Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Ecuagenera USA Corp.) via the www.ecuageneraus.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) All orders placed through this web site are subject to confirmation and acceptance by Ecuagenera.
(3) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data, payment, and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. Credit-card, Amazon-Payments, Google pay) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "purchase” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(4) Ecuagenera may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If Ecuagenera requests payment for increased prices, you may cancel the order by giving notice to Ecuagenera, which must be received within seven days of the announcement of the increase.
(5) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorized to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) Ecuagenera reserves the right to restrict sales to retail quantities when supplying resellers and distributors.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. All our products are sent to you in good condition and packaged correctly, we cannot guarantee the condition of the product on arrival. Ecuagenera has an extensive dispute resolution process that must be exhausted before any refunds are issued. All refund applications will be carefully considered and given at the discretion of the Company Management.
§ 5 Security and Privacy
a) Ecuagenera’s mission is to provide a secure and pleasant environment for our clients, where all information provided by you is protected by the latest security technology. Ecuagenera will comply with Ecuagenera's Privacy Statement. Ecuagenera will not reveal your personal information to external organizations except for the purposes of fulfilling your order.
b) Our website is secured with Secure Sockets Layer (SSL), an advanced encryption protocol, which is the recognized industry standard worldwide for such sensitive transactions, making it safe for you to shop with a credit card on the Internet.
c) The information provided to us by our customers is not sold, rented or loaned to any third party. The information may be used by Ecuagenera to improve our product and content offering.
d) Your personal information (delivery address, telephone number, e-mail address, and special delivery instructions) help us to deliver your order on time and to the correct location. This information is always reconfirmed by e-mail.
II. Customer information
1. Identity of the seller
Ecuagenera USA Corp.
3600 PLYMOUTH SORRENTO RD
FL 32712 APOPKA
Telephone: +1 941-960-6950
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Main features of the product or service
Ecuagenera aims at including up-to-date pictures of all of the goods on this web site. However, our picture of the goods may differ from the actual goods.
The flowers of many species are variable in color, size, and shape, however we try to represent the flower color as accurately as possible, but the representation can vary due to flash, natural light, sun, shade, and artificial light, thus the colors represented on our website are not always exact. Please consider these pictures as approximations.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. Taxes may change according to the destination of the goods.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
- For each online order, you must pay:
- the applicable price for the relevant goods confirmed by Ecuagenera; and
- the delivery and handling fees specified on the order at that time.
5.3 If delivery is made to countries outside of the US, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
5.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote. Your order and credit card details are safe and secure.
- At this stage we can only accept payments using the methods stated on this web site.
5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
6.3 Ecuagenera or its agent will deliver the goods you order to the address you specify in your order, within the agreed time frame, subject to their availability. Where the goods are not available you will be notified of this by Ecuagenera as soon as possible. Anyone at the delivery address who receives the goods will be presumed by Ecuagenera to be authorized to receive the goods.
If you are a businessman, the delivery and shipping operations take place at your own risk.
- Any liability of Ecuagenera in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law,
- at the election of Ecuagenera be limited to:
- in relation to goods, the replacement of the goods or the supply of equivalent goods; and
- in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
8. Changes To Terms:
- Each order is governed by the terms and conditions current when the order is placed. Ecuagenera may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these
- terms and conditions each time you place an order.