Terms of service
Terms and Conditions
Upgreens UG (haftungsbeschränkt) Last updated: 11/10/2026
§ 1 Scope, provider
(1) These terms and conditions apply to all contracts concluded through the online shop at upgreens.shop between
Upgreens UG (haftungsbeschränkt) Robert-Bürkle-Str. 3 85737 Ismaning Germany
Represented by the managing director: Julius Bastl Register court: Amtsgericht München Register number: HRB 313029 VAT identification number under § 27a UStG: DE463459161 Email: hey@upgreens.team Phone: +49 89 96228640-1
– hereafter "provider" – and the customer.
(2) A consumer is any natural person who enters into a legal transaction for purposes that predominantly can be attributed neither to their commercial nor to their self-employed professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding the legal transaction (§ 14 BGB).
(3) Deviating, conflicting or supplementary terms of the customer do not become part of the contract unless the provider expressly agrees to their validity in text form.
(4) The version of these terms embedded in the shop at the time of the order is the one that applies.
§ 2 Conclusion of contract
(1) The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding invitation to order.
(2) The customer places the desired items in the cart, goes through the order process and, by clicking the "Buy now" button, submits a binding offer to purchase the goods in the cart.
(3) Before submitting the order, the customer can check and change their entries using the usual keyboard and mouse functions, the back function of the browser and the correction options in the order overview.
(4) The provider confirms receipt of the order without undue delay by email. This confirmation of receipt does not yet constitute acceptance of the offer. The contract comes into existence as soon as the provider declares acceptance of the order separately in text form or ships the goods and informs the customer of this. With payment through a payment service provider where payment is triggered directly on completing the order, the contract comes into existence on confirmation of the payment instruction.
(5) The provider reserves the right to limit orders to household quantities and to reject orders where there are indications of commercial resale without a corresponding agreement.
§ 3 Contract language, storage of the contract text
(1) The contract is concluded in German. If the shop is offered in further languages, the German version of these terms applies, unless mandatory consumer protection provisions state otherwise.
(2) The provider stores the contract text and sends the customer the order data and these terms and conditions in text form. The contract text can be retrieved through the order confirmation and through the customer account, if one was created.
§ 4 Prices, shipping and return costs
(1) All stated prices are final prices in euros and include statutory VAT.
(2) In addition to the price of the goods, shipping costs of 7.90 euros apply if the order value is below 60 euros. From an order value of 60 euros the provider ships free of charge. Shipping costs are shown on the shipping page and at the latest in the order overview before the order is submitted.
(3) For deliveries to countries outside the European Union, additional customs duties, import charges, import VAT and handling fees may apply. These are borne by the customer. The provider has no influence on the amount or the levying of these charges.
(4) The direct costs of the return are borne by the customer, both in the case of withdrawal under § 7 and when exercising the right of return under § 8. Unpaid parcels are not accepted.
(5) By way of exception to paragraph 4, the provider refunds the costs of the return up to the amount of the cheapest standard shipping if the return is sent within fourteen days of delivery and the goods come back unused. Unused in this sense means: complete in the original packaging, seals on seeds, substrate and plant nutrient intact, no substrate filled in, no seeds sown, water tank empty and dry.
§ 5 Payment
(1) The payment methods shown in the order process are available. The provider reserves the right to exclude individual payment methods in individual cases.
(2) If a payment method is selected that is processed through an external payment service provider, that provider's terms apply in addition. The provider points out the respective service provider during the order process.
(3) With advance payment, the invoice amount is to be transferred within seven days of conclusion of the contract to the account named in the order process. The goods are shipped after payment has been received in full.
(4) If the customer falls into default of payment, the provider is entitled to charge default interest at the statutory rate. The assertion of further damages remains reserved.
(5) The customer has a right of set-off insofar as their counterclaims have been legally established, are undisputed or have been acknowledged by the provider, or arise from the same contractual relationship. The customer may exercise a right of retention only insofar as the claims result from the same contractual relationship.
§ 6 Delivery, availability, passing of risk
(1) Delivery is made to the delivery address stated by the customer. Deliveries to parcel stations are possible insofar as this is offered during the order process.
(2) The delivery time is stated on the respective product page. Unless stated otherwise, it is three to five business days after conclusion of the contract for deliveries within Germany, and after receipt of payment in the case of advance payment.
