Terms & Conditions
1. GENERAL – SCOPE
1.1 The following terms and conditions apply to the business relationship with Jansen Garten and are part of all delivery, work, work and service contracts as well as contractual agreements and offers. They are deemed to be accepted at the latest when the order is placed or the delivery is accepted. Deliveries, services and offers from Jansen Garten to commercial and non-commercial customers are made exclusively on the basis of these General Terms and Conditions. This also applies to all current and future business relationships of Jansen Garten in business transactions with merchants, legal entities under public law or special funds under public law, even if they are not expressly agreed again. Customers within the meaning of these general terms and conditions are both consumers and entrepreneurs.
1.2 Jansen Garten expressly objects to purchasing or order conditions or other terms and conditions that deviate from, contradict or supplement ours, even if these other conditions are known to them, they will not become part of the contract, unless Jansen Garten expressly agrees to their validity in writing .
2 OFFER – CONCLUSION OF CONTRACT
2.1 The company Jansen Garten is bound to submitted offers for eight weeks, with the exception of material prices, raw materials such as e.g. B. Natural products and plants are subject to extreme fluctuations and we cannot influence their development.
2.2 By ordering goods and/or construction and/or services, the customer/end user or service recipient makes a binding declaration that they want to purchase them. We are entitled to accept the contract offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing or by beginning the service.
2.3 If the consumer orders the goods/or services electronically, we will immediately confirm receipt of the order. However, the confirmation of receipt does not yet represent a binding acceptance of the order, but can be linked to the declaration of acceptance.
2.4 The contract is concluded subject to correct and timely delivery by our suppliers. In the event of delays or unavailability, we will inform the customer immediately.
2.5 The offers and prices submitted by Jansen Garten are non-binding until the order is placed.
2.6 All prices stated in the offer are linked to the object and quantity and only apply if the complete dimensions are observed. If the quantities are not reached, we reserve the right to make a price correction.
2.7 For the creation of offers in connection with the settlement of damages from e.g. B. insurance claims, we charge a processing fee of €75.00 plus 19% VAT, which is offset against an order for execution as a credit note.
2.8 Ideas, plans, drafts and drawings as well as service descriptions remain the property of Jansen Garten and may not be duplicated or passed on to third parties without Jansen Garten’s written consent. If the order is not placed, these may not be used by the client or third parties unless other agreements have been made and must be returned to the contractor without being asked. Here, the company Jansen Garten reserves the right to charge the customer for the planning effort at the current hourly rate in accordance with 9) and to claim damages if necessary.
2.9 Billing is based on the hourly rate customary for the respective time of year. The current tariff at Jansen Garten for 2023 is €59.40 plus VAT for the simple gardening lesson and €81.00 plus VAT for the master lesson. Special gardening services, such as B. the operation of heavy machinery, may be charged at a higher hourly rate. The daily working time is calculated starting from the departure from the contractor’s location, usually the workshop of Jansen Garten.
2.10 The customer must name a contact person who is authorized to represent the contract and who is authorized to instruct hourly wage work and to commission additional services and deliveries in the absence of the customer.
3 PERFORMANCE/PERFORMANCE AND DELIVERY PERIODS AND OBLIGATIONS OF THE CUSTOMER
3.1 Before Jansen Garten starts work, the client is obliged to instruct an employee appointed by Jansen Garten in all existing technical facilities of the contract object and in the entire system, and to expressly point out possible sources of danger.
3.2 In case of doubt, service/execution and delivery periods/dates are approximate and non-binding, unless something else has been individually contractually agreed; in particular, they are subject to the timely, proper and sufficient delivery to Jansen Garten by any suppliers.
3.3 In the event of weather disasters/force majeure such as B. drought, frost or hail or other unforeseeable and non-culpable circumstances such. B. Epidemic, strike, lockout, operational disruptions of any kind, war or war-like events, currency changes or official intervention, the delivery and/or execution period is extended for the duration of the hindrance. If delivery and/or execution is made more difficult or impossible due to the circumstances mentioned, Jansen Garten is released from the execution and/or delivery obligation. In these cases, the customer cannot claim compensation.
