Terms & Conditions

TERMS & CONDITIONS

LifeSpace Gardens & Projects 2017

Please read these Terms & Conditions carefully, as they set out our and your legal rights and obligations. By accepting the quotation or invoice, paying the deposits required and the contract starting, the client is deemed to accept all of the terms and conditions listed below.

  1. General Provisions
    1. These Conditions are binding if they have been declared applicable in the offer or in the confirmation of order. The right is reserved to stipulate agreements to the contrary in the actual individual contract. Provisions of the Buyer to the contrary are valid only insofar as Lifespace Gardens has expressly accepted them in writing.
    2. Any date or dates included in our estimate or quotation are estimated dates and LifeSpace Gardens shall not be in breach of this agreement for failing to start or finish by any date given.           
  1. Conclusion of Contract - Extent of Deliveries and Services
    1. The Contract between the Buyer and Lifespace Gardens goes into effect upon receipt of the confirmation of order in writing from Lifespace Gardens .
    2. The deliveries and services of Lifespace Gardens  are set forth in their entirety in the confirmation of order, including any enclosures thereto.
    3. Data in leaflets, catalogs, and technical documentation are not binding without express agreement.
    4. In the absence of any agreement to the contrary, Lifespace Gardens  retains all rights to plans and technical documentation handed over to the Buyer
  1. Prices
    1. The authoritative prices follow from the confirmation of order of Lifespace Gardens .
    2. The prices shown on the Lifespace Gardens  website are price indications. The right is expressly reserved to adapt prices at any time.
    3. In the absence of any other express agreement, all additional costs shall be borne by the Buyer. This includes especially shipping and packing costs, costs for freight, insurance, permits for export, transit, import, and other permits, certifications, all types of taxes, contributions, fees, customs duties, and the like, which are charged in connection with the Contract. Packing is invoiced at cost price.
    4. The price is valid for 2 months after date on quotation
  1. Payment Conditions
    1. In the absence of any other agreements in writing, payment is to be made without deductions of any kind and within 30 days from the invoice date at the domicile of Lifespace Gardens .
    2. If the Buyer does not respect the payment term, it shall, without reminder, pay interest starting from the due-date amounting 1% per month. If Seller undertakes collection or enforcement efforts, Buyer shall be liable for all costs thereof, including attorney fees. If Buyer is in arrears on any invoice, Seller may, on notice to Buyer, apply the deposit thereto and withhold further delivery until the deposit and all arrearages are brought current. The right to assert further damage is reserved.
    3. For custom orders, projects, and yard garden orders, 50% of payment is due upon acceptance of quotation and 50% due upon delivery of product/materials to site.
  1. Reservation of Property Rights
    1. Lifespace Gardens remains the owner of its entire deliveries until it has received full payment in accordance with the Contract. The Buyer authorizes Lifespace Gardens  upon conclusion of the Contract to have the reservation of property rights entered in the official register at the expense of the Buyer.
  1. Term for Delivery
    1. The applicable term for delivery follows from the confirmation of order in writing from Lifespace Gardens .
    2. The term for delivery begins as soon as the Contract is concluded and the essential technical points have been settled.
    3. The term for delivery shall be reasonably extended if obstacles arise which Lifespace Gardens  cannot avert despite the use of proper care, e.g., in cases of force majeure, in case of late or incorrect supply of the necessary raw materials, semi-finished or finished products, important work pieces becoming defective, accidents, strikes, operational disturbances, or official measures. The term for delivery shall also be extended if the data needed by Lifespace Gardens  for fulfilling the Contract do not reach it in time or if the Buyer subsequently modifies them. Lifespace Gardens  shall also have the right to withhold the service if the Buyer delays the fulfillment of its contractual obligations, e.g., in the case of agreed payment in advance.
    4. In the absence of any other express agreement, the Buyer has no rights and claims vis-à-vis Lifespace Gardens owing to delayed deliveries or services except in the case of unlawful intention or gross negligence on the part of Lifespace Gardens .
  1. Transfer of Benefit and Risk, Insurance
    1. Benefit and risk are transferred to the Buyer upon departure of the deliveries ex factory at the latest.
