Terms of service
General Terms and Conditions
This English version is a courtesy translation. Only the German version is legally binding.
Upgreens UG (haftungsbeschränkt) Last updated: 29.08.2026
§ 1 Scope, provider
(1) These General Terms and Conditions apply to all contracts concluded via 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 (Munich Local Court) Register number: HRB 313029 VAT identification number pursuant to § 27a UStG: DE463459161 Email: hey@upgreens.team Phone: +49 89 96228640-1
(hereinafter "Provider") and the customer.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into the legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).
(3) Deviating, conflicting or supplementary terms and conditions 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 integrated in the shop at the time of the order applies.
§ 2 Conclusion of the contract
(1) The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding invitation to place an order.
(2) The customer places the desired items in the shopping cart, goes through the ordering process and, by clicking the "Jetzt kaufen" ("Buy now") button, submits a binding offer to purchase the goods in the shopping 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 summary.
(4) The Provider confirms receipt of the order by email without delay. This confirmation of receipt does not yet constitute acceptance of the offer. The contract is concluded as soon as the Provider separately declares acceptance of the order in text form or ships the goods and informs the customer of this. When paying via a payment service provider where payment is triggered immediately upon completion of the order, the contract is concluded upon confirmation of the payment instruction.
(5) The Provider reserves the right to limit orders to normal 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 other languages, the German version of these terms applies, unless mandatory consumer protection provisions provide otherwise.
(2) The Provider stores the contract text and sends the customer the order data and these General Terms and Conditions in text form. The contract text can be accessed via the order confirmation and via the customer account, if one has been created.
§ 4 Prices and shipping costs
(1) All prices stated are final prices in euros and include statutory VAT.
(2) Shipping costs may be charged in addition to the price of the goods. Whether they apply and in what amount is shown on the shipping page and at the latest in the order summary before the order is submitted.
(3) Deliveries to countries outside the European Union may incur additional customs duties, import charges, import VAT and handling fees. These are borne by the customer. The Provider has no influence on the amount or collection of these charges.
§ 5 Payment
(1) The payment methods displayed during the ordering process are available. The Provider reserves the right to exclude individual payment methods in individual cases.
(2) If a payment method processed by an external payment service provider is selected, its terms and conditions apply in addition. The Provider indicates the respective service provider during the ordering process.
(3) For payment in advance, the invoice amount must be transferred to the account stated in the ordering process within seven days of conclusion of the contract. The goods are shipped after full receipt of payment.
(4) If the customer defaults on payment, the Provider is entitled to demand default interest at the statutory rate. The right to claim further damages remains reserved.
(5) The customer has a right of set-off only if their counterclaims have been legally established, are undisputed, have been acknowledged by the Provider or arise from the same contractual relationship. The customer may only exercise a right of retention insofar as the claims arise from the same contractual relationship.
§ 6 Delivery, availability, transfer of risk
(1) Delivery is made to the delivery address specified by the customer. Deliveries to parcel lockers are possible if this is offered during the ordering process.
(2) The delivery time is stated on the respective product page. Unless otherwise stated, it is three to five working days after conclusion of the contract for deliveries within Germany, or after receipt of payment in the case of payment in advance.
(3) If the ordered goods are not available because the Provider, through no fault of its own, is not supplied by its supplier, the Provider may withdraw from the contract. The Provider informs the customer of the unavailability without delay and refunds any consideration already paid without 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. The customer does not incur any additional shipping costs as a result.
(5) For consumers, the risk of accidental loss and accidental deterioration of the goods sold passes upon handover to the customer. For entrepreneurs, the risk passes upon handover of the goods to the transport service provider.
§ 7 Right of withdrawal
(1) Consumers have a statutory right of withdrawal. The details are set out in the withdrawal policy, which is available in the shop and provided to the customer in text form before the order is placed and with the order confirmation.
(2) Pursuant to § 312g (2) BGB, there is no right of withdrawal, among other things, for contracts for goods that are not prefabricated and for whose production an individual selection or specification 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 has been removed after delivery.
(3) Entrepreneurs have no right of withdrawal.
§ 8 Retention of title
(1) The goods delivered remain the property of the Provider until paid for in full.
(2) With respect to entrepreneurs, the goods remain the property of the Provider until all claims arising 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 amount that accrue to it from the resale. The Provider accepts the assignment. The entrepreneur remains authorized to collect the claim.
§ 9 Liability for defects
(1) The statutory liability for defects applies.
(2) With respect to entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from delivery. The statutory limitation periods for recourse claims under § 445a BGB remain unaffected. Likewise unaffected are claims for injury to life, body or health, for intentional or grossly negligent breach of duty and for fraudulently concealed defects.
(3) With respect to entrepreneurs, the duty to inspect and give notice of defects under § 377 HGB applies.
(4) Natural variations in color, growth habit and nature of plants, seeds and substrates do not constitute a defect. The same applies to production-related, customary variations in the color shade and surface of the plastic parts.
§ 10 Seeds, plant growth, intended use
(1) The supplied seeds meet the statutory requirements for germination capacity and varietal purity at the time of packaging. No specific harvest yield, growth height or harvest time is warranted. Growth results depend on location, room temperature, water quality, care and handling and are beyond the Provider's control.
(2) The shelf life information on the seed packaging must be observed. After the stated period has expired, germination capacity may decline.
(3) The product is intended for indoor use. The customer must observe the enclosed operating instructions and safety information. The Provider is not liable for damage resulting from improper use, from unauthorized modifications to the device or from the use of power adapters that have not been approved.
(4) The supplied fertilizer must be dosed according to the instructions for use and kept out of the reach of children.
§ 11 Guarantees
A guarantee going beyond the statutory liability for defects only exists if it has been expressly declared for the respective item. The content of such a guarantee is set out in the respective guarantee statement, which is made available to the customer before the contract is concluded. The customer's statutory rights are not restricted by a guarantee.
§ 12 Liability
(1) The Provider is liable without limitation for damage resulting 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 German Product Liability Act and to the extent of any guarantee assumed by the Provider.
(3) In the event of a slightly negligent breach of an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.
(4) Otherwise, the Provider's liability is excluded.
(5) The above liability provisions also apply in favor of the Provider's legal representatives and vicarious agents.
§ 13 Vouchers and discount codes
(1) Promotional vouchers and discount codes are issued free of charge as part of advertising campaigns and can only be redeemed once and within the stated period.
(2) Individual products or product groups may be excluded from redemption. Redemption takes place before the ordering process is completed. Subsequent offsetting is not possible.
(3) The value of a promotional voucher is neither paid out in cash nor does it bear interest. Several promotional vouchers cannot be combined.
(4) If the value of the voucher is insufficient, the difference can be paid using one of the payment methods offered. Any remaining balance will not be refunded.
(5) If the order is withdrawn in whole or in part, there is no entitlement to have the voucher reissued. The amount actually paid will be refunded.
(6) Promotional vouchers are not transferable and are not intended for resale.
§ 14 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 service 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 back devices under § 17 ElektroG.
(3) The Provider voluntarily takes back old devices of the type it sells. To arrange this, the customer contacts hey@upgreens.team by email. The Provider then provides the details for returning the device.
(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 being destroyed, and dispose of them separately.
(5) The end user is responsible for deleting personal data on old devices to be disposed of.
§ 15 Consumer dispute resolution
The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 16 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. With respect to consumers, this choice of law applies only insofar as it does not deprive them of 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 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 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 filed.
(3) Amendments or additions to these terms require text form.
