate sowing, it is recommended to temporarily store them in a dark and cool place (e. g. refrigerator) in their original plastic bags, which will protect them from dissection as well as excessive humidity.
f) Amount of Seeds per Package
All packages contain at least the amount of seeds as specified in the shop. In the case that seeds are not countable due to their small, dust-like size (e. g. in the genera: Campanulaceae, Crassulaceae and Scrophulariaceae), one package will contain at least the amount of seeds to raise fifty (50) seedlings. In general this means that a package contains much more than 50 seeds!
If two (2) or more packages are ordered from the same species, seeds will be merged together to a single package, unless the client clearly mentions some other instruction with his order.
g) Phytosanitary Certificate / CITES
No Phytosanitary nor CITES certificate will be issued. For possible restrictions on importing living plant material (outside the European Union) or regulations due to CITES in the customer's country, the customer has to address himself to his local plant inspection authorities in charge of before ordering any seeds/plants. All risk of confiscation due to legal interferences is on the buyer.
All material offered from plants of the Washington Convention (CITES), listed in Appendices I - III, descends from cultivated and artificially propagated plants only in order to comply with German, Spanish and international laws. Thus with any order the customer places on www.rareplants.de he will contribute to the protection of populations of several critically endangered plants!

Important regulations for U.S. customers : Download the instructions for the application of a free-of-charge " Small Lots of Seed Permit" by APHIS (U.S. Animal and Plant Health Inspection Service) as PDF-file:
http://www.rareplants.de/shop/uploads/files_versions/Small_Lots_of_Seed_Permit_-_APHIS.pdf

12.) Place of Performance and Jurisdiction
The place of performance and jurisdiction for both parties is located within Spain. Only Spanish law is applicable.

13.) Salvatory Clause
Should any of the above terms and conditions become legally ineffective on account of cancellation, other agreements or for other reasons, the ineffective terms shall be substituted by an acceptable alternative. In case of any difference between the Spanish and the English, German or French version, the Spanish version will always prevail.

As of 16 November 2012.