These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded in the online shop on the website airy.green (hereinafter "AIRY webshop")
between the customer and the
AIRY Green Solutions GmbH
Elbberg 6a
22767 Hamburg
Mail: info@airy.green
Managing directors: Elisabeth and Peer-Arne Böttcher
Commercial register: Local Court Hamburg
Registration number: HRB 181380
Value Added Tax Identification Number according to § 27 a Value Added Tax Act: DE361825922
(hereinafter referred to as "AIRY") concluded.
The following General Terms and Conditions also contain statutory information about your rights under the provisions on distance contracts and electronic commerce.
§ 1 Scope
The following Terms and Conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
Consumer means any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. Entrepreneur means a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
These GTC also apply to future business relationships with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.
§ 2 Conclusion of Contract, Storage of Contract Terms
(1) The presentation of products in the AIRY webshop does not yet constitute a binding offer for sale. The customer can select products from the AIRY webshop assortment and collect them in a virtual shopping cart via a cart button. By clicking the "Order with obligation to pay" button (order button), the customer submits a binding offer to conclude a purchase contract for the goods in the shopping cart (hereinafter "order"). The order button may alternatively be labeled with another clear wording indicating that the consumer commits to payment by pressing the button (e.g., "Buy"). Before submitting the order, the customer can view and change the data at any time.
(2) After the order, AIRY sends the customer an automatic receipt confirmation (hereinafter "order confirmation") by email, summarizing the customer's order and the contract terms including the GTC. The order confirmation does not yet constitute acceptance of the customer's offer by AIRY. A contract between the customer and AIRY is only concluded once AIRY accepts the customer's offer by a separate email or ships the goods.
(3) The contract conclusion takes place in the language in which the offers are made on the website. For the German website airy.green, this is, for example, German.
(4) The contract terms are stored by AIRY after the contract conclusion while maintaining data protection.
§ 3 Delivery, Availability of Goods
(1) Delivery times specified by AIRY are calculated from the time the contract is concluded (§ 2 (2) of these GTC) or from the time the customer's payment is received, whichever is later.
(2) If AIRY cannot meet a binding delivery deadline for reasons beyond AIRY's control (e.g., due to lack of self-supply from upstream suppliers, weather conditions, or force majeure), AIRY will immediately inform the customer, possibly including the new expected delivery deadline. If the new delivery deadline is not acceptable to the customer or the goods are not available within the new deadline or at all, both contracting parties are entitled to withdraw from the contract regarding the respective goods; any consideration already provided by the customer will be refunded by AIRY without delay. The statutory rights of the contracting parties remain unaffected.
§ 4 Payment, Retention of Title
(1) Payment of the purchase price is due immediately upon conclusion of the contract unless the parties have agreed otherwise.
(2) The customer can make payment using the payment methods displayed to them on the website. Depending on the chosen payment method, additional conditions of the providers of the respective payment method (e.g., PayPal) may apply.
(3) Until full payment of the purchase price, the delivered goods remain the property of AIRY.
§ 5 Prices and Shipping Costs
(1) All prices listed in the AIRY webshop include the applicable statutory VAT.
(2) Additional shipping costs incurred will be indicated to the customer in the order form for the respective products and must be borne by the customer.
§ 6 Right of Withdrawal
(1) For all purchases, the statutory right of withdrawal (see § 7) applies for 14 days from receipt of the goods. The goods must be sent within 14 days to the following address:
Orchideen Zentrum Wichmann e.K.
c/o AIRY Green Solutions GmbH
Tannholzweg 1 - 3
29229 Celle - OT Groß Hehlen
Timely dispatch is sufficient to meet the deadline. The customer bears the costs of return shipping and the risk of transport.
(2) A prerequisite for exercising the voluntary return right is that the goods have not been tried beyond what is usual in a retail store and that the goods are returned complete, in their original condition, undamaged, and without defects in the original sales packaging or original box with all accessories and all packaging components (e.g., original box, protective covers, etc.).
(3) AIRY will initially inspect the returned products upon receipt for their original condition and any signs of use and expressly reserves the right to refuse returns if the customer does not comply with the above requirements.
(4) Other rights granted to consumers by law (e.g., statutory right of withdrawal, warranty rights) are not restricted by our voluntary return policy and remain unaffected.
(5) Plants are excluded from returns for production and hygiene reasons. Plants are a living product, which is why their lifespan depends on their care. Therefore, we cannot guarantee the lifespan. AAs a gesture of goodwill, we offer our customers an exceptional testing opportunity for plants that were purchased together with an AIRY system under the product category "AIRYs with Plant." This testing phase applies exclusively to plants bought in this fixed system combination – not for individual plants or plants ordered separately without an AIRY system.
Withdrawal instruction:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. If you ordered multiple goods as part of a single order and these goods are delivered separately, the withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us (AIRY Green Solutions GmbH, Elbberg 6a, 22767 Hamburg, Email: info@airy.green) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email).
To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period expires.
Sample withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back.)
To:
AIRY Green Solutions GmbH
22767 Hamburg
Email
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the orderer(s)
Address of the orderer(s)
Signature of the orderer(s) (only for notification on paper)
Data
----------------------
(*) Delete if not applicable
Consequences of withdrawal
If you withdraw from this contract, we will refund you all payments we have received from you, including delivery costs (except for the additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this refund. We may withhold the refund until we have received the goods back or you have provided proof that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us about the withdrawal of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to handling them in a way that was not necessary to examine their condition, properties, and functioning.
§ 7 Statutory Warranty
AIRY is liable for material and legal defects according to the applicable statutory provisions, in particular §§ 434 et seq. BGB. AIRY's liability for damages is exclusively subject to the provisions of § 8.
§ 8 Liability
(1) Customer claims for damages are excluded. Exceptions are customer claims for damages arising from injury to life, body, health, or from breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on intentional or grossly negligent breach of duty by AIRY, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In case of breach of essential contractual obligations, AIRY is liable only for the typical, foreseeable damage caused by simple negligence, unless it concerns claims for damages of the customer arising from injury to life, body, or health.
(3) The limitations of paragraphs 1 and 2 also apply in favor of AIRY's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 9 Final Provisions
(1) These Terms and Conditions and the contractual relationship between AIRY and the customers are governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention and international private law. However, the statutory provisions restricting the choice of law remain unaffected. In particular, pursuant to Art. 6 para. 2 of Regulation (EC) No. 593/2008 (the so-called "Rome I Regulation") within its territorial scope: If the law of the state in which the customer has their habitual residence at the time of contract conclusion (hereinafter "residence law") contains provisions protecting the customer that may not be deviated from by agreement under the residence law, the (more favorable) provisions of the residence law shall apply to the customer. Thus, despite the choice of law according to sentence 1, the customer enjoys the protection of the mandatory provisions of the residence law.
(2) The contract remains binding in its other parts even if individual points are legally invalid. Instead of the invalid points, the statutory provisions shall apply, if available.
FURTHER IMPORTANT CUSTOMER INFORMATION
Consumer dispute resolution
AIRY does not participate in dispute resolution procedures before a consumer arbitration board.
Status: January 2026