General Terms and Conditions
1.1. On the plantations of Green Wood International AG (GWI) in Germany and countries of the EU, Paulownia trees are planted and cultivated according to a self developed, sustainable and systematic plantation management system. Maintenance occurs according to ecological standards while adhering to international guidelines regarding sustainable forestry and plantation management.
1.2. In the myTreeme project, GWI on principle plants at least one-year-old trees/roots of the species Paulownia on their plantations.
1.3. The Paulownia trees from GWI’s standing stock should grow to fellable trees over 12+2 years within the normal and expectable course of events. The standing tree stock is harvested when they reach maturity.
1.4. In the context of the myTreeme – Gift Tree project, profit-sharing rights to GWI’s trees on the GWI plantations are sold exclusively via the internet and there, exclusively on the website www.mytreeme.com.
2. Object of Purchase / Risk
2.1. The trees planted by GWI on the GWI plantations legally constitute an essential part of the land. The buyer knows that by law he/she cannot acquire economic ownership of the trees purchased. Compulsory law as well as organisational reasons connected to harvesting the trees and utilising the wood oppose this. Each tree, however, is separately allocated to the individual buyer and entered into a corresponding Purchase Register in the buyer’s name. The buyer is aware that the profit-sharing right linked to the trees is dependent on the quality of the wood produced by the specific tree and on the prices obtainable in the timber market.
3. Sales Contract / Conclusion of Contract
3.1. When acquiring profit-sharing rights to one of GWI’s trees in the form of a Tree Certificate via www. mytreeme.com, the buyer has the option to check all the information in the shopping cart such as name, address, method of payment and ordered item once again and possibly change it before sending his/her order. When, after providing all relevant data and on accepting these GT&C as well as the data protection conditions, the buyer clicks the button “buy“, a binding offer is made to GWI. This is considered accepted by GWI when the buyer receives the order confirmation by email.
3.2. When clicking the “buy” button, the buyer acquires a profit-sharing right linked to a specific tree at a specific price from GWI.
3.3. The buyer’s purchase price is derived from the offer on GWI’s purchase page, www.mytreeme.com and must be paid without deductions when activating the buy button. The buyer has no further payment obligations beyond the agreed purchase price. Moreover, all costs are covered by paying the purchase price. Moreover, all costs are covered by paying the purchase price.
3.4. The profit-sharing rights are paid out to the buyer in accordance to Points 5.1 to 5.5. after harvesting the trees .
3.5. Apart from that, returning the Tree Certificate against reimbursement of the purchase price is excluded subject to the statutory right of withdrawal (see Point 14).
3.6. The trees planted by GWI are legally and without restriction the property (owned areas) or in the possession (leased areas) of GWI. Any additional guarantee is excluded subject to Point 8.1.
3.7. At the time of acquisition, the Paulownia saplings are being cultivated by a qualified forestry institute. The trees/roots are planted in the final Treeme plantations when they are at least one year old.
4. Purchase Processing / Conclusion of Contract
4.1. After the “buy” button has been activated and the purchase price credited to
GWI’s account, the buyer’s information is entered into the Purchase Register. The buyer receives an order confirmation by email. A printed Tree Certificate for each tree purchased is automatically sent to the buyer by post within three to ten working days. Each tree is clearly numbered. The tree number is stated on the Tree Certificate. When receiving the order confirmation by email, the buyer acquires the right to the number of profit- sharing rights that corresponds to the order. The right is made concrete by entering the buyer’s data into the Purchase Register as well as by communicating the tree numbers specified on the Tree Certificate when handing out the Tree Certificate. The profit-sharing rights are settled and paid out in accordance with Points 5.1 to 5.5.
4.2. Every buyer of and interested party in myTreeme can set up an individual customer account on the website www.mytreeme.com in the “my account” section. Orders placed are automatically registered and administered there.
4.3. After transplanting the trees into the plantations, the buyer will also be informed of the location and allocation data of the plantation.
4.4. The buyer can, however, only sell or give away the profit-sharing rights (tree/trees) to a third party by transferring all rights and duties under the purchase contract, including the rights and duties arising from these GT&C and assigning the profit-sharing rights (tree/trees) to him/her. Without a notification to GWI, the last person registered in the Purchase Register is considered the owner of the rights under the purchase contract.
4.5. The Tree Certificate is not considered a security in the legal sense. Posting this may take 3 to 14 days after completing the order, depending on the place of residence of the entitled person.
5. Acquisition as a Gift / Transfer of Ownership
5.1. The legal transfer of the profit-sharing right (tree) to another person requires the buyer’s declaration of transfer and the concurring acceptance from the beneficiary/purchaser.