    2. Transportation takes place in principle at the risk of the Buyer. However, Lifespace Gardens  takes out transportation insurance at the Buyer's expense. Particular wishes with regard to transportation and insurance are to be communicated to Lifespace Gardens  in due time. Complaints and any possible damages in connection with the shipment or transportation are to be sent by the Buyer to the last carrier and to Lifespace Gardens  immediately upon receipt of the deliveries or the shipping documents, but within five days at the latest.
    3. If the carrier leaves the package in their facility causing any delay in the delivery, Lifespace Gardens  will not responsible; therefore, shipping charges will not be refunded
  1. Examination and Acceptance of Product, Deliveries and Services
    1. The Buyer must examine the deliveries from receipt thereof and inform Lifespace Gardens  in writing without delay of any deficiencies. If it fails to do so, the deliveries and services are considered to be approved.
    2. Lifespace Gardens  must correct the reported deficiencies as quickly as possible, and the Buyer must give it an opportunity to do so.
    3. All maintenance and upkeep of gardens and other products becomes the responsibility of the client once the deliveries and services are complete.
    4. LifeSpace Gardens is committed to providing the best possible garden product and service for our customers however LifeSpace Gardens cannot accept any responsibility for horticultural defects or the survival and health of plants, shrubs, and trees once deliveries, services, and the contact has been completed.
  1. Return of Goods
    1. Ordered and correctly delivered goods are taken back only after express previous agreement and with a price reduction insofar as the goods are unused and in mint condition. A 50% restocking fee will be applied to return items.
    2. Returns are not accepted on custom units.
    3. The expense of returns is always borne by the Buyer.
  1. Guarantee, Liability for Deficiencies
    1. The Buyer has no rights and claims because of deficiencies of any kind in deliveries or services other than those specifically mentioned below in this paragraph 10. Other liability and guarantee provisions expressly agreed in the individual Contract are reserved.
    2. The guarantee period is 24 months. This period begins with the departure of the deliveries ex factory. For replaced or repaired parts, the guarantee period recommences and lasts 24 months from the replacement or conclusion of the repair.
    3. Lifespace Gardens undertakes to mend or replace, as it may choose, as quickly as possible, at the request of the Buyer in writing, all parts of the deliveries of Lifespace Gardens  AG which are proven to have become damaged or unusable owing to poor material, faulty manufacture, or deficient execution up to the expiration of the guarantee obligation. Replaced goods revert to the property of Lifespace Gardens.
    4. The guarantee expires prematurely if the Buyer or a third party carries out inappropriate modifications or repairs, or if the Buyer, should a defect occur, does not immediately take all suitable steps to restrict the damage and give Lifespace Gardens  without delay the opportunity to eliminate the defect.
    5. If Lifespace Gardens expressly assured the Buyer of special properties for the ordered goods, this assurance applies only until expiration of the guarantee period, other express agreements being reserved.
    6. If the assured properties are not fulfilled, or only partially, the Buyer first has a claim to appropriate rectification by Lifespace Gardens , for which purpose the latter is to be granted the necessary time. If the rectification is not successful, or only partially, the Buyer has a claim to a reasonable reduction of the price. The Buyer is not entitled to any further claims.
    7. For claims of the Buyer owing to inadequate counseling and the like, or owing to breach of any accessory obligations, Lifespace Gardens  AG is liable only in the event of unlawful intention or gross negligence.
  1. Exclusion of Further Liability of the Supplier
    1. Excluded from the guarantee and liability of Lifespace Gardens  is damage which is proven not to be the result of poor material, faulty manufacture, or deficient execution, e.g., the result of natural wear and tear, deficient or improper handling, or other reasons for which Lifespace Gardens is not responsible.
    2. All instances of breach of contract and the legal consequences thereof, as well as all claims of the Buyer, regardless of the legal grounds on which they are based, are definitively regulated in these Terms and Conditions. In particular, all not explicitly mentioned claims to damages, diminution, termination of the Contract, or withdrawal from the Contract are excluded. In no case do claims of the Contract exist for replacement of damage which has not occurred on the delivered object itself, such as especially cessation of production, losses of use, loss of orders, lost profits and other direct or indirect damage. Liability of Lifespace Gardens for any sort of consequential damage is excluded.
    3. This exclusion of liability does not apply to unlawful intention or gross negligence of auxiliary personnel. Moreover, the exclusion of liability does not apply insofar as compulsory law is opposed thereto.