(3) If the ordered goods are not available because the provider is not supplied by its supplier through no fault of its own, the provider may withdraw from the contract. The provider informs the customer without undue delay about the unavailability and refunds any consideration already rendered without undue delay. This requires that the provider has concluded a congruent covering transaction and that neither the provider nor its supplier is at fault. Further claims of the customer remain unaffected.
(4) Partial deliveries are permitted insofar as they are reasonable for the customer. No additional shipping costs arise for the customer as a result.
(5) For consumers, the risk of accidental loss and accidental deterioration of the goods sold passes on handover to the customer. For entrepreneurs, the risk passes on handover of the goods to the transport service provider.
§ 7 Right of withdrawal
(1) Consumers have a statutory right of withdrawal. The details follow from the withdrawal policy, which is available in the shop and is provided to the customer in text form before the order is placed and with the order confirmation. The direct costs of the return are borne by the customer; § 4 (5) remains unaffected.
(2) Under § 312g (2) BGB there is, among other things, no right of withdrawal for contracts on goods that are not prefabricated and for whose production an individual choice or decision by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer, and for sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
(3) For entrepreneurs there is no right of withdrawal.
§ 8 Contractual right of return (90-day money-back guarantee)
(1) In addition to the statutory right of withdrawal under § 7, the provider grants consumers a contractual right of return of 90 days. The period begins on the day on which the customer or a third party named by them, who is not the carrier, took possession of the goods. The statutory right of withdrawal continues to exist alongside it and is neither restricted nor tied to additional conditions by this right of return.
(2) The right of return applies to the Kitchenforest in the standard versions Pfeffer, Salz, Sesam and Safran, ordered through upgreens.shop with delivery to Germany or Austria. It does not apply to individually configured versions within the meaning of § 7 (2), not to versions ordered through the configurator with a deviating color, deviating material or deviating surface, not to separately ordered accessories or consumables, not to purchases by entrepreneurs and not to goods obtained through trade partners.
(3) It is exercised by a declaration in text form to hey@upgreens.team stating the order number. No reason is required. The provider confirms receipt and sends the return documents.
(4) The customer may use the Kitchenforest as intended within the period, in particular fill it, plant it and harvest from it. No compensation is demanded for the resulting loss in value.
(5) The return is made in the original packaging. If it is missing, the right of return under this paragraph cannot be exercised. To be returned are device, light bar, rods, pots, power supply and USB-C cable. Used substrate, used seeds and used plant nutrient do not have to be returned and are not deducted. The customer empties pots and water tank before the return.
(6) If the provider establishes on receipt of the return that the device is damaged, that the electrics, the watering or the device structure have been tampered with, or that components are missing, it may deduct an amount equal to the estimated loss in value from the refund. Damage covered by a guarantee declared by the provider or by statutory liability for defects is excluded from the deduction.
(7) The direct costs of the return are borne by the customer. Unpaid parcels are not accepted.
(8) After the declaration of return, the goods are to be sent within fourteen days. The provider refunds the purchase price actually paid within fourteen days of receipt of the goods, to the payment method originally used. Original delivery costs are not refunded under this right of return.
(9) If the goods do not arrive or the content of the return does not match the order, the claim under this right of return lapses. The statutory rights of the customer remain unaffected.
(10) The right of return belongs to the first purchaser and is not transferable. It applies once per customer account and per delivery address and covers one device; if several devices are bought in one order, it applies to one of them. After a return has been exercised, there is no right of return under this paragraph for further orders from the same customer account or the same delivery address. The provider may also exclude it if orders evidently serve resale or if incorrect information is given during processing; the exclusion is communicated in text form before the next order. The statutory right of withdrawal under § 7 remains unaffected in all cases.
§ 9 Retention of title
(1) The delivered goods remain the property of the provider until payment in full.
(2) Towards entrepreneurs, the goods remain the property of the provider until all claims from the ongoing business relationship have been settled in full. The entrepreneur is entitled to resell the goods in the ordinary course of business. The entrepreneur hereby assigns to the provider all claims in the amount of the invoice that accrue to them from the resale. The provider accepts the assignment. The entrepreneur remains authorized to collect the claim.
§ 10 Liability for defects
(1) Statutory law on liability for defects applies.
