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GT&C - General Terms and Conditions
For business relations between HGV Kräutergarten Gmbh and consumers as well as companies (in the following referred to as “customers”) exclusively the following general terms and conditions (GTC) apply – regardless of the used communication tool. Consumer means any natural person who concludes business for some purpose which is not related to neither their own commercial nor independent professional business activity. An entrepreneur is a natural or legal person or corporate partnership entering into legal transactions that fall within the scope of their commercial or independent business activities. These general terms and conditions shall apply to business clients, but also in respect of all future business relationships, without us having to refer to these again. Should the entrepreneur use divergent or supplementary general terms and conditions, then their applicability is hereby ruled out – they will only be part of contract if and as far as we agreed to them in written form. The customer acknowledges the exclusive applicability of these terms and conditions for the entire business relationship.
CONCLUSION OF CONTRACT
The sale contract is concluded with HGV Kräutergarten GmbH. By using this website and ordering in this online shop you confirm that you are at least 18 years old. The presentation and description of the products within the online shop do not constitute a legally binding offer, but rather a non-binding online catalogue. The consumer may put our products in the shopping cart non-bindingly and correct their entries at any time before sending the final binding order. By clicking the order button the consumer places a binding order to buy the goods in the shopping cart. The confirmation of the entrance of the order follows immediately after mailing the order via an automatized e-mail – this however does not constitute acceptance of a contract. The acceptance of the contract only takes place with the full payment of the open amount.
RIGHT OF WITHDRAWAL
Furthermore, HGV Kräutergarten GmbH has the right of withdrawal. In particular if it is recognisable that consumers or companies obtain illegal narcotics from a plant offered by us within the meaning of the Austrian Narcotic Substances Act (SMG) and a criminal offence under the Narcotic Substances Act is thus established. We would like to point out that the formation of flower and fruit clusters in potent hemp plants must be prevented from a legal perspective. By concluding a purchase contract, the customers undertake not to use the plants purchased from us for any unlawful purpose. From an order quantity of ten plants per order, HGV Kräutergarten GmbH will only conclude a sales contract if the customer confirms that this is a collective order. In case of typing, printing and calculation errors on the website we are also entitled to withdraw from the contract. All offers are valid while stocks last. If our supplier does not supply us with the ordered goods despite contractual obligations, we are also entitled to withdraw from the contract. The purchase price already paid will be refunded within 14 working days or, on request, offset against other goods. It is expressly pointed out that the right of withdrawal is not applicable to living products – this includes living plants of all kinds and thus also the product portfolio of HGV Kräutergarten GmbH. If the offer is not accepted by HGV Kräutergarten GmbH or if certain products of the order are no longer available, this will be communicated via e-mail. The place of performance for business transactions is the company location of HGV Kräutergarten GmbH.
Consumers within the meaning of the Consumer Protection Act (KSchG) have the right to revoke this contract within 14 days without giving reasons. The withdrawal period is 14 days from the day on which the consumer or a designated third party other than the carrier takes possession of the last goods. In order to exercise the right of withdrawal, the consumer must inform by means of a clear statement (e.g. a letter sent by mail or via e-mail) of the decision to withdraw from the contract. In order to respect the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. The consumer has no right to withdraw from the following contracts: Delivery of goods which are not prefabricated and for the production of which an individual selection for the consumer's determination is decisive or which are clearly tailored to the consumer's personal needs. Contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (e.g. rapidly perishable). Contracts for the delivery of goods, if these were inseparably mixed with other goods after delivery due to their nature. Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery. Contracts for the supply of newspapers, periodicals or magazines other than subscription contracts. In the event of an effective cancellation, all payments that we have received will be refunded. We may refuse repayment until we have received the goods back or until we have proof that the goods have been returned. This applies depending on what happens at an earlier date. For the repayment we use the same means of payment that were used for the original transaction. Insofar important: Please send the goods immediately and in any case within 14 days from the day you informed us about the cancellation of this contract to: HGV Kräutergarten GmbH, Industriezeile 1, Objekt 6, 8401 Kalsdorf bei Graz Goods that can be sent by parcel post are to be returned at our risk. The consumer or entrepreneur shall bear the direct costs of the return shipment. The return of non-packageable goods (in particular plants without suitable and appropriate special packaging) is carried out by a forwarding agent and must also be borne by the consumer or entrepreneur.
Unless otherwise agreed, delivery is made to the delivery address provided by the consumer or entrepreneur. Depending on the country, delivery is made with different shipping service providers. Any customs duties and other public-law charges shall be borne by the customer. The customer bears the risk for the goods from the moment the goods are handed over to the post office or parcel service. Ordered plants are packed in neutral packaging suitable for shipping. We guarantee that plants are shipped in healthy condition. Since the dispatch cannot be influenced by us and no guarantee is possible for living plants, we do not assume any liability for the dispatch. If a delivery to the customer is not possible because the customer cannot be found at the delivery address indicated by him, although the delivery time was announced to the customer with a reasonable period of time or the delivery address was not indicated correctly, the customer bears the costs for the unsuccessful delivery. The delivery will be made from the warehouse, where the place of performance of the delivery is also located. HGV Kräutergarten GmbH is not responsible for delays in delivery and performance due to force majeure. Events of force majeure entitle us to postpone the delivery for the duration of the hindrance as well as a reasonable start-up time or to withdraw from the contract in whole or in part with regard to the part not yet fulfilled. Strike, natural disasters, war, blockade, export and import bans as well a other sovereign interventions are equal to force majeure, regardless of whether they occur at HGV Kräutergarten GmbH or at a supplier of HGV Kräutergarten GmbH. We must inform the customer immediately of the occurrence of an event of force majeure that will impede an imminent delivery. Delivery is only made to those countries in which the ordered products may be legally distributed. Please note that individual products can therefore only be delivered to individual countries.
