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General Terms & Conditions

Green World Order · Exclusive Rooftop Terraces and Outdoor Spaces

Version: 19 April 2026

Note: German law applies. In case of doubt, the German version prevails.

§ 1 Scope and Definitions

(1) These General Terms and Conditions (GTC) apply to all contracts, deliveries and services concluded between the Contractor – Green World Order, Samuel A. Dittert, sole proprietor, Abbestraße 17, 10587 Berlin, Germany, VAT ID DE365401326, phone +49 176 40467534, info@greenworldorder.de, greenworldorder.de – and the Client.

(2) A consumer within the meaning of these GTC is any natural person entering into a legal transaction for purposes predominantly outside their trade, business or profession (§ 13 BGB). An entrepreneur is a natural or legal person or a legally-capable partnership entering into the contract in the exercise of their commercial or independent professional activity (§ 14 BGB).

(3) These GTC apply exclusively. Conflicting or deviating terms of the Client shall not become part of the contract unless the Contractor expressly agrees to their validity in writing.

(4) The Contractor provides services and works in the field of planning, design and execution of premium rooftop terraces and outdoor spaces, in particular: planting and soil biology, irrigation, sun protection, outdoor kitchens, wellness areas (sauna, whirlpool), premium furniture, planters, architectural integration, and care and maintenance services.

§ 2 Offer and Conclusion of Contract

(1) Offers by the Contractor are subject to change and non-binding unless expressly marked as binding or containing a binding period.

(2) By placing an order, the Client makes a binding offer. The contract is concluded upon the Contractor’s written order confirmation, delivery of the goods or commencement of the work.

(3) Illustrations, drawings, descriptions, quantities and weights in offers and advertising are approximate only, unless expressly marked as binding. Customary deviations are permissible.

(4) Planning and advisory services are generally subject to compensation unless expressly agreed otherwise. The Contractor advises of this before starting such services.

§ 3 Scope of Services and Changes

(1) The scope of services is determined by the written order confirmation, the offer and the specification.

(2) Changes, additions and collateral agreements require written form to be valid. This also applies to the waiver of the written-form requirement.

(3) Services not expressly commissioned – in particular the obtaining of public-law permits (condominium association, heritage protection, building authority, landlord), structural calculations and load-bearing certifications, architectural services and specialist planning – are the Client’s own responsibility or must be commissioned separately.

(4) The Contractor is entitled to engage sub-contractors, cooperation partners and freelancers to perform its services. Selection is made with due care.

(5) The Contractor reserves the right to make technically necessary or economically sensible changes to the execution, provided the contractual purpose and the essential service characteristics are preserved and the Client is not subjected to unreasonable disadvantages.

§ 4 Prices and Payment Terms

(1) All prices are in euro plus statutory value-added tax, unless otherwise stated.

(2) Unless agreed individually otherwise, payments are due in the following schedule:

  • 30% of the order value upon order placement as a down payment;
  • 40% upon delivery of materials or commencement of execution;
  • 30% upon acceptance or completion of the work.

(3) Invoices are payable within 14 days of the invoice date without deduction. Cash discounts are granted only if expressly agreed.

(4) In the event of payment default, the Contractor is entitled to charge statutory default interest (§ 288 BGB). The assertion of further damages remains unaffected.

(5) Cost estimates are generally non-binding. Any overrun of more than 15% must be notified to the Client in good time; the Client may then terminate the contract within one week, whereby services already rendered and costs incurred shall be remunerated.

(6) The Client may offset or exercise a right of retention only with undisputed or legally established claims.

§ 5 Performance Periods, Force Majeure

(1) Performance dates and deadlines are binding only if expressly marked as binding.

(2) The performance period starts at the earliest when the Client has fulfilled all duties of cooperation (§ 6), in particular made the down payment, granted access to the property and provided required documents (permits, structural certifications).

(3) Delays due to force majeure (natural events, strikes, pandemics, governmental orders), weather interruptions, supply bottlenecks, delays by third parties (suppliers, sub-contractors, cooperation partners) or the Client entitle the Contractor to a reasonable extension of the performance period.

(4) If such delay lasts longer than three months, both parties are entitled to terminate the contract. Services already rendered shall be remunerated.

