Terms of service

Last updated: 15 September 2026

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Everleaf GmbH, Linzer Straße 415/7, 1140 Vienna, Austria, phone: +43 1928 3456, email: hi@myeverleaf.com, apply to all contracts for the delivery of goods concluded at a distance between a consumer or entrepreneur (hereinafter "Customer") and the Seller with regard to the Seller's goods and services. The inclusion of the Customer's own terms and conditions is hereby rejected.

A consumer is any natural person who enters into a transaction that is not part of the operation of their business. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. Stock corporations, limited liability companies, cooperatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperative Societies (SCE) are entrepreneurs by virtue of their legal form.

2) Conclusion of Contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer can submit an offer using the order form integrated into the Seller's online shop. After selecting and configuring the desired goods or services and completing the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that concludes the ordering process. After the order has been received, the Customer receives a separate, automated confirmation of receipt of the order(s). Such confirmation does not yet constitute acceptance of the offer.

2.3 The Seller may accept the Customer's offer within three working days by sending the Customer a written order confirmation or an order confirmation in text form (e.g. email), in which case receipt of the order confirmation by the Customer is decisive, or by requesting payment from the Customer after the order has been placed. If both apply, the contract is concluded at the earlier point in time. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the close of the third working day following the sending of the offer. If the Seller does not accept the Customer's offer within this period, the offer is deemed rejected, with the result that the Customer is no longer bound by their declaration of intent.

2.4 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. email) after the order has been sent. Beyond this, the text of the contract will not be made available.

2.5 German and English are available as languages for concluding the contract.

2.6 Order processing and communication generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers residing in the EU have a statutory right of withdrawal of 14 days for distance contracts. For the Everleaf Garden, including the items supplied with it, the Seller voluntarily extends the withdrawal period to 60 days from receipt of the last parcel. For all other goods, the 14 day period applies, even if they were ordered together with the Everleaf Garden. For details, please refer to the withdrawal policy. A distance contract is a contract concluded between the Seller and a consumer without the simultaneous physical presence of both parties, using exclusively means of distance communication (e.g. email, internet, telephone) up to and including the conclusion of the contract.

3.2 The Customer may declare their withdrawal in any unequivocal manner, for example by email to hi@myeverleaf.com, by using the model withdrawal form or via the return function in their customer account. The return function in the customer account serves to simplify the process. The validity of the withdrawal does not depend on confirmation by the Seller.

3.3 After receipt of the declaration of withdrawal, the Seller will provide the Customer with one or more return labels by email upon request. The Everleaf Garden is usually returned in two parcels.

3.4 The Customer bears the direct costs of returning the goods. If the Customer uses the return label provided by the Seller, the shipping costs actually incurred for it will be deducted from the refund amount. The amount of these costs depends in particular on the number, weight and size of the parcels and on the country of dispatch. The Seller will inform the Customer of the amount no later than together with the return label. The Customer is free to return the goods instead at their own expense using a carrier of their choice to the return address stated in the withdrawal policy.

3.5 The Seller kindly asks that the goods be returned in their original packaging where possible and that the water tank of the Everleaf Garden be completely emptied and left to dry before it is returned. Returning the goods without their original packaging does not restrict the right of withdrawal.

3.6 Entrepreneurs have no right of withdrawal.

3.7 Voluntary right of return for customers in Switzerland: Under Swiss law, there is no statutory right of withdrawal for distance contracts. The Seller voluntarily grants consumers residing in Switzerland a right of return of 14 days from receipt of the goods. For the Everleaf Garden, including the items supplied with it, the period is 60 days from receipt of the last parcel. Sections 3.2 to 3.5 apply accordingly to the exercise and processing of this right. The Customer bears the costs of the return, including any customs clearance costs incurred for the return. The Seller will refund the purchase price within 14 days of receipt and inspection of the returned goods. If the goods are damaged or incomplete, the Seller may reduce the refund amount accordingly.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the Seller's product and service description, the prices shown are total prices including statutory VAT but excluding shipping costs. The applicable shipping costs are calculated once the delivery address has been entered during the ordering process.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such money transfer costs may also arise if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 Please refer to our website for the payment methods accepted by the Seller.

4.4 The carriers used by the Seller are Österreichische Post and DPD.

5) Retention of Title

5.1 The Seller retains title to the goods supplied until the purchase price owed has been paid in full, regardless of whether the Customer is a consumer or an entrepreneur.

6) Delivery and Shipping Conditions

6.1 We deliver our products to Germany, Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Romania, Sweden, Slovakia, Slovenia, Spain, the Czech Republic, Hungary and Switzerland.

6.2 For deliveries to Switzerland, the Seller bears all customs duties and taxes incurred upon import. VAT is not included in the price for deliveries outside the EU.

6.3 Goods are delivered by shipment to the delivery address specified by the Customer in the order.

6.4 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. With regard to the costs of the outbound shipment, this does not apply if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises their right of withdrawal, the return costs are governed by the provisions of the Seller's withdrawal policy.

6.5 If the Customer is an entrepreneur, the risk of loss of or damage to the goods sold passes to the Customer as soon as the Seller has handed the goods over to the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment. If the Customer is a consumer, the risk passes to the consumer only once the goods have been delivered to the consumer or to a third party designated by the consumer other than the carrier. However, if the consumer has concluded the contract of carriage themselves without using an option proposed by the entrepreneur, the risk passes as soon as the goods are handed over to the carrier.

6.6 If delivery is delayed due to force majeure (e.g. pandemic, strike, severe weather, disasters, war), the delivery period is extended by the duration of the resulting delay. Any claims for damages arising from this are excluded. For Customers who are entrepreneurs, this also applies if the delay in delivery is due to other reasons attributable to the suppliers. The Customer's statutory right to withdraw from the contract after setting a reasonable grace period remains unaffected in any case.

7) Warranty and Liability

7.1 The statutory warranty provisions apply. The Seller is liable for ensuring that the goods have the objectively required characteristics in addition to the contractually agreed characteristics. This does not apply if, at the time the contract is concluded, the consumer has expressly and separately agreed to a specific characteristic deviating from the objectively required characteristics, which the consumer does by placing the order after having been specifically informed of this deviation in the product description. If the Customer is an entrepreneur,

an insignificant defect generally does not give rise to warranty claims,
the Seller may choose the type of remedy,
the limitation period does not start again if a replacement is delivered under the warranty.

If the Customer is an entrepreneur within the meaning of the Austrian Commercial Code (UGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 UGB. If the Customer fails to comply with the notification obligations set out therein, the goods are deemed to have been accepted. The Seller's liability for slight negligence is excluded unless personal injury is involved. These liability provisions also apply to the Seller's liability for its vicarious agents and legal representatives.

8) Place of Jurisdiction and Applicable Law

8.1 All legal relationships between the parties are governed by the law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For deliveries to consumers whose place of residence or habitual abode is in the EU, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual abode.

8.2 In relation to entrepreneurs, the court with subject matter jurisdiction at the Seller's registered office is agreed as the exclusive place of jurisdiction.

8.3 The place of performance is the Seller's registered office.

9) Alternative Dispute Resolution

9.1 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

10) Language Version

10.1 These GTC are available in German and English. In the event of any discrepancies, the German version shall prevail.