{"id":1660,"date":"2026-06-11T11:13:49","date_gmt":"2026-06-11T09:13:49","guid":{"rendered":"https:\/\/bonk-baumschulen.de\/?page_id=1660"},"modified":"2026-06-11T11:14:25","modified_gmt":"2026-06-11T09:14:25","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/bonk-baumschulen.de\/en\/general-terms-and-conditions\/","title":{"rendered":"General Terms and Conditions"},"content":{"rendered":"

General Terms and Conditions of Sale and Delivery (GTC)<\/h1>\n

Bonk Pflanzen Handels GmbH<\/h2>\n

In de S\u00fcr 4
\n26160 Bad Zwischenahn
\nGermany<\/p>\n

Version: June 2026<\/p>\n

The following General Terms and Conditions of Sale and Delivery shall apply to all offers, deliveries, services and contractual relationships of Bonk Pflanzen Handels GmbH with entrepreneurs, commercial customers, resellers and public institutions.<\/p>\n

Any terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions shall not apply unless expressly accepted in writing by Bonk Pflanzen Handels GmbH.<\/p>\n

By placing an order, accepting an offer or receiving a delivery, the customer acknowledges and accepts these General Terms and Conditions.<\/p>\n

I. Scope of Application<\/h2>\n
    \n
  1. These General Terms and Conditions shall apply to all offers, deliveries, services and contracts of Bonk Pflanzen Handels GmbH, hereinafter referred to as the “Seller”.<\/li>\n
  2. Any conflicting or deviating terms and conditions of the Buyer shall not be recognized unless expressly agreed to in writing by the Seller.<\/li>\n
  3. All offers are subject to change and non-binding. A contract shall only become effective upon written order confirmation by the Seller or execution of the delivery.<\/li>\n
  4. Amendments, supplements or ancillary agreements must be made in writing.<\/li>\n<\/ol>\n

    II. Prices and Terms of Payment<\/h2>\n
      \n
    1. All prices are quoted ex works in Euro and are subject to the applicable statutory value added tax (VAT), where applicable.<\/li>\n
    2. Packaging, transportation, tolls, customs duties and other ancillary costs shall be charged separately unless otherwise agreed.<\/li>\n
    3. Catalogue and price list prices may vary if plants are personally selected at our premises.<\/li>\n
    4. The Seller reserves the right to require advance payment, cash on delivery or other appropriate securities.<\/li>\n
    5. Invoices are payable within 30 days from the invoice date without deduction unless otherwise agreed in writing.<\/li>\n
    6. Set-off against claims of the Seller shall only be permitted if the counterclaim is undisputed or has been finally determined by a court.<\/li>\n
    7. Rights of retention may only be exercised insofar as they arise from the same contractual relationship.<\/li>\n
    8. If the financial situation of the Buyer deteriorates significantly, the Seller shall be entitled to demand advance payment or suitable security.<\/li>\n
    9. In the event of late payment, statutory default interest shall apply. The Seller reserves the right to claim additional damages.<\/li>\n<\/ol>\n

      III. Delivery and Shipment<\/h2>\n
        \n
      1. Shipment shall be made at the Buyer’s expense and risk.<\/li>\n
      2. Packaging shall be carried out in accordance with professional standards at the Seller’s discretion.<\/li>\n
      3. Transport insurance shall only be arranged upon the Buyer’s express request and at the Buyer’s expense.<\/li>\n
      4. Reusable packaging, pallets, wire mesh boxes and similar transport equipment shall remain the property of the Seller and must be returned by the Buyer at the Buyer’s expense.<\/li>\n
      5. Delivery by truck requires suitable and freely accessible roads and access routes.<\/li>\n<\/ol>\n

        IV. Delivery Periods and Force Majeure<\/h2>\n
          \n
        1. Delivery dates and delivery periods shall only be binding if expressly confirmed in writing by the Seller.<\/li>\n
        2. Delivery periods shall be extended appropriately in cases of force majeure or other unforeseen events beyond the Seller’s control. Such events include, but are not limited to, drought, frost, hail, flooding, plant diseases, strikes, governmental actions, war, energy shortages and comparable circumstances.<\/li>\n
        3. Partial deliveries shall be permissible insofar as they are reasonable for the Buyer.<\/li>\n
        4. Claims for damages due to delayed delivery shall be excluded unless caused by intent or gross negligence.<\/li>\n<\/ol>\n

          V. Plants, Dimensions and Characteristics<\/h2>\n
            \n
          1. Plants are natural products. Variations in size, color, growth habit and appearance within customary commercial tolerances shall not constitute defects.<\/li>\n
          2. All dimensions and measurements are approximate. Commercially customary deviations of up to 10% shall be deemed acceptable.<\/li>\n
          3. Photographs, illustrations, samples and presentations serve solely for informational purposes and shall not constitute guarantees of quality or characteristics.<\/li>\n<\/ol>\n