§ 6 Client’s Duties of Cooperation

The Client undertakes to cooperate and ensures that:

  • the Contractor and its staff are granted timely and unhindered access to the work site;
  • all necessary public-law and private-law permits are in place (consent of the owners’ meeting under § 20 WEG, heritage protection, building authority, landlord consent);
  • the load-bearing capacity of the roof structure and the statics have been verified by a qualified structural engineer before commencement, where heavy installations (planters, whirlpools, saunas, outdoor kitchens) are intended;
  • specific conditions of the property (non-walkable surfaces, sensitive sealing, existing installations, load restrictions) are disclosed to the Contractor before start;
  • water and electricity connections are provided for the work;
  • a suitable storage area for materials and equipment is available on or near the site;
  • where required, special-use permits for scaffolding, barriers, cranes or lifting platforms are obtained.

If the Client breaches these duties and a delay results, the Client bears the additional costs (stand-still times, additional travel, additional scaffolding). The Contractor is entitled to an extension of the performance period.

§ 7 Acceptance

(1) The Client is obliged to accept the work once it has been substantially rendered in accordance with the contract and the Contractor has notified completion.

(2) Insignificant defects do not justify refusal of acceptance. Acceptance of essential partial services is possible where they are independently usable.

(3) Acceptance is deemed to have taken place if

  • the Client uses the work or puts it to use without reservation;
  • a formal acceptance is documented in writing; or
  • the Client does not give written notice of material defects within twelve working days of written completion notification by the Contractor.

(4) Upon acceptance, risk passes to the Client. The warranty period (§ 8) begins with acceptance.

§ 8 Warranty

(1) The Client has the statutory warranty rights subject to the following provisions.

(2) Warranty periods:

  • (a) for work on a building (fixed installations, drainage, structural changes): five years from acceptance (§ 634a (1) No. 2 BGB);
  • (b) for movable items and deliveries: two years from acceptance / delivery (§ 634a (1) No. 1 BGB);
  • (c) vis-à-vis entrepreneurs, for deliveries of used items a warranty period of one year applies, to the extent legally permitted.

(3) Establishment guarantee for plants. An establishment guarantee is agreed individually in the offer. It is only valid if the care and irrigation measures specified by the Contractor are demonstrably followed and presupposes documentation of care (irrigation log, care records) by the Client.

(4) Warranty exclusion. Warranty does not apply to defects and damage caused by:

  • improper care, irrigation or use by the Client or third parties;
  • failure to follow the care manual provided by the Contractor;
  • subsequent modifications or interventions by the Client or third parties;
  • insufficient care or maintenance of drainage systems;
  • ordinary wear and tear, natural ageing or biological processes (e.g. seasonal plant die-back).

Weather damage from exceptional events (hail, storm, extreme frost, heavy rain, flooding) is excluded where the work was executed properly.

(5) Notice of defects. Obvious defects must be notified in writing without delay, at the latest within two weeks after acceptance. Hidden defects must be notified without delay after discovery. Vis-à-vis entrepreneurs, § 377 HGB applies.

(6) In the case of justified notice of defects, the Contractor has the right to rectification or replacement. Further rights of the Client (reduction, withdrawal, damages) follow statutory provisions.

§ 9 Liability

(1) The Contractor is liable without limitation for intent and gross negligence.

(2) For slight negligence, the Contractor is liable only for breach of material contractual obligations (cardinal duties), the fulfilment of which makes proper execution of the contract possible and on whose observance the Client regularly relies. In this case, liability is limited to foreseeable, contract-typical damage.

(3) Liability for consequential damages, lost profits and other indirect financial losses is excluded in cases of slight negligence.

(4) The above limitations do not apply to:

  • damage arising from injury to life, body or health;
  • liability under the Product Liability Act;
  • fraudulently concealed defects or assumed guarantees of quality;
  • mandatory statutory liability.

(5) To the extent the Contractor’s liability is excluded or limited, this also applies to the personal liability of his vicarious agents, employees, representatives and cooperation partners.

(6) Supplementary liability documents and advisory records. For project-specific matters – work at heights, traffic-safety duties for planters near parapets, care and drainage after handover, permits under WEG / heritage / building law – the separately signed advisory and scope records apply as annexes to these GTC. They are signed on a project-specific basis before execution begins.