3.4 The execution of the work and the services of the company Jansen Garten are based on the underlying contract and are carried out according to the recognized rules in gardening and landscaping and the current technology in compliance with the material and product releases.
3.5 Contracts and orders only bind Jansen Garten after the order has been confirmed or after the contract has been signed.
3.6 Partial services and partial deliveries are expressly reserved.
3.7 The selection of the employees and the right to issue instructions lies solely with the company Jansen Garten, with the exception of imminent danger. The client will refrain from issuing instructions to the employees of Jansen Garten. In the event of a breach of these obligations, the client shall indemnify the contractor against any disadvantages that may arise as a result.
3.8 The customer must ensure that general order is maintained on the construction site and regulate the interaction between the various contractors. He has to provide the contractor with all the approvals, permits, plans and line information required for the execution of all gas, water, sewage, electricity, telephone, computer and other supply lines in the area of the construction project in good time and free of charge in sufficient numbers deliver. Services for this, for which the company Jansen Garten is commissioned, will be invoiced to the customer separately. Jansen Garten expressly assumes no liability for damage caused by Jansen Garten as a result of insufficient information being provided by the client during the construction work, with the exception of damage caused as a result of gross negligence.
3.9 The connections required for the execution of the contract (water supply, electricity, etc.) and storage areas (for work equipment, equipment, delivery items, etc.) are made available by the client at the destination of the delivery or the construction site free of charge. If this is not possible, the client alone bears the costs of provision.
3.10 The quantities given in the offers are approximate values determined in advance; billing is based on the locally measured services actually performed. A day-by-day final calculation by the contractor is not always possible. Possibly required and/or alternative items in our offers are usually not included in the provisional total of the offer. Required and/or alternative items change to the so-called standard service when the order is placed and executed and are calculated on the basis of the locally measured values based on the specified unit and/or unit price.
4 PRICES, PAYMENT AND OWNERSHIP TERMS
4.1 After receipt of the goods and/or services, the customer undertakes to pay the invoice amount without deduction within 7 days, or the period stated on the invoice, from the invoice date.
4.2 Invoicing is based on the material quantities actually delivered and installed on site; according to measurements, unit price contract.
4.3 Installed goods/materials remain the property of Jansen Garten until full payment has been made (retention of title).
4.4 Jansen Garten reserves the right to make an advance payment/down payment for the materials to be delivered or services to be provided of at least 50% of the net order value upon conclusion of the contract, payable within 7 days or within the The period shown on the invoice, from the invoice date without deduction, before the start of the construction work. Further advance payments of up to 90% of the net order value can follow depending on the progress of the project. The payment deadlines/payment agreements shown on the invoice apply here.
4.5 In the event of default in payment, the contractually agreed obligations of Jansen Garten and their liability are suspended, without the client being released from the obligation to pay for the contract period or the contract at all.
4.6 In the event of an expected longer interruption, Jansen Garten is entitled to demand early billing for the services already rendered.
4.7 Discount agreements are void after the payment deadline has been exceeded and will be reclaimed.
4.8 The reminder fees are €5.00 for the first warning/payment reminder and €10.00 each for the 2nd and 3rd reminder. After exceeding the payment deadline set with the first reminder, the statutory default interest rate is calculated, which amounts to 5 percentage points above the respective base interest rate for transactions in which a consumer is involved and 9 percentage points for transactions with the exclusive participation of entrepreneurs above the base interest rate. We reserve the right to claim further damages.
4.9 Subsequent and additionally commissioned work/services/deliveries that are requested by the client and go beyond the list of services or offer/cost estimate will be billed according to the agreed remuneration rates or material list prices. If no remuneration rates have been agreed, the local rates shall apply. These additional services are expressly excluded from the cash discount unless otherwise agreed in writing.