(2) Towards entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from delivery. The statutory limitation periods for the right of recourse under § 445a BGB remain unaffected. Also unaffected are claims for injury to life, body or health, for intentional or grossly negligent breach of duty and for fraudulently concealed defects.
(3) Towards entrepreneurs, the duty to examine and give notice of defects under § 377 HGB applies.
(4) Natural deviations in color, growth form and condition of plants, seeds and substrates do not constitute a defect. The same applies to production-related, customary deviations in the color tone and surface of the plastic parts.
§ 11 Seeds, plant growth, intended use
(1) The seeds supplied meet the statutory requirements for germination capacity and varietal purity at the time of filling. A particular harvest yield, a particular growth height or a particular harvest date are not assured. Growth results depend on location, room temperature, water quality, care and handling and lie outside the provider's sphere of influence.
(2) The durability information on the seed packaging is to be observed. After the stated period, germination capacity may decline.
(3) The product is intended for indoor use. The customer must observe the supplied operating instructions and the safety notices. The provider is not liable for damage resulting from use contrary to the intended purpose, from unauthorized interference with the device or from the use of power supplies that are not approved.
(4) The supplied plant nutrient is to be dosed according to the instructions for use and kept out of the reach of children.
§ 12 Guarantees
(1) A guarantee going beyond statutory liability for defects exists only insofar as it has been expressly declared for the respective article. The content of such a guarantee follows from the respective guarantee declaration, which is made available to the customer before conclusion of the contract. The statutory rights of the customer are not restricted by a guarantee.
(2) Independently of this, the contractual right of return under § 8 exists.
§ 13 Liability
(1) The provider is liable without limitation for damage from injury to life, body or health based on a breach of duty by the provider, a legal representative or a vicarious agent, and for damage based on intent or gross negligence.
(2) The provider is furthermore liable without limitation under the Product Liability Act and within the scope of a guarantee assumed by the provider.
(3) In the case of slightly negligent breach of a material contractual duty, liability is limited to the typical, foreseeable damage. Material contractual duties are those duties whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.
(4) Otherwise, the liability of the provider is excluded.
(5) The above liability provisions also apply in favour of the legal representatives and vicarious agents of the provider.
§ 14 Vouchers, discount codes, misuse
(1) Promotional vouchers and discount codes are issued free of charge as part of promotions and can be redeemed only within the stated period and once.
(2) Individual products or product groups may be excluded from redemption. Redemption takes place before the order process is completed. Subsequent crediting is excluded.
(3) The value of a promotional voucher is neither paid out in cash nor subject to interest. Several promotional vouchers cannot be combined.
(4) If the value of the voucher is not sufficient, the difference can be settled through one of the payment methods offered. Any remaining credit is not refunded.
(5) If the order is withdrawn in whole or in part or returned under § 8, the claim to a new issue of the voucher lapses. The amount actually paid is refunded.
(6) Promotional vouchers are not transferable and not intended for resale. Personal codes, in particular partner and creator codes, may only be redeemed by the authorized person and their audience.
(7) The provider may block vouchers and discount codes and reject an order if there are indications of misuse, in particular in the case of multiple redemption through different accounts, payment methods or delivery addresses, automated redemption, publication of personal codes on voucher or coupon portals, and orders that evidently serve resale. Orders already shipped remain unaffected.
§ 15 Take-back of waste electrical equipment
(1) The device offered contains electrical components and must not be disposed of with household waste at the end of its life. The symbol of the crossed-out wheeled bin on the device indicates this obligation.
(2) End users can hand in old devices free of charge at public waste disposal authorities and at distributors obliged to take them back under § 17 ElektroG.
(3) The provider voluntarily takes back old devices of the type it distributes. For processing, the customer contacts hey@upgreens.team by email. The provider then communicates the return modalities.
(4) Before handing in an old device, the end user must remove batteries and accumulators that are not enclosed by the device, as well as lamps that can be removed without destruction, and dispose of them separately.
(5) The end user is responsible for deleting personal data on old devices to be disposed of.
§ 16 Consumer dispute resolution
The provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
§ 17 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law applies only insofar as it does not withdraw the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.
(2) If the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the registered office of the provider. The same applies if the customer has no general place of jurisdiction in Germany or if their domicile or habitual residence is not known at the time the action is brought.
(3) Changes or additions to these terms require text form.
