General Terms and Conditions
General Terms and Conditions of Hemp M&S GmbH, FN 477056d
As of June 1st, 2020
Scope of application
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the purchase and delivery of goods of Hemp M&S GmbH (hereinafter “Hemp M&S” or the “Company”) to its customers.
The Hemp M&S retains the right to amend these GTC without prior notice. The customer is required to confirm and accept the recent GTC at the time of the order.
Deviating terms and conditions are generally not accepted by Hemp M&S and are therefore not valid, unless Hemp M&S has agreed to this in writing or by e-mail before acceptance of the order.
Concluding the Contract
Contract partner is Hemp M&S GmbH with its registered seat in Hainburg an der Donau and its business address at Fabriksplatz 1a, 2410 Hainburg an der Donau, Austria, registered with the commercial register at the regional court Korneuburg under FN 477056d. Managing director: Roman Strechaj representing the Company individually. UID: ATU72559634
Tel: +436 645 441 609 or +421 949 386 653. Email: firstname.lastname@example.org Website: https://cbdium.eu
A legally binding purchase contract shall be concluded between the customer and Hemp M&S when the customer clicks on the button “Proceed to Payment / Pay (to Paypal – Hemp MS)” in the course of the ordering process and during the transmission of an order confirmation, or by placing an explicit telephone or email order.
Hemp M&S is also entitled to refuse an order without giving reasons. If an order comprises several articles, the contract shall only come into force on those articles expressly listed in the order confirmation or actually delivered.
The contract text (or the purchase order) shall entail the customer data and the contract data for billing purposes, as well as the data necessary for setting up the purchase contract, being stored electronically. The personal data and the order is stored with Hemp M&S and cannot be viewed after completion of the ordering process.
Prices and Shipping Costs
The sale prices of the offered goods are valid at the time of the placement of the order and are understood as gross prices in Euro. They include all statutory taxes and duties for domestic deliveries.
The goods are generally shipped to the delivery address provided within five (5) and no later than ten (10) working days of receipt of payment. Shipping may be arranged by a contractual partner of Hemp M&S. Shipping will be arranged to the delivery address specified in the order (generally by standard postal services, in exceptional case via courier services).
The sale prices do not include any costs for shipping and delivery. All costs resulting from the dispatch are borne by the customer. A shipping charge amounts from EUR 5 to EUR 15 (EU delivery) and from EUR 9 to EUR 49.00 (international shipping) per order depending on the weight of the article/s and the amount of work and time involved in processing these orders.
Payment and Advance Payments, Reservation of Title
The billing and payment of ordered goods shall be in Euro and settled in advance during the course of the ordering process by means of credit card, PayPal or bank transfer (eps online banking) to the company account at Erste Bank der Österreichischen Sparkassen AG, IBAN: AT63 2011 1837 6302 1100, BIC: GIBAATWWXXX.
Discounts on payments require a separate written agreement. In the event of a delay in payment, including with partial payments, any discount agreements entered into shall be null and void. Payments by the customer shall only be deemed to have been made when the amount is received by the Company on its account.
In case of default of payments by the customer, Hemp M&S is entitled to demand interest on arrears at the statutory rate. Hemp M&S shall also be entitled to demand compound interest in the event of the customer’s default on payments from the date of the delivery of the goods.
Hemp M&S reserves the right to ownership of all goods up to the complete payment of the purchase price together with additional charges and any interest on arrears. The assertion of the retention of title shall only be construed as a withdrawal from the contract if it has been expressly declared. Hemp M&S shall be entitled to charge incurred transport and manipulation charges in the case of withdrawal of the goods. In the case of claims by third parties to the reserved goods, in particular by attachment, the customer undertakes to point out Hemp M&S ‘s ownership and to notify Hemp M&S immediately. If the customer is a consumer or an entrepreneur whose ordinary business is not trading in the goods purchased by Hemp M&S, he may not dispose of the reserved goods until full settlement of the open purchase price, in particular not by way of selling, pledging, giving or lending. The customer bears the full risk for the reserved goods, in particular the risk of destruction, loss or deterioration.