4.10 The statutory value added tax rate applicable at the time of invoicing is always shown and calculated as value added tax.
4.11 The consumer only has a right to offsetting if his counterclaims have been legally established or recognized by us.
4.12 Jansen Garten reserves the right to charge surcharges for overtime, nighttime, Sundays and public holidays, as well as for work under difficult conditions that could not be foreseen in advance.
5.1 The client will be informed in writing of the completion of the service with the final invoice. If the client wishes an acceptance inspection, he must carry this out within 10 working days together with the Jansen Garten company. If no acceptance is requested, the service shall be deemed to have been accepted and accepted 10 working days after the partial final invoice/final invoice has been issued. With acceptance, the risk is transferred to the client.
5.2 If the client uses the service or parts of the service, acceptance is deemed to have taken place after 6 days of the start of use.
5.3 Reservations due to known defects must be reported immediately in writing and asserted by the client. Concerns about the type of execution must also be reported in writing without delay. The same applies during the execution phase.
5.4 If the fully or partially performed service is damaged or destroyed prior to acceptance due to force majeure (3.3 or similar) or other unavoidable circumstances for which Jansen Garten is not responsible, we accept no liability.
6 DIMENSIONS AND SAMPLES
6.1 All dimensions are approximate, which may deviate upwards or downwards within the legal norms.
6.2 When trading in natural products, shapes and colors may differ from the images and samples of the materials (e.g. natural stones, plants, etc.) shown as examples. They reduce, as well as any efflorescence on concrete blocks, etc. as well as their dimensional tolerances or inclusions, neither the utility value nor the quality and do not justify complaints.
7.1 The company Jansen Garten only assumes the warranty within the scope of the specifications or the associated plans in the offer. For the rest, reference should be made to §13 VOB/B.
7.2 The warranty periods according to § 13 VOB/B apply.
7.3 For plants (nursery goods, etc.), turf and seed delivered by Jansen Garten, defects must be reported after treatment or processing or immediately after they have been connected to the ground. After the service has been rendered, all maintenance activities (watering, fertilizing, mowing, removing wild herbs) are transferred to the client. A guarantee for growth is not given. If the client requests such an increase guarantee, a separate amount will be charged for this. A growth guarantee that is granted extends to a maximum of one year from delivery and requires that the customer, outside of our care service, has given the plants the right treatment for this plant species. These include i.a. the correct planting depth, fertilization and watering. Cases of force majeure (3.3, heavy rain…) game or other animal and plant pests etc. are not covered by the guarantee. The growth guarantee is not a guarantee in the legal sense.
7.4 Jansen Garten accepts no liability for the building materials, components, plants, seeds, etc. delivered or procured by the customer. This also applies to the customer’s own work and to subsidence damage resulting from earthworks by other contractors.
7.5 If a guarantee case occurs, we initially reserve the right to rectification. Without an express individual contractual agreement, the contractor does not assume any guarantee for a specific quality and/or durability of the delivered goods.
If a guarantee case occurs, we initially reserve the right to rectification. Without an express individual contractual agreement, the contractor does not assume any guarantee for a specific quality and/or durability of the delivered goods.
8.1 Jansen Garten takes the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations.
8.2 The basis for data processing is Art. 6 Paragraph 1 lit. F GDPR, which allows the agreement of data to fulfill a contract or pre-contractual measures.
9 FINAL PROVISIONS
9.1 The place of jurisdiction for all disputes arising from this contract is the general place of jurisdiction of Jansen Garten (District Court of Münster). If the contracting parties are merchants, legal entities under public law or special funds under public law, the place of jurisdiction for all disputes arising from this contract is also the general place of jurisdiction of Jansen Garten.
9.2 Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of the contract with the customer. The wholly or partially ineffective regulation should be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one. The same applies to possible regulation gaps.
9.3 Oral collateral agreements, subsequent changes and additions must be made in writing to be effective.
9.4 The General Terms and Conditions of Jansen Garten will also become part of future contracts if they are not expressly referred to in the subsequent contract.