Terms of service

Terms of Service

Welcome to Sadplants.fun! The terms "we", "us" and "our" refer to Sadplants.fun, operated by Fortify Top Business Solutions UG (haftungsbeschränkt). These Terms of Service (hereinafter "Terms") govern your access to and use of all services, features, and content provided by Sadplants.fun ("Services"). By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

Section 1 - Access and Account

By agreeing to these Terms, you confirm you are at least the age of majority in your place of residence or possess legal parental or guardian consent. You are responsible for all activity conducted under your account and must keep account credentials secure. Accounts may not be transferred or assigned to others.

Section 2 - Our Products / Legal Warranty

We strive to present our products accurately. Please note that, due to differences in device displays, actual colors and appearance may differ from those shown online.

Statutory Warranty (Gewährleistung): Under German law (§§ 437, 475 BGB), consumers have a legal right to a two-year warranty for new goods, starting from the date of delivery. Within the first twelve months, any defect is presumed to have existed at delivery unless proven otherwise. In case of a defect, you are entitled to repair, replacement, reduction of the purchase price, or—if repair or replacement fails—rescission of the contract. These rights cannot be excluded for consumers.

For further details, see Section 15.

Section 3 - Orders

By placing an order, you make a binding offer to purchase the selected products. A contract is only concluded upon our explicit confirmation and once payment is received. Please check your order carefully; cancellation requests may only be accommodated before order dispatch. In case of necessary changes or cancellations by us, we will inform you using the contact information provided with your order.

You represent that your purchases are for private use only and not for resale or export. Order confirmations will be sent in English and/or German. The contract language is English. Your purchases are subject to our Refund and Return Policy.

Section 4 - Prices and Billing

All prices are stated in Euros and include VAT unless otherwise indicated. Prices, discounts, and promotions may change at any time until your order is confirmed. Posted prices do not include shipping or additional charges unless expressly stated. You must provide accurate and current billing, shipping, and payment information. Any applicable taxes and shipping costs will be displayed during checkout.

Section 5 - Shipping and Delivery

We ship via the carrier specified on our website. Delivery times are estimates and may be affected by factors beyond our control. The risk of loss passes to you only upon receipt of the goods. We are not liable for delays due to force majeure, logistics partners, or customs, except as required by statutory law.

Section 6 - Intellectual Property

All content, brands, names, images, layouts, and trademarks on the Services are protected by German, EU, and international intellectual property laws. You may use the Services for private, non-commercial purposes only. Any other use, including reproduction or transmission beyond personal use, is prohibited without written consent. All rights not expressly granted herein are reserved by Sadplants.fun.

Section 7 - Optional Tools

We may provide access to third-party tools "as is" and "as available" without any warranty or liability. It is your responsibility to familiarize yourself with any third-party terms or conditions before use.

Section 8 - Third-Party Links

Our Services may reference third-party sites or resources. We are not responsible for the content, products, or services of such third parties, and any use is at your own risk.

Section 9 - Relationship with Shopify

Sadplants.fun is powered by Shopify. However, all transactions are directly between you and Sadplants.fun. Shopify is not responsible for any aspect of your transaction or any resulting liability, loss, or claims.

Section 10 - Privacy Policy

We process your data strictly in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). All collection and use of personal information is explained in our Privacy Policy [LINK]. Shopify may also process data per their policy [LINK].

Section 11 - Feedback

Any ideas, suggestions, reviews, or feedback submitted to us may be used, modified, or published without obligation of compensation or confidentiality. You confirm your right to use and submit such content and agree it does not infringe third-party rights. Unlawful content will be removed as required by law.

Section 12 - Errors, Inaccuracies and Omissions

Information on our Services may occasionally contain errors or omissions. We reserve the right to correct, update, or cancel orders and information at any time without liability.

Section 13 - Prohibited Uses

You may only use the Services for lawful purposes and as permitted in these Terms. Prohibited uses include but are not limited to: violation of law, harassment, data mining, fraudulent transactions, spreading viruses or malicious code, and unauthorized reproduction of content. We reserve the right to suspend or terminate your account for violations.

Section 14 - Termination

We may terminate or restrict your access to the Services at any time, for any reason. Obligations and rights intended to survive termination—including those related to intellectual property, indemnification, and liability—remain in effect.

Section 15 - Statutory Warranty Rights (Gewährleistung)

As required by German law, consumers have statutory warranty rights for defects in goods for two years from delivery. For defects appearing within twelve months, it is presumed they existed at delivery. In the event of defects, consumers may choose between repair or replacement; in case of failure, reduction of price or rescission. These rights apply in addition to any company guarantee.
Please note: Plants are natural products and may require proper care immediately after delivery. Return shipments must be made in their original packaging and condition.

