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.
a) for consignments within Germany and the EU
All prices are stated in [EUR] and include the applicable German VAT (value
added tax). A tax exemption for European companies cannot be given.
b) For consignments outside the EU
All prices are stated in [EUR] and are exempt from German VAT (value added
tax). All prices include a surcharge equivalent in height to German VAT.
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 and are for a delivery by standard post (by airmail
outside Germany) to:
a) Germany
- for orders up to 100g: 3,00
- for orders up to 2.000g: 5,50
- for orders up to 10.000g: 8,50
- for orders up to 20.000g: 11,50
- for orders up to 31.500g: 15,50
- for orders above 31.500g: 20,00
b) Europe
- for orders up to 100g: 4,50
- for orders up to 500g: 6,00
- for orders up to 1.000g: 9,00
- for orders up to 2.000g: 15,50
- for orders up to 5.000g: 19,00
- for orders up to 10.000g: 24,00
- for orders up to 20.000g: 34,00
- for orders above 20.000g: 55,00
c) All other countries (always by registered/certified airmail)
- for orders up to 100g: 9,00
- for orders up to 500g: 14,00
- for orders up to 1.000g: 18,00
- for orders up to 5.000g: 55,00
- for orders up to 10.000g: 81,00
- for orders up to 20.000g: 133,00
- for orders above 20.000g: 155,00
Optional additional shipping services are available and are charged
separately as follows:
- shipment by certified/registered mail (only for Germany and Europe): 3,00
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:
Bjoern Malkmus-Hussein, Im Mόnchfeld 27, D-55122 Mainz, Germany
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 email, fax, 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) Revocation of Shipped Orders
Private customers have a 14 day right of revocation and/or return of any goods
ordered online at distance as described in German Fernabsatzgesetzes (FernAG)
[Law for Distance Selling] in general. The time limit starts with receipt of
goods by the customer. Any contracts with commercial clients (e.g. resellers)
are not covered by FernAG. All perishable goods, which are by their nature
unsuitable for a return, are exempted in article § 3 clause 2 FernAG. In
compliance with FernAG perishable goods are seeds and plants. In this case a
cancellation 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 a cancellation / return all goods have
to be sent to:
www.rareplants.de, Bjoern Malkmus-Hussein, Im Mόnchfeld 27, D-55122 Mainz, Germany
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?&numLanguageID=1
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.) Return of Packing Material
[Only applicable to customers within Germany]
12.) 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 Germany) 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 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" (5
pages, 269kB) 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
13.) Place of Performance and Jurisdiction
The place of performance and jurisdiction for both parties is located within
Germany. Only German law is applicable.
14.) 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 German and the English, French or Spanish version, the German version will always prevail.
As of 16 January 2010.