The place of performance for all purchases is the head offices of Hemp M&S located at Fabriksplatz 1a, 2410 Hainburg an der Donau, Austria.
Delivery times and delivery hindrances
The delivery period for the respective order is stated in the respective order confirmation and, if nothing else is stated, usually takes three to ten business days in EU countries. For international deliveries, the delivery period can be extended accordingly. Delivery times are valid from receipt of payment.
If Hemp M&S cannot deliver and does not offer the purchaser a new delivery date, Hemp M&S is entitled to withdraw from the contract in full or in part without incurring any compensation for damages. Similarly, in such cases, the customer may withdraw from the contract.
In any event, the Company does not accept any orders and does not deliver to countries where specific regulatory or other legal provisions exist which prohibit the delivery of goods to this country or are subject to special regulatory approvals.
Any changes or cancellations of orders by the buyer must be in writing (including e-mail). In certain cases, Hemp M&S reserves the right to accept declarations in a different form.
The delivery is always made by the employees of the Company or a suitable transport company at the choice of Hemp M&S. If the customer has not accepted the goods as agreed (delay of acceptance), Hemp M&S shall be entitled to store the goods after unsuccessfully giving reasonable notice, for which a storage fee of 0.1% of the gross invoiced amount shall be charged for each calendar day commenced. At the same time, Hemp M&S is entitled either to insist on the fulfilment of the contract or to rescind the contract after setting a reasonable additional period of at least two weeks and to sell the goods elsewhere. The client will be billed for a possible deficit amount.
In the event of a default of acceptance or other important reasons, such as in particular bankruptcy of the customer or rejection of the opening of insolvency proceedings for lack of assets or infringement of legal provisions, as well as for default of payment, Hemp M&S is entitled to rescind the contract. In case of rescission, Hemp M&S shall be entitled to claim liquidated damages of 15% of the gross invoiced amount, without prejudice to the actual damage suffered.
In case of default of payment by the customer, Hemp M&S shall be released from all further performance and delivery obligations and shall be entitled to withhold any outstanding deliveries or services and demand advance payments or guarantees or rescind the contract after setting a reasonable deadline. If the customer – without being entitled to do so – withdraws from the contract or desires its termination, Hemp M&S has the choice to insist on the fulfilment of the contract or to agree to the rescission of the contract; In the latter case, the customer is obliged to pay liquidated damages in the amount of of 15% of the gross settlement amount or the actual damage incurred at the option of Hemp M&S.
Customs duties related to shipments beyond the bounds of the EU should be clarified with the competent customs authorities.
Transfer of Risk
In the case of self-collection of the goods by the buyer, the benefit and risk shall pass to the buyer at the latest upon handover after payment.
In case of delivery Hemp M&S determines the type of transport and the transport route. In the case of delivery, use and risk only pass to the buyer upon delivery of the goods from the carrier to the buyer.
Right to Rescission of the Consumer
If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz), he can withdraw from the contract within 14 days from receipt of the goods without giving reasons.
The deadline for this right begins on the day on which the customer comes into receipt of the goods.
In order to exercise the right of recession, the customer needs to inform us Hemp M&S located at Fabriksplatz 1a, 2410 Hainburg an der Donau, Austria by means of a clear statement (e.g. a letter sent by post or an email) about the decision to withdraw from the relevant contract. The customer may, but is not obliged to, use the following sample withdrawal form:
Sample withdrawal form If the customer wishes to withdraw from the contract, he/she can complete and send the following form to us:
|I/We (*) hereby withdraw from the contract concluded with regard to the purchase of the following goods Ordered on / Received on (*) Name/s of the consumer/s Address of the consumer/s Signature of the consumer/s (only if in writing) Date (*) Delete as appropriate|
In order to meet the withdrawal deadline, it is sufficient for the customer to provide evidence that he/she has sent the notification about exercising the right of recession prior to the deadline expiring.