            VI. Retention of Title<\/h2>\n
              \n
            1. All delivered goods shall remain the property of the Seller until full payment of all claims arising from the business relationship has been received.<\/li>\n
            2. The Buyer shall be entitled to resell the goods in the ordinary course of business.<\/li>\n
            3. The Buyer hereby assigns to the Seller all claims arising from such resale. The Seller accepts this assignment.<\/li>\n
            4. Pledging or transferring the retained goods as security is not permitted.<\/li>\n
            5. If the value of the securities exceeds the secured claims by more than 20%, the Seller shall release securities at the Buyer’s request.<\/li>\n
            6. Retention of title shall remain effective even if plants have been temporarily stored, potted or planted.<\/li>\n<\/ol>\n

              VII. Warranty and Liability<\/h2>\n
                \n
              1. No guarantee is given for the successful establishment or growth of plants unless an explicit written establishment guarantee has been agreed upon.<\/li>\n
              2. The Buyer shall inspect the goods immediately upon receipt.<\/li>\n
              3. Obvious defects must be reported in writing within eight calendar days after receipt of the goods.<\/li>\n
              4. Hidden defects must be reported in writing immediately after their discovery.<\/li>\n
              5. In the event of justified defects, the Seller shall first be entitled to provide replacement goods or remedy the defect.<\/li>\n
              6. If subsequent performance fails, the Buyer may reduce the purchase price or withdraw from the contract in accordance with applicable law.<\/li>\n
              7. The Seller’s liability shall be limited to intent and gross negligence. This limitation shall not apply to damages resulting from injury to life, body or health or where liability is mandatory under applicable law.<\/li>\n
              8. To the extent permitted by law, any claim for damages shall be limited to the net value of the affected delivery.<\/li>\n<\/ol>\n

                VIII. Plant Variety Protection and Intellectual Property Rights<\/h2>\n
                  \n
                1. The Buyer shall comply with all applicable plant variety protection laws, trademark rights and patent rights.<\/li>\n
                2. Protected plant varieties may not be propagated or distributed in violation of applicable intellectual property rights.<\/li>\n
                3. The Buyer shall impose these obligations on any subsequent purchasers.<\/li>\n<\/ol>\n

                  IX. Place of Performance and Jurisdiction<\/h2>\n
                    \n
                  1. The place of performance for all obligations shall be Bad Zwischenahn, Germany.<\/li>\n
                  2. The exclusive place of jurisdiction for all disputes arising from the business relationship with merchants, legal entities under public law or public-law special funds shall be Oldenburg (Oldenburg), Germany.<\/li>\n
                  3. The laws of the Federal Republic of Germany shall apply exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).<\/li>\n<\/ol>\n

                    X. Final Provisions<\/h2>\n
                      \n
                    1. Should any provision of these General Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.<\/li>\n
                    2. Any invalid provision shall be replaced by a legally permissible provision that most closely reflects the economic purpose of the invalid provision.<\/li>\n
                    3. The current version of the General Terms and Conditions of Bonk Pflanzen Handels GmbH shall apply.<\/li>\n<\/ol>\n

                      Bonk Pflanzen Handels GmbH
                      \nIn de S\u00fcr 4
                      \n26160 Bad Zwischenahn
                      \nGermany<\/p>\n","protected":false},"excerpt":{"rendered":"

                      General Terms and Conditions of Sale and Delivery (GTC) Bonk Pflanzen Handels GmbH In de S\u00fcr 4 26160 Bad Zwischenahn Germany Version: June 2026 The following General Terms and Conditions of Sale and Delivery shall apply to all offers, deliveries, services and contractual relationships of Bonk Pflanzen Handels GmbH with entrepreneurs, commercial customers, resellers and […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1660","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/bonk-baumschulen.de\/en\/wp-json\/wp\/v2\/pages\/1660","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bonk-baumschulen.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/bonk-baumschulen.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/bonk-baumschulen.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/bonk-baumschulen.de\/en\/wp-json\/wp\/v2\/comments?post=1660"}],"version-history":[{"count":3,"href":"https:\/\/bonk-baumschulen.de\/en\/wp-json\/wp\/v2\/pages\/1660\/revisions"}],"predecessor-version":[{"id":1662,"href":"https:\/\/bonk-baumschulen.de\/en\/wp-json\/wp\/v2\/pages\/1660\/revisions\/1662"}],"wp:attachment":[{"href":"https:\/\/bonk-baumschulen.de\/en\/wp-json\/wp\/v2\/media?parent=1660"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}