5.2. Together with the Tree Certificate, the buyer receives the necessary transfer code for every tree which is required to transfer the profit-sharing right and is printed on the Tree Certificate. By placing his/her order and by acknowledging these GT&C, the buyer agrees that a third party can register as the new owner of the profit-sharing right linked to a corresponding tree on the website www.mytreeme.com/registration by using the transfer code. Buyers who have doubts about the legal use of a transfer code should contact GWI immediately at [email protected] GWI assumes no liability for the misuse of the transfer code. The buyer is solely responsible for the safe storage and handing over the Certificate in the context of a donation or sale.
5.3. In order to be registered as the new owner of a profit-sharing right, the beneficiary/purchaser must register at www.mytreeme.com/registration using the transfer code received from the original buyer. When registering, entering the transfer code opens the input screen where the personal data of the beneficiary/purchaser is entered.
5.4. After entering his/her personal data, the beneficiary/purchaser must confirm its storage by GWI as well as the acceptance of the GT&C by clicking on the button “agree to transfer”. This confirmation formally completes the donation/purchase process.
5.5. If an under-aged beneficiary is to be registered, registration must be made by a legal guardian. This is ensured by the fact that when the date of birth of the minor is entered, an additional screen appears to collect the consent and data of the legal guardian. Should there be two legal guardians, the consent of one person is sufficient for GWI.
5.6. The transfer code printed on the Tree Certificate is only valid and usable for the first transfer of the profit-sharing right. If a beneficiary/purchaser wishes to transfer his/her profit-sharing right, he/she must request a new transfer code in writing at [email protected]
5.7. After the registration of the beneficiary/purchaser has been finalised, both the buyer as well as newly registered person receive confirmation by email that the donation/transfer of ownership has been completed.
5.8. As long as the registration of a recipient/new beneficiary has not been finalised, the original buyer is considered the exclusive owner by GWI.
6. Service Agreement
6.1. When activating the buying screen, the buyer assigns and authorises
GWI to take the best possible measures required to develop and maintain the value of the trees. Due to the specification of the insurance (Point 11), this order is irrevocable.
6.2. In order to assure ideal growing conditions, GWI and its contracting parties have regular maintenance work performed by experts so that the trees are provided with the best nutrients, space and light. The actions of caring for the trees as well as the exact time of the final harvest are determined by the growth profile and size of the trees as well as by economic factors such as the market price of exotic woods.
6.3. In the interest of the buyer, GWI undertakes to ensure that the trees are expertly felled at the correct time (date of harvesting). The date of harvesting is given when the tree has reached a trunk diameter of about 35 to 45 cm. Specifying the harvest period is at GWI’s discretion and should occur within 10 to a maximum of 14 years after planting the tree root. The buyer has no influence on the date of harvesting. However, GWI will inform the buyer holding profit-sharing rights in a plantation of the development status of his/her trees on an ongoing basis and notify him/her ahead of schedule if harvesting is possible sooner than 12 years or appears expedient later than 12 years.
7. Selling the Wood
7.1. The owner hereby accepts that GWI will sell the wood of the trees
to the highest bidder and pay the owner the net income from the wood in line with the following conditions. The GWI is authorised to sell, assign the trunks and tree tops and transfer ownership of these to third parties.
7.2. Gross income corresponds to the price that GWI can obtain from selling the wood of the trees (per tree) and that is actually paid. Net income corresponds to the amount that is to be transferred to the owner’s account.
7.3. In the event that the price obtained from the sale of the wood is 680 Euros per tree or less, net income corresponds to gross income less an administrative fee of 5% (basic gross income).
7.4. In the event that the price obtained from selling the wood exceeds the amount of EUR 680.00 per tree, the net income per tree corresponds to EUR 680.00 plus 50% of the amount which exceeds EUR 680.00 / tree (less an administrative fee of 5%; basis EUR 680.00).
7.5. GWI transfers the net income without interest to the owner’s account within 30 days after receiving the income from selling the wood. On paying the net income, all claims from the buyer under the sales contract expire.
7.6. After the net sales income has been credited to the owner’s account, all rights and duties under the sales contract expire.
8. Areas covered by Plantations
8.1. All areas covered by plantations of the “Treeme” project are leased areas. The main leaseholder of all plantations and the plantation maintenance service provider for Germany is Green Wood Service GmbH (DE).
8.2. When the trees have been harvested, the right to use the
plantation areas expires. The chief tenant/GWI is responsible to utilise and clear the organic material remaining on the plantation areas at its own cost.
9. Liability & Assurances
9.1. GWI guarantees the owner that a tree allocated to the owner which does not grow in the first year after being planted in the plantation will be replaced with a comparable one.
9.2. In no event is GWI liable for damage that is caused due to force majeure. Compensation claims from GWI and its contracting parties are limited to damage which GWI caused intentionally or gross negligently.