Section 16 - Liability

To the extent permitted by mandatory German law:
We are liable without limitation for damages caused by intent or gross negligence, for injury to life, body or health caused by negligence or intent, for breaches of guarantees expressly given, and for claims under the German Product Liability Act.
For damages caused by simple negligence in essential contractual duties ("Kardinalpflichten"), liability is limited to typically foreseeable damage. For simple negligence not involving essential duties or bodily injury, liability is excluded. Nothing limits liability where not permitted under statutory law.

Section 17 - Indemnification

You agree to indemnify and hold harmless Sadplants.fun, Shopify, and our affiliates from claims or damages resulting from your breach of these Terms, violation of laws or third-party rights, or misuse of the Services, to the extent allowed under German law.

Section 18 - Severability

If any part of these Terms is held to be invalid or unenforceable, the remaining sections remain valid. The invalid provision will be replaced by the applicable statutory rule.

Section 19 - Waiver; Entire Agreement

Failure to enforce a provision does not constitute waiver. These Terms and any referenced policies constitute the entire agreement between you and us.

Section 20 - Assignment

You may not transfer or assign these Terms or your rights/obligations without our written consent. We may delegate or assign these Terms without your consent, to the extent permitted by law.

Section 21 - Governing Law and Jurisdiction

These Terms are governed by the laws of Germany. For consumers within the EU/EEA, mandatory consumer protection provisions of your country also apply. You may bring legal proceedings in the competent courts of your country of residence or in Berlin, Germany. For businesses, exclusive place of jurisdiction is the registered office of Sadplants.fun (Berlin, Germany).

Section 22 - Headings

Headings are for convenience only and do not affect interpretation of these Terms.

Section 23 - Changes to Terms of Service

We reserve the right to modify these Terms at any time. Changes will be posted on this page with notice given as required by law. Continued use of the Services after updates constitutes acceptance of the revised Terms.

Section 24 - SMS Care Reminders and Plant Care Support

SMS care reminders and other digital notifications are provided as optional support tools only and do not guarantee plant survival or health. Reminders are based on general care schedules and may not account for your plant's specific microclimate, light conditions, or care history.

Plant care remains your responsibility. Sadplants.fun is not liable for plant failure or death resulting from inconsistent care, environmental factors beyond your control, or failure to act on reminders. Our role is educational support and guidance, not horticultural guarantee.

If your plant does not survive despite proper care, you may redeem your TREE credit through our Plant Afterlife Program (refer to our Plant Afterlife Policy for details).

SMS reminders require explicit opt-in consent and comply with German telemarketing regulations. You may unsubscribe from SMS reminders at any time by replying STOP to any message or adjusting your notification preferences in your account settings.

Section 25 - Contact and Legal Information (Impressum)

Fortify Top Business Solutions UG (haftungsbeschränkt)
Hauptstrasse 70,
12159 Berlin
Germany
Registergericht Charlottenburg: HRB 274316
VAT-ID (MwSt-ID): DE454528091
Managing Director: Michiel Top
Email: info@sadplants.fun
Phone: +491712084868

Our complete legal notice (Impressum) as required by § 5 TMG can also be found on our Impressum page.

Section 26 - Right of Withdrawal (Widerrufsrecht)

Consumers have the right to withdraw from online purchases within 14 days without giving reasons, in accordance with §§ 312g, 355 BGB.
Instructions on Withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day you or a third party named by you takes possession of the goods (excluding the carrier).
To exercise your right of withdrawal, you must notify us (see contact above) of your decision to withdraw by means of a clear statement (e.g., by email or letter). You may use the sample withdrawal form on our website, though it is not obligatory.

Effects of Withdrawal: If you withdraw, we will refund all payments received from you, including delivery costs (with the exception of additional costs for a type of delivery other than the standard delivery offered), promptly and at the latest within fourteen days from receipt of your withdrawal notice. Repayment will be made using the same method of payment you used for the original transaction, unless expressly agreed otherwise; in no case will you incur fees as a result of such repayment. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back.

You must return the goods without undue delay and in any event within fourteen days from informing us of your withdrawal. You bear the direct cost of returning the goods. You are only liable for any diminished value of goods resulting from handling other than what is necessary to ascertain the nature, characteristics, and functioning of the goods.

Note on Living Plants: Plants must be returned in their original condition and packaging. Wilting or damage not due to transport may affect your right of withdrawal. Please ensure proper care upon arrival.