§ 10 Right of Withdrawal for Consumer Contracts

(1) Consumers (§ 13 BGB) have a right of withdrawal under §§ 355 et seq. BGB for contracts concluded off-premises (§ 312b BGB) and distance contracts (§ 312c BGB). The withdrawal period is 14 days from the conclusion of the contract or, in the case of delivery of goods, from receipt of the goods. The withdrawal instruction in accordance with the model under Annex 1 to Art. 246a § 1 (2) EGBGB is provided separately.

(2) The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for which individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer (§ 312g (2) No. 1 BGB). This includes made-to-measure items, individually composed plantings and items specifically ordered for the project. For these items a separate waiver is obtained.

(3) Entrepreneurs (§ 14 BGB) have no statutory right of withdrawal. A corresponding confirmation of entrepreneur status is obtained separately.

§ 11 Retention of Title

(1) All delivered goods and materials remain the property of the Contractor until full payment of all claims from the business relationship (reserved goods).

(2) For contracts with entrepreneurs, the reserved goods also remain the property of the Contractor if they are processed, transformed or combined with other items (extended retention of title).

(3) The Client shall treat the reserved goods with care. In case of third-party access (e.g. attachment) to the reserved goods, the Client shall immediately inform the Contractor and point out the Contractor’s title.

§ 12 Copyright and Usage Rights

(1) All planning documents, designs, concepts, drawings, visualisations, specifications and documentation prepared by the Contractor are protected by copyright.

(2) Use of these documents is permitted exclusively within the scope of the respective contract. Without the Contractor’s express written consent, the following are prohibited:

  • transfer to third parties;
  • use for execution by third parties;
  • duplication beyond the contractual purpose;
  • commercial exploitation.

(3) The Contractor reserves the right to use executed projects for its own reference and marketing purposes (in particular photographic documentation, publication on website and social media, publications in trade media), unless the Client expressly objects in writing. Personal data of the Client will not be published without separate consent.

§ 13 Data Protection

(1) The Contractor processes personal data of the Client exclusively for contract fulfilment and to comply with legal obligations (accounting, tax law) in accordance with the GDPR and the Federal Data Protection Act (BDSG).

(2) Transfer to third parties is made only to the extent required for contract fulfilment (e.g. to cooperation partners, suppliers, sub-contractors) or as legally required.

(3) The full privacy notice is available at greenworldorder.de/en/datenschutz. The Client has statutory rights to information, correction, deletion, restriction of processing, data portability and objection.

§ 14 Confidentiality

(1) Both parties undertake to keep confidential all confidential information obtained from the other party within the scope of the business relationship – in particular trade secrets under GeschGehG, pricing information, calculations, customer data, processes and formulations – and to use it only within the scope of the business relationship.

(2) The confidentiality obligation continues without time limit beyond the end of the contract, but at a minimum for five years, to the extent that the information still qualifies as a trade secret at that time.

§ 15 Final Provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Vis-à-vis consumers, this choice of law only applies insofar as it does not deprive the consumer of the mandatory protective provisions of the law of the state in which he has his habitual residence.

(2) Amendments and additions to these GTC require written form. This also applies to the waiver of the written-form requirement. An amendment of these GTC is announced to the Client in text form in good time for continuing obligations; it is deemed approved if the Client does not object within six weeks and the Contractor has drawn attention to this consequence.

(3) Severability. Should any provision of these GTC be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely approximates the economic purpose of the original provision. The same applies to gaps in the regulation.

(4) Place of jurisdiction. For merchants, legal persons under public law and public-law special assets, the exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship is Berlin. The same applies to persons who do not have a general place of jurisdiction in Germany. The Contractor is entitled to sue the Client also at the Client’s general place of jurisdiction.

(5) Consumer dispute resolution. The Contractor is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG). The EU Commission’s online dispute resolution platform is accessible at ec.europa.eu/consumers/odr.

(6) Annexes. The following advisory and scope records, where project-relevant and separately signed, are part of these GTC:

  • Information on work at heights;
  • Information on planters near parapets (traffic-safety duty);
  • Information on care and drainage after handover;
  • Information on permits (WEG, heritage protection, building law);
  • Notice of exclusion of the right of withdrawal for made-to-order items.

Green World Order · Samuel A. Dittert, sole proprietor · Abbestraße 17, 10587 Berlin, Germany · greenworldorder.de · VAT ID DE365401326 · Version 19.04.2026