MATURITY, PAYMENT, DEFAULT
Unless otherwise stated, all product prices are gross prices and include the statutory value added tax. The prices are valid at the time of the order including value added tax. In some countries exchange rate differences may occur if payment is made in another currency. Any applicable customs duties are to be paid by the customer. The purchase price is due immediately with the order.
The customer can pay the purchase price by advance payment, credit card or EPS.
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
When you place your order, you simultaneously send us your credit card details. After your legitimation as a lawful cardholder, we request your credit card company to initiate the payment transaction immediately after the order. The payment transaction is automatically carried out by the credit card company and your card is charged.
After placing the order, you will be redirected to the website of your bank. In order to be able to pay the invoice amount via EPS, you must have an online banking account with PIN/TAN procedure activated for participation in EPS, legitimize yourself accordingly and confirm the payment order to us. You will receive further instructions during the ordering process. The payment transaction will be executed immediately after that and your account will be debited. If the customer – for whatever reason – is in default of payment, HGV Kräutergarten GmbH is entitled to demand interest on arrears at a rate of 5% above the base rate p.a. announced by the Austrian National Bank. If HGV Kräutergarten GmbH has incurred higher damages due to the delay, HGV Kräutergarten GmbH shall be entitled to claim these.
RETENTION OF TITLE
All our deliveries and services are subject to retention of title. The delivered goods shall remain the property of HGV Kräutergarten GmbH until all claims against the customer have been settled in full. For entrepreneurs the following applies additionally: We reserve the right of ownership of the goods until the complete settlement of all claims from an ongoing business relationship. Entrepreneurs may resell the reserved goods in the ordinary course of business; all claims arising from this resale shall be assigned to us in advance in the amount of the invoice amount – irrespective of any combination or mixing of the reserved goods with a new item – and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if the entrepreneurs do not meet their payment obligations.
Unfortunately, no guarantee can be given for living plants. We assure that only healthy plants leave the HGV Kräutergarten GmbH. The warranty period for other products is in accordance with the legal regulations. This period is two years and begins from the date of receipt of the goods. Claims against HGV Kräutergarten GmbH from a manufacturer's warranty that may exceed warranty claims are excluded, as far as legally permissible. The customer is only entitled to claims under a manufacturer's warranty against the manufacturer who has promised the warranty. If there is a defect in the object of purchase for which HGV Kräutergarten GmbH is responsible, HGV Kräutergarten GmbH is entitled, at its own discretion, to remedy the defect or to deliver a replacement. If HGV Kräutergarten GmbH is not prepared to remedy the defect/replacement delivery, or is not in a position to do so, or if this is delayed beyond reasonable time limits for reasons for which HGV Kräutergarten GmbH is responsible, or if the remedy of defect/replacement delivery fails in any other way, the customer is entitled, at his discretion, to withdraw from the contract or to demand an appropriate reduction of the purchase price. If a warranty case occurs with a product purchased in the online shop, the customer can return the goods to the contact address provided. If it turns out that there is no defect covered by warranty, HGV Kräutergarten GmbH shall charge the customer for the expenses incurred. Compensation for (defect) consequential damages as well as other property damages, financial losses and damages of third parties against the customer – unless it is a consumer business – is excluded.
LINKS AND REFERENCES
The set links to external sites are only signposts to these sites; they are therefore displayed by means of external links in their own browser windows. HGV Kräutergarten GmbH does not identify itself with the contents of the pages to which reference is made and assumes no liability for them.
The customer is obliged to provide truthful information when ordering. If the customer's data change, the customer is obliged to inform HGV Kräutergarten GmbH of this change immediately by changing the information. If the customer omits this information or leaves behind false data, in particular a false e-mail address, HGV Kräutergarten GmbH may, as far as a contract has been concluded, withdraw from it.
APPLICABLE LAW AND JURISDICTION
Austrian law applies. Austrian law shall apply exclusively to all legal transactions between HGV Kräutergarten GmbH and the customer, to the exclusion of its referral norms and the UN Convention on Contracts for the International Sale of Goods. For consumers within the meaning of Art. 5 of the Rome Convention, their national mandatory consumer protection provisions shall apply, unless the respective Austrian provisions are more favourable to the consumer. If the customer does not have a general place of jurisdiction in Austria, moves his domicile or habitual residence abroad after conclusion of the contract or his domicile or habitual residence is unknown at the time of filing a suit, then Vienna shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. If the customer has his residence or his habitual abode in Germany or if he is employed in Germany, only the jurisdiction of the court in whose district the residence, habitual abode or place of employment is located can be established for an action against him according to §§ 88, 89, 93 para. 2 and 104 para. 1 JN. This does not apply to legal disputes that have already arisen. For possible legal disputes arising from the contract, the mandatory consumer law provisions at the customer's place of residence shall also apply to the contractual relationship. HGV Kräutergarten GmbH recognizes the Internet Ombudsman as an out-of-court dispute settlement: Internet Ombudsman Margaretenstr. 70/2/10 – 1050 Vienna https://www.ombudsmann.at/
If individual provisions of the present contract become invalid or unenforceable, or invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by enforceable and effective provisions whose effects come as close as possible to the economic objective which the contracting parties pursued with the invalid or unenforceable provision. The above provisions shall also apply in the event that the contract proves to be incomplete.
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