If the customer withdraws from the contract, Hemp M&S shall be required to reimburse all payments it has received from the customer, including the shipping costs without delay and no later than 14 days after the date of the Company‘s receipt of the notification of the withdrawal from the contract. This reimbursement shall be based on the same method of payment which the customer used for the original transaction unless explicitly agreed otherwise; Under no circumstances will the customer be subject to charges for the reimbursement.
If the customer has received goods, he/she shall be required to return these to the Company without delay and in no case later than 14 days after the day upon which the customer informed the Company of his/her intention to withdraw from the contract. This deadline shall be regarded as having been complied with if the customer provides evidence that goods were dispatched within 14 days. The customer shall bear the costs directly related with the return of the goods.
In the event of a withdrawal from a contract, the Company shall have the right to delay reimbursement until such time as the Company has received the goods or the customer provides evidence that the goods have been returned, which ever point in time is earlier.
The warranty provisions of the Austrian General Civil Code (ABGB) shall apply in principle to all goods of the Company (24 months from receipt of the goods) subject to the following provisions.
Commitments, such as the usability or special characteristics of the goods, or statements made by the employees of Hemp M&S, are not binding and do not represent an express assurance of certain features.
Warranty claims are dependent on the fact that defects are immediately reported to Hemp M&S, namely recognizable defects immediately upon acceptance, hidden defects after discovery, and with presentation of the goods and the original invoice.
A warranty claim is in any case limited to the purchase price of the delivered and defective goods.
Hemp M&S will fulfil its warranty obligations at its discretion either by delivering defect-free goods, improving, delivering the deficient quantities or unwinding the contract (i.e., repayment of the purchase price) within a reasonable period of time.
For transactions with consumers as defined by the Austrian Consumer Protection Act (Konsumentenschutzgesetz), instead of the provisions of paragraphs 8.2. through 8.5, in the event of a defect, the customer may demand improvement, exchange of the goods, reasonable price reduction or conversion in accordance with the statutory provisions.
For reasons of taste, commercially regular or minor deviations of the quality, quantity, colour, size, weight, equipment or design, which are technically caused, neither represent a defect in the warranty nor do they fail to fulfil the contract. In particular it has to be noted that the products of the Company are natural products which can inevitably change from batch to batch in fragrance, appearance and composition.
Hemp M&S shall not be liable for the taste, colour, material and pattern of conformity or other characteristics of reordered goods. The same applies to the goods ordered according to samples, as far as the deviation is within the commercial and technical limits.
After tasting, consumption or started processing of the goods any warranty is excluded.
Unless otherwise prescribed by law, any liability to provide compensation in cases of consequential damages or losses and any other damage to or loss of property, financial losses and losses incurred by third parties is hereby excluded.
Electronic Processing of Customer Data
The buyer agrees that the personal data cited in the purchase contract and disclosed by him at the time of registration or order are stored and processed in compliance with the provisions of the Data Protection Act. These data are used, to the extent necessary, to comply with legal requirements, the handling of payment transactions, customer care and marketing purposes. Furthermore, the customer agrees to receive from Hemp M&S electronic mail (for example, by email) for advertising purposes. This consent can be revoked at any time by e-mail to email@example.com.
The contractual language is German. This document is an unofficial translation of a German language original and is provided for information purposes only. In the event of any discrepancies or disputes, the German-language version hereof shall be legally binding and authoritative.
If individual provisions of the contract or these general terms and conditions are invalid, this does not result in the invalidity of the entire contract or the entire general terms and conditions. The remaining contractual content or the remaining general terms and conditions remain unchanged.
The place of performance for Hemp M&S as well as the buyer shall be the registered office of the Company.
Austrian law shall apply to all disputes arising out of or in connection with the contract, with the exclusion of the international conflict of law rules and excluding the UN Convention on the Sale of Goods.
The competent court of law at the registered seat of the Company shall have exclusive jurisdiction to decide all disputes arising in connection with the contractual relationship. This does not affect mandatory legal venues for consumers.