Terms and conditions

1. Scope, provider and eligible customers

These terms and conditions apply to all contracts concluded through this website between GrowScan, Inh. Eyobe Bezabhe, Reigersbergstraße 15, 63743 Aschaffenburg, Germany (“we” or “GrowScan”) and you as the customer.

Our offer is directed exclusively at entrepreneurs. Under § 14 of the German Civil Code an entrepreneur is a natural or legal person or a partnership with legal capacity acting in the exercise of their trade, business or profession when concluding the contract. Legal entities and special funds under public law may also order.

We do not sell to consumers within the meaning of § 13 of the German Civil Code. By submitting your order you expressly confirm that you are ordering for your trade, business or profession.

If someone orders as a consumer contrary to that confirmation, we are entitled to withdraw from the contract and refund any amounts already paid.

Differing terms of the customer do not become part of the contract unless we expressly agree to them in text form. This applies even if we deliver while aware of differing terms.

2. Formation of contract

The presentation of products in the shop does not constitute a legally binding offer but an invitation to place an order.

The “Place binding order” button takes you to the payment page of our payment provider Stripe. By completing payment there you submit a binding offer to buy the goods in your cart. Until then you can correct your entries or cancel at any time.

We accept your offer by sending you an order confirmation by email immediately after successful payment. This concludes the contract.

We may withdraw from the contract if you do not prove your status as an entrepreneur on request, for example with a trade registration, an extract from the commercial register or a VAT identification number, or if a case under section 6 applies. Any amounts already paid will then be refunded promptly and in full.

We store the contract text and send it to you together with these terms by email.

The contract can be concluded in German or in English.

3. Prices and shipping costs

The prices shown in the shop at the time of ordering apply. All prices are final prices.

GrowScan is a small business within the meaning of § 19 of the German VAT Act. No VAT is charged and none is shown on invoices.

Shipping costs of €2.49 apply in addition to the price of the goods. From 3 cards per order, shipping is free.

A valid discount code is applied to the value of the goods, not to shipping costs. Discount codes cannot be combined with other promotions and cannot be paid out in cash.

4. Payment

Payment is processed by the payment service provider Stripe. Credit and debit card, PayPal, Apple Pay and Google Pay are available.

The purchase price is due immediately and is charged through Stripe when the order is completed.

We do not offer payment on invoice, instalments, SEPA direct debit or cash on delivery.

5. Delivery

We deliver within Germany only. The English version of this website does not create any entitlement to delivery abroad.

We prepare orders within 1 working day and hand them to DHL on the following working day. The carrier’s usual transit time of 1 to 3 working days is added to that.

These times are non-binding estimates unless a binding delivery date has been expressly agreed. Delays at the carrier are outside our control.

Handing over goods in person instead of shipping them is possible but creates no entitlement and happens only by arrangement and at our discretion.

6. Responsibility for the stored link

Every card is programmed with a personal GrowScan short address (go.growscan.de). It forwards to the web address you enter in the configurator (target address). The chip is locked against overwriting after programming.

You are responsible for the target address being correct, complete and lawful.

Before you submit your order we show you the entered address once more so you can check it. We cannot accept liability for typing errors, outdated addresses or links to other people’s profiles.

We may withdraw from the contract and refund the purchase price if the target address leads to clearly unlawful, harmful or fraudulent content. If this only becomes apparent later, we may block the forwarding.

7. Forwarding and changing the link

You can have the target address changed at any time free of charge. Simply email info@growscan.de with your order number and the new address. We usually switch the forwarding within 2 working days. There is no need to send the card back.

Forwarding is included in the purchase price. There are no recurring fees.

We operate the forwarding through a technical service provider. Short interruptions due to maintenance or disruptions at the provider cannot be ruled out entirely. Should we discontinue the forwarding, we will inform you by email at least 3 months in advance.

If a card arrives faulty or demonstrably programmed differently from your order, that is a warranty case. In that case we replace it free of charge.

8. No right of withdrawal

The statutory right of withdrawal in distance selling under § 312g of the German Civil Code applies to consumers only. As we sell to entrepreneurs exclusively, there is no right of withdrawal.

We do not grant a voluntary right of return either. This applies in particular to cards that have already been programmed for you.

Your statutory rights in the event of defects remain unaffected. They are set out in sections 10 and 11.

9. Retention of title

The goods delivered remain our property until payment has been made in full.

In contracts with entrepreneurs we further retain title until all outstanding claims from the ongoing business relationship have been settled.

You may resell the goods in the ordinary course of business. You hereby assign to us the resulting claims up to the amount of our outstanding claim. We accept that assignment.

10. Inspection and notice of defects

If the contract is a commercial transaction for both parties and you are a merchant within the meaning of the German Commercial Code, § 377 of that Code applies: you must inspect the goods without undue delay after delivery and report any apparent defect without undue delay. If no notice is given, the goods are deemed approved unless the defect was not apparent on inspection.

If such a defect appears later, it must be reported without undue delay after discovery. Otherwise the goods are deemed approved in that respect as well.

If you are an entrepreneur but not a merchant, for example a small trader or a freelance professional, § 377 does not apply. We still ask you to report transport damage and obvious deviations promptly so that we can settle the case with the carrier. This does not affect your rights.

11. Warranty

Statutory warranty law applies subject to the following provisions.

The limitation period for defect claims is 12 months from delivery of the goods. This deviates from the statutory period under § 438 (1) no. 3 of the German Civil Code and is permissible towards entrepreneurs.

This reduction expressly does NOT apply to: claims for damage arising from injury to life, body or health; claims based on intentional or grossly negligent breach of duty; defects fraudulently concealed; claims under a guarantee given by us; claims under the German Product Liability Act. Statutory periods apply in those cases.

Recourse within the supply chain under §§ 445a, 445b and 478 of the German Civil Code also remains unaffected. If you resell a card supplied by us to a consumer, the statutory periods apply to your recourse claims against us, without the reduction set out above.

If your target address changes later, for example because a handle was renamed, this is not a defect of the card. Let us know the new address and we will switch it free of charge. See section 7.

12. Liability

We are liable without limitation for intent and gross negligence and for damage arising from injury to life, body or health.

In cases of simple negligence we are liable only for breach of a material contractual obligation, meaning one whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely. In that case liability is limited to foreseeable damage typical for this kind of contract.

Any further liability is excluded. Liability under the German Product Liability Act remains unaffected.

What we owe is the delivery of a working, correctly programmed card. We expressly do not owe any commercial result, in particular no specific number of reviews, followers or views.

13. Availability of destination pages

The cards point to pages operated by third parties such as Google, Instagram or TikTok. We have no influence on their availability, design or continued existence.

GrowScan is not affiliated with these companies. If a destination page disappears permanently, this does not constitute a defect of the card.

14. Set-off and right of retention

You may only set off claims that have been established by a final court decision, are undisputed or have been acknowledged by us.

You may only exercise a right of retention to the extent that your counterclaim arises from the same contractual relationship.

15. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is our registered office. This agreement is limited to the group of persons permitted under § 38 of the German Code of Civil Procedure. For all other customers the statutory places of jurisdiction apply.

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board. As we do not sell to consumers, such proceedings do not arise in any case.

Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.