10. Control and Harvest
10.1. The owner can view the trees (tree) allocated to him/her after planting in
consultation with the respective plantation management.
10.2. GWI plans the final harvest after 12 years (calculated from the year of acquisition by the buyer). If there are delays in growth compared to the development plan due to climatic and/or technical circumstances, GWI reserves the right to postpone the harvest/felling by up to an additional 2 years.
10.3. The final decision of choosing the trees to be felled and the time of felling is made by GWI.
11. Product Insurance
11.1. In order to safeguard the trees growing in the plantation, GWI has taken out property insurance via Willis-Towers-Watson AG with a major German insurance company. The trees are insured in accordance with the Purchase Register and confirmation of location. The risks and damage covered by the insurance depend on the respectively valid insurance conditions. The insurance conditions can be viewed at GWI. Covered by the insurance are the purchase price and a respective appreciation of 5% p.a., based on the annual growth of the trees from the time the trees are planted in the plantation. In the event of a total loss, the claim is settled at the time of the damage event and in the event of partial loss, at the time of felling (planned harvest).
11.2. If there is a damage event, GWI is obligated to inform the beneficiary persons of the damaged trees as stated in the Purchase Register about the damage event and of the course of the damage claim as soon as possible.
11.3. In a damage event, GWI is obligated, in line with the conditions under Point
11.1. to pay out the insurance claim to the beneficiary according to the inventory list of the affected trees within 30 days after receipt.
12.Supplements/Amendments to the Contract
Supplements and amendments to the contract can only be made jointly and are only valid in the written form. Equal to the written form are electronic messages that can be recorded permanently (such as fax or email).
13. Payment and Invoice Processing
13.1. You have the option to choose the following global methods of payment subject to existing creditworthiness: Mastercard, Visa Card, Amex or against invoice.
13.2. The existing methods of payment to choose from could differ from country to country.
13.3. When placing an order at www.myTreeme.com against invoice, the buyer receives the order confirmation with invoice by email.
14. Right of Cancellation for Users
14.1. As user you have a legal right to cancel your order.
You have the right to cancel your order and withdraw from a contract concluded within fourteen days without providing reason. The cancellation deadline is fourteen days from the day you receive the order confirmation. In order to exercise your right of cancellation vis-à-vis GWI, you must inform us, Green Wood International AG – Im Stadtwald 3 – CH – 9400 Rorschach, at [email protected] by way of a clear declaration (e.g. with a letter sent by post or email) about your decision to cancel this contract. You can use our sample Cancellation form, which is available for download at www. myTreeme.com; this is, however, not mandatory. END OF CANCELLATION INSTRUCTION
14.2. In the event of an effective cancellation, we will reimburse all payments received in connection with the cancelled order immediately and no later than within fourteen days after we receive the order cancellation. We use the same method of payment used during the original transaction, unless expressly agreed otherwise. In no case is a fee charged for this reimbursement. On cancellation, the validity and claim linked to the Tree Certificate lapse. The buyer is automatically deleted from the Purchase Register after reimbursement.
15. Storing the Contract Conditions
15.1. We store the valid conditions of the contract with the buyer, i.e. the order data including personal addresses, first name, last name and email together with these general terms and conditions of business.
15.2. During an online order process, each buyer must agree to his/her contract data and personal information being stored. Without consent, a valid purchase contract with GWI cannot be concluded.
15.3. The latest version of the general terms and conditions of business can be accessed on the myTreeme website at any time even after the purchase contract has ended.
15.4. The order data and the invoice are included with the order confirmation,
which we send to all buyers by email.
16. Data Protection
The buyer herewith agrees to GWI processing and electronically storing the buyer/owner’s data in order to perform the purchase contract. GWI assures that personal data may only be used for the purpose of implementing this contract. When concluding the contract, the buyer declares his/her willingness to receive information from GWI with regard to the development of the GWI plantations and trees (Point 17).
GWI informs the buyer at regular intervals, at least once a year, about the activities and development of the myTreeme project.
18. Applicable Law
This contract is subject to the laws of Switzerland. If you have placed an order as consumer and at the time of the order your regular place of residence is in another country, the use of binding legal provisions of this country is not affected by the legal choice made in sentence 1.
19. Severability Clause
Should one or several provision in these GT&C be or become invalid, either partially or completely, the validity of the remaining provisions is not affected by this. The invalid provision will be replaced by a valid provision that comes closest to the economic goal of both parties in a legally acceptable manner. The same applies to a possible contractual loophole.
AGB of Green Wood International AG – Business Unit myTreeme, Version April 2019, Green Wood International AG I Im Stadtwald 3 I 9400 Rorschach, Switzerland | email: [email protected], www.mytreeme.com